HomeMy WebLinkAboutCC ORD 2008-2303 Amends Ch. 15.28; repeals Ord. 2211, California Fire Code (15.28)ORDINANCE NO 2008 — 2303
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING
THE 2007 CALIFORNIA FIRE CODE, APPENDICES THERETO, NATIONAL FIRE
PROTECTION ASSOCIATION STANDARDS, AND THE INTERNATIONAL FIRE CODE 2006
EDITION, 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 FIRE PREVENTION BUREAU, PROVIDING
OFFICERS FOR SUCH BUREAU AND DEFINING THEIR POWERS AND DUTIES;
REPEALING ORDINANCE NO. 2002-2211 AND ALL OTHER ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT WITH THIS CHAPTER, AND
AMENDING CHAPTER 15.28 OF THE NATIONAL CITY MUNICIPAL CODE
The City Council of the City of National City does ordain as follows:
Section 1. The City Council of the City of National City hereby adopts the 2007
California Fire Code, the Appendices thereto, the International Fire Code 2006 Edition as
amended by the State of Califomia and the National Fire Protection Association Standards
(most current edition) with the amendments set forth in Section 3 of this ordinance as the fire
code for this city.
Section 2. The City Council finds 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. 2002-2211 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ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and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 hereby amended to read as follows:
CHAPTER 15.28
CALIFORNIA FIRE CODE
Sections:
15.28.002 Findings and declarations.
15.28.010 California Fire Code, 2007 Edition adopted.
15.28.020 Establishment and duties of Fire Prevention Bureau.
15.28.030 Definitions.
15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in
stationary containers is prohibited.
15.28.040 Establishment of limits of districts in which storage of Class I and II Liquids in
outside aboveground tanks is prohibited — Amended.
15.28.050 Establishment of limits in which storage of liquefied petroleum gases is
prohibited.
Ordinance No. 2008-2303
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2008 Fire Code Ordinance
15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and Blasting
Agents is to be Prohibited" — Amended.
15.28.070 Amendments made to the 2007 California Fire Code.
15.28.080 Section 101.5 "Referenced Codes" — Amended.
15.28.085 Section 307.4.1 "Bonfires" — Amended.
15.28.090 Section 307.4.2 "Recreational Fires" — Amended.
15.28.100 Section 1011.5.1 "Graphic" — Amended.
15.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" — Supplemented.
15.28.120 Section 503.2.7 "Grade" — Amended.
15.28.130 Section 503.6.1 "Security Gates" — Amended.
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 2007 California
Fire Code, 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 2007 Califomia Fire Code, 2007 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 Fire Prevention Bureau a certain code known as the 2007
California Fire Code, and the appendices thereto, published by the International Code Council
and the California Building Standards Commission, and the National Fire Protection Association
Standards (current edition) published by the National Fire Protection Association, and the whole
thereof, save and except such portions as are hereinafter deleted, added, or amended. Within
this Chapter 15.28, those codes may be collectively referred to as the Califomia 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 as 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 Fire Prevention Bureau.
A. The California Fire Code shall be enforced by the Fire Prevention Bureau 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 Fire Prevention Bureau shall be
appointed by the Chief of the Fire Department of the City of National City.
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2008 Fire Code Ordinance
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 2007 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.
D. Where the word "Administrator" is used in the California Fire Code, it shall be
held to mean the City Council of the City of National City. Whenever the term "City" is used it
shall mean the City of National City.
E. Where the term "Corporation Counsel" is used in the California Fire Code, it shall
be held to mean the City Attorney for the City of National City.
F. Fire Authority Having Jurisdiction (FAHJ) means the designated entity providing
enforcement of fire regulations as they relate to planning, construction and development. This
entity may also provide fire suppression and other emergency services.
G. Whenever the terms "This Code" and "2006 International Fire Code" are used
they shall mean the 2007 California Fire Code as modified by the City of National City with the
deletions, amendments, and additions contained in this Chapter.
15.28.035 Establishment of limits of districts in which storage of cryogenic fluids in
stationary containers is prohibited. Section 3204.3.1.1 of the 2007 California Fire Code is
amended to read as follows:
The Establishment of Limits for Storage of Flammable Cryogenic Fluids.
The storage of flammable cryogenic fluids 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; Medium Manufacturing, MH; Heavy
Manufacturing, MT; Tidelands Manufacturing.
15.28.040 Establishment of limits of districts in which storage of class I and II liquids
in outside aboveground tanks is prohibited — Amended. The limits referred to in Section
3404.2.9.5.1 and 3406.2.4.4 of the 2007 California Fire Code in which the storage of flammable
or combustible liquids is restricted are hereby established as follows: All areas within the City
limits of the City of National City except for those areas zoned Commercial or Manufacturing, as
established, defined, and set under the zoning regulations in Title 18 of the National City
Municipal Code.
15.28.050 Establishment of limits in which storage of liquefied petroleum gases is
prohibited. The limits referred to in Section 3804.2 of the California Fire Code, in which storage
of liquefied petroleum gas is restricted, are hereby established as follows: All areas within the
City limits of the City of National City, except for those areas zoned Commercial or
Manufacturing, as established, defined, and set under zoning regulations in Title 18 of the
National City Municipal Code.
