HomeMy WebLinkAboutORD FOR ADOPTION 11-19-84DATE: NOV, 19, 1984 Inter-Corn
ORDINANCES FOR ADOPTION
TO:
FROH:-
SUBJECT:
HONORABLE MAYOR AND CITY COUNCIL
COF~tUNITY DEVELOPMENT DEPARTMENT
ADOPTION OF THE 1982 UNIFORM FIRE COOE
DISCUSSION:
The City Council expressed concern when Ordinance No. 919 was introduced that
certain sections of the proposed fire code concerning requirements for
installation of fire detection systems were too vague for local businesses
to understand. Secondly, Council expressed concern regarding off-duty fire
department employees soliciting business in our city relative to the
installation of fire detection systems.
Staff met with Fire Marshal Michael Cate and Deputy Fire Marshal Start Boettcher
to formulate appropriate wording to be included in Ordinance No.919. Attached
is the recommended wording from Fire Marshal Cate concerning section 10.316
defining the types of automatic fire protection devices and methodology for
monitoring protection systems. Example A attached to Fire Marshal Cate's letter
indicates the proposed changes.as underlined. Staff concurs with the proposed
changes since they expand upon the definitions and requirements and making them
clearly understandable to the lay person.
Concerning the subject of off-duty firemen soliciting business, this matter will
be addressed directly from Chief Holms' office. It is City staff's
understanding that any Orange County Fire employee would commit a conflict of
interest if the employee utilized his/her official capacity to influence a
business person for personal gain. In other words, the same rules apply to
Orange County Fire employees as those which apply to city employees in that
one's status as a public official may not be used for personal gain. Staff
anticipates a letter forthcoming from Chief Holms which will be forwarded to the
Council upon receipt.
RECO~ENDATIO~:
That the Council include the proposed changes to Ordinance 919 as outlined by
Fire Marshal Cate in his letter dated November 1, 1984, and conduct the second
r~e,ading of~id ordinance at this time.
DONALD D.'q2AMMY,
Director of Community Development
DDL:do
attachment:
Cate's letter
Ordinance 919
UNTY OF
GE
ORANGE COUNTY FIRE DEPARTMENT
180 SOUTH WATER STR E ET
P.O. BOX 86, ORANGE, CALIFORNIA 92666-0086
(714) 538-3551
LARRY J. HOLMS
DIRECTOR OF FIRE SERVICES
CYPRESS
IRVINE
IA PALMA
LO~ ALAMITOS
PLACENTIA
SAN JUAN CAPISTRANO
SEAL 8EACH
TUSTI N
VILLA PARK
YORBA LINOA
November l, 1984
Don Lamm
City of Tustin
Planning Department
300 Centennial Way
Tustin, CA 92680
SUBJECT: ADDITIONAL INFORMATION REGARDING SECTION 10.316 OF AMENDMENTS
We trust that the provided additional information pertaining to Section
10.316 of proposed Ordinance 919 will better clarify the meaning of Auto-
matic Fire Protection, Alarm System, and Central Station Supervision.
Example A indicates the provided additional information/explanation by the
underlining of thes paragraphs. It also indicates the deletions in Section
10.316(c), last part of the second paragraph.
Example B shows Section 10.316 in a completed revised format.
If you should have any questions, please feel free to contact me at 538-
3551.
Sincerely,
Mi chael
Fire Marshal
MC:SDB:jw
Attachments
SMOKE DETECTORS SAVE LIVES
EXAMPLE A
Section 10.316 is hereby added to the Uniform Fire Code to read as follows:
Section 10.316 Buildings Required to Have Approved Automatic Fire
Protection and Alarm System.
The term "Automatic Fire Protection" is intended to include any one of the
following types of devices/systems.
1. Automatic sprinkler system or,
2. Heat activated detectors or,
3. Photoelectric or ionization smoke detection devices.
DEFINITIONS
Automatic Protection (Detection) - includes devices or systems providing and
emergency function without the necessity of human intervention and activated
as a result of a predetermined temperature rise, rate of rise of temperatur:
or increase in the level of combustion products.
Alarm System - a signal indicating an emergency requiring immediate action
to safeguard life or property from the hazards of fire explosion or panic.
The following described buildings shall be provided with an approved automatic
fire detection and alarm system:
(a) All new buildings constructed as a non-residential occupancy exceeding
5,000 square feet of floor area.
