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HomeMy WebLinkAboutCC ORD 1972-1322 Adopts 1971 Uniform Fire Code; repeals Ord. 1245 (Repealed by 1398)1322 ORDINANCE NO. 1322 AN ORDINANCE OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE, 1971 EDITION AND THE APPENDIX THERETO, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION AND REPEALING ORDINANCE NO. 1245, 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: That Ordinance No. 1245 of the City of National City, and all other ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. SECTION 2: 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, that certain code known as the Uniform Fire Code and the Appendix thereto, published by the International Conference of Building Officials and the Western Fire Chief's Association, being particularly the 1971 Edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which Code not Tess 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 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 tp 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 indefinite term with removal only for. cause. d. A report of the Bureau of Fire Prevention shall be made annually and transmitted to the City Manager of the City of National City; it shall contain all proceedings under this code, with such statistics and recommended amendments to the code which, in his judgement, shall deem desirable. SECTION4: DEFINITIONS. a. Whenever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of National City. b. Whenever 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. Whenever 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: 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 flammable and combustible liquids in outside above ground tanks is prohibited, are hereby established as follows: all areas within the City limits of National City, except light manufacturing and heavy industry zones, as established by the zoning ordinances of the City 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 Tight manufacturing and heavy industry zones, as established by the zoning ordinances of the City of National City. SECTION 6: 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 M-4 zone, subject to City Ordinance 962, Section 8, sub -section 1, paragraph 2C, of the City of National City. SECTION 7: 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 within the City limits of the City of National City. SECTION 8: AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the following respects: Section 15.111 is hereby amended as follows: Change the word ".Nonflam- mable" to two (2) words, "No flammable." Section 15.201 is hereby amended as follows: The following is hereby added as paragraph "c" of said _Section 15.201: c. Class 1 flammable liquids in excess of five (5) gallons in the aggregate at any one location shall be stored in approved underground tanks, provided, that nothing herein contained shall apply to said liquids in the fuel tank attached to and forming a part of any motor vehicle or engine using such liquid as fuel. Provided further, that nothing herein contained shall apply to said storage of gasoline in not more than fifty (50) gallon quantities in above ground tanks which said tanks or tank are located fifty (50) feet or more from any building or structure, and said tank or tanks are of an approved type, and persons maintaining same have a permit from the F ire Marshal. Section 15.703a is hereby amended as follows: Change both reference Sections 15.702b to read Section 15.703b. Section 15.704b, 1. 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. Section 27.105 is hereby amended as follows: Paragraphs c and d of Section 27.105 are hereby deleted in their entirety. Sections 27.106, 27.107, and 27.110 are hereby deleted in their eatirety. Section 27.112 is hereby amended as follows: Change title to BURNING; first paragraph in said Section 27.112 is hereby amended to read as follows: No waste matter shall be disposed of by burning except by permit issued by the Fire Marshal and in accordance with the requirements 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 Ieasee, 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 Np. 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 be 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 Department and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and seecify, 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 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 non- compliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than S500.00 or by imprisonment. 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 reason- able time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. b. 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 Coundil 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 by the City Council of the City of National City, California, this 18th day of July, 1972, by the following vote, to -wit: AYES: Councilmen Camacho, Pinson, Waters, Reid NAYS: Co ncil en None ABSENT: orb n Luther G. Reid Mayor of the City I Cit); California ATTEST: ne ` n• 'ue ity Clerk 1 her f.y approve the forgoing Ordinanc this 18th day of July, 1972. Luther G. Reid Vice Mayor of the City of National City, California 1 hereby certify that the above and foregoing is a full and true copy of Ordinance No. 1322 of the Ordinances of the City of National City, California, as adopted by the City Council of said City, anff approved by the Mayor of said City, on the 18th day of July, 1972. (s) IoneMinogue (Seal) City Clerk of the City of National City, California • NC 5449 7; 30; 72 HEREBY CERTIFY that the duly published according ( WAS) City OK Q City at NatbMl C , CNNNrels