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HomeMy WebLinkAboutCC ORD 1977-1591 Adds § 15.28.002; amends §§ 15.28.010, 15.28.040, 15.28.050, 15.28.060, 15.28.070, 15.28.080, 15.28.090; repeals Ord. 1398, Uniform Fire Code (Repealed by 1718)ORDINANCE NO. 1591 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION AND THE APPENDIX THERETO, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR AND DEFINING THEIR DUTIES AND POWERS, AND REPEALING ORDINANCE NO. 1398 AND ALL OTHER ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH The City Council of the City of National City, California DOES ORDAIN as follows: SECTION 1: Ordinance No. 1398 of the City of National City, and all other ordinances and parts of ord- inances in conflict with this Ordinance are hereby repealed and there is hereby added to the Municipal Code, Section 15.28.002 to read as follows: Section 15.28.002. FINDINGS AND DECLARATION The City Council of National City, California, does hereby specifically and expressly find and declare that the nature and uniqueness of the climate, terrain, location, environment and rate of population growth of the City of National City does necessitate and demand specific changes in, and variations from the Uniform Fire Code, 1976 edition, which are noted in and made a part of this Ordinance. SECTION 2: Section 15.28.010 of the 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 prescribing regulations governing conditions hazardous to life and property from fire or explosion and establishing a Bureau of Fire Prevention and providing officers therefor and defining their powers and duties, that certain code known as the Uniform Fire Code and the Appendix thereto, pub- lished by the International Conference of Building Officials and the Western Fire Chief's Association, being particularly the 1976 Edition thereof and the whole thereof, save and except such portions as are hereinafter 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 of 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 appoint- ment 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 non-members of the Fire Department and appointments made after examination shall be for an in- definite 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 Counsel" 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 15.201a of the Uniform Fire Code in which storage of Class I, Flammable liquids in outside above ground tanks is pro- hibited, are hereby established as follows: All areas within the City limits of National City. 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 established as follows: All areas within the City limits of National City, except: MM, Manufacturing Medium; MH, Manufacturing Heavy; MT, Manufacturing Tide- lands, 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 Liquefied Petroleum Gases is to be Restricted. The limits referred to in Section 20.105a of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: All areas within the City limits of National City, except: MM, Manufacturing Medium; MH, Manufacturing Heavy; MT, 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 11.106b of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: All areas of National City. SECTION 8: Code. within the City limits of the City Amendments Made in the Uniform Fire Section 15.28.070 of the Municipal Code and Section 13.307 of the Uniform Fire Code are hereby amended as follows: Section 13.307 is deleted in its entirety and the following new section 13.307 is hereby added. FIRE ALARM SYSTEMS Section 13.307(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 system 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 the standards set forth in NFPA Pamphlet 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 15.704b.1 of the Uniform Fire Code is hereby amended as follows: The following is hereby added to paragraph 1 of Section 15.704b, after the words "automatic closing type"; without a hold -open latch or device. Section 15.28.090 of the Municipal Code and Section 27.112 of the Uniform Fire Code is hereby amended as follows: The following is hereby added as Paragraph c of Section 27.112: (c) All outdoor burning and incinerator burn- ing shall be done in compliance with the rules and regula- tions of the San Diego County Air Pollution Control District. SECTION 9: Modifications The Chief of the Bureau of Fire Prevention shall have 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 decision 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 1.215 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 this 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 a Correction Notice or Notice to Abate a Public Nuisance or Fire Hazard may appealed to the Advisory and Appeals Board. All such appeals shall be made in accordance with procedures set forth in Section 7 of City Ordinance No. 1189. SECTION 11: New Materials, Processes or Occupancies Which May Require Permits. The City Manager, the Chief of the Fire Depart- ment 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 12: Penalties (a) 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 specifi- cations 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 a misdemeanor. 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 and/or imprisonment shall be in accordance with City Ordinance No. 1358. (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 affect 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 23rd day of August 1977. ATTEST: Passed and adopted by the Council of the City of National City, California, on August 23, 1977 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Camacho, None None None KILE MORGAN By: Mayor of the City of National City, California City Clerik of the City of National City, California Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on July 19, 1977 August 23, 1977 and on 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. 15.9.0... of the City of National City, passed and adopted by the Council of said City on August 23, 1977 (after Public Hearing held August 23, 1977) (Seal) By: City Clerk of the City of National City, California Deputy