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HomeMy WebLinkAboutOrdinance 1656 N.C.S. 07/07/1986,.~ ~~.j'4.;Ee'~ad~~ Atli • ~ 196 Introduced by ORDINANCE NO. 1656 NCS Seconded by Vice Mayor Balshaw Larry Tencer AN ORDINANCE REPEALING THE PREVIOUSLY ADOPTED FIRE CODE AND ADOPTING THE UNIFORM FIRE CODE, 1985, EDITION, TOGETHER WITH AMENDMENTS THERETO AND APPENDICES I, II, III, IV, V AND VI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1. Chapter 17.20 of the Petaluma Municipal code is hereby repealed . Section 2. Chapter 17.20 of the Petaluma Municipal Code is hereby added to read as follows "Chapter 17.20 FIRE CODE 17.20.010 Fire code adopted There is adopted by the City, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code, 1985 Edition, recommended by the Western Fire 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, not less than three copies of which code have been and are now filed in the office of the Clerk of the City, and the same are adopted and incorporated as fully as if set out at length in this chapter, and from the effective date of this section, the provisions thereof shall be controlling within the limits of the City . 17.20.020 Establishment and duties of bureau of fire prevention A. The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention iri the fire department of the City, 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 qualifications. C. The Chief of the Fire Department may detail such members of the fire department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Manager the employment of technical inspectors, whose qualifications shall be determined, and appointment made as determin ed by the City Manag er. Ord. 1656 NCS 1 of 7 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 in this section: A. Chief of the Bureau of Fire Prevention means the Fire Marshal. B. Corporation counsel means the attorney for the city. C. Jurisdiction means the city. 17.20.040 Establishment of limits of districts in which storage of flammable or combustible liquids in outside above ground tanks is to be prohibited. A. The limits referred to in Section 79.501 of the Uniform Fire Code in which storage of flammable or combustible liquids are prohibited, are established as being Fire Zones 1 and 2. B. The limits referred to in Section 79.1001 of the Uniform Fire Code, temporary storage of flammable or combustible liquids at construction site are prohibited, are established as being Fire Zone 1. 17.20.050 Establishment of limits in which bulk storage of liquefied petroleum gases is to be restricted The limits referred to in Section 82.105A of the Uniform Fire Code, in which bulk storage of liquified gas is restricted, are established as being Fire Zone 1. 17.20.060 Establishment of limits of districts in which storage of explosives and blasting agents is to be prohibited The limits referred to in Section 77.106B of the Uniform Fire Code, in which storage of explosives and blasting. agents is prohibited, are established as being all areas except M-G, General Industrial Districts as shown in the Petaluma Zoning Ordinance. 17.20, 070 Amendments made in the Uniform Fire Code The Uniform Fire Code is amended and changed in the following respects: A. Section 4.108 is hereby added to the Uniform Fire Code to read as follows Permit fees shall be as established by resolution of the City Council. ._., Ord. 1656 NCS 2 of 7 B . Section 10.207A 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 public street shall be provided with access roadways approved by the Fire Department and conforming to the following specifications 1. 20 feet minimum unobstructed width and 13 feet 6 inches vertical height. 2. Driving surface shall be capable of supporting 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 (or 350 feet between turn around points) and shall include a turn around at its termination point. C. Section 10.306A is amended and changed to read as follows: 1. Alarm Systems Every apartment house and hotel constructed or remodeled after the effective date of this code shall have an approved automatic fire alarm system installed throughout, designed to warn the occupants of the building in the event of afire . Such fire alarm system shall be so designed that all occupants of the building will be warned simultaneously. 2. Products of Combustion Detectors a. No person or persons shall buy or otherwise receive legal or equitable title in real. property or permit a change of tenancy in owned real property improved with one or more dwellings or apartments capable of human habitation unless 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, except that no such device shall be sensitive to heat only. Such devices shall be installed in the same locations required by the Building Code for new structures, and may be powered by battery, house current or any other means authorized for such devices. No owner of any residential real property shall maintain the same after July 1, 1983, unless such products of combustion detectors are installed as herein set out. Ord. .1656 NCS 3 of 7 b . Every person who buys or who permits a change of tenancy in owned residential real 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 installed in and are operational in said dwelling, to the standards set out herein. The original said certificate shall be forwarded to the Petaluma Fire Prevention Bureau. D. Section 10.308A of the Uniform Fire Code is hereby amended to read as follows : 10.308A -Fire Extinguishing System 1. Automatic sprinkler systems shall be installed and maintained throughout all new buildings 8, 000 or more square feet in area or four stories or more in height and in all buildings that will house an occupancy, which in the opinion of the Fire Chief may create a substantial threat to life or property. The Fire Chief shall be guided by the statistical report of the California Fire Incident Reporting System. Such systems will be installed in accordance with National Fire Protection Association Pamphlet No. 13 and will be supervised by an automatic transmission of an alarm to the Petaluma Fire Department Dispatch Center or an approved central receiving station. It shall not be the intent of this requirement to reduce the more restrictive requirements of Chapter 38 of the Uniform Building Code. For purposes of this section, "new building" shall mean any building for which site plan and architectural review application was made pursuant to the Zoning Ordinance on or after February 2, 1981. 