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HomeMy WebLinkAboutORD 1042 (1990) ORDINANCE NO. 1042 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN REPEALING SPECIFIED SECTIONS OF ARTICLE 5 OF 3 THE TUSTIN CITY CODE AND ADOPTING THE UNIFORM FIRE CODEAND UNIFORM FIRE CODE STANDARDS, 1988 EDITIONS, 4 WITH AMENDMENTS THERETO AND THE UNIFORM FIRE CODE 1989 SUPPLEMENT AS THE FIRE PROTECTION REGULATIONS 5 OF THE CITY OF TUSTIN The City Council of the City of Tustin does hereby ordain as follows: 7 Section 1: Part 3 of Chapter 1 of Article 5 of the Tustin City Code is hereby repealed in its entirety, and a new Part 3, 8 Chapter 1, Article 5 is hereby added in its place thereof to read as follows: 9 ~0 PART 3 5130 ADOPTION OF THE 1988 UNIFORM FIRE CODE The Uniform Fire Code, 1988 Edition, as published by the International Conference of Building Officials and Western Fire Chiefs Association, including Appendices I through VI-A, EXCLUDING APPENDIX II-E, the 1988 Uniform Fire Code Standards and the 1989 Accumulative Supplements to the 1988 UniformFire 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 ENFORCEMENT; INSPECTIONS A. The Uniform Fire Code shall be enforced by the 20 Orange County Fire Department which shall be operated under the supervision of the Chief of the Orange County Fire Department. 2] ~ B. The Chief of the Fire Department may detail such members of the Fire Department as Inspectors as shall be 23 necessary from time to time. ' 5132 VIOLATIONS 25 Any person who violates any of the provisions of this 26 Part ~ of Chapter 1 of Article 5 shall be guilty of a misdemeanor and each such person shall be deemed guilty of a Ordinance No. 1042 Page 2 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 1988 Uniform Fire Code adopted by Section 5130 is hereby amended as follows: A. Section 2,303 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 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 decision~ of the City Council shall be final." Ordinance No. 1042 Page 3 2 3 B. Section 9.129 is added to the Uniform Fire Code to read 4 as follows: 5 "1. Whenever the word "jurisdiction" is used in the Uniform Fire Code, it shall mean the City of 6 Tustin. 7 2. Whenever the term "corporation counsel" is used in the Uniform Fire Code, it shall mean the City 8 Attorney of the City of Tustin. 9 3. Whenever the words "Chief of the Bureau of Fire Prevention" are used in the Uniform Fire Code, it 20 shall mean the Fire Marshal." ~ C. Section 10.206(a) of the Uniform Fire Code is hereby amended to read as follows: "(a) General. 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 3 foot clear space shall be maintained around the circumference of the fire hydrant except as otherwise required or approved by the Chief. A violation of this section constitutes an infraction." ~9 D. Section 10.207(k) of the Uniform Fire Code is hereby amended to read as follows: 20 "(k) Obstruction. The required width of any fire 2] apparatus access road or fire lane shall not be obstructed in any manner, including parking of 22 vehicles.Minimum required widths and clearances established under this section shall be maintained at all 23 times. · 24 A violation of this section constitutes an infraction and any vehicle parked or any object placed in violation of 25 this SeCtion shall be subject to immediate removal and storage pursuant to law. E. Section 10.207 is hereby amended by adding subsections 27 (m) and ~n) to read as follows: Ordinance No. 1042 Page 4 2 3 "(m) Fire lanes, accessways and roadways - parking 4 prohibited. 5 No person shall park any vehicle or place any object in any fire lane, clearly designated as such by NO PARKING 6 signs and/or other appropriate notice, or park or place any object, obstruction or vehicle in, on or across an 7 established or designated exit, driveway, alleyway or access road, whether public or private, in such manner 8 as to hamper the movement of any emergency vehicles and equipment in the event of fire or other emergency. This 9 prohibition applies to, but is not limited to, areas in and about any church, hospital, assembly hall, lodge ~0 hall, school, hotel, motel, condominium, apartment building, theater, industrial complex, motion picture ~2 theater, stadium, shopping center, restaurant, tent, or other place of public assembly, whether open or closed. 