HomeMy WebLinkAboutORD FOR INTRODUCTION 05-05-80DATE:
APRIL 29, 1980
No. 1
5-5-80
Inter-Corn
ORDINANCES FOR INTRODUCTION
TO: HONORABLE MAYOR AND CITY COUNCUL
FROM: DAN BLANKENSHIP, CITY ADMINISTRATOR
SUBJECT: ADOPTION OF 1979 UNIFORM FIRE CODE
The attached ordinance adopts the 1979 Uniform Fire Code to replace
our present 1979 Uniform Fire Code. We have been advised that there
are no significant changes between the two codes. This ordinance
will allow the provision of the Uniform Code on the prohibition of
fireworks to stand, which will implement the voters action at the
April 8th election. In the past we have had to amend the Uniform
Fire Codes to permit so called "safe and sane" fireworks since the
Uniform Codes have prohibited them as well.
The County Fire Department is presently reviewing additional pro-
visions such as shake roofs, smoke detectors, and sprinklers in
residential units as increased fire protection measures. These will
be considered at a later date.
RECOMMENDED ACTION:
M. O. - that Ordinance No. 827 have first reading by title only.
M. O. - that Ordinance no. 827 be introduced.
Respectfully Submitted,
Dan Blankenship
City Administrator
DB/bb
LAW OFFICES OF
R &
SUITE IO20
CALIFOJ~NIA FIRST BANK BUILDING
SANTA ANA. CALIFORNIA
April 14, 1980
Mr. J. W. Trotter
Orange County Fire Department
180 South Water Street
P. O. Box 86
Orange, CA 92666
Dear Mr. Trotter:
RE:
ADOPTION OF THE 1979
UNIFORM FIRE CODE
Please find enclosed a copy of an Ordinance drafted
by this office adopting the 1979 Uniform Fire Code and amend-
ing certain portions thereof. The Ordinance which was prepared
by this office used your draft of the form although we did make
changes therein. In the recent election in the City of Tustin,
the electorate authorized the adoption of an ordinance which
prohibits the sale and discharge of fireworks. For that reason
the attached draft Ordinance makes no reference to fireworks.
The City will simply adopt the provisions of the Uniform Fire
Code prohibiting the sale and display of fireworks.
Please review the attached draft and advise this office
of any changes or questions which you may have.
Very truly yours,
ROURKE & WOODRUFF
BY
RLL:lw:D:4/14/80
ROBERT L. LAVOIE
Deputy City Attorney
cc: Dan Blankenship, w/encl. City of Tustin
Mary E. Wynn, w/orig, encl.
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ORDINANCE NO. 827
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA ADOPTING A
UNIFO~4 FIRE CODE PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND
PROPERTY FROM FIRE OR EXPLOSION, AND
ESTABLISHING A BUREAU OF FIRE PREVENTION
AND PROVIDING OFFICER THEREFORE AND DEFIN-
ING THEIR POWERS AND DUTIES, AND ADOPTING
THE 1979 UNIFORM FIRE CODE.
The City CoUncil of the City of Tustin, California, does
ordain as follows:
Section 1: Part 3 Chapter 1 of Article 5 of the Tustin.
CiSy Code, is hereby amended to read as follows:
PART 3 - FIRE CODE
5130 ADOPTION OF THE 1979 UNIFORM FIRE CODE
Pursuant to the provisions of Government Code Sections 10400
et seq. and of Health and Safety Code Sections 17922 et seq.,
subject to the particular additions, deletions, and amendments
set forth herein, the rules, regulations, provisions, and
conditions as set forth in that certain Code entitled "Uniform
Fire Code," recommended by the Western Fire Chiefs' Association
and the International Conference of Building Officials, being
particularly the 1979 edition thereof with appendices A, B, C,
D, E, G, H and I thereof and the whole thereof, three full
printed copies of which, printed as a Code in book form, are
filed in the office of the City Clerk and are open to public
inspection, are hereby referred to and by this reference ex-
pressly incorporated herein and made a part of this section
as.though they were herein fully set forth at length, and
are hereby established and adopted as the rules, regulations,
provisions, and conditions to be observed and followed and
which shall control in the City for safeguarding of life and'
property from the hazards of fire and explosion arising from
the storage, handling, and use of hazardous substances, material,
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and device~, and from conditions hazardous to life and property
in the use ar occupancy of buildings or premises so far as
these rules, regulations and provisions are not preempted by
State and Fe~era! law. Such rules, regulations, provisions,
and ccn~!~ions which are hereby established and adopted shall
be and 5he s~e hereby are desginated and may be known and
referred u~ as the "Uniform Fire Code" of and for the City
of Tustin.
