HomeMy WebLinkAboutORD 746 (1977)ORDINANCE NO. 746
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA
ADOPTING A UNIFORM FIRE CODE PRESCRIBING
REGUIATIONS GOVERNING CONDITIONS HAZARDOUS TO
LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND
ESTABLISHING A BUREAU Of FIRE PREVENTION AND
PROVIDING OFFICER THEREFORE AND DEFINING THEIR
POWERS AND DUTIES, AND ADOPTING THE 1976 UNIFORM
FIRE CODE.
The City of Tustin does hereby ordain that the Tustin City Code
be hereby amended as follows:
1. Article II of Chapter 10 of the Tustin City Code, is
hereby amended to read as follows:
Article II-Fire Code
Section 10-3 Adopted
Pursuant to the provisions of the Government Code of the
State ~nd subject to the particular additions, deletions, and
amendments set forth in Section 10-4, 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 1976 edition thereof with
appendices A, B, C, .D, and E thereof and the whole thereof,
save and except such portions as are hereinafter deleted,
modified or amended three full printed copies of which, printed
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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 espressly incorporated herein and made
a part of this ~ection as fully and for all intents and purposes
as though they were herein 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, and d~vices, and from con-
ditions hazardous to life and property in the use or occupancy of
buildings or premises so far as these rules, regulations and provisions
are not pree:npted by State or Federal law. Such rules· regulations,
provisions, and conditions therein set forth and which are hereby
established and adopted shall be and the same hereby are designated
and may be known and referred to as the "Uniform Fire Code" of
and for the City of Tustin.
Section 10-4 Establishing Duties of the Fire Prevention Bureau
(a) The Uniform Fire Code shall be enforced by the Fire
Prevention Bureau of the Fire Department of the City of Tustin
which is hereby established and which shall be operated under
the supervision of the Chief of the Fire Department.
(b) The Chief of the Fire Department may detail such
members of the Fire Department as inspectors as shall be necessary
from time-to-time.
Section ].0-5 Additions and Deletions
The Uniform Fire Code adopted by the preceeding section is
]]ereby amended as follows:
A- Section 1.215 is hereby deleted.
B. Section 1.218 is hereby added to read as follows:
Whenever the Chief of the Fire Department shall disapprove
an application or refuse. to grant a permi~ applied for, or
when it is claimed that the ~rovisions 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
fr~.n 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 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 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 n~tice of appeal is filed with the Clerk, the City Clerk
shall set the matter of 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 mailing such
notice to the address shown on the "Notice of Appeal". All
decisions of the City Council shall be final.
C. Section 1.219 is hereby added to read as follows:
Section 1.219-Permits. The City Administrator, the Fire
Chief, and the Chief of the Bureau of Fire Prevention shall
act as a committee to determine and specify, after giving
affected persons an opportunity to be heard, any new materials,
processes, or occupancies which shall require permits, in
addition to those ~numerated in said Cod~. The Chief of the
Bureau of Fire Prevention shall post such list in a conspicuous
place in his office, and distribute copies thereof to interested
persons. Decisions of the committee may be appealed to the
City Council.
D. Section 1.429 and sub-sections 1, 2, and 3 are hereby
added to read as follows:
Section 1.429-Definitions
1. Whenever the wording "jurisdiction" is used in
the Uniform Fire Code, it shall mean the City of Tustin.
2. Whenever ~e 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.
E. Section 11.205 is hereby added to read as follows:
37Z
1 Sect]on 11.205 establishes li,nits of districts in
which storage of explosives and blasting agents is prohibted.
~ The limits referred to in tlie Uniform Fj.re Code in whj.ch
storage of explosives and blasting agents is prohibited are
~ |]ereby established as follows:
4 "Those zones determined and defined by Ordinance
No. 157, the Zoning Ordinance of the City of Tustin, and
~"~ 5 amendments thereof."
6 F. Article XII is hereby amended to read as follows:
7 Article XII-Fireworks
8 Section 12.101- "Danqerous Fireworks" Defined
9 "Dangerous Fireworks" shall include all fireworks included
in Section 12503, Part 2, Division 11, of the Health and
10 Safety Code of the State of California as said section now
exists or may be hereafter amended by the State of California.