(b)~ Existing non-residential buildings which presently do not exceed 5,000
square feet of floor area or to which any alteration or addition is
made and after which such alteration or addition will exceed 5,000
square feet of floor area.
(c) Existing non-residential buildings which presently exceed 5,000 square
feet of floor area constructed prior to the adoption of Ordinance No.
746 upon or to which any alteration or addition is made which would add
to the existing square footage of the building.
Such system shall comply with the requirements of the National Fire
Protection Association and the California State Fire Marshal's
Standards governing installation and approval of such systems. -
q~rm~<je~F~t-s- -~h~-lq- ~ ~ ~<~r- -tine- ~t<x~a-t-~c- -tm-a~hs-f~o~r- ~- ~-~ ~1~
- ~ ~ ~~ -~ ~ -t~ ~-~ ~1~ ~t~ -~ -~t~lq~ -t~ - - -
- ~t~ - -~t-~ -~ ~ ~- ~ ~ ~t~l ~ -t~ -t~ ~-~ ~-.-
Automatic protection systems shall be connected to a central station of which
are signaled to, recorded in, maintained and supervised from a central
station which has been approved and listed by nationally recognized tustin~
laboratories and in which there are competent and experienced operators in
attendance at all times whose duty is/shall be, upon receipt of a signal, to
take such action as shall be required.
Ho
EXAMPLE B
Section 10.316 is hereby added to the Uniform Fire Code to read as follows:
Section 10.316 Buildings Required to Have Approved Automatic Fire
Protection and Alarm System.
The term "Automatic Fire Protection" is intended to include any one of the
following types of devices/systems.
1. Automatic sprinkler system or,
2. Heat activated detectors or,
3. Photoelectric or ionization smoke detection devices.
DEFINITIONS
Automatic Protection (Detection) - includes devices or systems providing and'
emergency function without the necessity of human intervention and activated
as a result of a predetermined temperature rise, rate of rise of temperature
or increase in the level of combustion products.
Alarm System - a signal indicating an emergency requiring immediate action
to safeguard life or property from the hazards of fire explosion or panic.
The following described buildings shall be provided with an approved automatic
fire detection and alarm system:
(a) All new buildings constructed as a non-residential occupancy exceeding
5,000 square feet of floor area.
(b) Existing non-residential buildings which presently do not exceed 5,000
square feet of floor area or to which any alteration or addition is
made and after which such alteration or addition will exceed 5,000
square feet of floor area.
(c) Existing non-residential buildings which presently exceed 5,000 square
feet of floor area constructed prior to the adoption of Ordinance No.
746 upon or to which any alteration or addition is made which would add
to the existing square footage of the building.
Such system shall comply with the requirements of the National Fire
Protection Association and the California State Fire Marshal's
Standards governing installation and approval of such systems. -
Automatic protection systems shall be connected to a central station of which
are signaled to, recorded in, maintained and supervised from a central
station which has been approved and listed by nationally recognized testing
laboratories and in which there are competent and experienced operators in
attendance at all times whose duty is/shall be, upon receipt of a signal, to
take such action as shall be required.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. 919
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTING THE 1982
UNIFORM FIRE CODE, WITH CERTAIN ~END~,iENTS
The City Council of the City of Tustin, California does
hereby ordain as follows:
Section 1: Part 3, Chapter 1 of Article 5 of the Tustin City
Code is amended to read as follows:
PART 3
5130 ADOPTION OF THE 1982 UNIFORM FIRE CODE
The Uniform Fire Code, 1982 Edition, as published by the Inter-
national Conference of Building Officials and Western Fire Chiefs
Association, including Appendices, the 1982 Uniform Fire Code
Standards and the 1983 Accumulative Supplements to the 1982
Uniform Fire Code, of which not less than three (3) copies have
been or are now on file with the City Clerk of the City of
Tustin, is hereby adopted and incorporated as though fully set
forth herein, save and except portions as are hereinafter
deleted, modified or amended.
5131 ENFORCEMENT;INSPECTIONS
(A) 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.
LB) The Chief of the Fire Department may detail such
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 6f
Chapter 1 of Article 5 shall be guiIty of a misdemeanor 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 the preceding Section is hereby
amended as follows:
1 A.
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Section 2.302 of the Uniform Fire Code is hereby deleted.
