HomeMy WebLinkAboutOrdinance 1360 N.C.S. 05/03/1979PLK:mv 4-30-79
MAY 3 1979
ORDINANCE NO. 1360 N.C.S.
INTRODUCED BY COUNCILMAN
G. ROLAND BOND
SECONDED BY COUNCILMAN
WILLIAM A. PERRY, JR.
AN ORDINANCE AMENDING CHAPTER 17.20 OF THE PETALUMA
MUNICIPAL CODE AND THE FIRE CODE ADOPTED THEREUNDER,
TO PROVIDE SPECIAL FIRE PROTECTION REGULATIONS, AND
TO PROVIDE FOR REVISIONS TO ORGANIZATION STRUCTURE
IN THE FIRE PROTECTION BUREAU
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS:
Section 1. Section 17.20.020(B) of the Petaluma Municipal Code is
hereby amended to read as follows:
"17. 20.020(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."
Section 2. Section 17.20.070 of the Petaluma Municipal Code is
hereby amended to read as follows:
111 7 _ in_ n7f1_ Amanamantc to tho Hni form Fi ro rnA.
A. Section 1.301 of the Uniform Fire Code 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 underground 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 (10�.) per head, valve, outlet 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 (10�) per head, bell, buzzer,
light, alarm switch or device.
4. All applicants for a permit for the installation of
special fire protection systems shall pay an inspec-
tion fee of $10.00 for each hour of inspection time
required, with a minimum inspection fee of $10.00.
-1-
ORD 1360 NCS
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5. For each and every other permit required to be
obtained under this code, the applicant 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 13.208(A) of the Uniform Fire Code is hereby amended
to read as follows:
"13.208(A). 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 13.307(A) is hereby amended and changed to read as
follows :
"13.307(A). Every apartment house and hotel, constructed or
remodeled 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."
D. Section 13.308(A) of the Uniform Fire Code is hereby amended
to read as follows:
"13.308(A). Fire extinguishing systems.
-2-
ORD 1360 NCS
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1. Automatic sprinkler systems shall be installed
throughout all new non-residential buildings
10,000 or more square feet in area or four
stories in height and in all new buildings that
will house a non-residential occupancy which in
the opinion of the Fire Chief, may create a sub-
stantial threat to life or property. Such systems
will be installed in accordance with N.F.P.A.
Pamphlet No. 13* and will be supervised by an
automatic transmission of an alarm to the Petaluma
Fire Department or an approved central receiving
station. It shall not be the intent of,this
requirement to reduce the more restrictive require-
ments of Chapter 38 of the 1976 Uniform Building
Code.
2. Area separation walls shall not be substituted for
the required sprinkler system. The Fire Chief may
prescribe additional regulations relative to sprinkler
systems."
(*) National Fire Protection Association.
E. Section 12.102(B) of the Uniform Fire Code is hereby amended
to read as follows:
"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 Fire Chief shall have power to
adopt reasonable rules and regulations for the granting of
permits for supervised public displays of fireworks 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 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.
-3-
ORD 1360 NCS
PLK:mv 4-30-79
Safe and Sane Fireworks. During the period beginning
12:00 noon June 28th and ending 12:00 noon on July 6th fire-
works 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 13.301(F) is hereby added to the Uniform Fire Code to
read as follows:
"13.301(F) 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 17.106 of the Uniform Fire Code is hereby amended to
read as follows:
"17.106 Where a flammable or poisonous gas or substance giving rise
to a flammable gas is used for fumigation, the employer 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 27.101 of the Uniform Fire Code is hereby amended to
read as follows:
"27.101(A). Open burning prohibited. Open burning within
the corporate limits of the City of Petaluma, including incin-
erators, is prohibited, except for burning in units which
comply with the Bay Area Air Pollution Control District's
standards.
ORD 1360 NCS
PLK:mv 4-30-79
(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 purposes.
(C) Commercial industrial burning. The Fire Department may
issue permits for commercial or industrial burning of combustible
waste material, orchard prunings, or standing vegetation dur-
ing hours specified by the Fire Department when in accordance
with the Bay Area Air Pollution Control 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 recrea-
tional 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 27.106(A) and (B) of the Uniform Fire Code are hereby
deleted.
J. Section 27.201 of the Uniform Fire Code is hereby amended by
adding thereto subsection (D) to read as follows:
"27.201(D) Removal of debris after fire. All rubble, waste
rubbish and other material lying upon any premises within
this city, having been accululated 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 Chief or his
authorized representative."
