Loading...
HomeMy WebLinkAboutOrdinance 1456 N.C.S. 02/02/19811 PLK:dh 1/23/81 ~~EC~'~~VE ~~~E ~ ~~ ~~~Ql~~~~E J A N 2 9 19 81 ORDINANCE NO..._ 145_6~_N.C.S. ~E9 - 21981 . ~ , INTRODUCED BY COUNCILMAN SECONDED BY COUNCILMAN G. ROJ AND B(lND _ AN ORDINANC€~REPEALING THE PREUI,O_USLY ADOPTED FIRE CODE AND ADOPTING THE UNIFO'RM FIRE CODE, 1979 EDITION, TOGETHER WITH AMENDMENTS THERETO, AND DECLARING ITS l1RGENCY, TO TAKE EFFECT IMMEDIATELY. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF RETALUMA AS FOLLOWS: Section 1. Chapter 17.20 of the Petal~uma.Municipal Code is hereby repealed. Secti,on. 2. Chapter 17.20 of the Petal uma ~Munici pal Code is hereby added to read as follows: - "Gha pter 17.20 FIRE GODE 17.20.010 Fire code ad'opted. There is adopted by the City, for the purPose of prescribing regulati,ons governing conditions hazardous to life and property from fire o.r explosioa, that certain code known as tiie Uniform Fire Code, 1979 Edition, recommended by the Western Fi~re Chiefs Association and the International Conference of Building Officials, and the whole thereof, save and except such portions as are deleted, modified or amended by this chapter, no.t less than three copies of which code have been and are now filed in the office of the elerk of the city, and the same are adopted and incorporated as fully as, if set out at length in this chapter,.and from the e~ffective date of this section, the provisions thereof shall be controlling within the limits of the city. ~ .~. ~ PL K:dh 1/23/81 --~ 1'7.20.020 Establis,hment and ,dut.ies o'f bureau of fire ~revention. A. The Uniform Fire Code shal`1 be enforced by the Bareau of Fire = Prevention in the fire depa,rtment of ,the cityg which shall be operated under the supervision of the Chief.of the Fire Department. B. The Fire Marshal shall,be appointed by the City Manager, upon the recommendation of the Chief of the Fire Department, on the basis of examination to determine his qualifi.cations. C. The Chief of the Fire Department may detail such members of the fire de partment as ins peetors as shall from time to time be necessary. The Chie:f of the Fire Department sha11~ r,ecommend to the City Manager the employment.of technical inspectors, whose qua]ifications shall be determ.ined, and"a;ppointment made as determined by the city manager. BUILDING AND CONSTRUCTION 17.20.030 Definitions. Whenever used in the Uniform Fire Code, the following words and phrases shall have the meanings ascribed to them i`n this section: A. Chie.f of the Bureau of Fire Prevention means the Fire Marshal. B. Corporation counse] means the attorney for the city. C. Jurisdiction means the city. 17.20.040 Establishment of limits of di'str,i;c,ts i,n which storage of flammable or combusti.ble liqu:ids,in outside aboveground tanks is to be prohi`bited. A. The limits re;ferred to in Section 79.2O1A of the Uniform Fire Code in which storage of flammable or combustible Tiquids in outside aboveground tanks is prohibited~, are establi~shed as being Fire Zones 1 and 2. B. The limits referred to in Section 79.601 of 'the Uniform Fire Code, in wh~i.ch new bulk plants for flammable or combustible liquids are prohibi;ted, are establi"shed as being Fire Zone 1. -2- , ~. _ „ , PLK:dh 1J23J81 -~ . 17.2O.D50 Establi's'hment of limits in whic.h bulk storage of liquefied petroleum gases is to be restricted. ~ The limits referred to in See,tion 82.105A of the Uni.form Fire Code, in which bulk storage of liquefi'ed gas is restricted, are established as being Fire Zone l. 17.20.060 Establishment of limits of distric~ts i.,n which storaae of explos;ives and blasting agents i:s. to be prohibited. The limits referred to in Section 77:1066 of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are established as being all areas except M-G, GeneraT Industrial Districts as shown in th'e Petaluma Zoning Ordinance. 17.20.070 Amendments-.made i°n the Uniform Fire Code. The Uniform Fire Code is amended and ch'anged in the following res pects: A. Section 4.108 is hereby added to the Uni'form Fire Code to read as follows: Fermit fees shall be established by resolution of the City Council. B. Section 10.20.7A of the Uniform Fire Code is hereby amended to read as follows: 10.207A All buildings or portions of buildings located in excess of 150 feet from a~bJic street shall be, pr.ovided with access roadways a pproved bq the Fire Department and conforming to the following specifications: l. 20 feet minimum unobstructed width and'13 feet 6 inches verticaT height. ~ 2. Driving surface shall be capable of suppo.rting 16 tons minimum load in all weather conditions. 