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HomeMy WebLinkAboutCC ORD 1999-2165 Amends Ch. 15.28, California Fire Code; repeals Ord. 2118 (repealed by 2211)ORDINANCE NO.99 - 2165 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTING THE CALIFORNIA FIRE CODE, 1998 EDITION, AND THE UNIFORM FIRE CODE, 1997 EDITION, VOLUMES I AND II, AND APPENDICES THERETO, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A COMMUNITY RISK MANAGEMENT GROUP AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS AND DUTIES; REPEALING ORDINANCE NO. 96-2118 AND ALL OTHER ORDINANCES AND PARTS OF THE ORDINANCE IN CONFLICT THEREWITH; AND AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE. BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. The City Council of the City of National City hereby adopts the Uniform Fire Code, 1997 Edition, Volumes I and II, and the California Fire Code, 1998 Edition, the Appendices thereto together with the amendments set forth in Section 3 of this ordinance as the fire code for this city. Section 2. The City Council fmds that the amendments being made in this Chapter 15.28 are reasonably necessary because of local climatic geological or topographical conditions: namely, that the age of structures, separation and density create an increased risk of conflagration meriting more stringent standards. A copy of this ordinance shall be therefore filed with the Office of the State Fire Marshal and the State Building Standards Commission. This action is taken pursuant to Health and Safety Code Sections 17958.7 and 18941.5. Section 3. Ordinance No. 96-2118 of the City of National City and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and chapter 15.28 of the National City Municipal Code is thereby amended to read as follows: Sections: 15.28.002 15.28.010 CHAPTER 15.28 CALIFORNIA FIRE CODE Findings and declarations Uniform Fire Code, 1997 Edition, and the California Fire Code, 1998 Edition adopted 15.28.020 Establishment & Duties of Community Risk Management Group 15.28.030 Definitions 15.28.040 Section 7904.4 "Establishment of Limits for Flammable Liquid Storage" --amended 15.28.050 Section 8204.2 "Establishment of Limits for Bulk Storage of LPG" -- amended 15.28.060 Article 77 "Establishment of Limits for Storage of Explosives and Blasting Agents" --amended 15.28.070 Section 5204.5.2 "Establishment of Limits for Storage of Compressed Natural Gas" --amended 15.28.075 Amendments made to Uniform Fire Code and the California Fire Code 15.28.080 Section 101.3 "Subjects Not Specifically Regulated by This Code" -- amended 15.28.085 Section 1102.3.1 "Open Burning" --amended 15.28.090 Section 1102.4.1 "Recreational Fires" --amended 15.28.100 Section 1212.3 "Graphic" --amended 15.28.110 Section 7902.2.2.1 "Locations Where Aboveground Tanks are Prohibited" --amended 15.28.120 Section 7904.2.5.4.2 "Locations for Aboveground Tanks on Farms and Construction Sites" --amended 15.28.130 Section 8107.1 "Storage of Empty Wooden or Plastic Pallets" -- supplemented 15.28.140 Appeals 15.28.150 New materials, processes or occupancies which may require permits. 15.28.160 Penalties 15.28.170 Repeal of conflicting ordinances 15.28.180 Validity and severability 15.28.190 Date of effect 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 local climate, geographical and topographical conditions in the City of National City does reasonably necessitate and demand specific changes in, and variations from the Uniform Fire Code, 1997 Edition, and the California Fire Code, 1998 Edition, which are noted in and made part of this ordinance as authorized by Health and Safety Code Section 17958.7 and 18941.5. These conditions result from the age and concentration of structures and the increased risk of conflagration spread as a result. 15.28.010 Uniform Fire Code, 1997 Edition, and California Fire Code, 1998 Edition adopted. There is hereby adopted by the City Council of the City of National City for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion and establishing a Community Risk Management Group a certain code known as the Uniform Fire Code, 1997 Edition, volumes I and II, and California Fire Code, 1998 Edition, the appendices thereto, published by the International Fire Code Institute, and the whole thereof, save and except such portions as are hereinafter deleted, 2 Fire Code Ordinance modified, or amended. Within this Chapter 15.28, those codes may be collectively referred to as the California Fire Code. One (1) copy of this adopted code is on file in the Office of the Fire Chief of the City of National City. The code is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, shall be controlling within the limits of the City of National City. 15.28.020 Establishment and duties of Community Risk Management Group. A. The California Fire Code shall be enforced by the Community Risk Management Group in the Fire Department in the City of National City which is hereby established and shall be operated under the supervision of the Chief of the Fire Department. B. The Battalion Chief/Fire Marshal in charge of the Community Risk Management Group shall be appointed by the Chief of the Fire Department of the City of National City. C. The Chief of the Fire Department may detail 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 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 same position. 15.28.030 Definitions. A. The word "jurisdiction" used in the California Fire Code shall mean the City of National City. B. Whenever the words "Chief of the Bureau of Fire Prevention" are used in the California Fire Code they shall be held to mean the Fire Marshal of the City of National City. C. Where reference to the Uniform Building Code (or Building Code), or any Nationally Recognized Standard is made, it shall mean the currently adopted edition. 