SECTION 3. This ordinance, and the amendments herein, are hereby
found to be necessary based upon the following findings, which are
hereby adopted: -
-5-
ORD 1360 NCS
PLK:mv 4-30-79
1. The City of Petaluma desires to maintain a minimal on -duty
fire suppression force.
2. The City of Petaluma desires to maintain an adequate on -duty
fire suppression force at a reasonable city cost.
3. Part of the fire protection cost is to be shared by the building
owners with built-in fire protection.
4. The City of Petaluma desires to achieve initial fire response
and fire flow capacity of 1,500 gallons per minute.
5. The passage of Article XIIIA 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 and 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
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 unconsti-
tutional.
SECTION 5. The City Clerk is hereby directed to publish this
ordinance for the period and in the manner required by the City Charter.
INTRODUCED AND ORDERED PUBLISHED this 16th day of April, 1979.
ADOPTED this 7t]4ay of May , 1979, by the following vote:
AYES:
NOES:
Councilmen Balshaw, Bond, Harberson, Perry and Mayor
Councilmen Cavanagh and Daly
ABSENT: None
Mayor
At t t :
City Clerk
o8o
ORD 1360 NCS
COPY TO:
CERTIFICATION OF PUBLICATION IN
Petaluma arguo=Courie r
(Published Daily except Sundays)
IN THE
SUPERIOR COURT
OF THE
STATE OF CALIFORNIA
In and For the County of Sonoma
DECLARATION
I am a citizen of the United States, over the age of
eighteen years and a resident of said county and was at
all said times the principal clerk of the printer and pub-
lisher of The Petaluma Argus-Courier, a newspaper of
general circulation, printed and published daily in the
City of Petaluma, in said County of Sonoma, State of
California; that The Petaluma Argus-Courier is and was
at all times herein mentioned, a newspaper of general
circulation as that term is defined by Section 6000 of
the Government Code; its status as such newspaper of
general circulation having been established by Court De-
cree No. 35518 of the Superior Court of the State of Cali-
fornia, in and for the County of Sonoma, Department
i`io. 1 thereof; and as provided by said Section 6000, is
published for the dissemination of local and telegraphic
news and intelligence of a general character, having a
bona fide subscription list of paying subscribers, and is
not devoted to the interests, or published for the enter-
tainment or instruction of a particular class, profession,
trade, calling, race or denomina'ion, or for the entertain-
ment and instruction of such classes, professions, trades,
callings, races or denominations; that at all said times
said newspaper had been established, printed and pub-
lished in the said City of Petaluma, in said County and
State at regular intervals for more than one year pre-
ceding the first publication of this notice herein men-
tioned; that said notice was set in type not smaller than
nonpareil and was preceded with words printed in black
face type not smaller than nonpareil, describing and ex-
pressing in general terms, the purport and character
of the notice intended to be given; that the
Ordinange No. IAbO N.C.'
3.
......_....
of which the annexed is a printed copy, was published and
printed in said newspaper at least
consecutive .... ��2.............. commencing on the .....:.'t
day of .... 1 —7 and ending on the ................
day of ....... 19 ' to -wit
_....�....................•� ......1-A 1��9......
I CERTIFY (OR DECLARE) UNDER PENALTY OF
PERJURY that the foregoing is true and correct.
DATED this .... ti.. day of .......'. T................... 19._.._.._ ..,
at Petaluma, California
Signed ........I .................
A rM H e 1 M t C k Chief Clerk
12:00 noon on July6th fireworkds
V
classified by the California State
Fire Marshal as 'Safe and Sane'
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Ordinance No N.C.S.
INTRODU EDBY
COUNCILMAN
G. ROLAND BOND
SECONDEDBY
`COUNCILMAN -
WILLIAMA. PERRY,JR.
A N O R D I N A N C E
AMENDING CHAPTER 17.20
OF THE PETALUM
UNICIPAL CODE AND TH
E ADOPTED
THEREUNDER, TO PROVIDE
SPECIAL FIRE PROTECTION
REGULATIONS, AND TO
PROVIDE FOR REVISIONS TO
ORGANIZATION STRUCTURE
IN THE FIRE PROTECTION
BUREAU
BE IT ORDAINED BY THE
COUNCIL OF THE CITY OF
PETALUMA AS FOLLOWS:
Section I. Section 17.20.020(8)
of the Petaluma Municipal Code
is hereby amended to read as
follows:
"17.20.020(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."
Section 2. Section 17.20.070 of
the Petaluma Municipal Code is
hereby amended to read as
fol lows:
1117.20.070. Amendments to the
Uniform Fire Code.
