HomeMy WebLinkAboutORD 0997 (1988) ORDINANCE NO. 997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
4 OF TUSTIN REPEALING SPECIFIED SECTIONS OF
ARTICLE 5 OF THE TUSTIN CITY CODE AND ADOPTING THE
5 UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS,
1985 EDITIONS, WITH AMENDMENTS THERETO AND THE UNIFORM
6 FIRE CODE 1987 SUPPLEMENT AS THE FIRE PROTECTION
REGULATIONS OF THE CITY OF TUSTIN
?
8 The City Council of the City of Tustin does hereby ordain as
follows:
9
]0 Section 1: Part one and Part three of Chapter one of
Article five of the Tustin City Code are repealed in
]] their entirety, and a new Part three, Chapter one,
Article five is hereby added in place thereof to read as
]2' follows:
PART 3
4 5130 ADOPTION OF THE 1985 UNIFORM FIRE CODE
The Uniform Fire Code, 1985 Edition, as published by
5~ the International Conference of Building Officials and
]O Western Fire Chiefs Association, including Appendices I
through VI-A, the 1985 Uniform Fire Code Standards and the
]7 1987 Accumulative Supplements to the 1985 Uniform Fire
Code, copies of each of which.certified to be true copies
]~ by the city clerk, have been and now are on file in the
office of the City Clerk-, and shall be at all times
]9 maintained by the City Clerk for use and examination by the
public, are hereby adopted and incorporated as though fully
set forth herein, save and except portions as are
2(II hereinafter deleted, modi'fied or amended.
22
5131 ENFORCEMENT; INSPECTIONS
(A) The Uniform Fire Code shall be enforced by the Orange
24 County Fire Department which shall be operated under
the supervision of the Chief of the Orange County
25 Fire Department.
26
(B) The Chief of the Fire Department may detail such
27
ORDINANCE NO. 997
PAGE NO. 2
2 members of the Fire Department as Inspectors as Shall
be necessary from time to time.
3
5132 VIOLATIONS
4
Any person who violates any of the provisions of this
5 Part 3 of Chapter 1 of Article 5 shall be guilty of a mis-
demeanor and each such person shall be deemed guilty of a
6 separate offense for each and every day or portion thereof
during which any violation of any of the provisions of this
7 Code is committed, continued or permitted. The application
of this penalty shall not be held to prevent the enforced
8 removal of prohibited conditions.
9 5133 AMENDMENTS
The Uniform Fire Code adopted by Section 5130 is hereby
amended as follows:
]]
A. Section 2.302 of the Uniform Fire Code is hereby
]2 amended to read as follows.
~3 Whenever the Chief of the Fire Department shall
disapprove an application or refuse to grant a permit
~4 applied for, or when it is claimed that the provisions
of the Code do not apply, or that the true intent and
~5 meaning of the Code have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision
]G of the Chief of the Fire Department, or the Chief of the
Bureau of Fire Prevention,. to the City Council within
~7 ten (10) days from the date of the decision being
appealed. A decision shall be considered as being
~8 appealed within the ten (i0) day period whenever a
written "Notice of Appeal" is filed with the City Clerk
]9 within ten (10) days. Such Notice of Appeal shall
specify:
20
21 41) The substance and particulars of the decision
being appealed;
(2) The date of the decision; and
23
(3) Shall be signed by the Appellant or his duly
24 authorized agent, and indicate the mailing address
of Appellant.
Whenever a Notice of Appeal is-filed, the City Clerk
shall set the matter for hearing at the earliest
ORDINANCE NO. 997
PAGE NO. 3
possible regular meet~ing of the City Council and notify
the Chief of the Fire Department and the Appellant of
the meeting of the City Council during which the matter
shall be heard. The City Clerk shall give this notice
to the Chief of the Fire Department and to the
Appellant at least three (3) days prior to the time set
for the hearing. Notice shall be given to Appellant by
mail to the address shown on the "Notice of Appeal."
All decisions of the City Council shall be final.
(B) Section 9.129 is added to the! Uniform ~Fire Code to
read as follows:
1. Whenever the word "jurisdiction" is used in the
Uniform Fire Code, it shall mean the City of Tustin.
2. Whenever the term "corporation counsel" is used in
the Uniform Fire Code, it shall mean the City
Attorney of the City of Tustin.
3. Whenever the words "Chief of the' Bureau of Fire
Prevention" are used in the Uniform Fire Code, it
shall mean the Fire Marshal.