22 Any vehicle parked or any object placed in a fire lane or any of the aforementioned areas shall be subject to ~3 citation for an infraction and/or immediate removal and storage pursuant to law. (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." F. Section 10,208(a) of the Uniform Fire Code is hereby ~7 amended to read as follows: 28 "(a) General. Approved numbers or addresses shall be placed on all new and existing buildings in such a ~9 position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall 20 contrast with their background. Any commercial building occupied by more than one business shall have numbers or 22 addresses placed on or immediately adjacent to all doors that would allow fire department access in an emergency 22 situation. 23 Multiple dwelling units (i.e., apartments, condominiums, townhouses, etc.) having entrance doors not visible from · 24 the street or road shall have approved numbers grouped for all dwellings within each structure and positioned 25 so as to be plainly visible from the street or road. Said numbers may be grouped on the wall of the structure 28 o~ on a substantial mounting post independent of the structure." 27 G. Section X0.301(a) of the Uniform Fire Code is hereby Ordinance No. 1042 Page 5 2 3 amended to read as follows: "(a) Type Required. The chief shall designate the type 5 and number of fire appliances to be installed and maintained in and upon all buildings and premises in the 6 jurisdiction other than private dwellings of less than 3600 square feet in total floor area. This shall be done 7 according to the relative severity of probable fire, including the rapidity with which it may spread. Such 8 appliances shall be of a type suitable for the probable class of fire associated with such building or premises 9 and shall have approval of the chief." ~0 H. Section 10.305(b) of the Uniform Fire Code is hereby amended to read as follows: "(b) Approvals. All fire-extinguishing systems, ~2 including automatic sprinkler systems, Classes I, II and III combined standpipes, Halon systems and other special ~3 automatic extinguishing systems, and basement pipe inlets shall be approved and shall be subject to periodic tests ]4 as may be required. A condition of approval of all Halon systems shall be satisfactory passage of a full discharge ~5 test utilizing an approved test gas, or other test procedure as approved by the chief, prior to final ~6 acceptance of the system. The location of all fire department hose connections shall be approved by the ~7 chief." ~8 I. Section 10.306(b) of the Uniform Fire Code is hereby amended by adding subsection 5. ]9 "5. In all new buildings or structures when the gross 20 square footage thereof exceeds 6,000 square feet or more than two (2) stories in height. EXCEPTION: Open parking structures, B-3 occupancy. For the purposes of this section, area separation walls 23 shall not define separate buildings." ' 24 J. Section 10.306(h) of the Uniform Fire Code is hereby amended to read as follows: 25 "(h) Group R Occupancies. 1. An automatic sprinkler system shall be installed 27 throughout every apartment house three or more stories in height or containing more than 15 1 Ordinance No. 1042 Page 6 2 3 dwelling units, and every hotel three or more ~ stories in height or containing 20 or more guest rooms. Residential or quick-response standard 5 sprinkler heads shall be used in the dwelling unit and guest room portions of the building. 2. All other Group R Occupancies containing three or 7 more dwelling units or guest rooms, shall have an approved modified automatic sprinkler system 8 installed. 9 For the purposes of this section, area separation walls shall not define separate buildings." 10 K. Section 10,308 of the UniformFire Code is hereby amended 11 to modify subsection 2 to read as follows. ]2 "2. Sprinklers shall not be installed when the application of water or flame and water to the ]3 contents may constitute a serious life or fire hazard. Other fire extinguishing systems compatible ]4 with the hazardous materials being stored or used, and approved by the chief shall be provided." L. Section 10.309(b) of the Uniform Fire Code is hereby ]0 amended to read as follows. ]7 "b. Where Required. Standpipe systems shall be provided as set forth in Table No. 10.309. EXCEPTION: Every new building with any horizontal 19 dimension greater than 300 feet, shall be provided with either access doors or hose outlets located so that all 20 portions of the building can be reached with 150 feet of hose from an access door or hose outlet. 