A. Section 1.301 of the Uniform
Fire Code is hereby amended by
adding thereto subsection (c) to
add permit fees as follows:
(c) Permit fees are as
follows:
I. All applicants for a permit
for the installation of above and -
or underground flammable
liquid tanks shall paya permit
fee of $20.00 per tank.
2. All applicants for a permit
for the instaltation of a sprinkler
system shall pay a permit fee of
$10.00, plus ten cents (10 cents)
per head, valve, outlet of 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 (10 cents) per head, bell,
buzzer, light, alarrn switch or
device.
4. All applicants for a permit
for the installation of special fire
protection systems shall pay an
inspection fee of S10.00 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 applicant 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, 13.208(A) of the
Uniform Fire Code is hereby
amended to read as follows:
1113.208(A) 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
specifiSations:
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
:onditions.
3. Vertical and horizontal
curvature and turn around
radius shall be adequate to
accommodaate 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 13.307(A) is hereby
amended and changed to read as
follows:
"13.307(A) Every apartment
house and hotel, constructed or
remodeled after the effective
date of this code, shall have
installed throughout, an
approved automatic fire alarm
system, designed to warn the
-cupants of the building in the
.vent of fire. Such fire alarm
system shall be so designed that
all occupants of the building will
be warned simultaneously."
D. Section 13.309(A) of the
Uniform Fire Code is hereby
amended to read as follows:
"13.308(A) Fire extinguishing
systems.
1. Automatic sprinkler
systems shall be installed
throughout all new non-
residential buildings 10,000 or
more square feet in area or four
stories in height and in all new
buildings.that will house a non-
residential occupancy which in
the opinion of the Fire Chief,
may create a substantial threat
to life or property. Such systems
will be installed in accordance
with N.F.P.A. Pamphlet No. 134
and will be supervised by an
automatic transmission of an
alarm to the Petaluma Fire
Department 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 1976 Uniform
Building Code.
2. Area separation walls
shall not be substituted for the
required sprinkler system. The
Fire Chief may prescribe
additional regulations relative to
sprinkler systems."
(+) National Fire Protection
Association.
E. Section 12.102(B) of the
Uniform Fire Code is hereby
amended to read as follows:
"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 Fire Chief
shall have power to adopt
reasonable rules and regulations
for the granting of, permits for
supervised public displays of
fireworks 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 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 Fileiorks.
During the period beginning
12:00noon June 28th and ending
12:00 noon on July 6th fireworkds
classified by the California State
Fire Marshal as 'Safe and Sane'
fireworkds 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 13,301(F) is hereby
added to the Uniform Fire Code
to read as follows:
"13.301(F) 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 17.106 of the
Uniform Fire Code is hereby
amended to read as follows:
"17.106 Where a flammable or
poisonous gas or substance
giving rise to a flammable gas is
used for fumigation, the
employer 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 27.101 of the
Uniform Fire Code is hereby
amended to read as follows:
"27.101(A) Open burning
prohibited. Open burning within
the corporate limits of the City of
Petaluma, including
incincerators, 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 materials, except
charcoal, natural gas or other
materials commonly used in
barbecues for cooking purposes.
(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 Pollution
Control 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 27.106(A) and (Bj of
the Uniform Fire Code are
hereby deleted.
J. Section 27.201 of the
Uniform Fire Code is hereby
amended by adding thereto
subsection (D) to read as
follows:
1127.201(D) Removal of debris
after fire. All rubble, waste
rubbish and other material 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
Chief or his authorized
representative."
Section 3. This ordinance, and
the amendments herein, are
hereby found to be necessary
based upon the following
findings, which are hereby
a'ddpted :
1., The City of Petaluma
desires to maintain a minimal
on -duty fire suppression force.
2. The City of Petaluma
desires to maintain an adequate
on -duty fire suppression force at
a reasonable city cost.
3. Part of the fire protection
cost is to be shared by the
building owners with built-in fire
protection.
4. The City of Petaluma
desires to achieve initial fire
response and fire flow capacity
of 1,500 gallons per minute.
5. The passage of Article XI I IA
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 and 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 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.
Section 5. The
City Clerk is hereby directed to
publish this ordinance for the
period and in the manner
required by the City Charter.
INTRODUCED AN❑
ORDERED PUBLISHED this
16thdayof
April, 1979.
ADOPTED This day of , 1979,
by the following vote:
AYES:
NOES:
ABSENT:
Mayor
Attest:
City Clerk
May 1, 1979