Section 2.304 of the uniform Fire Code is hereby added
to read as follows:
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 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 whensoever 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 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 decisionk of the City Council shall be
final.
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.
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.
Section 10.206 of the Uniform Fire Code is hereby
amended to read as follows:
Section 10.206
No person shall place or keep any post, fence, vehicle,
2
3
4
5
6
7
8
9
10
11
13
14
15
16
17
18
19
2O
21
23
25
26
27
28
Em
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 depart-
ment 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 infraction.
Section 10.207 of the Uniform Fire Code is hereby amended
by adding Sections 207(g) and (h):
(g) 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, obstriction 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 in any of the aforementioned areas shall be subject t(
citation for an infraction and/or immediate removal and
storage.
(h) The provisions of this section may be enforced by
the Police Department of the City of Tustin and/or
the Orange County Fire Department.
Section 10.307 of the Uniform Fire Code is hereby amended
by adding subsections (e), (f), (g), (h) and (i) to
read as follows:
(e) Fire Warning Systems
1. Every existing dwelling unit within an apartment
house and every existing guest room in a hotel or lodging
house used for sleeping pUrposes shall be provided with
State Fire Marshal approved smoke detectors. In dwellinc
units, detectors shall be mounted on the ceiling or wall
at a point centrally located in the corridor of area
giving access to rooms used for sleeping purposes. In al
1
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
efficiency dwelling unit, hotel sleeping rooms and in
hotel suites, the detector shall be centrally located
on the ceiling of the main room or hotel sleeping room.
Where sleeping rooms are on an upper level, the
detector shall be placed at the center of the ceiling
directly above the interior stairway. All detectors
shall be located in accordance with approved manufacturer
instructions. When actuated, the detector shall provide
an alarm in the dwelling unit or guest room.
2. Smoke detectors may be battery-operated when
installed in existing buildings, or in buildings without
commercial power.
(f) Installation and Maintenance
1. Hotels - It shall be the responsibility of the
owner to supply, install and maintain all required smoke
detectors. The owner shall be responsible for annual
testing of all required smoke detectors no later than
March 10th of each year and maintaining a written record
of such tests.
2. Apartments - The owner and tenant shall be
responsible as follows:
a. It shall be the responsibility of the owner to
supply, install and maintain all required smoke
detectors and to test them whenever a unit becomes
vacant.
b. The tenant shall be responsible for annual testi~
of all required smoke detectors installed in living
units. Within 60 days of the first day of each year
the owner shall notify each tenant of the annual amok
detector testing requirements.
c. Within 10 days of such testing, and in no event
later than March 10th of each year, each tenant shall
notify the owner, in writing, of the condition of
each required smoke detector installed in the living
unit.
d. Upon receipt of a written notice from a tenant
that a smoke detector is in need of maintenance~ the
owner shall perform such maintenance as is necessary
within 10 days of receipt of such notification.
3 · The'hotel or apartment~owner shall maintain
records of compliance for a period of three (3) years
from March 10th of each'year.
(g) Inspections
Any inspection for compliance may be done concurrent with
1
2
3
4
5
6
7
8
9'
10
11
15
17
18
~0
22 H.
23
24
25
26
27
28
other fire prevention inspections at apartment houses,
efficiency units and hotels. .Inspection for compliance
may be done in accordance with a sampling plan approved
by the Fire Chief.
(h) When there is a sale of an existing Single Family
Residence, the structure shall be provided with smoke
detectors located as required by New Group R, Division 3
Occupancies as required in the Uniform Building Code,
1979 Edition. The Seller is to provide compliance with
this provision. Smoke detectors may be battery operated
when installed in existing buildings.
(i) In all existing Group R, Division 1 Occupancies,
the entire building shall be provided with smoke detector
located as required for New Group R, Division 1 Occupan-
cies.
Section 10.309 of the Uniform Fire Code is amended by
adding subsections (h) and (i) to read as follows:
Section 10.309 (h)
Notwithstanding any other provision contained in Section
10,309, approved automatic sprinkler systems shall be
installed and maintained in accordance with NFPA
standards throughout all buildings or structures, regard-
less of fire separations, with a usable single floor
area of 12,000 square feet or more per single floor or
24,000 square feet on all floors, and/or 55 feet above
grade or containing three or more stores.