2] Access doors: Access doors shall be in the exterior wall 22 of the building accessible without the use of a ladder, and not less than 3 feet in width nor less than 6 feet 23 8 inches in height. 24 Hose outlets: The hose outlets shall be 2 1/2" in size with an approved valve. The water supply for the hose 25 outlets shall be supplied as follows: 26 1~ By a separate main from the system side of the check valve at the fire department connection, or 27 2. From an adjacent section of the sprinkler system 28 . 1 Ordinance No. 1042 Page 7 2 3 arranged to allow the hose outlets to deliver water 4 when the sprinkler system, or portion of the system that protects the area served by the hose outlet, 5 is shut off. 6 The water supply shall be sized to deliver a minimum of 250 gpm. at 65 psi. from the hydraulically most 7 remote hose outlet and 250 gpm. (flowing) from each additional outlet up to a maximum of 500 gpm. 8 (flowing) when the fire department connection is pumped at a pressure not to exceed 150 psi." 9 M. Section 10.314 of the Uniform Fire Code is hereby added 10 to read as follows: 11 "Section 10.314. When breathing apparatus is required by this code, the type of apparatus, the maintenance of 12 said apparatus and the training in the use of said apparatus shall be as requiredlin California Code of 13 Regulations Title 8, Section 5144." 14 N. Section 10.315 of the Uniform Fire Code is hereby added to read as follows: "Section 10.315 (a). Scope - In addition to other 10 applicable requirements of these regulations, Sec. 2-1807 of C.C.R., Title 24 and Sec. 1807 of the Uniform Building 17 Code, the provisions of this section shall apply to every new building of any type of construction and/or occupancy 18 having an area where the public might gain access to await rescue, located more than 55 feet above the level 19 of Fire Department Vehicle access. Such buildings shall be provided with an approved automatic sprinkler system 20 in accordance with Section 1807(c)". 2] EXCEPTION: The following structures, while classified as high- rise buildings, shall not be subject to the 22 provisions of this section but shall conformto all other applicable provisions of these regulations. 23 1. Buildings used exclusively as open parking 24 garages. 25 2. Buildings where all floors above the 55-foot level are used exclusively as open parking 28 o-. garages. 27 3. _~ Floors of buildings used exclusively as open parking garages and located above all other Ordinance No. 1042 Page 8 floors used for human occupancy. 4. Buildings such as power plants, lookout towers, steeples, grain houses and similar structures with noncontinuous human occupancy, when so determined by the enforcing agency. (b) The provisions of the Uniform Building Code Section 1807(b) through 1807(k) shall apply to buildings described in Section 10.315(a). (c) In addition to the requirements of the Uniform Building Code Section 1807(f), the Central Control Station shall include the following: 1. Fire pump status panel and controls. 2. Cabinet containing labeled emergency access and elevator control keys. (Type of cabinet and number of keys to be approved by the chief.) 3. Cabinet containing 8 portable firefighter phones and one headset with sufficient cord to reach all portions of the room. 4. One 3' by 4' table and one chair. 5. Plans of the building showing all fire and life safety systems, fire resistive separations, on site water system. 6. The door to the building control room shall be openable by a key approved by the chief. 7. The Central Control Station shall be separated from the remainder of the building by not less than 1 hour fire resistive construction with all openings protected by assemblies having a fire resistive rating of not less than 45 minutes. (d) Fire Alarm System 1. The fire alarm system shall include visual indicators for the hearing impaired, in all o-- public areas of the building including but not limited to elevators, elevator lobbies, rest _ rooms, corridors, exit stairways, rooms & tenant spaces exceeding 1000 square feet in .-,,~ Ordinance No. 1042 Page 9 area. 2. All smoke detectors connected to the alarm system shall have a light that indicates the status of the detector. When a detector is located in a space above a drop ceiling, the indicating light shall be located on or below the ceiling grid. 3. The activation of any detection device connected to the alarm system shall cause the alarm to be sounded on the floor that the activating device is on as well as the floor above and the floor below the activating device where these floors exist. (e) Emergency evacuation facility. 