11
Section 12.102 - "Safe and Sane Fireworks" Defined
1e
"Safe and Sane Fireworks" shall include any fireworks
15
not designated as "Dangerous Fireworks" except that in all
cases only end fuses may be used.
Section 12.103 - "Handling of Safe and Sane Fireworks"
15
· he use, display, handling, transporting, and storage of
"Safe and Sane" fireworks and pyrotechnics shall be in accordance
with Title .19, Public Safety, Chapter 1, Sub-chapter 6, or
17
.-~ applicable State laws.
Section 12. 104 - "Dangerous Fireworks Prohibited"
No person, firm, or organization shall manu'facture, store,
display, sell, or offer for sale, possess, discharge, explode,
fire, or set off any dangerous fireworks within the City of
Tustin.
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Section 12.105 - Discharging "Safe and Sane" Fireworks
No person shall discharge any "Safe and Sane" fireworks
except during the days that sales are permitted each year as
set forth in Section 12.106 below.
~4
Section 12.'106 - Sale of "Safe and Sane" Fireworks
~5
NO person shall display, sell, or store "Safe and Sane"
fireworks in the City of Tustin except from temporary stands
erected and maintained solely for the display and sale of
such fireworks. No person shall sell or offer for sale such
fireworks at any time except from noon July 1 to 10 p.m. July 4,
and during the hours from 8 a.m. to 10 p.m.
Section 12.107 - Permit for Sale of "Safe and Sane" Fireworks
50
NO person shall display, sell, or engage in the business
of.selling "Safe and Sane" fireworks without first having
obtained a permit to do so as provided herein and by permit
~ procedures adopted by the City of Tustin.
Section 12.108- Permit Issuance '
374
Permits for the sale of "Safe and Sane" fireworks shall
be approved only for established a~md bona fide local
non-])rof]t charitable, fraternal, patriotic, service, or
religious organizations which have been established for
one year and regularly meet within tile City of Tustin.
Permits shall be granted only after payment of a twenty-five
dollar ($25) inspection fee. Licenses, permits, and copy of
rules an~ regulatioAs must be posted in fireworks stands during
operat ions.
Section 12,109 - Regulations for Temporary Stands
Any person operating any fireworks stand shall abide by
and comply with the provisions of this Article, other
regulations adopted by the City, and other reasonable conditions
and restrictions which may be required by the Fire Chief.
Violations of any such regulations or conditions shall be
grounds for revocation of permits or licenses to operate.
Section 12,110 - Electrical Circuits
All electrical circf~its entering such stands shall be
approved by the City of Tustin.
Section 12,111 - Prohibited Areas
No person shall sell, store, display, or discharge any
fireworks of any type within 100 feet of any oil or gasoline
station, nor within 100 feet of any premises where gasoline
or other inflammable liquids are stored or dispensed, nor
within 50 feet of any type of permanent structure, or any
other place not approved by the Fire Department. The sales
window shall also be at least six (6) feet from any public way.
Section 12,112 - Fire Protection in Stands
There shall be maintained within each stand fire extinguishers
or charged garden hose or other fire protection. devices as
required by the Fire Chief.
Section 12.113 - Sales Personnel
No person under the age of 18 years shall occupy, sell,
or handle for sale, any classification of fireworks. Likewise,
no sale or delivery thereof of any fireworks shall be made
to any person under the age of 16 years.
Section 12.114 - Sleeping within the Stands
No one shall be allowed to sleep within the stands at
any time.
Section 12.115 - Vehicles Parking on Premises
There shall be no vehicle parking or parking of gasoline
generators or any type of flammable liquid containers within
twenty feet (20') of such stand.
Sdction 12. 116 - Fires on Premises
No person shall light, cause, or permit to be lighted
any fireworks, matches, or any other material within twenty-five
feet (25') of such stand.