2. Additions or alterations made to a building so that the combined building exceeds 8, 000 square feet in area or is four stories or more in height shall be required to install and maintain an automatic sprinkler system as described in Subsection 1 throughout the addition or alteration, except that a one-time addition or alteration of an aggregate area not to exceed 800 square feet to any unsprinkled building shall be exempt from this subsection, if made more than one year after final occupancy is approved by the Chief Building Inspector. 3. In all attached structures, approved four-hour masonry, area separation walls with parapets 30 inches above the roof line and without openings or penetrations may be substituted for the required sprinkler system. The Fire Chief may prescribe additional regulations relative to sprinkler systems or separation walls. Any opening in or penetration of separation walls shall be conclusively presumed to be a fire hazard and subject to abatement under Article 2. Ord. 1656 NCS 4 of 7 E. Section 78.102B of the Uniform Fire Code is hereby amended to read as follows: 78.102B -Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the Fire Chief shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a public agency, fair association, amusement park, other organization or for the use of fireworks by artisans in pursuit of their trade. Every such use of display shall be handled by a competent operator approved 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 . Safe and Sane Fireworks. During the period beginning 12:00 noon June 28th and ending 12:00 noon on July 6 fireworks classified by the California State Fire Marshal as "safe and Sane" fireworks may be sold, possessed and discharged. Sale, possession and discharge, during this period shall be in compliance with all other applicable state and local regulations. F. Section 10.301F is hereby added to the Uniform Fire Code to read as follows 10.301F. Occupancies which maintain, process or use hazardous chemicals or materials shall provide all specialized fire protection supplies, equipment and materials needed for the containment and abatement of any emergency situation involving their hazardous materials as directed by the Fire Chief . These occupancies shall make available to the Fire Department at all times a chemical or materials consultant familiar with their types of hazards. G. Section 47.106 of the Uniform Fire Code is hereby amended to read as follows: 47.106. Where a flammable or poisonous gas or substance is used for fumigation, the permittee shall be required to have 24-hour supervision from the time the premises have been fumigated until all ventilation work has been completed (approved gas type vaults or tanks are excepted from this requirement) . H . Section 11.101 of the Uniform Fire Code is hereby amended to read as follows A. Open burning prohibited. Open burning within the corporate limits of the City of Petaluma, including incinerators, is prohibited, except for burning in units which comply with the Bay Area Air Quality Management District's standards. Ord. 1656 NCS 5 of 7 B. Barbecues are exempted. The above restriction shall not apply to barbecues provided the barbecue shall not be used for burning rubbish, papers, boxes, grass, brush, or any other combustible materials, except charcoal, natural gas or other materials commonly used in barbecues for cooking purpose s . 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 District'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 atmospheric conditions or local circumstances make such fires hazardous. I. Sections 11.106A and B of the Uniform Fire Code are hereby deleted. 17.20.080. Appeals. Whenever the Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the application may appeal from the decision of the Chief to the Board of Appeals, which is designated to be the Board of Building Review as heretofore established and appointed according to Chapter 17.08 of this code, within thirty days from the date of the decision 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 materials, processes or occupancies which may require permits . The City Manager, the Chief and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in the code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 3. Pursuant to Health and Safety Code Section 17958.7 the following findings are hereby made in connection with the adoption of residential revisions to the Uniform Fire Code. Ord. 1656 NCS 6 of 7 -~ r A. The City of Petaluma desires to maintain a minimal on-duty fire supp ression force. B . The City of Petaluma desires to maintain an adequate on-duty fire supp ression force at a reasonable City cost. C . Part of the fire protection cost must be shared by the building owners with built-in fire protection, if these goals are to be achieved. D. The City of Petaluma desires to achieve initial fire response and fire flow capacity of 1, 500 gallons per minute. E. The passage of Articles XIIIA and XIIIB of the California Constitution has severely limited the potential of the City of Petaluma to provide increased fire protection services, due to limited means of future funding. Built-in fire early-warning and protection facilities will assist in mitigating the potential short fall in such increased services. Section 4. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions 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 unconstitutional or invalid. Section 5. The City Clerk is hereby directed to post/16~l~slM this ordinance for the period and in the manner required by the City Charter." INTRODUCED and ordered posted/~~1~~M~~ this 23rd day of June, 1986. ADOPTED this 7th day of July 1986 by the following vote: AYES NOES: Davis, Sobel, Woolsey, Cavanagh, Balshaw, Mayor Mattei None i V. M. Tencer, ABSENT: None Attest: C Clerk (ord2-Ord 1656) Ord. 1656 NCS 7 of 7