Section 10.309(i) Provisions for High-Rise Buildings
Notwithstanding any other provision contained in Section
10,309, the high-rise requirements set forth in the
Uniform Building Code, Section 1807, and Title 24, ·
California Administrative Code, Section 2-1807, shall
apply to all buildings having floors used for human
occupancy located more than 55 feet above/below the
lowest floor level having fire department building access
Section 10.316 is hereby added to-the Uniform Fire Code
to read as follows:
Section 10.316 Buildings Required to Have Approved
Automatic Fire Protection~and Alarm System.
The following described buildings shall be provided with
approved automatic fire detection and alarm system:
(a) Ail new buildings constructed as a non-residential
occupancy exceeding 5,000 square feet of floor area.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Jo
Ke
(b) Existing non-residential buildings which presently do
not exceed 5,000 aquare feet of floor area or to which any
alteration or addition is made and after which such
alteration or addition will exceed 5,000 square feet of
floor area.
(c) Existing non-residential buildings which presently
exceed 5,000 square feet of floor area constructed prior to
the adoption of ordinance No. 746 upon or to which any
alteration or addition is made which would add to the
existing square footage of the building.
Such system shall comply with the requirements of the
National Fire Protection Association and the California
State Fire Marshal's Standards governing installation and
approval of such systems. Arrangements shall be made for
the automatic transfer of fire alarms from the building in
which the fire alarm system is installed to Central
Station in a manner and form acceptable to the Fire Chief.
Section 10.317 is hereby added to the Uniform Fire Code to
read as follows:
All existing conditions which are not in conformance with
the provisions of Sections 10.301-10.316 shall be brought
into conformance upon a change of business, a change in
business license (licensee or business), or change of
owner within the business, licensee or business owner upon
the non-conforming premises.
Section 81.106 (d) of the Uniform Fire Code is hereby
amended to read as follows:
Section 81.106 (d)
(d) The control switches shall be located in a room on
the access roadway side of the building. The room shall
be separated from the remainder of the building by a one
hour fire-resistive occupancy separation in accordance
with the Building Code. An access door shall be provided
in the exterior wall. A smoke control sign of contrasting
background shall be on the exterior access door and shall
be not less than one inch in height.
Section 81.107(a) of the Uniform Fire Code is hereby
amended to read as follows:
Section 81.107(a)
(a) Roof vents and draft curtains shall be installed when
the contiguous area (minimum separation between areas is
60 feet) used for high piled combustible stock exceeds
2,500 square feet.
3
4
5
6
7
8
9
10
11
13
14
15
17
18
10
20
21
22
28'
EXCEPTION: Areas protected by an approved fire
extinguishing system and powered smoke removal systems in
accordance with Sections 81.105 and 81.106.
Section 7 of Appendix ll-A of said fire code is amended and
Sections 24, 25, 26, 27 and 28 are added as follows:
7. Spark arresters required. Every residential dwelling,
including two-family dwellings, lodging houses, hotels,
motels, apartment houses and condominiums in which is
installed any chimney, flue or stovepipe attached to any
fireplace, stove barbecue or other device that burns any
solid or liquid fuel, shall have such chimney, flue or
stovepipe equipped with a spark arrester. A spark arrester
is defined as a device constructed of nonflammable material
12 gauge minimum welded or woven wire mesh, with 1/2 inch
openings, or cast iron plate, 3/16 inch minimum thickness or
other material found satisfactory by the enforcement agency
and having 1/2 inch perforations for arresting burning
carbon or sparks installed in such a manner as to be visible
for the purpose of maintenance.
24. Equipment, Stationary. No person shall use or operate
any motor engine, boiler, stationary equipment, welding
equipment, cutting torches, tar pots, or grinding devices
from which a spark, fire or flame may originate, which is
located on or near any forest-covered land, brush-covered
land, or grass-covered land, without doing all of the
following:
(a) First clearing away all flammable material,
including snags, from the area around such operation
for a distance of 10 feet.
(b) Maintain one serviceable round point shovel
with an overal length of not less than forty-six(46)
inches.
(c) Maintain one pressurized water fire extinguisher,
2-1/2 gallon capacity.
This section does not apply to portable powersaws and other
portable tools powered by a gasoline-fueled internal com-
bustion engine.