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Section 12.117 - Premises Restrictions
No smokin~, drinking or alcoholic beverages, taking of
any dangerous drugs, being under the influence of alcoholic
beverages, or being u~der the influence of any dangerous
drugs shall be permitted in any structure used for storage
or sale of fireworks nor within twenty-five feet (25') thereof.
"NO SMOKING" signs shall be prominently displayed in a number
prescribed by the Fire Department.
Section 12.118 - Exits
Each firework stand shall have a mi'~imum of two (2)
exits. Exits shall be at least thirty inches (30") in clear
width. All exit doors shall swing outward and be openable from
the inside without the use of a key or any special knowledge
or effort. There shall be maintained a thirty inch (30") clear
-aisleway from all parts of the stand to exit doors.
Section 12.119 - Trash Removal
All trash shall be removed from the premises and the
fireworks stand daily or more frequently~ if necessary, as
required by the Fire Department.
Section 12.120 - Fireworks Storage
Fireworks shall be stored only in the fireworks stand.
It shall be unlawful to store fireworks in any building,
residence, garage, home, automobile, trailer, or other vehicle
within the City of Tustin.
Section 12.121 - Disposal of Unsold "Safe and Sane" Fireworks
Any fireworks that remain unsold after 10 p~.m. July 4
shall be returned within twenty-four (24) hours directly to
a licensed pyretechnic warehouse in the manner prescribed by
law.
Section 12.122- Exceptions
Nothing in this Article shall]be construed to prohibit
the use of fireworks by railroads or other transportation
agencies for signal purposes for illumination, or the sale
or use of blank cartridges for a 'show or theater, or for
signal or ceremonial purposes in athletics or sports, or
for use by military organizations. Supervised public
pyretechnic displays may be allowed as provided for in
special permit by the City Council, and in conformance with
applicable State laws.
Section 12.123 - Seizure of Fireworks
The Fire Chief shall seize, take, remove, or cause to
be removed at the expense of the owner all stocks of fireworks
offered or exposed for sale, stored, or held in violation of
this Article.
Section 12 324 - Manufacture, Sale, and Discharge
(a) The manufacture of fireworks within this jurisdictional
area is prohibited except under special permits as are
required by local and State regulations.
376
(b) The Fire Chief shall have power to adopt reasonable
rules and regulations for the granting of permits for
supervised pul~lic dis~lays of fireworks by a jurisdiction,
fair association, amusement parks, other organizations, or
for the use of fireworks by artisans in pursuit of their
trade. Every such use or display shall be ha~dled by a
competent operator approved by the Chief, and shall be of
such character and so located, discharged, or fired as in
the opinion of the Chief after proper investigation, so as
not to be hazardous to property or endanger any person.
(c) Applications for permits shalI be ~ade in writing
at least ten (10) days in advance of the date of the display.
After such privilege shall be granted, sale, possession; use,
and distribution of fireworks for such display shall be lawful
for that purpose only. No permit granted here under shall be
transferable.
Section 12.125 - Bond Fireworks Display Required
The permitee shall furnish a bond or certificate of
insurance in the amount deemed adequate by the Chief for the
payment of all damages which may be caused either to a person
or persons, or to property by reason of the permitted display,
and arising from or acts of the permittee, his agents, employees,.
or sub-contractors.
G. Section 13.308 (c) is hereby deleted.
H. Section 13.315 is hereby amended by the addition
thereto of the following:
Section 13.315. All existing conditions which do not
provide this protection shall conform with the change of business
license (licensee or business), or owner change within the
business.
I. Section 13.316 is hereby added to read as follows:
Section 13.316 - Automatic Sprinkler Systems. Approved
automatic sprinkler systems shall be installed and maintained
in accordance with the N.F.P.A. standards throughout all
buildings or structures, regardless 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 stories.
J. Section 13.317 is hereby amended to read as follows:
'Section 13.317 - Provisions for High Rise Buildings.
(a) Scope. Such buildings having floors used for human
occupancy located more than 55 feet above or below the lowest
level of fire department vehicle access shall conform to the
requirements of this Section, in addition to other applicable
requirements of the Uniform Building Code, 1976 edition.