Secticn 5~3t
(a) Tke Unifo=~-m Fire Code shall be enforced by the Orange
County Firm Department which shall be operated under the
supervision of the Chief of the Orange County Fire Department.
(b) Zhe Zhiaf of the Fire Department may detail such members
of the~m='re Department as inspectors as shall be necessary from
time t~ ti~e.
Secticn 5i32
An]~ person who violates any of the provisions of this part
3 of Chequer I of Article 5 shall be guilty of a misdemeanor.
Secticn 5.12~ Additions and Deletions
The Uniform Fire Code adopted by the preceeding section is
hereby ar~nde~ as follows:
k. Section 2.302 of the Uniform Fire Code is hereby
deleted.
B. Section 2.304 of the Uniform Fire Code is hereby'
added t.o read as follows:
I.~enever the Chief of the Fire Department shall
disapprove an application or refuse to grant a
ue~Jt applied for, or when it is claimed that
the provisions of the Code do not apply, or
nhat the true intent and meaning of the Code
~= =='been~=_~ miscontrued or wrongly interpreted,
the applicant may appeal from the decision of
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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 a's being appealed within the ten
(10) day period whensoever a written "Notice of
Appeal" is filed with the Clerk of the Council
within ten (i0) days. Such notice of appeal
shall specify: (1) the substance and par-
ticulars 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 Appel-
lant. Whenever a notice of appeal is filed with
the Clerk, the City Clerk shall set the matter
for hearing at tile earliest 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 mailing
such notice to the address shown on the "Notice
of Appeal." Ail decisions of the City Council
shall be final.
C. Section 9.129 of the Uniform Fire Code is hereby
added to read as follows:
Section 9.129 Definitions
1. Whenever the wording "jurisdiction" is used in
the Uniform Fire Code, it shall mean the City of
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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.
D. Subsection 7 is added to Subsection (b) of Section
10.309 to read as follows:
7. Notwithstanding any other provision contained
in section 10.309, approved automatic sprinkler
systems shall be installed and maintained in accord-
ance with the N.F.P.A. standards throughout all
buildings or structures, regardless of fire sep-
arations, 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 stories.
E. Section 10.313 of the Uniform Fire Code is hereby
amended by the addition thereto of a third paragraph to
read as follows:
All existing conditions which are not in conformance
with the provisions of this section shall be brought
into conformance upon this change of business, busi-
ness license (licensee or business), or owner change
within the business, licensee or business owner
upon the non-conforming premises.
F. Section 10.314 of the Uniform Fire Code is hereby
added to read as follows:
Section 10.314 the following'described
buildings shall be provided with an approved
automatic fire detection and alarm system:
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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 alter-
ation 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 require-
ments of the National Fire Protection Assoc-
iation and the California State Fire Marshal's
Standards governing installation and approval
of such systems. Arrangments shall be made
for the automatic transmission of fire alarms
from the building in which the fire alarm
system is installed to Central Station in a
manner and form acceptable to Fire Chief.
Section 2. Special Findings
Pursuant to the provisions of Health and Safety Code
17958.7, the City Council of the City of Tustin makes the
following special findings regarding the amendment of Sections
10.309 (b) and 10.314 of the Uniform Fire Code, 1979 Edition.
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III
A. Section 10.309 (b) was 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 Fire Code. The City
Council has determined that under its present and
proposed future manning allocations and agreements
once a building exceeds 12,000 square feet, the fire
potential created begins to exceed the capabilities
of the City of Tustin Fire Department. Therefore, it
is necessary to require a certain level of built in
fire protection which is provided by automatic sprinkler
systems.
B. Section 10.314 has been added to the Uniform Fire
Code to require installation of an approved automatic
fire detection and alarm system which would not other-
wise be required by the Uniform Building Code. The
City Council has determined its fire protection capa-
bilities 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
determined 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 City of Tustin
Fire Department may provide adequate fire protection.
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Section 3.
The City Clerk of the City of Tustin is hereby ordered
to file this ordinance with the Department of Housing and Com-
munity Development.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tushin, California, held on the
day of , 1980.
NL~YOR
ATTEST:
CITY CLERK
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