25. Equipment Portable. No person shall use or operate or
cause to be operated in such area any portable saw, auger,
drill, tamper or other portable tool powered by a gasoline-
fueled internal combustion engine on or near any forest-
covered land, brush-covered land, or grass-covered land,
within 25 feet from any flammable material, without
providing and maintaining at the immediate locations of use
2
3
4
5
6
7
8
9
10
12
~3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
or operation of said saw or tool, for fire-fighting purposes
one serviceable round point shovel, with an overall length
of not less than forty-six (46) inches. The Chief shall, by
administrative regulation, specify the type and size of fire
extinguisher necessary to provide at least minimum assurance
of controlling fire caused by use of portable power tools
under various climatic and fuel conditions.
The required fire tools shall at no time be farther from the
point of operation of the powersaw or tool than 25 feet with
unrestricted access for the operator from the point of
operation.
26. Equipment, Harvester. Every person is guilty of a
misdemeanor who harvests grain or causes it to be harvested
by means of a combined harvester, header or stationary
threshing machine, or who bales hay by means of a hay press,
or harvests by means of a mechanical harvester other
agricultural crops which are flammable at the time of
harvest, unless he keeps at all times in a convenient place
upon each machine or press, one backpack or pump-type water
extinguisher of not less than four-gallon capacity fully
equipped, filled with water and ready for immediate use, or
one serviceable pressurized water fire extinguisher of 2-2/2
gallon capacity. In addition,, a minimum of at least one dry
chemical multipurpose fire extinguisher of a 2-k rating
shall be provided for equipment protectionm
27. Equipment, Spark Arrestors.
(a) Except as otherwise provided in this section, a
person shall not use or operate any internal combustion
engine which is operated on hydrocarbon fuels on any
forest-covered land, brush-covered land, or
grass-covered lands without providing, and maintain in
effective working order, a spark arrester attached to
the exhaust system. For the purpose of this section,
a spark arrester is a device constructed of nonflamm-
able materials 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 is operated by hydro-
carbon fuels. Motor trucks, truck tractors, buses and
passenger vehicles, except motorcy, cles are not subject
to the provisions of this section if the exhaust system
is equipped with a muffler as defined in the Vehicle
Code.
Spark arresters affixed to the exhaust system of
engines or vehicles, as described in 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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(b) No person shall sell, offer for sale, lease, or
rent to any person any internal combustion engine
subject to the provisions of Section 27(a) 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 the use or operation of the
engine on any forest-covered, brush-covered, or grass-
covered land, without providing, and maintaining in
effective working order, a spark arrester, as defined
in Section 27(a).
28. It is a violation of this ordinance for any person who:
(a) Sells, offers for sale, leases, or rents to any
person any tractor, engine, machine, or truck equipped
with an internal combustion engine that is operated on
hydrocarbon fuels if either:
Se
It is specifically designed for use in harvesting
or moving grain or hay or for use on land covered
with any other flammable agricultural crop, unless
the exhaust system of such engine is equipped with
a spark arrester in effective working order.
It is not specifically designed for any of the
uses described in paragraph 1 but could be used
for any such uses, unless such person provides
written notice to the purchaser or bailee of his
criminal liability for operating it without a
spark arrester in effective working order as
provided in subdivision (b).
(b) Operates or causes to be operated, without
maintaining in effective working order a spark arrester
attached to the exhaust system, any tractor, engine,
machine, or truck equipped with an internal combustion
engine that is operated on hydrocarbon fuels in
harvesting or among grain or hay, or operates, without
maintaining in effective order a spark arrester
attached to the exhaust system, any such equipment or
vehicle on land covered with any other flammable
agricultural crop.
Spark arrester, as used in this section is as defined
in Section 27(a). Spark arresters attached to the
exhaust system of engines on equipment or vehicles, as
described in 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. Motor trucks, truck tractors, buses and
passenger vehicles, except motorcycles, are not subject
1
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
27
28
to the provisions of paragraph 2 of subdividion (a) if
the exhaust system is equipped with a muffler as
defined in the Vehicle Code. (Health and Safety Code
Sec. 13005).
M. Appendix VI B of the Uniform Fire Code is hereby deleted.
Section 2: Special Findings
Pursuant to the provisions of Health and Safety Code Section
17958.7, the City Council of the City of Tustin makes the
following special findings regarding the amendment of Sections
10.309(h) and 10.316 of the Uniform Fire Code, 1982 Edition.
