HomeMy WebLinkAboutPH 1 UFC MOD'S 05-16-88DATE: MAY 16, 1988 PUBLIC HEARING 5-16-88 TO: WILLIAN A. HUSTON, CITY MANAGER FROM: COMMUNITY DEVELOPfiENT DEPARITiENT SUBJECT: ORDINANCE NO. 997 - UNIFORFI FIRE CODE WITH LOCAL MODIFICATIONS RECOI~ENDATION It is recommended thac City Council: 1. M.O. - Hold first reading of Ordinance 997, by title °nly. 2. 14.0. - Introduce Ordinance No. 997. BACKGROUND :tached for City Council consideration is a transmittal from the Orange County Fire Department requesting that the City adopt current Uniform Fire Code provisions. Representatives from the Fire Department will be available to respond to any questions or concerns raised by members of t~e City Council or audience. The City Attorney has reviewed and approved the proposed ordinance as to form and content. -Christi ne A. 'Shing~}~con, Director of Community Development CAS: ts Attachment April 25, 1988 OF ORANGE COUNTY FIRE DEPARTMENT 180 SOUTH WATER STREET P.O. BOX 86, ORANGE, CALIFORNIA 92666-0086 (714) 744-0400 LARRY J. HOLMS DIRECTOR OF FIRE SERVICES SERVING THE UNINCORPORATED AREAS OF ORANGE COUNTY AND THE CITIES OF: CYPRE~ IRVlNE LA PALMA LOS ALAMITOS MISSION VlEJO PLACENTIA SAN JUAN CAPISTRANO SEAL BEACH STANTON TUSTIN VILLA PARK YORBA LINE)A William A. Houston, City Manager City of Tustin 300 Centenial Way Tusin, CA 29680 SUBJECT: ORDINANCE NO. 997 TO ADOPT AN UPDATED EDITION OF THE UNIFORM FIRE CODE WITH LOCAL MODIFICATIONS Dear Mr. Houston: RECOMMENDATION: It is recommended that the City Council take the following actions: 1. M.O. - Hold first reading of Ordinance_997 bY ti'tle only.' 2. M.O. - Introduce Ordinance 997. The city is currently using the 1982 editions of the Uniform Fire Code and the Uniform Fire Code Standards published by the Western Fire Chief's Association. The city recently adopted .the 1985 edition pf the Uniform Building Code and it is appropriate that the city adopt by ordinance t~e following: Uniform Fire Code Uniform Fire Code Standards Uniform Fire Code Supplement (i985 Edition) (1985 Edition) (1987 Edition) The proposed Ordinance adopts Codes and Standards which have been in use previously by the City. earlier editions The City Attorney has reviewed the proposed ordinance and has approved as to form and content. it Re spectfully, ~T~mes P. Stone Fi re Marshal V£ 5/9.kc gI~4~KF r~FTFCTI?IP~C; RAVF I I~[=R 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 22 2,1 ORDINANCE NO. '997 PAGE NO. 1 ORDINANCE NO. 997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPEALING SPECIFIED SECTIONS OF ARTICLE 5 OF THE TUSTIN CITY CODE AND ADOPTING THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, 1985 EDITIONS, WITH AMENDMENTS THERETO AND THE UNIFORM FIRE CODE 1987 SUPPLEMENT AS THE FIRE PROTECTION REGULATIONS OF THE CITY OF TUSTIN The City Council of the City of Tustin does hereby ordain as follows: 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 follows: PART 3 5130 ADOPTION OF THE 1985 UNIFORM FIRE CODE The Uniform Fire Code, 19.85 Edition, as published by the International Conference of Building Officials and Western Fire Chiefs Association, including Appendices I through VI-A, the 1985 Uniform Fire Code Standards and the 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 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 hereinafter deleted, modified or amended. 5131 (A) ENFORCEMENT; INSPECTIONS The Uniform Fire Code shall be enforced by the Orange County Fire Department which shall be operated under the supervision of the Chief of the Orange County Fire Department. (B) - The Chief of the Fire Department may detail such 28 1 2 3 4 5 6 7 8 9 10 12 13 14 15 17 18 10 20 o.2 ~5 27 ORDINANCE NO. 997 PAGE NO. 2 members of the Fire Department as Inspectors as shall be necessary from time to time. 5132. VIOLATIONS Any person who violates any of the provisions of this 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 separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted. The application of this penalty shall'not 'be 'held tO pre~ent the enforced removal of prohibited conditions. 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 amended to read as follows. 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 misconstrued or wrongly interpreted, the applicant m~y appeal from the decision of the Chief of the Fire Department, or the Chief of the Bureau of Fire Prevention, to the City Council within ten (10) days from the date of the decision being appealed. A decision shall be considered as being appealed within the ten (10) day period whenever a written "Notice of Appeal" is filed with the City Clerk within ten (10) days. Such Notice of ApPeal 'shall specify: (1) The substance and- particuiar~~ of the-~deCision being appealed; (2) The date of the decision; and (3) Shall be signed by the Appellant or his duly 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 10 ~0 o.2 ~5 27 ORDINANCE NO. 997 PAGE NO. 3 (B) 'possible regular meeting of the City Council and notify the Chief of the Fir~ 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. Section 9.129 is.added to ~the~Uniform Fire Code to read as follows: Whenever the word "jurisdiction" is used in the Uniform Fire Code, it shall mean the City of Tustin. Whenever the term "corporation counsel" is used in the Uniform Fire Code, it shall mean the City Attorney of the City of Tustin. 