3. Vertical and horizontal curvature and turn-around radius shall be adequate to accommodate fire apparatus. (Specifications on file in City Engineering office.) 4. Private, dead-end streets shall not exceed 350 feet in length (o:r 350 feet between turn' around points) and shall include a turn around at its termination point. -3- _ , ~ PLK:dh 1/23/81 ~. C. S,ection 10.307A is amended and chang'ed to read as follows: ~(1) A1 arm Sy.s,tems ~ ~ Every apartment house' an'd. tiot"el cohstructed or remodeled after the effect'ive 'date of thi's code shaJ l have an approved automatic fire alarm sys.tem install-ed throughout, designed to warn the occupants of the building in th.e even.t of a fire. Such fire ala.rm sys.tem sha,ll be so designed tha,t all occupants of the bailding wi11 be warned simul.:taneously. - (2:) Products of Combustion betectors a, No person or persons shall buy or otherwise receive legal or equita'ble"title in real pro:perty or permit a change of tenancy in owned ;real property improved with one or more dwellings or apartments capabl-e of human habitation unl~ess there is installed therein one or more products of combustion detectors (commonly called a°smoke detector"), listed by Underwriter's Laboratories or a similar testing organization and listed by the State Fire Marshal, exeept tiiat no.such device shall be sensitive to heat only. Such devices shall be installed in tbe same locations - required by the Building Code for new structures, and may be pov~ered by battery, house current o;r any other means authorized for:such devices. No owner of any residential real property shall maintain the same after Ju1y 1, 198`3, unless suc`h products of combustion detec:tors are installed as herein set out. b. Every person who buys or who permits a change of tenancy in owned residential reaT property as described herein shall certify, by declaration made under penalty of perjury, that this section has been complied with and the detector or detectors required by this section has or have been i'nstalled in and are operational in said dwelli.ng, to ,the standards set out herein. The original said certificate sha1l be fonwarded to the Petaluma Fire Prevention Bureau. D. Section 10.309A of the Uniform Fire Code is hereby amended to read as follows: 10. 309A Fi re exti ngui siiing sy,.stems . -4- PLK:dh 1/23/81 1: Automatic sprinkler systems shall be installed throughout all , new buildings 8,000 or mo"re square feet in area or four - stories in height and in all new bu:ildings that will house an occupancy which in the opinion of the Fire Chief, may create a sub.stan.tial th.reat' to life.o:r property. Such systems will be in`s'talled in accordance w:ith National Fire Protection Association Pamphlet No. 13 and will be supervised by an automatic transmission of an a,larm to the Peta]uma Fire Department or an approved central receiving station. It shall not. b.e the intent of this~ requi`rement to reduce the more restrictive requirements of Chapter 38 of the 1979 Uniform Building Code. 2. In attached s.tructures, approved four hour, masonry, area separation wa1ls with parapets 3Q inches above the roofline and wit'fiout openings or penetrations may be substituted for the required ,s,prinkler sys,tem. The Fire Chief may prescribe additiona,l regula:tions rela.tive to s~prinkler systems or separation wa1Ts. Any openi~ngs in or penetration of separation walls shall conclusively be presumed to be a fire hazard and subjec`t to abatement under Article 2. E. Section 78.1026 of the Uniform Fire Code is hereby amended to read as follows: 78.102B Except as hereinafter provided, it shall be unl.awful for any pe;rson to possess, store, to offer for sale, expose for sale, sell at retai'l, or use or explode any fireworks; provided that the Fire Chief shall have power to adopt reas'onab]e rules and regulations for the granting of permits for superv.ised public displays of fireworks by a pub.lic agency, fair association, amusement park, other organization or for the use of fireworks by artisans in pursuit of their t"rade. Every such use o;r display shall be handled by a competent operator