Section 10'.309(h)
Added to the Uniform Fire Code to require installation of
automatic sprinkler systems in certain situations where
they would not be required under the Uniform Building
Code. The City Council has determined that under its
present and proposed future manning allocations and
agreements, once a building exceeds 12,00 square feet, the
fire potential created begins to exceed the capabilities
of the Orange County Fire Department. Therefore, it is
necessary to require a certain level of built-in fire
protection which is provided by automatic fire sprinkler
systems.
Section 10.316
Added to the Uniform Fire Code to require installation of
an approved automatic fire detection and alarm system
which would not otherwise be required by the Uniform
Building Code. The City Council has determined its fire
protection capabilities to be such as to cope with a fire
situation in areas up to 12,000 square feet. However,
this is dependent upon certain factors, one of which is
early detection of fire and notification of suppression
forces. Structures within an area exceeding 5,000 square
feet which are not serviced by automatic sprinklers
present a potential fire hazard which the fire department
has de%ermined would make it crucial that an early
warning, and therefore an early attack, be made on the
fire. The City Council has determined that such automatic
fire detection and alarm systems are necessary in the
designated buildings in order that the Orange County Fire
Department may provide adequate fire protection.
Section 3:
The City Clerk of the City of Tustin is hereby ordered to
file this ordinance with the Department of Housing and Community
Development.
PASSED AND ADOPTED at a regular meeting of the City
10
1
3
4
5
6
7
8
9
10
11
12
13
1,~
15
16
17
18
19
2O
23
25
26
28
Council of the City of Tustin, California, held on the __
of , 1984.
day
ATTEST:
URSULA E. KENNEDY,
Mayor
MARY E. WYNN,
City Clerk
~JTY OF
RECEIVED
ORANGE COUNTY FIRE DEPARTMENT
180 SOUTH WATER STREET
P.O. BOX 86, ORANGE, CALIFORNIA 92666-0086
(714) 538-3551
LARRY J. HOLMS
DIRECTOR OF FiRE SERVICES
CYPRESS
IRVINE
LA PALMA
LOS ALAMITOS
PLACENTIA
SAN JUAN CAPISTRANO
SEAL BEACH
TUSTIN
YORBA LINOA
November 9, 1984
Donald D. Lamm
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, CA 92680
RE: Your correspondence of 10/26/84
Mr. Lamm, your correspondence indicates that Councilman Saltarelli is concerned
about off-duty Fire Department employees soliciting sales of fire protection
equipment and alarm systems. Also that "It was the Councilman's concern that
off-duty employees might misrepresent themselves or be mistaken for acting in an
official capacity." Finally, you asked whether internal policies of the Fire
Department regulate the off-duty activities of its employees.
The Fire Department does not attempt to restrict the activities of its employees
during off-duty hours. If we were to attempt to control what "might" happen,
we would be attempting to regulate an unmanageable scope of personal activity.
A conflict of interest generally does not arise from the type of activity an
individual is engaged in. The conflict usually arises where the individual mis-
uses their official position for personal gain or profit. We hold our employees
responsible and accountable for outside activities that result in a problem.
We handle each matter on a case by case basis and our records indicate we have
had a minimal problem regarding conflict of interest.
During our telephone conversation of 11/7/84, I asked if you or Councilman
Saltarelli had specific information or complaints regarding the activities of
any of our personnel. You indicated that you did not. I would like to state
again that it is imperative that such information be furnished to our office, if
it exists, for us to take appropriate action. It may be of interest that in the
past we have received and investigated complaints from businesses and residents
regarding sales or service people representing a local fire agency. In the
majority of cases, it was found that such persons were not employees of this or
any other fire department. In addition to our own investigation, such cases are
referred both to the local police agency and to the State Fire Marshal's Office.
SMOKE DETECTORS SAVE LIVES
Donald D. Lamm
November 9, 1984
Page 2
I have a concern that this item seems to have arisen from a City Councill
discussion regarding the adoption of the 1982 Uniform Fire Code. There seems
to be no direct correlation between the Code adoption and the issue posed in
your letter. As your City Fire Department, it is our opinion that adoption
of the 1982 Uniform Fire Code is in the best interest of the community by
utilizing the most up-to-date fire safety code possible.
Hopefully, I have been able to answer your questions and clarify the position
of our Department.
Sincerely,
Ken MacLeod
Manager, Support Division
pc: Chief Larry Holms
Bill Huston