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HomeMy WebLinkAboutCC ORD 1963-1087 Adopts fire code; repeals Ords. 386, 598, 772 and 919 (Repealed by 1143)ORDINANCE NO. 1087 AN ORDINANCE ADOPTING A UNIFORM FIRE CODE PRESCRIBING REG- ULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND REPEALING ORDINANCES 386, 598, 772, AND 919 OF THE CITY OF NATIONAL CITY BE IT ORDAINED by the City Council of the City of National City as follows: SECTION I: ADOPTION OF UNIFORM FIRE CODE. 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 recommended by the California Fire Chiefs' Association, being particularly the 1961 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modi- fied or amended (by Section 7 of this ordinance), of which code not less than three (3) copies have been and now are filed in the office of the 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 provisions thereof shall be controlling within the limits of the City of National City. SECTION 2: 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 Pre- vention shall be appointed by the Chief of the Fire Department of the City of National City on the basis of examination to determine his qualifications, 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 non-members of the Fire Department, and appointments made after examination shall be for an indefinite term with re- moval 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 judgment, shall deem desirable. SECTION 3: DEFINITIONS. a. Wherever the word "Municipality" is used in the Uni- form 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 Pre- vention" are used in the Uniform Fire Code they shall be held to mean the Fire Marshal. SECTION 4: ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE LIQUIDS IN OUTSIDE ABOVE- GROUND TANKS MAY BE ALLOWED. a. The limits referred to in section 15.201 of the Uniform Fire Code in which storage of flammable liquids in outside abovetl 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 15.401 of the Uniform Fire Code, in which new bulk plants for flammable liquids may be allowed, are hereby established as follows: light manufacturing and heavy industry zones as established by the zoning ordinances of the City of National City. SECTION 5: ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. 2 The limits referred to in section 20.05a of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas may be allowed, are hereby established as follows: M-4 zone, subject to Ordinance 962, §8, sub -section 1, paragraph 2c. SECTION 6: ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in section 11.06a 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. SECTION 7: AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uniform Fire Code is amended and changed in the follow- ing respects: a. Section 3.04, is hereby amended as follows: the follow- ing sentence is hereby added to said section 3.04: Such burn- ing may be allowed only in approved type incinerators constructed for such purpose, where such burning does not constitute a haz- ardous condition or a smoke nuisance, as determined by the Chief. b. Section 15.502 is hereby amended as follows: the fol- lowing paragraphs are hereby added as paragraph f of said section 15.502: f. Except as in this ordinance otherwise permitted, Class 1 liquids or any other inflammable liquids which will flash or emit an inflammable vapor, in excess of five (5) gallons in the aggregate at any one location, shall be stored in approved underground tanks. No person, firm,or corporation shall placeany of said volatile or inflammable liquids in any tank or tanks, or other receptacle or container contrary to any of the provisions of this ordinance; 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 3 fifty (50) gallon quantities and kerosene in not more than sixty (60) gallon quantities in aboveground tanks when said tank or tanks are located fifty (50) feet or more from any building or structure, and said tank or tanks to be of an approved type, and persons maintain- ing same shall have a permit in writing from the Fire Marshal. Such permits shall be issued only upon appli- cation. The storage tanks required by this section shall be installed outside the walls of any building, and shall be composed of iron or steel of a thickness not less than specified in the following table: Capacity in Gallons Thickness in Metal 5 to 285 16 gauge 286 to 560 14 gauge 561 to 1100 12 gauge 1101 to 4000 7 gauge 4001 to 12000 1/4 inch 12001 to 22000 5/16 inch 22001 to 33000 3/8 inch c. Section 27.01, paragraph b, is hereby amended to read as follows: b. No person shall set fire to or cause or procure fire to be set to any rubbish, trash, debris, grass, weeds, brush, inflammable material on any street, alley, court, yard, vacant lot or any other property unless a written permit so to do shall first have been secured from the Fire