(b) Fire Alarm. A manual fire alarm box shall be located
adjacent to exits into stairway shafts and in every elevator
lobby. The box shall be connected to the Central Control
Station and to the voice communication system as required by
subsections (3) and (f) of this Section. The syste~ shall be
designated in accordance with Uniform Building Code Standard
No. 18-1 (to be based upon appli'cable provisions of N.F.P.A.
71, 72A, or 72B).
377
(c) [.'ire Detectors. An approved system which will provide
for automatic detection of products of combustion other than
heat shall be installed in every mechanical equapment room and
ill the return air portion of every air condi. t:ioning a~d mechanical
ventilation system that serves floors other than the floor on'
which tile equipment is located. Detectors set to operate within
tile limitations of the Uniform Building Code Standard N. 43-6
or for greater sensitivity shall be located at each opening into
the vertical shaft.
(d) Voice Alarm System. Both the detection system and the
fire alarm system shall activate a voice alarm system capable
of being operated from the Central Control Station on both a
general and selective basis and dependent upon the compartmentation
involved. The alarm shall be designed to be heard by all
occupants within the building or designated portions thereof
and within the elevators. The elevator lobby detector required
by Chapter 51 of the Uniform Building Code, 1973 editions, shall
be connected to the system.
~e) Voice Communication System. There shall be two separate
approved continuously electrically supervised voice communication
systems; one for Fire Department communication and the other a
public voice communication (address) system between the Central
Control Station and the following areas:
1.Elevators, elevator lobbies, corridors, and
stairways;
2.In every office area exceeding 1,000 square feet
in area;
3. In each dwelling unit and hotel guest room. When
approved, the Fire Department. system may be combined
with the public voice communication system.
(f) Central Control Station. A Central Control Station for
Fire Department operations shall be provided in a location approved
by the Fire Department. It shall contain the voice communication
system panels, fire detection and alarm system panels, status
indicators, and controls for elevators and air handling systems,
a public telephone, a control mechanism to unlock stairway doors,
sprinkler valve and water floor detectors, and standby power
controls.
(g) Smoke Control. Natural or mechanical ventilation for
the removal of the products of combustion shall be provided in
every story, and shall consist of one or more of the following:
1. Panels or windows in the exterior wall which
can be opened from an approved location other
than the fire floor. Such venting facilities
shall be provided at the rate of at least 20
square feet per 50 lineal feet or exterior wall
in each story, and distributed around the
perimeter at not more than 50 feet intervals.
Such panels shall be clearly identified as
required by the Fire Department.
2. Approved tempered glass may be used in lieu of
openable panels.,
3. When fire sprinklers are installed in compliance
with subsection (1)" of this Section, the
mechanical air handling equipment may be designed
to assist smoke removal. Under fire conditions,
I
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the return and exhaust air shall be moved directly
to the outside without recirculation to other
sections of the building.
4. A shaft through which smoke and heat can be
mechanically vented to the outdoors. The size
of the shaft shall be uniform throughout and of
such dimensions as to provide 60 air changes
per hour in the largest compartment served anywhere
in the building. Openings into the shaft shall be
protected wit~ an automatic single piece shutter
located as high in' tile room as possible and designed
to vent the entire compartment.
5.Any other design which will produce equivalent
results.
(h) Elevators. A bank of elevators is a group of elevators
or a single elevator controlled by a common operating system: or
all elevators which respond to a single call button. There
is no limit on the number of cars which may be in a bank or
group, but there may not be more than four (4) cars within a "-
common hoistway.
1. All elevators on all floors shall open into lobbies
which are separated from the remainder of the
building by one-hour fire-resistive construction
and served by tight fitting automatic closing
fire doors having 45 minute fire-resistance. An
elevator may be within a smokeproof enclosure.
2. Each elevator lobby or entrance 'area shall be
provided with an approved and listed smoke detector
located on the ceiling and which, when activated,
will not permit the elevator doors to open, but
will cause all cars serving that lobby to return
to the ground floor when the lobby temperature
exceeds 250° F. or the optical density exceeds
0.03 per foot. The detector may serve to close
the lobby doors.