a pproved by the Fire Chief, and shall be of such character and so located, discharged or fired as in the opinion of the Fire Chief, after proper investigation, so as not to be hazardous to the property, or endanger any person. -5- PLK:dh 1/23/81 _` . Safe.and S'ane Fireworks. During the period beginning 12:00 noon June 28th and ending 12:00 noon on JuTy Gth fireworks classified by the California State Fire Marsha] as 'Safe and Sane' fireworks may be sold, possessed and discharged. Sale, possession and discharge, during this period shall be i'n compliance with all othew applicable state and local regulations. F. Section 10.30:1F is her.eby added to the Uniform Fire Code to read as follows: 10.301F. Occupanc,ies which maintain„ process or use hazardous chemicals or materi.als shall provide all specialized fire protection su.pplies, equi'pment and materials needed for the containment and abatement of any, emergency situation involving their hazardous materials as directed by the Fire Chie.f.: These occupancies shall make avaiTab,]e to the Fire De partment a,t all times a chemical or materials consu;ltant familiar with their ty pes of hazards. G. Section 47.106 of the Uniform Fire Code is hereby amended to read as follows: 47.1D6. Where a flammable or poisonous gas or substance giving rise to a flarnmable gas is used for fumi`gation, the permittee shall be required to have 24-hour supe'rvision from the time the premises have been fumigated until a11 v~entilation work has been completed (approved gas type vaul~ts or tan'ks are excepted from this requirement). H. Section:11.101 of the Uniform Fire Cod`e is hereby amended to read as follows: (A) 0 pen burning prohibited. O pen burn~ing within the corporate limits of the Gity of Retaluma, includ.ing inci'nerators, is prohibited, exce:pt for burn:ing in anits which comply with the Bay Area Air Quality Management District's standards. (B) Barbecues are exempted. The aboye res.triction shall not apply tb barbecues provided the,barbecue shall not be used for burni~ng rubbish, papers, boxes, gr.ass, brush., or any other combustible ma'tera al s;, except charcoa.l , natuna~T gas or o-ther materials commonly used in barbecues for cook'ing purpb`s.es. -6- PLK:dh 1/23/81 (C) Commercial. industrial burning. The Fire Department may issue permits for commercial or industrial burning of combustible waste material, orchard prunings, or standing vegetation during hours specified by the.Fire Department when in accordance with the Bay Area Air Quality Management Distr-ict's standards.. Such exemption shall be set forth in the permit issued by the Fire Prevention Bureau. (D) Special Permits. A special permit is required for recreational bonfires which shall be restricted to the hours as set forth in a permit issued by the Fire Prevention Bureau. (E) Chief may prohibit. The Chief may prohibit any or all bonfires and outdoor rubbish fire when atmo.spheric conditions or local circumstances make such fires hazardous. I. Sections 11.106A and B of the Uniform Fire Code are hereby deleted. J. Section 11.201 of the Uniform Fire Code is hereby amended by adding thereto subsection (D) to read as follows: 11.201D. Removal of debris after fire. All rubble, waste rubbish and other materials lying upon any premises within this city, having been accumulated thereon by reason of a fire, and having been rendered useless thereby, shall be removed therefrom within ten (10) days after notice to do so has been given, in writing, to the owner of the Premises or his authorized representative, by the Fire Chi~f or his authorized representative. K. Section 11.201 of the Uniform Fire Code is hereby amended by adding thereto subsection (E) to read as follows: (E) Waste dispo'sal containers or temporary storage of combustible waste in commercial businesses, hotels and apartment occupancies shall not be located within 5 feet from a line run vertically from the outer edge of a combustible roof eave or overhang of a single- story structure nor within 5 feet of a combustible exterior wall or opening, unle.ss such storage area is provided with domestic fire sprinkler protection approved by the fire department. Openings for the purpose of this section shall mean any wall penetrations, doors, windows and vents. -7- PLK:dh 1/23/81 L. Section 11.207,is hereby added to the Uniform Fire Code to read as follows: - Section :11.;207. Parade Floats (a) For permits to construct or operate a parade float, see Section 4.lbl_ (b) All decorativ.e materials shall be fire resistive or flame retardant. (c) A11 motori'zed a ppara.tus shall be provided with an approved portable fi.re exti:ngui'sher of at lea`st 2-A:10-B:C rating readily accessible to the operator. M. Section 4.101 of the fJniform Fire Code is hereby amended by adding the following thereto: . Parade Floats: To construct or ase a parade float for public performance.,, presentati,on, spectacle,; enterta'inment~or parade. See Sectio:n `l1.