Marshal or his deputies, and in strict accordance with the terms of the permit. The Fire Marshal and his deputies shall include in such permits such safeguarding restrictions or precautions as may be reasonably necessary to prevent damage to life, or property or prevent the com- mission of a nuisance and shall have the power to refuse, revoke or postpone permits when necessary for the protect- ion of life and property. d. Sections 27.14, 27.16, and 27.20 are hereby omitted in their entirety. e. Section 27.15, paragraph a, is hereby amended to read as follows: a. No person shall locate, maintain, or use any barbecue pit or outdoor fireplace within five feet of any building or structure or within ten feet of any opening therein. f. Section 27.17 is hereby amended to read as follows: Every barbecue pit and the equipment thereof, shall be maintained in good condition and repair at all times. g. Section 27.18 is hereby amended to read as follows: The area adjacent to any barbecue pit, outdoor fire- place or open fire shall be kept clear of rubbish, dry grass, weeds, vegetation, and other combustible material. h. Section 27.22 is hereby amended to read as follows: Section 27.22. HOURS OF BURNING OF WASTE MATTER. That it is hereby made unlawful to set or kindle any fire for the burning of brush, weeds, rubbish or waste material in the City of National City, California, or any fire in hay, grain, brush, stubble, weeds, or grass in said City, between the hour of 6 p.m. of any day and the hour of 5 a.m. of the following day, nor at any other time without carefully guarding the same, provided, however, that nothing herein contained shall be con- strued to restrict the hours wherein which any bonfire or fires kindled or held as a part of any public celebration in said City may be so kindled or held if the fire chief of said City shall have been first informed of the intention to kindle or hold such bonfire or fires and of the time and place where it is intended to hold the same and he shall have, issued a permit. SECTION 8: 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 lessee, or his duly auth- orized 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, public safety secured, 5 and substantial justice done. The particulars of such modifi- cation 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 9: APPEALS. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been miscon- strued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council within 30 days from the date of the decision appealed. SECTION 10: NEW MATERIALS, PROCESSESS 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 com- mittee 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 II: 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 shallfail 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 6 of not more than $500.00 or by imprisonment for not more than 180 days or by both such fine and 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 the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 12: REPEAL OF CONFLICTING ORDINANCES. Ordinances number 386, 598, 772 and 919 of the City of National City and all other ordinances or parts thereof conflict- ing or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed. SECTIONI3: VALIDITY. The City Council hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 14: DETERMINATION OF CITY COUNCIL. The City Council hereby finds and determines that each and all of the requirements set forth in Government Code sections 50022.3, 50022.4, and 50022.6 have been fulfilled. SECTION 15: EFFECTIVE DATE. This ordinance is hereby declared to be an emergency or- dinance, and shall take effect immediately on final passage by this City Council. It is hereby expressly found and determined that this ordinance is for the immediate preservation of the public peace, health and safety; the present fire prevention ordinances of the City are inadequate to insure the immediate preservation of the public peace, health and safety, and the City will be without adequate fire prevention ordinances until this ordinance becomes effective. 7 ATTEST: PASSED AND ADOPTED this 10th Day of December, 1963. CITY CLERK PASSED AND ADOPTED by the City Council of the City of National City, California, this 1.Qth.___ day of Dezember , 19 63 , by the following vote, to -wit: AYES: Councilmen Alle: , Colburn,. Hart4 Morgan, Gautereetu NAYS: Councilmen None• ABSENT: None ATTEST: ayor of the City pj'Ki fational City, Califola City Clerk I hereby approve the foregoing { Ordi Atextutim}this 10th day of aee.e. .er___, ayor of the Citypf ational City, California I hereby certify that the above and foregoing is a full and true copy of { Ale Ord"'ance mbeatha of the { Ordces inanttons } of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the....1.Qth. day of 3e amber , 19..43... City Clerk of the City of National City, California. Deputy