3. Elevator hoistways shall not be vented through
an elevator machine room. Cable slots entering
the machine room shall be sleeved beneath the
machine room floor to inhibit the passage of
smoke into the machine room.
4. At least one elevator car in each building shall
have a minimum platform of 4'5" by 6'4" with a
minimum 32 inch clear opening on the narrow side,
unless otherwise designed to provide equivalent
utility, to accommodate an ambulance stretcher in
its horizontal position.
(i) Standby Power and Lights. A permanently installed
standby power generation system conforming to Uniform Building
Code Standard No. 18-1 (to be based on N.F.P.A. 70-1971) shall
be provided. The syFtem shall be ~quipped with suitable means
for automatically starting the generator set upon failure
of the normal electrical service and for automatic transfer
and operation of all required electrical functions at full
power within 60 seconds of such normal service failure. System
supervision with manual start and transfer features shall be
provided at the Central Control Station.
An on-premise fuel supply sufficient for not less than two (2)
4
37~c
|lours full demand operation of the system shall be provided.
All power, lighting, signal, and commu~icatjon facilit]c~ provided
u~der the requirements of this Sect]on shall be transferable to
the b tandby power system.
The power requirements shall be deterinined so as to provide
service to, but not limited to, the following:
1. Fire alarm system
2. Exit and other emergency lighting
3. Fire protection equipment
4. Fire Department elevators
5. Required mechanical vent ilation
6. Voice communication system
All conductors servicing life safety protection devices shall
be housed within metallic raceways to protect against damage
-from mechanical, fire, or vermin.
(j) Seismic Considerations. In Seismic Zones 2 and 3, the
anchorage of the following mechanical and electrical equipment
required by this Secfion shall be designed in accordance with
Section 23t4 of the Uniform Building Code, 1973 edition, for a
lateral force based on a "Cp" value of 0.5 unless date sub-
stantiating a lesser value is furnished:
1. Elevator drive and suspension system;
2. Standby power and lighting facilities;
3. Fire pumps and other fire protection equipment.
(k) Exits. All stairway doors which are to be locked
from the stairway side shall have the capab'ility of being
unlocked remotely upon a signal from the Central Control Station.
Emergency felephones shall be provided at not less than every
fifth floor, in each required stairway, or two-way intercom
at each floor level.
(1) Automatic Fire Extinguishing System. Ah automatic
fire extinguishing system shall be instal.]ed complying with
the standards set forth in Chapter 8 of N.F.P.A. 13.1972 and
the following:
1. Shut off valves and water flow. devices shall be
provided on each floor. In addition to actuating
a local, alarm on the floor upon which the water
flow is detected, such valves shall be supervised
by a continuously manned control station or by
a central station.
2. The sprinkler system shall be looped between
standpipe risers at the bottom, top, and mid-height.
of all buildings with a maximum of 20 stories
served by any loop. At each loop level there
shall be check valves.
3. Piping may be copper or steel, with no minimum
size of pipe required. Solder connections may be
used if no less t.han 95% tin and 5% antimony.
4. Pitching or lines is not required.
5. A minimum of two (2) fire pumps independently
driven shall be provided and sized for the
sprinkler demand and for a minimum 500 gallons
per minute fire department standpipe operations.
6. An on-site supply of water equal to a twenty.
minute demand or 15,000 gallons on a combined
sprinkler and standpipe, whichever is smaller,
380
shall be provided. This supl~lY ~hall be
available automatically if the principal
fails.
7. Operation of the sprinkler system shall activate
the voice conununicat~ou system.
(m) Because of the additional fire protection afforded by the
automatic fire extinquishing system described above, the following
reductions from the Uniform Buildin~ Code, 1973 edition, are
permitted:
1. The fire-resistive time periods set forth in
Table No. 17-A may be reduced by one (1) hour
for interior bearing walls, exterior bearing and
non-bearing walls, roofs, and beams supporting
roofs provided they do not frame into columns.
