HomeMy WebLinkAboutORD FOR ADOPTION 06-06-88 ORDINANCES FOR ADOPTION
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D TE: June- , 9 lnte'.-C°m
TO:
FROM:
$ USJ ECT:
WILLIAM A. HUSTON, CITY MANAGER
MARY E. WYNN, CITY CLERK
OROINA~ICE NO. 997 FOR ADOPTION
RECOF~IENDATION:
M. O. - That Ordinance No. 997 have second reading by title only.
M. O. - That Ordinance No. 997 be passed and adopted.
(Roll Call Vote)
AGENDA ITEM:
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
BACKGROUI~):
Ordinance No. 997 had first reading by title only and introduction at Che
May 16, 1988, City Council meeting.
MARY E..~NN, CIT~CLERK
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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Article five of the Tustin City Code are repealed in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, 1985 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
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ORDINANCE NC 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 prevent 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 may 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 particulars 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
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ORDINANCE NO. 997
PAGE NO. 3
(B)
possible regular meeting 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.
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 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 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):
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ORDINANCE NO. 997
PAGE NO. 4
(m) Fire lanes, accessways and roadways - parking
prohibited.
No ~erson 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 Uniform
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 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
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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 1Q.31~ 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 10.31~is 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 5000 square
feet.
Such system shall comply with 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:
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ORDINANCE N0. 997
PAGE NO. 6
Sec 11.111 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) $~¢tio'n 61.106(c) of said Uniform Fire Code is hereby
amended to read as follows.
$~¢ 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:
$~¢tion 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
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ORDINANCE NC. 997
PAGE NO. 7
of Sections 79.1206 (a) or (b) shall be subject to'
an infraction citation. '
(M) Section 12 of ADDendix 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
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ORDINANCE NO. 997
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engine 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 section 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) $~tiQn 23 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
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ORDINANCE NO )97
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: Spectal Ftndln~s
Pursuant to the provisions of Health and Safety Code Section
17958.7, the City Council of the City of Tustln makes the following
special findings regarding the addition of Section 10.315 and the
amendments to Secttons 10.308 and 11.111 of the Uniform Fire Code,
1985 Edttion.
Section 10.308
Subsections (b)5 and (h) have been added to Section 10.308 to the
Uniform Fire Code to require fnstallation of automatic sprinkler
systems In hotels, apartment houses, convents and monasteries where
they would not be requtred to be installed under the Uniform Building
Code Section 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 rise 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.
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Ordinance No. 997
Page ten
Section 11.111
Section 11.111 of the Uniform Fire Code has been amended to
require the installation of a spark arrester on chimneys, flues and
stove pipes in certain situations where they would not be required
under the Uniform Building Code and the Uniform 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 Fire Code are as follows:
1. Climatic Conditions: Hot, dry Santa Aha winds are common in
the City of Tustin and Orange County. The installation of spark
arresters on chimneys, flues and stove pipes will help reduce the
number of roof fires 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 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
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, location 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.
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Ordinance No. 997
Page eleven
Section 3:
The City Clerk of the City of Tustln ts hereby ordered to flle
thts Ordinance ~tth 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.
Ronald B. Hoesterey
Mayor
~ary E. ~ynn
City Clerk