(C) Section 10.206 of the Uniform Fire Code is hereby
amended to read as follows:
No person shall place or keep any post, fence, vehicle,
growth, trash, Storage or other 'material or thing near
any fire hydrant, fire department connection or fire
protection system control valve that would prevent such
equipment or hydrant from being immediately discernible
or in any other manner deter or hinder the fire
department from gaining immediate access Ito said
equipment or hydrant. A minimum three (3) foot clear
space shall be maintained around the circumference of
the fire hydrant except as otherwise required or
approved by the Chief. Any person violating this
section shall be subject to citation for an in frac-
tion.
(D} Section 10.207 of the Uniform Fire Code is hereby
amended by adding.Sections 207(m) and (n):
ORDINANCE NO. 997
PAGE NO. 4
(m) Fire lanes, accessways and roadways - parking
prohibited.
No person shall park any vehicle or place any object in
any fire lane, clearly designated as such by NO PARKING
signs and/or other appropriate notice, or park or place
any object, obstruction or vehicle in, on, or across an
established or designated exit, driveway, alleyway or
access road, whether public or private, in such manner
as to hamper the movement of any emergency vehicles and
equipment in the event of fire or other emergency. This
prohibition applies to, but is not limited to, areas in
and about any church, hospital, assembly hall, lodge
hall, school, hotel, motel, condominium, apartment
building, theater, industrial complex, motion picture
theater, stadfum, shopping center, restaurant, tent, or
other place of public assembly, whether open or closed.
Any vehicle parked or any object placed in a fire lane
or any of the aforementioned areas shall be subject to
citation for an infraction and/or immediate removal and
storage.
(n) The provisions of this section may be enforced by
the 'Police Department of the City of Tustin and/or the
Orange County Fire Department.
(E) Section 10,208 of the Uniform Fire code is hereby
amended to read as follows:
Approved numbers or addresses shall be placed on all new
and existing buildings in such a position as to be
plainly visible and legible from the street or road
fronting the property. Said numbers shall contrast with
their background. Any commercial building occupied by
more than one business shall have numbers or addresses
placed on or immediately adjacent to all doors that
would allow fire department access in an emergency
situation.
(F) Section 10,308 of the Uniform Fire Code is hereby
amended by adding subsection (b) 5. and subsection (h)to
read as follows:
Section 10,308(b) 5. In all new buildings or
structures when the gross square footage thereof
exceeds 6,000 square feet or more than two (2)
stories in height regardless of area separation
ORDINANCE NO. 997
'PAGE NO. 5
,walls.
SectiOn 10.308(h) Group R, Division 1 Occupancies.
An automatic sprinkler system shall be installed
in all new Group R, Division 1 Occupancies.
5 (G) Section 10.315 of the Uniform Fire Code is hereby added
to read as follows:
"7 SectiOn 10.315 The high rise requirements set
i, forth in the Uniform Building Code, Section 1807~
~8 shall apply to all buildings having floors used for
human occupancy located more than 55 feet above or
9 below the lowest floor level having building access
by the Fire Department.
l0
]] (H) Section 10-316is hereby added to the Uniform Fire Code
to read as follows:
SectiOn 10.316 Buildings Required to Have Approved
Automatic Fire Detection and Alarm System.
]4
(a) All new buildings not hawing an automatic
fire sprinkler system, constructed as a non-
residential occupancy exceeding 5,000 square feet bf'
floor area, shall have an approved automatic fire
detection and alarm system installed.
]g (b) Existing non-residential buildings not otherwise
required to have a fire detection and alarm system,
]9 shall have an approved automatic fire detection and
alarm system installed when any addition or
20 alteration is made to said building which causes the
total area of the building to exceed 5000 square
21 feet.
22 Such system Shall comply with the requirements of a
Class I Type C system as defined in Appendix III-C of
23 the Uniform Fire Code, and be previously approved and
listed by the California State Fire Marshal pursuant
24~ to Article 1.5, Subchapter 1, Chapter 1, Title 19,
California Administrative Code.
2G (I) Section 11.111 of said Uniform Fir'e Code is hereby
amended to read as follows:
ORDINANCE NO. 997
PAGE NO. 6
f~ Every new building in which is installed
any chimney, flue -or stovepipe attached to any
fireplace, stove, barbecue or other device that burns
any solid fuel, shall have such chimney, flue or
stovepipe equipped with a spark arrester as required
for incinerators in Section ll.105(d).
(J) Section 61,106(C) of said Uniform Fire Code is hereby
amended to read as follows.
Sec 61.106(C) Where Permitted. The use of listed
portable unvented oil-burning heating appliances
shall be limited to supplemental heating in Groups B
and M Occupancies.
