HomeMy WebLinkAboutORD 0919 (1984)] ORDINANCE NO. 919
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, ADOPTING THE 1982
3 UNIFORM FIRE CODE, WITH CERTAIN AMENDMENTS
4 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
6 Code is amended to read as follows:
7 PART 3
8 5130 ADOPTION OF THE 1982 UNIFORM FIRE CODE
9 The Uniform Fire Code, 1982 Edition, as published by the Inter-
national Conference of Building Officials and Western Fire Chiefs
]0 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
]2 Tustin, is hereby adopted and incorporated as though fully set
forth herein, save and except portions as are hereinafter
~3 deleted, modified or amended.
]4 5131 ENFORCEMENT;INSPECTIONS
~5 (A) The Uniform Fire Code shall be enforced by the
Orange County Fire Department which shall be operated under the
]6 supervision of the Chief of the Orange County Fire Department.
]7 (B) The Chief of the Fire Department may detail such
members of the Fire Department as Inspectors as shall be
]8 necessary from time to time.
]9 5132 VIOLATIONS
20 Any person who violates any of the. provieions of this Part 3 6f
Chapter 1 of Article 5 shall be g~ufltyI' of a misdemeanor and each
2] such person shall be deemed guilty of a separate offense for each
and every day or portion thereof during which any violation of
22 any of the provisions of this Code is committed, continued or
permitted.' The application of this penalty shall not be held to
23 prevent the enforced removal of prohibited conditions.
24 5133 AMENDMENTS
25 The Uniform Fire Code adopted by the preceding Section is hereby
amended as follows:
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27
28
] A. Section 2.302 of the Uniform Fire Code is hereby deleted.
2 B. Section 2.304 of the Uniform Fire Code is hereby added
to readas follows:
Appeals
Whenever the Chief of the Fire Department shall disapprove
5 an application or refuse to grant a permit applied for,
or when it is claimed that the provisions of the Code do
6 not apply, or that the true intent and meaning of the
Code have been misconstrued or wrongly interpreted, the
7 applicant may appeal from the decision of the Chief of
the Fire Department, or the Chief of the Bureau of Fire
8 Prevention, to the City Council within ten (10) days
from the date of the decision being appealed. A decision
9 shall be considered as being appealed within the ten (10)
day period whensoever a written "Notice of Appeal" is
10 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
]2 or his duly authorized agent, and indicate the mailing
address of Appellant. Whenever a Notice of Appeal is
]3 filed, the City Clerk shall set the matter for hearing
at the earliest possible regular meeting of the City
]4 Council and notify the Chief of the Fire Department and
the Appellant of the meeting. of the City Council during
]5 which the matter shall be heard. The City Clerk shall
give this notice to the Chief of the Fire Department
]6 and to the Appellant at least three (3) days prior to
the time set for the hearing. Notice shall be given to
]7 Appellant by mail to the address shown on the "Notice of
Appeal". All decisions of the City Council shall be
]8 final.
]9 C. Section 9.129 is added to the Uniform Fire Code to read
as follows:
1. Whenever the word "jurisdiction" is used in the
2] Uniform Fire Code, it shall mean the City of Tustin.
22 2. Whenever the term "corporation counsel'~ is used in
the Uniform Fire Code, it shall mean the City
23 Attorney of the City of Tustin.
24 3. Whenever the words "Chief of the Bureau of Fire
Prevention" are used in the Uniform Fire Code, it
25 shall mean the Fire Marshal.
26 D. 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, vehicler
2
~ growth, trash, storage or other material or thing near
any fire hydrant, fire department connection or fire
2 protection system control valve that would prevent such
equipment or hydrant from being immediately discernible
3 or in any other manner deter or hinder the fire depart-
ment from gaining immediate access to said equipment or
4 hydrant. A minimum three (3) foot clear space shall be
maintained around the circumference of the fire hydrant
5 except as otherwise required or approved by the Chief.
Any person violating this section shall be subject to
6 citation for an infraction.
7 E. Section 10,207 of the Uniform Fire Code is hereby amended
by adding Sections 207(g) and (h):
8
(g) Fire lanes, Accessways and Roadways - Parking
9 Prohibited
]0 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
]2 across an established or designated exit, driveway,
alleyway or access road, whether public or private, in
]3 such manner as to hamper the movement of any emergency
vehicles and equipment in the event of fire or other
]4 emergency. This prohibition applies to, but is not
limited to, areas in and about any church, hospital,
]5 assembly hall, lodge hall, school, hotel, motel,
condominium, apartment building, theater, industrial
]6 complex, motion picture theater, stadium, shopping
center, restaurant, tent or o~her place of public
]7 assembly, whether open or closed.
18 Any vehicle parked or any' object placed in a fire lane
or in any of the aforementioned areas shall be subject to
]9 citation for an infraction and/or immediate removal and
storage.
(h) The provisions of this section may be enforced by
2] the Police Department of the City of Tustin and/or
the Orange County Fire Department.
F. Section 10,307 of the Uniform Fire Code is hereby amended
23 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 dwelling
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 an
3
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 an 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 testinc
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 smok
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~ap~men~ow~e~ Shall.~m~intain
rec~s 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
4
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
4 Residence, the structure shall be provided with smoke
detectors located as required by New Group R, Division 3
5 Occupancies as required in the Uniform Building Code,
1979 Edition. The Seller is to prowide compliance with
6 this provision. Smoke detectors maylbe battery operated
when installed in existing buildingS.
7
(i) In aI1 existing Group R, Division 1 Occupancies,
8 the entire building shall be provided with smoke detector~
located as required for New Group R, Division 1 Occupan-
9 cies.
]0 G. 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.
]7 Section 10,309(i) Provisions for High-Rise Buildings
]8 Notwithstanding any other provision contained in Section
10,309, the high-rise requirements set forth in the
]9 Uniform Building Code, Section 1807, and Title 24,
California Administrative Coded Section 2-1807, shall
20 apply to all~buildings having floors used for human
occupancy located more than 55 feet above/below the
2] lowest floor level having fire department building access
22 H. 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) All new buildings constructed as a non-residential
occupancy exceeding 5,000 square feet of floor area.
5
(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
5 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
8 State Fire Marshal's Standards governing installation and
approval of such systems. Arrangements shall be made for
9 the automatic transfer of fire alarms from the building in
which the fire alarm system is installed to Central
10 Station in a manner and form acceptable to the Fire Chief.
~ I. Section 10.317 is hereby added to the Uniform Fire Code to
read as follows:
Allexisting 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.
~6 J. 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
20 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.
K. 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.
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
7
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
onelserviceable pressurized water..fire extinguisher of 2-1/2
gallon capacity. In addition,. a minimum of at least one dry
chemical multipurpose fire extinguisher of a 2-A rating
shall be provided for equipment protection.
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 artesters 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.
8
(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:
1. 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.
2. 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
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'.'30'9(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 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 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
Council of the City of Tustin, California, held on the 19th day
of November , 1984.
URSULA E. KENNEDY,
Mayor
ATTEST:
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. 919 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 1st day of October, 1984, and was given its second
reading and duly passed and adop~"~d at a regular meeting held on the 19th day of
November, 1984, by the following vote:
AYES : COUNCILPERSONS: Edgar, Hoesterey, Kennedy
NOES : COUNCILPERSONS: Saltarelli
ABSENT: COUNCILPERSONS: Greinke
City of Tustin, California
SUMMARY PUBLISHED IN TUSTIN NEWS:
October 11, 1984
November 29, 1984