HomeMy WebLinkAboutCC ORD 1980-1718 Adds §§ 15.28.865 and 15.28.085; amends §§ 15.28.002, 15.28.010, 15.28.040, 15.28.050, 15.28.060, 15.28.070, 15.28.080 and 15.28.090; repeals Ord. 1591; fire code (Repealed by 1832)ORDINANCE NO. 1718
AN ORDINANCE OF THE CITY OF NATIONAL CITY,
CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE
1979 EDITION AND THE APPENDIX THERETO, PRE-
SCRIBING REGULATIONS GOVERNING CONDITIONS
HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND
EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE
PREVENTION AND PROVIDING OFFICERS THEREFORE AND
DEFINING THEIR DUTIES AND POWERS, AND REPEAL-
ING ORDINANCE NO. 1591 AND ALL OTHER
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
THEREWITH.
The City Council of the City of National City
does ordain as follows:
SECTION 1. Ordinance No. 1591 of the City
of National City and all other ordinances and parts of
ordinances in conflict with this ordinance are hereby
repealed and thereby are added to the Municipal Code
Section 15.28.002 to read as follows:
Section 15.28.002. FINDINGS AND DECLARATIONS.
The City Council of the City of National City, does
hereby specifically and expressly find and declare
that the nature and uniqueness of the climate,
terrain, location, environment and rate of popula-
tion growth in the City of National City does,
necessitate and demand specific changes in, and
variations from the Uniform Fire Code, 1979 Edition,
which are noted in and made part of this ordinance.
SECTION 2. Section 15.28.010 of the National
City Municipal Code is hereby amended as follows:
There is hereby adopted by the City Council
of the City of National City for the purpose of pre-
scribing regulations governing conditions hazardous to
life and property from fire or explosion and establish-
ing a bureau of Fire Prevention and providing officers
thereforand defining their powers and duties, that
certain code known as the Uniform Fire Code and the
appendix thereto, published by the International
Conference of Building Officials and th.e Western Fire
Chief's Association, being particularly the 1979
Edition thereof and the whole thereof, save and
except such portions as are herein after deleted,
modified or amended, of which code not less than
three (3) copies have been and are now filed in the
Office of the City Clerk of the City of National City
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 effect, the
provision thereof shall be controlling within the limits
of the City of National City.
SECTION 3. 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 in the City of National City which is
hereby established and which shall be operated
under the supervision of the Chief of the Fire
Department.
B. The Fire Marshal in charge of the Bureau
of Fire Prevention shall be appointed by the
Chief of the Fire Department of the City of
National City. His appointment shall continue
during good behavior and satisfactory service.
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 Council of the City of National City
the employment of technical inspectors, who, when
such authorization is made, shall be selected
through an examination to determine their fitness
for the position. The examination shall be open
to members and nonmembers of the Fire Department
and appointments made after examination shall be
for an indefinite term with removal only for cause.
SECTION 4. Definitions.
A. Wherever the word "jurisdiction" is used
in the Uniform Fire Code, it shall be held to
mean the City of National City.
B. Wherever the term "Corporation Council"
is used in the Uniform Fire Code, it shall be
held to mean the City Attorney for the City of
National City.
C. Wherever the words "Chief of the Bureau
of Fire Prevention" are used in the Uniform Fire
Code, they shall be held to mean the Fire Marshal
of the City of National City.
SECTION 5. Section 15.28.040 of the Municipal
Code is hereby amended to read as follows:
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 79.201(a)
of the Uniform Fire Code in which storage of
Classes I and II liquids in above ground tanks
outside of buildings is prohibited, are hereby
established as follows: All areas within the City
limits of National City.
B. The limits referred to in Section 79.601
of the Uniform Fire Code, in which new bulk plants
for flammable or combustible liquids are prohibited,
are hereby established as follows: All areas within
the City limits of National City except for M M,
Manufacturing Medium, M H, Manufacturing Heavy,
M T, Manufacturing Tidelands as established by the
National City Land Use Code.