All office building partitions required to be
one-hour fire-resistive construction by Table
No. 17-A and Section 3304 (g) may b~ non-combustible
construction without a fire-resistive time period,
except that openings in corridor walls shall be
protect. ed by self-closing, tight-fitting doors
that need not have a fire-resistive time period.
2. The 1-~" hose lines and nozzles may be omitted.
3.Travel distance on a horizontal exit or to an
enclosed stairway may be 300 feet.
4. Smokeproof enclosures may be eliminated if each
required stairway is pressured, ~s provided
in Section 3309 (h) to .15" of water column.
K. Section 13.318 is hereby added.to read as follows:
Section 13.318 - Building Numbers. The appropriately
assigned City building numbers shall be posted upon every piece
of improved property within the City of Tustin. The numbers
are to be legible from the street and of a contrasting color
to the background color.
L. Section 13.319 is hereby added to read as follows:
Section 13.319 - All new buildings constructed as a
non-residential occupancy exceeding 5,000 square feet of .floor
area, or existin~ non-residential buildings which presently do
not exceed 5,000 square feet of floor area but after completion
of alt.eration or addition will exceed 5,000 square feet of floor
area, shall be provided with an approved automatic fire detection
and alarm system. Such system shall comply with the requirements
of the National Fire Protection Association and California State
Fire Marshal Standards governing installation and approval of
such systems. Arrangements shall be made for the automatic
transmission of fire alarms from the building in which the fire
alarm system is installed to a Central Station in a manner and
form acceptable to the Fire Chief.
M. Section 15.610 is hereby added to read as follows:
Section 15.610 - Establishment of limits of districts in
which storage of flammable or combustible liquids fn outside
above ground tanks is to be prohibited.
The limits referred to in Section 15.101 in which tile storage
of Class 1 flammablu liquids in above ground ta~lks outside of
buildings is restricted, and is hereb~ establis]~ed as follows:
"Those zones determined and defined by Ordinance No. 157,
the Zoning Ordinance of the City of Tustin, and amendments
thereto."
N. Section 20.113 is hereby .added to read as follows:
Section 20.113 - Establishment of limits in which bulk
storage of liquefied petroleum gases is to be restricted.
The limits referred to in Section 20. ].05 (a) in which bulk
storage of liquefied petroleum gases is restricted, are hereby
established as follows:
"Those zones determined and defined by Ordinance No. 157,
the Zoning Ordinance of the City of ~stin, and amendments
thereto."
O. Section 27.112 (a) is hereby amended to read as follows:
(a) All burning shall take place between the hours of
6 a.m. and 10 a.m. of any designated day.
P. Section 27.117 is hereby added to read as follows:
Section 27.117. Incinerators and open burning shall
meet with Rule 57 and Rule 58 of the Rules and Regulations of
the County of Orange Air Pollution Control District as ~aid
sections exist or may hereafter be amended by'the County of
Orange.
Q. section 27.207 is hereby amended to read as follows:
Section 27.207. No person shall display for sale, sell,
or engage in the business of selling Christmas trees without
having obtained a permit to do so as provided herein and by
permit procedures of the City of Tustin.
(a) Permits and issuance of permits for the sale of
cut Christmas_rtrees shall be approved for'established and bona
fide, non-profit, charitable, fraternal, patriotic, service, or
religious organizations which have been established for one (1)
year and regularly meet within the City of Tustin. Permits
shall be granted ohly after payment of a Twenty-Five Dollar
($25) inspection fee. A fee-exempt business license shall
also be required for such sales by charitable organizations.
(b) Permits and issuance of permits for the sale of
cut Christmas trees shall be approved for temporary retail
sales organizations or individuals only after payment of a
Twenty-Five Dollar ($25) inspection fee. A business license
application accompanied by a business license fee of Twenty-Five
Dollars ($25) is required for the retail sale of cut Christmas
trees.
Provided, however, that.businesses with fixed places of business
within the City shall be exempt from the requirement of payment
of an inspection fee.