1. The roof area shall include an emergency evacuation facility for helicopters of not less than 12000 pounds gross weight. This facility shall have a touchdown pad of at least a 50 foot diameter and be surrounded on all sides by a clear area having a minimum average width at roof level of 15 feet but with no width less than 5 feet. 2. The landing pad shall be designed per Uniform Building Code Section 2308(c). Helicopter landing areas and supports therefor on the roof of a building shall be of noncombustible construction. 3. The emergency evacuation facility shall have two approach-departure paths at a slope of no greater than 8 to 1. 4. Any helicopter use of this helistop other than as an emergency evacuation facility shall require prior FAA, Building, and Fire Department approval. (f) Enclosed Stairways. All required enclosed stairways shall be equipped with a barometric dampered relief opening at the top and the stairway supplied mechanically with sufficient air to discharge a minimum of 2500 cubic feet per minute through the relief opening while m~ntaining a minimum positive pressure of 0.15-inch water column in the stairway relative to 1 Ordinance No. 1042 Page 10 2 3 atmospheric pressure with all doors closed. Activation 4 of the mechanical equipment shall be in accordance with Uniform Building Code Section 3310(g) 6." O. Section 10.316 of the Uniform Fire Code is hereby added 6 to read as follows: 7 "Section 10.316. Buildings Required to Have Automatic Fire Detection and Alarm Systems. 8 (a) All new buildings not having an automatic fire 9 sprinkler system, constructed as a nonresidential occupancy exceeding 6,000 square feet of floor area, 10 shall have an approved automatic fire detection and alarm system installed. 11 EXCEPTION: Open parking structure - B-3 occupancy. 12 (b) Existing non-residential buildings not otherwise 13 required to have a fire detection and alarm system, shall have an approved automatic fire detection and alarm 14 system installed when any addition or alteration is made to said building which causes the total area of the 15 building to exceed 6000 square feet. 16 Such system shall comply with the requirements of a Class I Type C system as defined in Appendix III-C of the 17 Uniform Fire Code, and be previously approved and listed by the California State Fire Marshal pursuant to Article 18 1.5, Subchapter 1, Chapter 1, Title 19, California Code of Regulations." 19 P. Section 11,111 of the Uniform Fire Code is hereby amended 20 to read as follows: 21 "Every new building in which is installed any chimney, flue or stovepipe attached to any fireplace, stove, 22 barbecue or other device that burns any solid fuel, shall have such chimney, flue or stovepipe equipped with a 23 spark arrester as required for incinerators in Section 11.105(d)." Q. Section 11.201(d) of the Uniform Fire Code is hereby 25 amended to read as follow: 28 "d) Dumpster and Container Location. Dumpsters and containers with an individual capacity of 1.5 cubic 27 yards(40.5 cubic feet) or greater shall not be stored in building~ or placed within 5 feet of combustible walls, ., Ordinance No. 1042 Page 11 openings or combustible roof eave lines. EXCEPTION: Areas containing dumpsters or containers protected by an approved automatic sprinkler system. The fire sprinkler head(s) installed to cover the dumpsters or containers, shall be of the automatic flow control type." R. Section 14.104 of the UniformFire Code is hereby amended by adding subsection (f). to read as follows: "f) Every existing dwelling unit used for sleeping purposes shall be provided with smoke detectors installed in accordance with U.B.C. Section 1210(a). Smoke detectors may be battery operated when installed in existing buildings, or in buildings without commercial power. It shall be the responsibility of the owner to supply, install and maintain all required smoke detectors. The owner shall be responsible for annually testing all required smoke detectors." S. Section 79.501 of the UniformFire Code is hereby amended to read as follows: "(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 khan 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." T. Section 79.1206 of the Uniform Fire Code is amended by adding Section 79.1206(d) to read as follows: "d) Any vehicle parked in violation of Sections 79.1206 (a) or (b) shall be subject to an infraction citation." 