SECTION 6. Section 15.28.050 of the Municipal
Code is hereby amended to read as follows:
Establishment of limits in which bulk storage
of liquified petroleum gases is to be restricted.
The limits referred to in Section 82.105(a)
of the Uniform Fire Code, in which bulk storage of
liquified petroleum gases is to be restricted, are
hereby established as follows: All areas within the
City limits of National City, except M M, Manufacturing
Medium, M H, Manufacturing Heavy, M T, Manufacturing
Tidelands, as established by the National City Land
Use Code.
SECTION 7. Section 15.28.060 of the
Municipal Code is hereby amended to read as follows:
Establishment of limits of districts in
which storage of explosives and blasting agents is to
be prohibited.
The limits referred to in Section 77.106(b)
of the Uniform Fire Code, in which storage of explosives
and blasting agents is prohibited, are hereby established
as follows: All areas within the City limits of
National City.
SECTION 8. Amendments made in the Uniform
Fire Code Section 15.28.065 is hereby added to the
Municipal Code and the first paragraph of Section
10.301(c) of the Uniform Fire Code is hereby amended
to read as follows: An approved water supply capable
of supplying required fire flow for fire protection
shall be provided to all premises upon which build-
ings or portions of buildings are hereafter constructed.
When any portion of the building protected is in excess
of 150 feet from a water supply on a public street, there
shall be provided, on -site fire hydrants and mains
capable of supplying the required fire flow.
Section 15.28.070 of the Municipal Code and
Section 10.037 of the Uniform Fire Code are hereby
amended as follows: Section 10.307 is deleted in
its entirety and the following new Section 10.307 is
hereby added:
FIRE ALARM SYSTEMS
Section 10.307(a). Every apartment house three
or more stories in height or containing more
than 15 apartments, every hotel three or more
stories in height or containing 20 or more guest
rooms shall have installed therein an approved
automatic or manually operated fire alarm system.
Such fire alarm systems shall be so designed that
all occupants of the building may be warned simul-
taneously and shall be in accordance with
Section E740-3(d), Part 3, Title 24, California
Administrative Code.
(b) Installation: The installation of all
fire alarm equipment shall be in accordance with
Section E740-19, Part 3, Title 24, California
Administrative Code and standards set forth in
NFPA, No. 72-A.
(c) Approval: All fire alarm systems and
equipment installed under these provisions shall
be approved by the State Fire Marshal's Office.
Section 15.28.080 of the Municipal Code and
Section 79.703(b) of the Uniform Fire Code is hereby
amended as follows: The following is hereby added
to paragraph 2 of Section 79.703(b) after the
words "automatic closing type" without a hold
open device.
Section 15.28.085 add to the Municipal Code
and amend Section 79.215(b) of the Uniform Fire
Code as follows: Underground tanks shall be tested
for tightness hydrostatically, or with nitrogen
at no less than 3 pounds per square inch and not
more than 5 pounds per square inch for 30 minutes.
When testing tanks with nitrogen, tank shall be
filled with water or product to within 300 gallons
of vapor space.
Section 15.28.090 of the Municipal Code and
Section 11.112 of the Uniform Fire Code is hereby
amended as follows: The following is hereby
added as paragraph (c) of Section 11.112:
(c) All outdoor burning and incinerator
burning shall be done in compliance with the Rules
and Regulations of the San Diego County Air
Pollution Control District.
Section 9. Modifications
The Chief of the Fire Prevention Bureau shall
have the power to modify any of the provisions of
the Uniform Fire Code upon application in writing
by the owner or leasee, or his duly authorized
agent, when there are practical difficulties in
the way of carrying out the strict letter of the
code, provided that the spirit of the code shall
be observed and substantial justice done. The
particulars of such modifications when granted or
allowed and the decisions of the Chief of the
Bureau of Fire Prevention thereon shall be
entered upon the records of the Department and
a signed copy shall be furnished the applicant.
