HomeMy WebLinkAboutORD 827 (1980) ORDINANCE NO. 827
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, CALIFORNIA ADOPTING A
UNIFORM 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
City 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 incor~ora'ted 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 devices, and from conditions hazardous to life and property
Z in the use or occupancy of buildings or premises so far as
~ these rules, regulations and provisions are not preempted by
4 State and Federal law. Such rules, regulations, provisions,
5 and conditions which are hereby established and adopted shall
6 be and the same hereby are desginated and may be known and
7 referred to 'as the "Uniform Fire Code" of and for the City
8 of Tustin.
9 Section 5131
10 (a) The Uniform Fire Code shall be enforced by the Orange
~ County Fire Department which shall be operated under the
12 supervision of the Chief of the Orange County Fire Department.
15 (b) The Chief of the Fire Department may detail such members
~4 of the Fire Department as inspectors as shall be necessary from
~5 time to time.
~6 Section 5132
~7 Any person who violates any of the provisions of this part
18 3 of Chapter 1 of Article 5 shall be guilty of a misdemeanor.
~9 Section 5133 Additions and Deletions
20 The Uniform Fire Code adopted by the preceeding section is
~1 hereby amended as follows:
22 A. Section 2.302 of the Uniform Fire Code is hereby
25 deleted.
24 B. Section 2.304 of the Uniform Fire Code is hereby
Z5 added to read as follows:
26 Whenever the Chief of the Fire Department shall
27 disapprove an application or refuse to grant a
28 permit applied for, or when it is claimed that
29 the provisions.of the Code do no~ apply, or
~0 that the true intent and meaning of the Code
~1 have 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 as being appealed within the ten
(10) day period whensoever a written "Notice of
Appeal" is filed with the Clerk of the Council
within ten (10) 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 the 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." All 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 par.agraph 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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ao 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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1 A. Section 10.309 (b) was added to the Uniform Fire
2 Code to require installation of automatic sprinkler
~ systems in certain situations where they would not
4 be required under the Uniform Fire Code. The City
5 Council has determined that under its present and
~ proposed future manning allocations and agreements
7 once a building exceeds 12,000 square feet, the fire
8 potential created begins to exceed the capabilities
9 of the City of Tustin Fire Department. Therefore, it
~0 is necessary to require a certain level of built in
~ fire protection which is provided by automatic sprinkler
~Z systems.
15. B. Section 10.314 has been added to the Uniform Fire
~ Codeto require installation of an approved automatic
~5 fire detection and alarm system which would not other-
~6 wise be required by the Uniform Building Code. The
"' ~7 City Council has determined its fire protection capa-
~8 bilities to be such as to cope with a fire situation
~9 in areas up to 12,000 square feet. However, this' is
20 dependent upon certain factors, one of which is early
~1 detection of fire and notification of suppression forces.
22' Structures within an area exceeding 5,000 square feet,
25 which are not serviced by automatic sprinklers, present
2~ a potential fire hazard which the fire department has
Z5 determined would make it crucial that an early warning,
2~ and therefore an early attack be made on the fire.
27 The City Council has determined that such automatic
28 fire detection and alarm systems are necessary in the
29 designated buildings in order that the City of Tustin
~0 Fire Department may provide adequate fire protection.
III
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1 Section 3.
Z The City Clerk of the City of Tustin is hereby ordered
~ to file this ordinance with the Department of Housing and Com-
4 munity Development.
5 PASSED AND ADOPTED at a regular meeting of the City
6 Council of the City of Tustin, California, held on the 19th
7 day of May 1980.
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ATTEST:
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STATE OF CALIFORNIA )
.COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio of the City Council of the City ~
Tustin, California, does hereby certify that the whole number of members
of the City Council of the City of Tustin is five: that the above and fore-
going Ordinance No. 827 was duly and regularly introduced and
read at a regular meeting of the City Council held on the 5th day of
May , 1980, and was given its second reading and duly passed and
adopted at a regular meeting held on the 19th day of May ,
1980, by the following vote:
AYES ; COUNCILMEN: Saltarelli.~ Edqar, Hoesterey, Sharp, Kennedy
NOES : COUNCILMEN: None
ABSENT: COUNCIL~IN: None
City of Tustin ,California
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