15.28.040 Section 7904.4 "Establishment of Limits for Flammable Liquid Storage" --amended. Section 7904.4 of the California Fire Code is amended to read: 7904.4. Establishment of Limits for Flammable Liquid Storage. The limits referred to in Article 79 of the California Fire Code, Section 7904; Bulk Plants or Terminals, 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 the following zones as established by the National City Land Use Code: MM, (Manufacturing Medium), MH, (Manufacturing Heavy), and MT, (Manufacturing Tidelands). 15.28.050 Section 8204.2 "Establishment of Limits for Bulk Storage of LPG" -- amended. Section 8204.2 of the California Fire Code is amended to read: 8204.2. Establishment of Limits for Bulk Storage of LPG. The limits referred to in Section 8204.2 of the California Fire Code, in which bulk storage of liquefied petroleum gases exceeding specified quantities is to be restricted, are hereby established as follows: 3 Fire Code Ordinance All areas within the City limits of National City, except for the following zones as established by the National City Land Use Code: MM, (Manufacturing Medium), MH, (Manufacturing Heavy), MT, (Manufacturing Tidelands). 15.28.060 Article 77 "Establishment of Limits for Storage of Explosives and Blasting Agents" --amended. Article 77 of the California Fire Code is amended to read: Article 77. Establishment of Limits for Storage of Explosives and Blasting Agents. Pursuant to the authority in Article 77 of the California Fire Code, the storage of explosives and blasting agents is prohibited in all areas within the City limits of National City. 15.28.070 Section 5204.5.2 "Establishment of Limits for Storage of Compressed Natural Gas" --amended. Section 5204.5.2 of the California Fire Code is amended to read: 5204.5.2. Establishment of Limits for Storage of Compressed Natural Gas. Pursuant to the authority in Section 5204.5.2 of the California Fire Code, the storage of compressed natural gas is prohibited in all areas within the City limits of National City, except within the following zones as established by the National City Land Use Code: MM, (Manufacturing Medium), MH, (Manufacturing Heavy), MT, (Manufacturing Tidelands). 15.28.075 Amendments made to the Uniform Fire Code and the California Fire Code. The geographical density of the City of National City and the dry southern California climate, which is subject to annual drought conditions, make the following amendments set out in Sections 15.28.080 through 15.28.130 necessary and meet the conditions described in Section 15.28.002; Findings and Declarations. 15.28.080 Section 101.3 "Subjects Not Specifically Regulated by This Code" -- amended. Section 101.3 of the California Fire Code is amended to read: 101.3. Subjects Not Specifically Regulated by This Code. Where no applicable standards or requirements are set forth in this code, or contained within other laws, codes, regulation, ordinances or bylaws adopted by the jurisdiction, compliance with the applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards in their most current edition as are approved shall be deemed to be prima facie evidence of compliance with the intent of this code. See also California Fire Code Section 9001.2 Nothing herein shall derogate from the power of the Chief of the Fire Department to determine compliance with codes or standards for those activities or installations within the Chiefs jurisdiction or responsibility. 4 Fire Code Ordinance 15.28.085 Section 1102.3.1 "Open Burning" --amended. Section 1102.3.1 of the California Fire Code is amended in its entirety to read: 1102.3.1. Open Burning. Open burning is strictly prohibited within the City limits, except when approved by the Chief for Fire Department training and demonstrations. 15.28.090 Section 1102.4.1 "Recreational Fires" --amended. Section 1102.4.1 of the California Fire Code is amended in its entirety to read: 1102.4.1. Recreational Fires. Recreational Fires are strictly prohibited within the City limits. 15.28.100 Section 1212.3 "Graphics" --amended. Section 1212.3 of the California Fire Code is amended to read: 1212.3. Graphics. The color and design of lettering, arrows and other symbols on exit signs shall be green in color and in high contrast with their background. Exit signs shall have the word "EXIT" on the sign in block capital letters not less than 6 inches (152 mm) in height with a stroke of not less than 34 inch (19 mm). The word "EXIT" shall have letters having a width of not less than 2 inches (51 mm), except for the letter "I", and a minimum spacing between letters of not less than 3/8 inch (9.5 mm). Signs with lettering larger than the minimum dimensions established herein shall have the letter width, stroke and spacing in proportion to their height. 15.28.110 Section 7902.2.2.1 "Locations Where Aboveground Tanks are Prohibited" --amended. Section 7902.2.2.1 of the California Fire Code is amended to read: 7902.2.2.1. Locations Where Above Ground Tanks are Prohibited. General - Storage of Class I, II and III -A liquids in aboveground storage tanks outside of buildings is prohibited within the City limits, except as follows: EXCEPTION: With the approval of the Fire Chief, Class I, II and III -A liquids may be stored above ground outside of buildings in specially designed, approved and listed containers with a minimum two-hour fire resistance, which have features incorporated into their design which mitigate concerns for exposure to heat, ignition sources and mechanical damage and leakage. Containers must be installed and used in accordance with manufacturer UL or FM listing and provisions must be made for leak and spill containment. Storage in such tanks on any site shall not exceed the limits established in appendix II-F. The Chief of the Fire Department may disapprove the installation of such containers when in his opinion, their use presents a risk to life or property. Storage is prohibited within 100 feet of any residential or institutional structure. 