HomeMy WebLinkAboutOrdinance 1326 N.C.S. 10/18/1978ORDINANCE NO. 1 2 N. C. S.
INTRODUCED BY COUNCILMAN SECONDED BY COUNCILMAN
Jack W. Cavanagh, Jr. G. Roland Bond
AN ORDINANCE ADOPTING A UNIFORM FIRE CODE AND
ESTABLISHING A BUREAU OF FIRE PREVENTION AND
PROVIDING OFFICERS THEREFOR AND DEFINING THEIR
POWERS AND DUTIES, AND AMENDING CERTAIN SECTIONS
THEREOF TO PROVIDE FOR THE ISSUANCE OF PERMITS
AND COLLECTION OF FEES, TO CONTROL OPEN BURNING,
TO REGULATE FIRE ALARM SYSTEMS IN APARTMENTS AND
HOTELS, AND REPEALING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Chapter 17.20 is hereby added to the Petaluma
Municipal Code to read as follows:
"17.20-FIRE CODE
17.20.010 - FIRE CODE ADOPTED. There is hereby adopted
by the City of Petaluma for the purpose of prescribing regula-
tions governing conditions hazardous to life and property from
fire or explosion that certain code known as the Uniform Fire
Code, 1976 Edition, recommended by the Western Fire Chiefs As-
sociation and the International Conference of Building Officials,
and the whole thereof, save and except such portions as are
hereinafter deleted, modified, or amended not less than three
(3) copies of which code have been and are now filed in the
office of the Clerk of the City of Petaluma, and the same are
hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which this ordinance shall take ef-
fect, the provision thereof shall be controlling within the limits
of the City of Petaluma.
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 in the Fire Department of the City
of Petaluma, which is hereby continued and which shall be
operated under the supervision of the Chief of the Fire De-
partment.
B. The Fire Marshal shall be appointed by the Chief
of the Fire Department on the basis of examination to de-
termine his qualifications.
C. The Chief of the Fire Department may detail such
members of the Fire Department as Inspector as shall from
time to time be necessary. The Chief of the Fire Depart-
ment shall recommend to the City Manager the employment
of technical inspectors, whose qualifications shall be
determined, and appointment made as determined by the
City Manager.
17.20.030 - DEFINITIONS.
A. Wherever the word "jurisdiction" is used in the
Uniform Fire Code, it shall be held to mean the City of
Petaluma.
B. Wherever the term "Corporation Counsel" is used
in the Uniform Fire Code, it shall be held to mean the
Attorney for the City of Petaluma.
C. Wherever the words "Chief of the Bureau of Fire
Prevention" are used they shall be held to mean "Fire
Marshal."
17.20.040 - ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH
STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS
IN OUTSIDE ABOVE -GROUND TANKS IS TO BE PRO-
PROHIBITEL.
A. The limits referred to in Section 15.201 of the
Uniform Fire Code in which storage of flammable or com-
bustible liquids in outside aboveground tanks is pro-
hibited, are hereby established as being Fire Zones 1
and 2.
B. The limits referred to in Section 15.601 of the
Uniform Fire Code, in which new bulk plants for flammable
or combustible liquids are prohibited, are hereby estab-
lished as being Fire Zone 1.
17.20.050 - ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE
OF LIQUIFIED PETROLEUM GASES IS TO BE RE-
STRICTED. The limits referred to in Section
20.105(a) of the Uniform Fire Code, which bulk storage is li-
quified gas is restricted, are hereby established as being Fire
Zone 1.
17.20.060 - ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH
STORAGE OF EXPLOSIVES AND ASTING AGENTS IS
TO BE PROHIBITED. The limits referred to in
Section 11.106(b) of the Uniform Fire Code, in which storage
of explosives and blasting agents is prohibited. are hereby
established as being Fire Zones 1 and 2.
17.20.070 - AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The
Uniform Fire Code is amended and changed in the following
respects:
A. Section 1.301 is hereby amended by adding thereto
subsection (c) to add permit fees as follows:
(c) Permit fees are as follows:
1. All applicants for a permit for the
installation of above and/or under-
ground flammable liquid tanks shall
pay a permit fee of $20.00 per tank.
2. All applicants for a permit for the
installation of a sprinkler system
shall pay a permit fee of $10.00, plus
ten cents (100) per head, valve, out-
let or alarm device.
3. All applicants for a permit for the
installation of a fire detecting system
shall pay a permit fee of $10.00, plus
ten cents (100) per head, bell, buzzer,
light, alarm switch or device.
4. All applicants for a permit for the in-
stallation of special fire protection
systems shall pay an inspection fee of
$10.00 for each hour of inspection time
required, with a minimum inspection fee
of $10.00.
5. For each and every other permit required
to be obtained under this Code, the ap-
plicant for such permit shall pay $10.00
for the first permit applied for, and
$2.50 for each additional permit required
for the same premises.
B. Section 13.307(a) is hereby amended and changed to
read as follows:
Every apartment house and hotel, constructed or re-
modeled after the effective date of this code, shall have
installed throughout, an approved automatic fire alarm system,
designed to warn the occupants of the building in the event of
fire. Such fire alarm system shall be so designed that all
occupants of the building will be warned simultaneously.
C. Section 27.101 is hereby amended to read as follows:
(a) Open burning prohibited. Open burning within
the corporate limits of the City of Petaluma, in-
cluding incinerators, is prohibited, except for
burning in units which comply with the Bay Area
Air Pollution Control District's standards.
