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HomeMy WebLinkAboutORD 0997 (1988) ORDINANCE NO. 997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 4 OF TUSTIN REPEALING SPECIFIED SECTIONS OF ARTICLE 5 OF THE TUSTIN CITY CODE AND ADOPTING THE 5 UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS, 1985 EDITIONS, WITH AMENDMENTS THERETO AND THE UNIFORM 6 FIRE CODE 1987 SUPPLEMENT AS THE FIRE PROTECTION REGULATIONS OF THE CITY OF TUSTIN ? 8 The City Council of the City of Tustin does hereby ordain as follows: 9 ]0 Section 1: Part one and Part three of Chapter one of Article five of the Tustin City Code are repealed in ]] their entirety, and a new Part three, Chapter one, Article five is hereby added in place thereof to read as ]2' follows: PART 3 4 5130 ADOPTION OF THE 1985 UNIFORM FIRE CODE The Uniform Fire Code, 1985 Edition, as published by 5~ the International Conference of Building Officials and ]O Western Fire Chiefs Association, including Appendices I through VI-A, the 1985 Uniform Fire Code Standards and the ]7 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 ]9 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 2(II hereinafter deleted, modi'fied or amended. 22 5131 ENFORCEMENT; INSPECTIONS (A) The Uniform Fire Code shall be enforced by the Orange 24 County Fire Department which shall be operated under the supervision of the Chief of the Orange County 25 Fire Department. 26 (B) The Chief of the Fire Department may detail such 27 ORDINANCE NO. 997 PAGE NO. 2 2 members of the Fire Department as Inspectors as Shall be necessary from time to time. 3 5132 VIOLATIONS 4 Any person who violates any of the provisions of this 5 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 6 separate offense for each and every day or portion thereof during which any violation of any of the provisions of this 7 Code is committed, continued or permitted. The application of this penalty shall not be held to prevent the enforced 8 removal of prohibited conditions. 9 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 ]2 amended to read as follows. ~3 Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit ~4 applied for, or when it is claimed that the provisions of the Code do not apply, or that the true intent and ~5 meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision ]G of the Chief of the Fire Department, or the Chief of the Bureau of Fire Prevention,. to the City Council within ~7 ten (10) days from the date of the decision being appealed. A decision shall be considered as being ~8 appealed within the ten (i0) day period whenever a written "Notice of Appeal" is filed with the City Clerk ]9 within ten (10) days. Such Notice of Appeal shall specify: 20 21 41) The substance and particulars of the decision being appealed; (2) The date of the decision; and 23 (3) Shall be signed by the Appellant or his duly 24 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 ORDINANCE NO. 997 PAGE NO. 3 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 mail to the address shown on the "Notice of Appeal." All decisions of the City Council shall be final. (B) 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. 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. (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 Ito 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): ORDINANCE NO. 997 PAGE NO. 4 (m) Fire lanes, accessways and roadways - parking prohibited. No person shall park any vehicle or place any object in any fire lane, clearly designated as such by NO PARKING signs and/or other appropriate notice, or park or place any object, obstruction or vehicle in, on, or across an established or designated exit, driveway, alleyway or access road, whether public or private, in such manner as to hamper the movement of any emergency vehicles and equipment in the event of fire or other emergency. This prohibition applies to, but is not limited to, areas in and about any church, hospital, assembly hall, lodge hall, school, hotel, motel, condominium, apartment building, theater, industrial complex, motion picture theater, stadfum, 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 Fire code is hereby amended to read as follows: 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 ORDINANCE NO. 997 'PAGE NO. 5 ,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. 