1 Ordinance No. 1042 Page 12 2 3 U. Sections 24, 25, 26 and 27 of Appendix II-A of the 4 Uniform Fire Code are hereby added to read as follows: "24. USE OF EQUIPMENT (a) Except as otherwise provided 6 in this section, no person shall use, operate, or cause to be operated, in upon or adjoining any hazardous fire 7 area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with 8 a spark arrester as defined in subsection (c) maintained in effective working order, or the engine is constructed, 9 equipped and maintained for the prevention of fire pursuant to Section 24 (c). 10 (b) Spark arresters affixed to the exhaust system of 11 engines or vehicles subject to this section shall not be placed or mounted in such a manner as to allow flames 1~ or heat from the exhaust system to ignite any flammable material. 13 (c) A spark arrester is a device constructed of 14 nonflammable material specifically for the purpose of removing and retaining carbon and other flammable 15 particles over 0.0232 of an inch in size from the exhaust flow of an internal combustion engine that uses 10 hydrocarbon fuels or which is qualified and rated by the United States Forest Service. 17 (d) Engines used to provide motive power for trucks, 18 truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the 19 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 21 if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and 22 the turbocharger is in effective mechanical condition. 23 25. No person shall sell, offer for sale, lease, or rent to any person any internal combustion engine subject to 24 the provisions of Section 24 and not subject to the provisions of Section 13005 of the Health and Safety 25 Code, unless he provides a written notice to the purchaser or bailee, at the time of sale or at the time 20 of entering into the lease or rental contract, stating that it is a violation of the Uniform Fire Code to use 27 or operat_ethe engine in upon or adjoining any hazardous fire area, unless the engine is equipped with a spark Ordinance No. 1042 Page 13 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. 26. 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. 27. FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION This section shall apply to any new building to be built or installed in a hazardous fire area. (1) A Fuel Modification Plan shall be approved by the chief prior to the issuance of a grading permit. (2) The Fuel Modification shall be approved by the chief prior to the issuance of a building permit. (3) The Fuel Modification may be modified if conditions affecting the requirements for the plan change. Any modification of the plan shall be approved by the chief. (4) All elements of the Fuel Modification shall be maintained in accordance with the approved plan." Section 2: Severability of the parts of this ordinance and the adopted codes. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Ordinance and the adopted Codes are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional by the valid judgement oar decree of court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance and the adopted Codes. Section 3: This Ordinance shall be in full force and effect thirty days after its passage and the City Clerk shall certify to the passage and adoption of this Ordinance by the City 1 Ordinance No. 1042 Page 14 2 3 Council of the City of Tustin and shall, within fifteen (15) 4 days after its final passage post a certified copy of the full text of the Ordinance at City Hall and cause a summary of the 5 Ordinance to be published once in the Tustin News. a newspaper of general circulation which is hereby designated for that 6 purpose. 7 PASSED AND ADOPTED at a regular meeting of the ' Council of the city of Tustin held on the 5th day of 8 February , 1990. 9 12 Mayor ~5 Cit~EC~k 17 ]8 20 2] 23 25 27 - City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1042 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 four; that the above and foregoing Ordinance No. 1042 was duly and regularly introduced and read at a regular meeting of the City Council held on the 15th day of January, 1990, and was given its second reading and duly passed and adopted at a regular meeting held on the 5th day of February, 1990, by the following vote: COUNCILMEMBER AYES: Edgar, Kennedy, Kelly, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Valerie Whiteman, Acting Chief Deputy City Clerk for Mary E. Wynn, City Clerk