-207. N. Section 9.118 of t;he' Uniform Fi re Code i~s .hereby, amended by adding the following t'here:to: ~ Parad~ Float is a unit especially designed or constructed for use in conjunetion wi"th a parade or pub'1ic gathering. 0. Articl~ 85 is hereby added to the Uniform Fire Code to read as follows: ARTICLE 85 ELEGTRICAL Scope Section 8`5.101. This artic:le sha.ll apply to all electrical a ppliances, motors or wiring installation.., whet'her permanent or temporary, creating electrica~l hazards. Definitions Section 85.1.02. For the purposes of this article, certain terms are defined as follows: -8- PLK:dh 1/23/81 - APPLIANGE is a device or maChine that is operated by electricity to perform a specific task. ~ APPLIANCE CORD is wiring which is attached to the appliance in accordance with the manufacturer's design. ELECTRICAL HAZARD is any wiring, motor or appliance that is sparking, arcing, sparking around receptacles or cords, smoking, heated insulation or any other indications that an electrical shock or fire may be imminent. EXTENSION CORD is wiring of any length which has one male plug on one end and one or more female plugs on the other. MULTI-PLUG ADAPTER is any device that plugs into a receptacle and allows that receptacle to supply power to more appliances than that for which is was originally designed. Examples: cube adapters, strip plugs and multi-plug extension cords. PERMANENT is a,ny wiring or equipment affixed to a structure in accordance with the Electrical Code. RECEPTACLE is an electrical wall outlet des'igned for use with a plug or connector for the purpose of supplying elect:rical power to an appliance. TEMPORARY is any wiring or equipment which is~used on a limited basis as determined by the Chief, such as during construction or with any portable appliance in immediate use. Abatement of Electrical Hazards Section 85.103. When any electrical hazards exist, immediate measures to abate such conditions shall be taken. All haza,rdous electrical conditions are to be brought to the at"tention of the Chief or his representative a`nd the authority enforcing the Electrical Code shall be notified. Hazardous Areas Section 85.104. Areas or rooms which may have flammable or explosive atmos°phere shall comply with the Electrical Code for hazardous location. Electrical Motors Section 8b:105. All electri`cal motors shall be maintained in a clean manner, free from accumulations of oil, dirt, waste and other debris. Approved Electrical Applianees Section 85.106. All electrical appliances sha1T conform to the Electrical Code. No person shall sell, offer for sale, rent, give, make available -9- -, •. PLK:dh 1/23/81 - for use, or d;i s:;pose of by gi ft or premi um any ~el ectrical appl i ance _ unTess it is approv~ed. - Extension.Cords Section 8'5.107. (a), Ex,tensi`on cords are prohi:bited for permanent use. (b`) Extensi'.on cords are permi tted only wi th portabl e appl iances while in immedia-te use in acco.rdance with, the folTowing: 1. There is to be only one eXtension cord to the a ppliance. Each extensi;on cord must plug direc:tly i:_nto an approved receptacle outlet. 2. The. size of' tlie wi re must be the ,same size or larger than the cord on the appliance. ~ 3. Extension cords must be' mai:ntained -in good condition without splices, deterioration or damage. 4. A1T extension cords shall'be.grounded when servicing grounded a ppl i ances . 