(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 ma-
terials, except charcoal, natural gas or other ma-
terials commonly used in barbecues for cooking
purposes.
(c) Commercial industrial burning. The Fire De-
partment may issue permits for commercial or indus-
trial burning of combustible waste material, orchard
MIC
prunings, or standing vegetation during hours
specified by the Fire Department when in ac-
cordance with the Bay Area Air Pollution Con-
trol 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 fires when
atmospheric conditions or local circumstances
make such fires hazardous.
D. Section 27.106(a) and (b) are hereby,deleted.
E. Section 12.02(b) of the Uniform Fire Code is hereby
amended to read as follo�,_s:
Section 12.102(b). 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 Chief shall have
power to adopt reasonable rules and regulations for the
granting of permits for supervised public displays of fire-
works by a jurisdiction, fair associations, amusement parks,
other organizations or for the use of fireworks by artisans
in pursuit of their trade. Every such use or display shall,
be handled by a competent operator approved by the Chief,
and shall be of such character and so located, discharged or
fired as in the opinion of the Chief, after proper investi-
gation, so as not to be hazardous to property or endanger
any person.
Safe and Sane Fireworks. During the period begin-
ning 12:00 Noon June 28th and ending 12:00 None on July 6th
fireworks classified by the California State Fire Marshal
as "Safe and Sane" fireworks may be sold, possessed and dis-
charged. Sale, possession and discharge, during this period
shall be in compliance with all other applicable state and
local regulations.
F. Section 27.201 of the Uniform Fire Code is hereby
amended by additing thereto subsection (d) to read as follows:
Section 27.201(d). Removal of Debris after Fire.
All rubble, waste rubbish or other material lying upon
any premises within this city, having been accummulated
thereon by reason of a fire, and have been rendered use-
less 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 Chief or his authorized representative.
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17.20.080 - APPEALS. Whenever the Chief shall disapprove
an application or refuse to grant a permit appliE�d 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 miscon-
strued or wrongly interpreted, the applicant may appeal from
the decision of the Chief to the Board of Appeals, which is
hereby designated to be the Board of Building Review as here-
tofore established and appointed as per Section 17.08 of the
Petaluma Municipal Code, within thirty (30) days from the date
of the decision appealed. The Fire Chief shall act as Secre-
tary 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 said 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 2. The Council hereby makes the following find-
ings in relation to the Petaluma Municipal Code Section 17.20.
070B:
1. Early warning fire protection systems will serve
to protect citizens of Petaluma occupying multi -unit
residential occupancies from fires which might occur in
or near those occupancies.
2. Early warning fire protection systems will serve
to protect said citizens in one area of such occupancies
from fires which might occur in other areas over which
they have no control.
3. Early warning fire protection systems will serve
to afford the Petaluma Fire Department the advantage of
earlier notification of fires which might occur in such
occupancies, and thus permit an earlier response and ex-
tinguishment of such fires, utilizing the current number
of personnel assigned to fire suppression duties.
Section 3. Repeal of Conflicting Ordinances.
All former ordinances or parts thereof conflicting or in-
consistent with the provisions of this ordinance or of the code
hereby adopted are hereby repealed.
Section 4. Severability. The City Council of the City of
-5-
Petaluma hereby declares that should any section, subsection,
paragraph, sentence, or word of this ordinance or of the code
hereby adopted be declared for any reason to be invalid, it
is the intent of the Council of the City of Petaluma that it
would have passed all other portions of this ordinance inde-
pendent of the elimination herefrom of any such portion as
may be declared invalid.
Section 5. The City Clerk is hereby directed to post this
ordinance for the period and in the manner required by the City
Charter.
ORDERED POSTED this 5th day of September 1978.
ADOPTED this 18th day of _ September 1978, by the following
vote:
AYES: Councilmen Bond, Cavanagh, Perry and Mayor Putnam.
NOES: None.
ABSENT: Councilmen Balshaw, Harberson and Vice -Mayor Hilligoss.
Mayor
Attest:
Deputy City Clerk
I hereby certify that the within ordinance was posted in a public place in the City of Petaluma, to -wit: In the City Hall,
6tSeptember 78
onthe................Nay of ............ --......__.............-----.....__....._...._...._._.....__......__..., 19..........
I hereby certify that the whole number of members of the Council of the City of Petaluma is seven, and that the
foregoing ordinance was passed by the Council at its meeting of. ........... J.$th.... day of ........... S. E.f )ir42.mbe.r.........................
19.......l,8by the following vote, to•wit:
AYES: COUNCILMAN ....... $0r.jd..•.............. .................. COUNCILMAN:.........................................................
AYES: COUNCILMAN ....... Cavanagh ..... COUNCILMAN: ................„............._........».»... ».....................................
AYES: COUNCILMAN ....... Perry ............................................. COUNCILMAN:..........................................................
MAYOR.................... P.Ut.nam .................. .................
NOES: ........... one..._..-•..................................................................
ABSENT: .................Councilmen...Balshaw-,-.__Harberson, Vice -Mayor Hilligoss.
ATTEST: ............................. „............................................................... .........
...
(SEAL) Deputy CITY CLERK
The foregoing Ordinance Number .......... 3 2 6._.., Charter Series, having been regularly passed and presented to me
i
this ...... lath ............ day of ... ......................... 19..78.., is hereby approved by me this_......„ ....................... day