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 amended to read as follows: Fire Code is hereby No person shall place or keep any po.st, 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 to 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): 28 1 2 3 4 5 6 7 8 9 10 11 13 14 15 1(;, 17 18 19 21 22 25 27 28 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, stadium, 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 Uni'form amended to read as follows: Fire code is hereby 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 ~departn~e-nt 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 2 3 4 5 6 7 8 9 10 11~ 13 14 15 17~ 18 19 20[ 21 22 23 24 25 26 27 28 ORDINANCE NO. 997 PAGE NO. 5 (G) 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. Section 10.315 of the Uniform Fire Code is hereby added to read as follows: Section 10.315 The high rise requirements set forth in the Uniform Building Code, Section 1807, shall applY to all buildings having floors used for human occupancy located more than 55 feet above or below the lowest floor level haVing building access by the Fire Department. (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. (a) Ail new buildings not having an automatic fire sprinkler system, constructed as a non- residential occupancy exceeding 5,000 square feet of floor area, shall have :an approved automatic fire detection and alarm system installed. (b) Existing non-residential buildings not otherwise required to have a fire detection and alarm system, shall have an approved automatic fire.detection and alarm system installed when any addition or alteration is made to said building which causes the total area of the building to exceed 50~00 square feet. Such system shall Compi~ wlth the requirements of a Class I Type C system as defined in Appendix III-C of the Uniform Fire Code, and be previously approved and listed by the California State Fire Marshal pursuant to Article 1.5, Subchapter 1, Chapter 1, Title 19, California Administrative Code. (I Section 11.111 of said Uniform Fire Code is hereby amended to read as follows: 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16,! 17 18 20I: 21 22 23 24 25 26 271 ORDINANCE NO. 997 PAGE NO. 6 Sec 11.111 Every new building in which is installed any chimney, flue or stovepipe attached to any fireplace, stove, ~arbecue 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 amended to read as follows. Code is hereby 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- vented oil-burning heating appliances may be permitted in any occupancy during the construction process when such use is necessary for the construction and the use does not represent a hazard to life or property. (K) Section 79.501 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 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 19 9.1 2~ 2~ 27 28 ORDINANCE NO. 997 PAGE NO. 7 of Sections 79.1206 (a) or (b) shall be subject to an infraction citation. (M) Section 12 of Appendix' II-A of said Uniform Fire Code is hereby amended to read as follows: 12. OPEN FLAME DEVICES (a) No person shall operate or use ~any device, machine, or process including but not limited to a welding or cutting torch, tar pot, decorative torch, grinder, or any other device liable to start or cause fire in or upon any hazardous fire area, except by the authority of a written permit 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, brush-or forest-covered areas. (b) The person or persons using such equipment or devices shall maintain one serviceable round point shovel with an overall length of not less than forty-six inches and one pressurized or pump type of fire extinguisher of at least 2 1/2 gallon capacity fully equipped and ready for use at the immediate area during the operation of such equipment or devices. (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 hazardous fire area. This section shall not apply to or restrict the proper use of fUsees 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: 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25i ORDINANCE NO. 997 PAGE NO. 8 ~ngine-is equipped with a spark arrester as defined in subsection (c) maintained in effective working order, or the engine is constructed, equipped and-maintained for the prevention of fire pursuant to Section 24 (c). (b) Spark arresters affixed to the exhaust system of engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. (c) A spark arrester is a device constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an 