Ordinance No. 2008-2303
2008 Fire Code Ordinance
15.28.060 Section 3301.2 "Establishment of Limits for Storage of Explosives and
Blasting Agents is to be Prohibited" — Amended. The permanent storage of explosives and/or
blasting agents shall be strictly prohibited within the City limits of the City of National City.
Temporary storage may be allowed, by permit, during setup for excavation, demonstration, or
other use, when in the opinion of the Fire Marshal, there are significant measures in place to
ensure public safety.
15.28.070 Amendments made to the 2007 California Fire Code. The geographical
density of the City of National City, the dry southern California climate, which is subject to
annual drought conditions, make the following amendments set out in Section 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 101.5 "Referenced Codes" — Amended. Section 101.5 of the
2007 California Fire Code is amended to read as follows:
101.5 The codes, standards and publications adopted and set forth in
this code, including other codes, standards and publications referred to therein
are, by title and their most current edition, hereby adopted as standard reference
documents of this code. When this code does not specifically cover any subject
related to building design and construction, recognized fire engineering practices
shall be employed. The National Fire Codes and the Fire Protection Handbook
of the National Fire Protection Association are permitted to be used as
authoritative guides in determining recognized fire -prevention engineering
practices.
15.28.085 Section 307.4.1 "Bonfires" — Amended. Section 307.4.1 of the California
Fire Code is amended to read as follows:
307.4.1 Bonfires. Bonfires are strictly prohibited within the City Limits.
15.28.090 Section 307.4.2 "Recreational Fires" — Amended. Section 307.4.2 of the
Califomia Fire Code is amended to read as follows:
307.4.2 Recreational Fires. Recreational Fires are strictly prohibited
within the City limits.
15.28.100 Section 1011.5.1 "Graphics" — Amended. Section 1011.5.1 of the
California Fire Code is amended to read as follows:
1011.5.1. Graphics. Every exit sign and directional exit sign shall have
plainly legible letters not Tess than 6 inches (152 mm) high with the principal
strokes of the letters not less than 0.75 inch (19.1 mm) wide. The word "EXIT"
shall have letters having a width not less than 2 inches (51 mm) wide, except the
letter "I," and the minimum spacing between letters shall not be less than 0.375
inch (9.5 mm). Signs larger than the minimum established in this section shall
have letter widths, strokes and spacing in proportion to the height.
The word "EXIT" shall be green in color and in high contrast with the
background and shall be clearly discernible when the means of exit sign
illumination is or is not energized. If a chevron directional indicator is provided
as part of the exit sign, it shall be green in color, the construction shall be such
that the direction of the chevron directional indicator cannot be readily changed.
Ordinance No. 2008-2303
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2008 Fire Code Ordinance
5.28.110 Section 316 "Storage of Empty Wooden or Plastic Pallets" —Supplemented.
Section 316 of the 2007 Califomia Fire Code is added as follows:
316. 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 13, section titled Protection of Idle
Pallets, 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 commodity.
15.28.120 Section 503.2.7 "Grade" — Amended. Section 503.2.7 of the 2007 California
Fire Code is amended as follows:
503.2.7. Grade. The maximum permitted gradient for a fire apparatus
access road shall not exceed 15%.
15.28.130 Section 503.6.1 "Security Gates" — Amended. Section 503.6.1 of the
2007 California Fire Code is amended as follows:
All gates or other structures or devices which could obstruct fire access
roadways or otherwise hinder emergency operations are prohibited unless they
meet standards approved by the Chief, and receive Specific Plan Approval.
All automatic gates across fire access roadways and driveways shall be
equipped with an approved key -operated switches overriding all command
functions and opening the gate(s). Gates accessing more than four residences
or residential lots, or gates accessing hazardous institutional, educational or
assembly occupancy group structures, shall also be equipped with an approved
emergency traffic control -activating strobe light sensor(s), or other devices
approved by the Chief, which will activate the gate on the approach of
emergency apparatus with a battery back-up or manual mechanical disconnect
in case of power failure.
All automatic gates must meet fire department policies deemed
necessary by the Chief for rapid, reliable access.
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 the decision to the Advisory and Appeals Board, as
established by and pursuant to Chapter 15.04, within 10 days from the date of the decision.
Ordinance No. 2008-2303
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2008 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 2007
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 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 of any 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 Section 17958.7 and 18941.4.
PASSED and ADOPTED this 19th day of February 20
ATTEST:
4
Mic ael R. Dall=, City Clerk
APPROVED AS TO FORM:
iii
George H. Eiser, III
City Attorney
Ron orrison,
Ordinance No. 2008-2303
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2008 Fire Code Ordinance
Passed and adopted by the Council of the City of National City, Califomia, on February
19, 2008, by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Parra, Ungab.
Nays: None.
Absent: Councilmember Zarate.
Abstain: None.
AUTHENTICATED BY:
By:
RON MORRISON
Mayor of the City of National City, California
A � Rit
City C rk of the City National City, California
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 February 5, 2008, and on February 19, 2008.
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. 2008-2303 of the City Council of the City of National City, passed
and adopted by the Council of said City on February 19, 2008.
City Clerk of the City of National City, California
By:
Deputy