5 (G) Section 10.315 of the Uniform Fire Code is hereby added to read as follows: "7 SectiOn 10.315 The high rise requirements set i, forth in the Uniform Building Code, Section 1807~ ~8 shall apply to all buildings having floors used for human occupancy located more than 55 feet above or 9 below the lowest floor level having building access by the Fire Department. l0 ]] (H) Section 10-316is hereby added to the Uniform Fire Code to read as follows: SectiOn 10.316 Buildings Required to Have Approved Automatic Fire Detection and Alarm System. ]4 (a) All new buildings not hawing an automatic fire sprinkler system, constructed as a non- residential occupancy exceeding 5,000 square feet bf' floor area, shall have an approved automatic fire detection and alarm system installed. ]g (b) Existing non-residential buildings not otherwise required to have a fire detection and alarm system, ]9 shall have an approved automatic fire detection and alarm system installed when any addition or 20 alteration is made to said building which causes the total area of the building to exceed 5000 square 21 feet. 22 Such system Shall comply with the requirements of a Class I Type C system as defined in Appendix III-C of 23 the Uniform Fire Code, and be previously approved and listed by the California State Fire Marshal pursuant 24~ to Article 1.5, Subchapter 1, Chapter 1, Title 19, California Administrative Code. 2G (I) Section 11.111 of said Uniform Fir'e Code is hereby amended to read as follows: ORDINANCE NO. 997 PAGE NO. 6 f~ 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) Section 61,106(C) of said Uniform Fire Code is hereby amended to read as follows. Sec 61.106(C) Where Permitted. The use of listed portable unvented oil-burning heating appliances shall be limited to supplemental heating in Groups B and M Occupancies. EXCEPTION: Upon approval of the chief, portable un- venEed oil-burning heating appliances may be permitted in any occupancy during the construction process when such use ~s necessary for the construction and the use does not represent a hazard to life or property. (K) SectiOn 79,$01 of said Uniform Fire Code is hereby amended to read as follows: Section 79.501(a) The storage of Class I and Class II flammable liquids in above ground tanks outside of buildings, is prohibited except in Planned Industrial Districts and Industrial Districts as identified in Part 4 Chapter 2 of Article 9 of the Tustin City Code. (b) Class I and Class II flammable liquid tanks allowed in Section 79,501(a) shall be of less than 1000 gallons capacity and shall be located no less than 100 feet.from any. property line or_ building of other than a Group M Division 1 occupancy. EXCEPTION: The temporary use of above ground tanks is allowed for the storage of Class I and Class II liquids as permitted in Division X of Article 79 of The Uniform Fire Code as adopted by section 5130. (L) Section 79.1206 of said Uniform Fire Code is hereby amended by adding Section 79.1206(d) to read as follows: Section 79.1206(d) Any vehicle parked in violation ORDINANCE NO. 997 PAGE NO. 7 2 of Sections 79.1206 (a) or (b) shall be subject to' an infraction citation. 3 (M) SectiQn 12 QfAppendix II-A of said Uniform Fire Code is 5 hereby amended to read as follows: 6 12. OPEN FLAME DEVICES 7 (a) No person shall operate or use any device, machine, or process including but not limited to 8 a welding or cutting torch, tar pot, decorative torch, grinder, or any other device liable to 9 start or cause fire in or upon any hazardous fire area, except by the authority of a written permit ~0 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, ]2 brush-or foresE-covered areas. ~3 (b) The person or persons using such equipment or devices shall maintain one serviceable round ]4 point shovel with an overall length of not less than forty-six inches and-one pressurized or ~5 pump type of fire extinguisher of at least 2 1/2 gallon capacity fully equipped and ready ]O for use at the immediate area' during the operation of such equipment or devices. i!t (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 9. hazardous fire area. This section shall not apply to or restrict the proper use of fusees 20 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: 23 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 ORDINANCE NO. 997 PAGE NO. 8 1 engine is equipped with a spark arrester as 2 defined in sUbsection (c) maintained . effective working order, or the engine is ' 3 constructed, equipped' and maintained for the prevention of fire pursuant to Section 24 (c). · (b) Spark arresters affixed to the exhaust 5 system of engines or vehicles subject to this section shall not be placed or mounted in such 6 a manner as to allow flames or heat from the exhaust system to ignite any flammable 7 material. 8 (c) A spark arrester is a device constructed of nonflammable material specifically for the 9 purpose of removing and retaining carbon and other flammable particles 'over 0.0232 of an ]0 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. ]2 (d) Engines used to p~ovide motive power for ~3 trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not-subject ]4 to this section if the exhaust system is =' equipped with a muffler as defined in the 1~ Vehicle Code of the State of California. ]8 (e) Turbocharged engines are not subject to this section if all exhausted gases pass 17 through the rotating turbine wheel, there is no exhaust bypass to' the atmosphere, and the turbocharger is in effective mechanical ]8 condition. i9 20 (0) Section 25 0f Appendix II-A of said Uniform'Fire Code ~ is hereby added to read as follows: 2] No person shall sell', offer for sale, lease, or rent to any person any internal combustion 22 engine subject to the provisions of Section 24 and not subject to the provisions of Section 23 13005 of the Health and Safety Code, unless he provides a written notice to the purchaser or 24 bailee, at the time of sale or at the time of entering into the lease or rental contract, 25 stating that it is a violation of the Uniform 26 Fire Code to use or operate the engine in upon ORDINANCE NO. 997 PAGE NO. 9 ') or adjoining any hazardous fire area, unless the engine is equipped with. a spark arrastar, 3 as defined in . Section 24, maintained in effective working order or the engine is 4 constructed, equipped, and maintained for the prevention of fire pursuant to Section 26. 