EXCEPTION: Upon approval of the chief, portable un-
venEed oil-burning heating appliances may be
permitted in any occupancy during the construction
process when such use ~s necessary for the
construction and the use does not represent a hazard
to life or property.
(K) SectiOn 79,$01 of said Uniform Fire Code is hereby
amended to read as follows:
Section 79.501(a) The storage of Class I and Class
II flammable liquids in above ground tanks outside of
buildings, is prohibited except in Planned Industrial
Districts and Industrial Districts as identified in
Part 4 Chapter 2 of Article 9 of the Tustin City
Code.
(b) Class I and Class II flammable liquid tanks
allowed in Section 79,501(a) shall be of less than
1000 gallons capacity and shall be located no less
than 100 feet.from any. property line or_ building of
other than a Group M Division 1 occupancy.
EXCEPTION: The temporary use of above ground tanks
is allowed for the storage of Class I and Class II
liquids as permitted in Division X of Article 79
of The Uniform Fire Code as adopted by section 5130.
(L) Section 79.1206 of said Uniform Fire Code is hereby
amended by adding Section 79.1206(d) to read as follows:
Section 79.1206(d) Any vehicle parked in violation
ORDINANCE NO. 997
PAGE NO. 7
2 of Sections 79.1206 (a) or (b) shall be subject to'
an infraction citation.
3
(M) SectiQn 12 QfAppendix II-A of said Uniform Fire Code is
5 hereby amended to read as follows:
6 12. OPEN FLAME DEVICES
7 (a) No person shall operate or use any device,
machine, or process including but not limited to
8 a welding or cutting torch, tar pot, decorative
torch, grinder, or any other device liable to
9 start or cause fire in or upon any hazardous fire
area, except by the authority of a written permit
~0 from the chief, provided, however, that no permit
will be required if such use is within inhabited
]] premises or designated campsites and such uses
are a minimum of 30 feet from any grass, grain,
]2 brush-or foresE-covered areas.
~3 (b) The person or persons using such equipment
or devices shall maintain one serviceable round
]4 point shovel with an overall length of not less
than forty-six inches and-one pressurized or
~5 pump type of fire extinguisher of at least 2
1/2 gallon capacity fully equipped and ready
]O for use at the immediate area' during the
operation of such equipment or devices.
i!t (c) No person shall operate or use any flame-
employing device such as a lantern or kerosene
road flare as a signal or marker in or upon any
9. hazardous fire area. This section shall not
apply to or restrict the proper use of fusees
20 at the scenes of emergencies or as required by
standard railroad operating procedures.
(N) Section 24 of Appendix II-A of said Uniform Fire Code
is hereby added to read as follows:
23
24. USE OF EQUIPMENT
(a) Except as otherwise provided in this
section, no person shall use, operate, or cause
to be operated, in upon or adjoining any
hazardous fire area any internal combustion
engine'which uses hydrocarbon fuels, unless the
ORDINANCE NO. 997
PAGE NO. 8
1
engine is equipped with a spark arrester as
2 defined in sUbsection (c) maintained
. effective working order, or the engine is
' 3 constructed, equipped' and maintained for the
prevention of fire pursuant to Section 24 (c).
· (b) Spark arresters affixed to the exhaust
5 system of engines or vehicles subject to this
section shall not be placed or mounted in such
6 a manner as to allow flames or heat from the
exhaust system to ignite any flammable
7 material.
8 (c) A spark arrester is a device constructed of
nonflammable material specifically for the
9 purpose of removing and retaining carbon and
other flammable particles 'over 0.0232 of an
]0 inch in size from the exhaust flow of an
internal combustion engine that uses
~] hydrocarbon fuels or which is qualified and
rated by the United States Forest Service.
]2 (d) Engines used to p~ovide motive power for
~3 trucks, truck tractors, buses, and passenger
vehicles, except motorcycles, are not-subject
]4 to this section if the exhaust system is
=' equipped with a muffler as defined in the
1~ Vehicle Code of the State of California.
]8 (e) Turbocharged engines are not subject to
this section if all exhausted gases pass
17 through the rotating turbine wheel, there is no
exhaust bypass to' the atmosphere, and the
turbocharger is in effective mechanical
]8 condition.
i9
20 (0) Section 25 0f Appendix II-A of said Uniform'Fire Code
~ is hereby added to read as follows:
2] No person shall sell', offer for sale, lease, or
rent to any person any internal combustion
22 engine subject to the provisions of Section 24
and not subject to the provisions of Section
23 13005 of the Health and Safety Code, unless he
provides a written notice to the purchaser or
24 bailee, at the time of sale or at the time of
entering into the lease or rental contract,
25 stating that it is a violation of the Uniform
26 Fire Code to use or operate the engine in upon
ORDINANCE NO. 997
PAGE NO. 9
') or adjoining any hazardous fire area, unless
the engine is equipped with. a spark arrastar,
3 as defined in . Section 24, maintained in
effective working order or the engine is
4 constructed, equipped, and maintained for the
prevention of fire pursuant to Section 26.