SECTION 10: Board of Appeals.
Section 2.302 of the Uniform Fire Code is
hereby amended as follows: The Advisory and
Appeals Board established by City Ordinance No.
1189 shall determine the suitability of alternate
materials and methods of construction; provide
reasonable interpretations of the provisions of
the code; and shall recommend to the City Council
such new legislation as is consistent therewith.
The decisions of the Fire Chief and/or the
Fire Marshal in interpreting the provisions of this
code; the refusal to issue any permit required by
the code; and any action in issuing correction
notice or notice to abate a public nus,ance or
fire hazard may be appealed to the. Advisory and
Appeals Board. All suchappeals shs;ll be made
in accordancewith, procedures set forth_ in
Section 7 of th.e City Ordinance No. 1189..
SECTION 11. New Materials, Processes, or
Occupancies which may require. permits,
The City Manager, the Chief of the Fire
Department and the Chief of the Bureau of Fire Prevention
shall act as a committee to determi.neand specify, after
giving effected 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 suchlist in a conspicuous place in his
office and distribute copies thereof to interested
parties.
SECTION 12. Penalties.
Ca) Any person who shall violate any of the
provisions of the Uniform Fire Code hereby adopted
or fail to comply therewith or who shall violate
or fail to comply with any order made thereunder,
or who shall build in violation of any detailed
statement of specifications or plans submitted
and approved thereunder, or any certificate or
permit issued thereunder, and from which no appeal
has been taken, or who shall fail to comply with
such an order as affirmed or modified by the City
Council or by a Court of Competent jurisdiction,
within the time fixed herein, shall severally
for each and every such violation and noncompliance
respectively, be guilty of an infraction. The
imposition of one penalty for any violation shall
not excuse the violation or permit it to continue;
and all such persons shall be required to correct
or remedy such violations or defects within a
reasonable time; and when not otherwise specified,
each ten days that prohibited conditions are
maintained shall constitute a separate offense.
(b) Fines shall be in accordance with City
Ordinance No. 1621.
(c) The application of above penalty shall
not be held to prevent the enforced removal of
prohibited conditions.
SECTION 13. Severability.
If any section, sub -section, sentence, clause,
phrase or portion of the Ordinance is for any reason
held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction,
such decision shall not effect the validity of the
remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted
this code and each section, sub -section, sentence,
clause, phrase, or portion thereof irrespective
of the fact that any one or more sections, sub-
sections, clauses, phrases or portions be declared
invalid or unconstitutional.
SECTION 14. Effective Date.
This ordinance shall take effect and be in
force from and after its approval as required by
law.
PASSED AND ADOPTED this 6th day of May, 1980.
ATTEST:
CITY CLERK
Passed and adopted by the Council of the City of National City, California,
on May 6, 1980 by the following vote, to -wit:
Ayes: Councilmen
Nays: Councilmen NQne,
Absent: Councilmen No ne
Abstain: Councilmen None.
AUTHENTICATED BY:
caroAcho4. Van i?ev.eat.e } Water.s.,...Morgan.
KILE MORGAN
Mayor of the City of National City, California
CAM PBIL,J,,,
City Clerk of thCity of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted
until seven calendar days had elapsed between the day of its introduction
and the day of its final passage, to wit, on April 22, 1980
and on May.9.ao
I FURTHER CERTIFY THAT said ordinance was read in full prior to its
final passage or that the reading of said ordinance in full was dispensed
with by a vote of not less than a majority of the members elected to the
Council, and that there was available for the consideration of each mem-
ber of the Council and the public prior to the day of its passage a written
or printed copy of said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and cor-
rect copy of ORDINANCE NO...J..7M.. of the City of National City, passed
and adopted by the Council of said City on
(Seal)
By:
May 6,1980
City C rk of the City of National City, California
Deputy