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. (d) Engines used to provide motive power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this sectioh if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the.State of California. (e) Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition (0) Section 25 of ApPendix II-A of said Uniform Fire Code is hereby added to read as follows: No person shall sell, offer for sale, lease, or rent to any person any internal combustion engine subject to the provisions of Section 24 and not subject to the provisions of Section 13005 of the Health and Safety Code, unless he provides a written notice to the purchaser or bailee, at the time of sale or at the time of entering into the lease or rental contract, stating that it is a violation of the Uniform Fire Code to use or operate the engine in upon 2 3 4 5 6 7 8 9 10 11 13 14 ORDINANCE NO. J97 PAGE NO. 9 or adjoining any hazardous fire area, unless the engine is equipped with a spark arrester, as defined in Section 24, maintained in effective working order or the engine is constructed, equipped, and maintained for the prevention of fire pursuant to Section 26. (P) Section 26 of Appendix II-A of said Uniform Fire Code is hereby added to read as follows: No person shall use, operate, or cause to be operated in upon or adjoining any hazardous fire area any handheld portable, multiposition, internal-combustion engine manufactured after June 30, 1978, which is operated on hydrocarbon fuels, unless it is constructed and equipped and maintained for the prevention of fire in accordance with Section 4443 of the Public Resources Code of the State of California. Section 2: Special Findings Pursuant to the provisions of Health and Safety Code Section 17958.7, t~e City Council of the Ctty of Tusttn makes the fo]lowing special findings regarding the addition of Section I0.315 and the amendments 1985 Edition.t° Sections 10.308 and 11.111.of the Uniform Fire Code, Section 10.308 18 21 22 23 24 25 26 27 28 Subsections (b)5 and (h) have been added to Sectton 10,308 to the Uniform Fire Code to require installation of automatic sprinkler systems in hotels, apartment houses, convents and monasteries where~ they would not be required.to be Installed under the Uniform Building Code Sectton 3802. Such installation is hereby found to be reasonably necessary due to the local conditions for housing set forth below. Section 10.315 Section 10,315 has been added to"the Uniform Fire Code to require that certain high rtse buildings be provided with either, an. approved automatic sprinkler system or safe areas of refuge in certain situations which would not otherwise be required by the Uniform Building Code Section 1807, Such requirements' are found to be reasonably necessary due to the local conditions for housing set forth below. 1 2 3 4 5 6 7 8 9 10 11 12 ~3 14 15 16 17~ 19: 21 22 23 24 26; 27 Ordinance No. 997 Page ten Sectlon 11.111 Section 11.Ill of the Uniform' Fire Code has been amended to require the installation of a spark attester on chimneys, flues and stove pipes in certain situations where they would not be required under the Uniform Butldtng Code and the Untform Mechanical Code. Such requirements are found to be reasonably necessary due to the local conditions for housing set forth below. The local conditions requiring the amendments and additions to the Uniform Ftre Code are as follows: 1. Climatic Conditions: Hot, dry Santa Aha winds are common in the City of Tusttn and Orange County. The installation of spark attesters on chimneys, flues and stove pipes will help reduce the number of roof ftres that can be spread by such winds. Small fires originating in high density housing spread rapidly and create the need for an increased level of on-site fire protection. The added protection provtded 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 1tie and safety of multiple occupancy occupants during fires. 2. Geography and Topography: From time to time, traffic congestion in the City of Tustin delays fire department response to fires. This condition makes the need for automatic on-site protection for property occupants necessary. 3. Geography and Topography: Placement of multiple occupancy buildings, locatlon of arterial roads, and fire department staffing constraints due to revenue-limiting State Legislation have made it difficult for the fire department to locate additional, fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings, making the need for on-site automatic fire sprinkler systems and areas of refuse necessary. 28 1 2 Ordinance Ho. 997 Page eleven 3 4 5 6 7 8 9 10 Sectton 3: The City Clerk of the City of Tustin is hereby ordered to ftle th{s Ordinance with the Department of Housing and Community Development. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tusttn, California, held on the~day of , 1988. 11 12 13 14 15 1~ Mary E. Wynn , City Clerk 21 Ronald B. Hoesterey Mayor 22 23 24 25 26 27 28