6 (P) Section 26 of APpendix I~-A of said Uniform Fire Code
is hereby added to read as follows:
e
No person shall use, operate, or cause to be
8 operated in upon or adjoining any hazardous
fire area any handheld portable, multiposition,
9 internal-combustion engine manufactured after
June 30, 1978, which is operated on hydrocarbon
30 fuels, unless it is constructed and equipped
and maintained for the prevention of fire in
3] accordance with Section 4443 of the Public
Resources Code of the State of California.
13 Sectton 2: Spectal Ftndtn~/s _
14 Pursuant to the prov~sYons of Health and Safety Code Section
17958.7, the CYty CouncY1 of the CIty of TustYn-makes the followYng
35 special fYndYngs regardYng the additYon of Section 10,315 and the
]6~ amendments to SectYons 10,308 and 11,111 of the Uniform Fire Code,
1985 EditYon.
37} Sectton 10,308
]~ SubsectYons (b)5 and (h) have been added to .Section 10,308 to the
UnYform Fire Code to require Ynstallation of automatYc sprink]er
]9 systems In hotels, apartment houses, convents and monasterYes where
they would not be required to be installed under the Uniform Building
20 Code SectYon 3802. Such Ynstal]atlon ~s hereby found to be
reasonably necessary due to the loca] conditions for housing set forth
2] below.
22 Section 10,315 -.
23 Section 10,315 has been added to" the Uniform'Fire Code to require
that certaYn high rise buY]dYngs be provided with either. an. approved
24 automarY c spry nkl er system or safe areas of refuge ~ n certai n
situations which woutd not otherwise be required by the Uniform
25 BuildTrig Code Section 1807. Such requirements are found to be.
reasonab]y necessary due to the loca] conditions for' housing set forth
26 below.
27
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Ordinance No. 997
2 Page ten
G Section 11. 111
'7 Section 11.111 of the Untform Fire Code has been amended to
require the installation of a spark artester on chimneys, flues and
8 stove pipes in certain situations where they would not be required
under the Uniform Butldtng Code and the Uniform P4echantcal Code. Such
9 requirements are found to be reasonably necessary due to the local
conditions for housing set forth below.
10
13 The-local conditions requiring the amendments and additions to
the Uniform Fire Code are as follows:
32
1. Climatic Conditions: Hot, dry Santa Ana winds are common in
33 the City of'Tustin and Orange County. The installation of spark
artesters on chimneys, flues'and stove pipes will help reduce the
14 number of roof fires that can be spread by such winds. Small fires
originating in high density housing spread rapidly and create the need
15 for an increased level of on-site fire protection. The added
]G protection provided by automatic fire sprinklers and areas of refuge
will supplement normal fire department response available in the high
density occupancies, and provide immediate protection for life and
IT safety of multiple occupancy occupants during fires.
18 2. Geography and Topography: From time to time, traffic
congestion in the City 6'f Tustin delays fire department response to
1{) fires. This condition makes the need for automatic on-site protection
for property occupants necessary.
20
3. Geography and Topography: Placement of multiple occupancy
2I buildings, location of arterial roads, and fire department staffing
constraints due to revenue-limiting State Legislation have made it
22 difficult f. or the fire department to locate additional fire stations
and provide manpower sufficient to concentrate fire companies and
23 personnel to control fires in high density apartment or condominium
buildings, making the need for on-site automatic fire sprinkler
24 systems and areas of refuse necessary.
25
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Ordinance No. 997
2 Page eleven
3
Section 3:
G
The City Clerk of the City of Tustin is hereby ordered to file
7 this Ordinance with the Department of Housing and~ Community
Development. ,
8 ~
PASSED AND ADOPTED at a regular meeting of the City :Council of
9 the City of Tustin, California, held on the 5th day of July
1988. ' ..... ,
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 997 was duly and regularly introduced and read at a regular meeting
of the City Co~il held on the 16th day of May, 1988, and was given its second
reading and duly passed and adopted at an adjourned regular meeting held on
the 5th day of July, 1988, by the following vote:
AYES : COUNCILPERSONS: Kennedy, Edgar, Kelly, Prescott
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: Hoesterey
Summary Pri nt'ed Tusti n News:"
April 14, 1988 and July 14, 1988