5. Extension cords and/o.r a.ppliance cords shall not extend through wal'ls, c.eilings, floors or undew doors or floor coverings. Multi-Plug Adapters Section 85.108:. -the use of multi-plug adapters such as multi-plug extension cords, cube adapters, strip plug_s q`r any other device that does not comply~ wi`th this code or the Electri:cal Code is prohibited. Installations Section 85.T09. Installations of el„ectrical mo.tors, appliances or wiring shaTl be in,accordance with the Electrical Code and the manufacturer's design. Maintenance Section 85.110. it shall be unlawful to maintain any electrical motors, appliance, wiring or device in violation of this code or the Electrical Code. . (a) A minimam of 30 inches of cTearance is to be provided in front of electrical circuit panels and equipment. (-b,) All items eovered in the~ scope of this artic1e shall be maintained in a safe condition. (c) Al1 wiring shall be secured in an appnoved manner. (d) There shall be no visible damage to electrical motors, appliances or wiring. -10- 'e , , PLK:dh 1/23J81 ' ~ • 17,20.080. Appeals. . lJhenever the Ghief disapproves an application or refuses to grant a permit applied for, or when it is claiined that the provisions of the ~ code do not, apply or that the true intent and meaning of the code have been miseonstrued or wrongly interpreted., the aPplican"t may a ppeal from the decision of the Chief to the Board of Appeals, which is designated to be the Board of Building Review as heretofore e5tablished and a ppoin:ted according to,Chapter 17.08 of this code, withi.n thirty days from the date of the dec,ision appealed. The Fire Chief shall act as secretary of the board when it is hearing appeals concerned with the Uniform Fire Code. 17.20.090 New ma:terials, processes or occupancies which may require permits. The City Manager, the Ghief a.nd the Chief of+the Bureau of Fire Prevention shal] act as a committee to determine and specify, after giving affected persons arr op~rtunity ~to be:heard, any new materials, processes or occu pane i'es , whi ch sfial l requ i re permi°ts-, i n addi ti on to those now enumerated in the code. The Ghief of the Bu.reau of Fire prevention shall post such list in a conspieuous ~place in his office, and distribute co'pies thereof to interested persons. Section 3. Pursuant to Health and Safety Code Section 17958.7 the following findings a,re hereby made in connection with the adoption of residential revisions to the Uniform Fire Code: 1. The City.of Petaluma desires to maintain a minimal on-duty fire supression fo.rce. ~ 2. The City of Petaluma desires to maintain an adequate on-duty fire suppression force a,t a reasonable city cost. 3. Part of the fire protecti,on cost must be shared by the building owners with built-in fire protec:tion,, if these goals are to be achieved. 4. The City of Petaluma desires to achieve initial fire response and fire flow capacity of 1,.500 gallons per minute. -11- PLK:dh 1/23/81 :; ~ . . .. : '~ ' 5. The passage of Articles XIIIA and XIIIB of the California ~• Constitution has s.everely limited the potential of the City of , Petaluma to prov'ide inc`reased fi.re protect.ion services, due to limited means of future funding. Built-in fire early-warning and pro:tection faci`lities will assist in mitigating the potential . short fall in such increased services. Section 4. If any s:ection, subsection, sentence, clause or phrase or word of this ordi.nance is for any reason hel:d to be uncons.titutional or invalid by a court of competent jurisdic.tion, su:ch decision shall not affect the validity of the remainirig.porti'ons of this ordinance. The City Council of the City of Petaluma hereby~declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared uncons.titutional or invalid. Section 5. Tliis ordinance is hereby d'ecla`red to be necessary for the immedia.te preservati°on; of the public peace,, health and safety and shall take effect and be in force upon i'ts passage by a unanimous vote of the members of the Ci'ty Council present at the time of its ado ption. The reason for the emergency is that the increased requirements for built-in early wa~rning and fire protection devices will contribute significantly to fir,e safety in new construction, and such increased safety is immediately necessary for the preservation of the public health and safety. Section 6. The City Clerk is hereby directed to post/publish this ordinance for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this 2nd day of Februarv , 1981. ADOPTED this 2nd day of ~ riiar~ , 1981 by the fbllowing vote: AYES: Councilmen Perry/Narbers,on/BondJUice-Mayor BattagTia/Councilmen Bal;s,haw, Cavanagh/MayortMattei Y'. NOES: ~Jone ., ~ ~ , • } . ABSENT: N~ri~ _ ; ~ _ . At -12- City Attorney Ordinance No. 1456 N.C.S,.