5 Fire Code Ordinance 15.28.120 Section 7904.2.5.4.2 "Locations for Aboveground Tanks on Farms and Construction Sites" --amended. Section 7904.2.5.4.2 of the California Fire Code is amended to read: 7904.2.5.4.2. Locations Where Aboveground Tanks are Prohibited. The storage of Class I, II and III -A liquids in aboveground tanks is prohibited within the City limits, except as follows: EXCEPTION: With the approval of the Fire Chief, Class I, II and III -A liquids may be stored aboveground outside of buildings in specially designed, approved and listed containers with a minimum two-hour fire resistance which have features incorporated into their design which mitigate concerns for exposure to heat ignition sources and mechanical damage and leakage. Containers must be installed and used in accordance with their manufacturer UL or FM listing, and provisions must be made for leak and spill containment. Storage in such tanks on any site shall not exceed the limits established in Appendix II-F. The Chief of the Fire Department may disapprove the installation of such containers when in his/her opinion, their use presents a risk to life or property. Storage is prohibited within 100 feet of any residential or institutional structure. 15.28.130 Section 8107.1 "Storage of Empty Wooden or Plastic Pallets -- supplemented. Section 8107.1 of the California Fire Code is supplemented by adding the following: 8107.1. Storage of Empty Wooden or Plastic Pallets. The storage of empty wooden or plastic pallets is prohibited, except as follows: 1. Outdoor Storage. Pallets may be stored outside of a building or in a detached building. Pallets shall not be stacked closer than 5 feet from any building. 2. Indoor Storage. Pallets shall not be stored indoors unless the premises are protected with an automatic fire sprinkler system in accordance with NFPA Standard 231, Table 4-4.1.2, except when both of the following conditions are met: a. Pallets are stored no higher than 6 feet. b. Each pallet pile of no more than 4 stacks shall be separated from other pallet piles by at least 8 feet of clear space and 25 feet from any other commodity. 15.28.140 Appeals. Whenever the Chief of the Fire Department or his/her duly authorized representative disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision to the Advisory and Appeals Board within 30 days from the date of the decision. 6 Fire Code Ordinance 15.28.150 New materials, processes or occupancies which may require permits. The Building and Safety Director, the Chief of the Fire Department and the Fire Marshal shall act as a committee to determine and 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 Fire Marshal shall post such list in a conspicuous place in his/her office and distribute copies thereof to interested parties. 15.28.160 Penalties. Any person who shall violate any of the provisions of the California Fire Code hereby adopted or any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved is guilty of a misdemeanor. 15.28.170 Repeal of conflicting ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed. 15.28.180 Validity and severability. The City Council of the City of National City hereby declares that should any section or portion of this ordinance or of the Code or Standards hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of National City that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. It is further the intent of the City council that if any portion declared invalid can be severed from the remainder, or be construed in such a manner as to give valid meaning and effect to the remaining portions, then it may be so severed or construed so as to carry out the purpose and intent of this code. 15.28.190 Date of effect. This ordinance shall take effect and be in force from and after its approval as required by law. Section 4. Following its adoption, the City Clerk shall transmit a certified copy of this ordinance to the California State Building Standards Commission and the State Fire Marshal for filing in accordance with Health and Safety Code Sections 17958.7 and 18941.5. Signature Page to follow 7 Fire Code Ordinance PASSED and ADOPTED this 25th day of May , 1999. ATTEST: Michael Dalla, l ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney By: udolf Hradecky nior Assistant City Attorney George H. aters, Mayor 8 Fire Code Ordinance Passed and adopted by the Council of the City of National City, California, on May 25, 1999, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Soto, Waters. Nays: None. Absent: Councilmember Beauchamp. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California 1 CityLClerk of the C. 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 May 11, 1999, and on May 25, 1999. 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 member 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 correct copy of ORDINANCE NO. 99-2165 of the City Council of the City of National City, passed and adopted by the Council of said City on May 25, 1999. City Clerk of the City of National City, California By: Deputy