6 (P) Section 26 of APpendix I~-A of said Uniform Fire Code is hereby added to read as follows: e No person shall use, operate, or cause to be 8 operated in upon or adjoining any hazardous fire area any handheld portable, multiposition, 9 internal-combustion engine manufactured after June 30, 1978, which is operated on hydrocarbon 30 fuels, unless it is constructed and equipped and maintained for the prevention of fire in 3] accordance with Section 4443 of the Public Resources Code of the State of California. 13 Sectton 2: Spectal Ftndtn~/s _ 14 Pursuant to the prov~sYons of Health and Safety Code Section 17958.7, the CYty CouncY1 of the CIty of TustYn-makes the followYng 35 special fYndYngs regardYng the additYon of Section 10,315 and the ]6~ amendments to SectYons 10,308 and 11,111 of the Uniform Fire Code, 1985 EditYon. 37} Sectton 10,308 ]~ SubsectYons (b)5 and (h) have been added to .Section 10,308 to the UnYform Fire Code to require Ynstallation of automatYc sprink]er ]9 systems In hotels, apartment houses, convents and monasterYes where they would not be required to be installed under the Uniform Building 20 Code SectYon 3802. Such Ynstal]atlon ~s hereby found to be reasonably necessary due to the loca] conditions for housing set forth 2] below. 22 Section 10,315 -. 23 Section 10,315 has been added to" the Uniform'Fire Code to require that certaYn high rise buY]dYngs be provided with either. an. approved 24 automarY c spry nkl er system or safe areas of refuge ~ n certai n situations which woutd not otherwise be required by the Uniform 25 BuildTrig Code Section 1807. Such requirements are found to be. reasonab]y necessary due to the loca] conditions for' housing set forth 26 below. 27 28 ] Ordinance No. 997 2 Page ten G Section 11. 111 '7 Section 11.111 of the Untform Fire Code has been amended to require the installation of a spark artester on chimneys, flues and 8 stove pipes in certain situations where they would not be required under the Uniform Butldtng Code and the Uniform P4echantcal Code. Such 9 requirements are found to be reasonably necessary due to the local conditions for housing set forth below. 10 13 The-local conditions requiring the amendments and additions to the Uniform Fire Code are as follows: 32 1. Climatic Conditions: Hot, dry Santa Ana winds are common in 33 the City of'Tustin and Orange County. The installation of spark artesters on chimneys, flues'and stove pipes will help reduce the 14 number of roof fires that can be spread by such winds. Small fires originating in high density housing spread rapidly and create the need 15 for an increased level of on-site fire protection. The added ]G 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 IT safety of multiple occupancy occupants during fires. 18 2. Geography and Topography: From time to time, traffic congestion in the City 6'f Tustin delays fire department response to 1{) fires. This condition makes the need for automatic on-site protection for property occupants necessary. 20 3. Geography and Topography: Placement of multiple occupancy 2I buildings, location of arterial roads, and fire department staffing constraints due to revenue-limiting State Legislation have made it 22 difficult f. or the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire companies and 23 personnel to control fires in high density apartment or condominium buildings, making the need for on-site automatic fire sprinkler 24 systems and areas of refuse necessary. 25 2G 27 28 1 Ordinance No. 997 2 Page eleven 3 Section 3: G The City Clerk of the City of Tustin is hereby ordered to file 7 this Ordinance with the Department of Housing and~ Community Development. , 8 ~ PASSED AND ADOPTED at a regular meeting of the City :Council of 9 the City of Tustin, California, held on the 5th day of July 1988. ' ..... , 10 1G - 19 ~~ 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) 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 five; that the above and foregoing Ordinance No. 997 was duly and regularly introduced and read at a regular meeting of the City Co~il held on the 16th day of May, 1988, and was given its second reading and duly passed and adopted at an adjourned regular meeting held on the 5th day of July, 1988, by the following vote: AYES : COUNCILPERSONS: Kennedy, Edgar, Kelly, Prescott NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: Hoesterey Summary Pri nt'ed Tusti n News:" April 14, 1988 and July 14, 1988