R. Section 27.208 is hereby amended to read as follows:
Section 27.208. No person sha~l sell, display fo~~ ~;ale,
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382
or store any cut Christmas trees within the City of Tustin
except for the period from November 15 to DOcember 31 of the
~ame calendar year and unless an app]icat]on there£ore is filed
with the City of the Tustin Fire Department and the applicant
therefore shows that the proposed location and method of such "
activity will not constitute a fire hazard or'violation of any
law, and such applicant makes a clean-up guarantee doposi~ of
$100 with the City of Tustin, and aqrees in said application that
unless, no later than the 10th day of January following the
issuance of such permit, all unsold 'trees, combustible waste,
and heavy accumulations of sawdust are removed from the place
where such trees were sold, displayed for sale', or stored, the
same ma' be removed and disposed of by the City of Tustin and
that said City may apply said deposit in payment of all of its
costs, including its overhead expense, in connection with such
removal. The Chief of the Fire Department shall cause any of
such' items remaining after January 10 of each year, to be removed
as soon as possible, and shall report the cost thereof to the
City Finance Director, and he shall apply sufficient of said
deposit toward payment of such costs, and the overhead expenses
of the City, and shall return to such applicant any amount of
such deposit in excess thereof- Fire Chief shall report in'.
writing to the City Finance Director as soon as possible after
January 10 of each year the names of all permittees who have
removed such items and he shall then return sa~d clean-up deposit.
to such applicant. Provided, however, that fixed places of
business within the City shall be exempt from the requirements
of this section.
2. Special Findings
Pursuant to the provisions of Health ~nd Safety
Code ~17958.7, the City Council of the City of Tustin makes
the following special findings regarding the amendment of
Sections 13.316, 13.317, and 13.319 of the Uniform Fire Code,
1976 addition.
.. A.2 Section 13.316 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 Building Code. Tustin Fire
Department has determined that under its present and
proposed future manning allocations and agreements
4.. 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 b} .automatic sprinkler
.systems.
B. Section 13.317 has been added to the Uniform
Fire Code to conform more closely with the requirements
of Title 19 of the California Administrative Code, and
to establish code requirements of high-rise buildings
in areas which have been charged to the fire protection
authority of theCity of Tustin. The Tustin Fire
Department has determined that these requiremen~'~ are
--. ,necdssary.in order to provide adequate_fire protec~'ion
under present and proposed future manning allocations
and fire fighting capabilities of the City of Tustin
Fire Department-
C. Section 13.319. has been added to the Uniform
Fire Code to require installation of an approved
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1 automatic fire detection and alarm system which would
not otherwise be rcq]red by the Ul~i|'orm Building Code.
2 TIle Tust~n Fire Department has dctermi~ed its fire
protection capabilities to be such as to cope with a
~ fire situation in areas up to 12,000 square feet. Howe~e.r,
this is dependent upon certain factors, one of which is
4 early detection of fire and notification of suppression
forces. Structures with an area exceeding 5,000 square
~"' 5 feet, which are not serviced.by automatic' sprinklers,
present a potential fire hazard which the fire department
~ has determined would make it cricial that an early
warning, and therefore an early attack, be made on the
7 fire. The City of Tustin Fire Department has determined
that such automatic fire detection and alarm systems
8 are necessary in the designated buildings in order that
the City of Tustin Fire Department may provide adequate
9 fire protection.
~0 3. The City Clerk of the City of Tustin is hereby ordered
to file this Ordir.,~nce with the Department of Housing and
11 Community Development.
~ PASSED AND ADOPTED at a regular meeting of the City
~ Council of the City of Tustin, California, held on the 7th
~4 7th day of November , 1977.
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MAYOR
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ATTEST:
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384
STATE OF CALIFORNIA)
COUNTY OF OP~\NGE ) SS
CITY OF TUSTIN )
']]~" Ci~ Clerk and ex-officio Clerk of the City
RUTH C. POE,
Council of the City of Tustin, California, does hereby
certify that the whole number of members of the City Council
of the City of Tu3tin is five; that the above and foregoing
Ordinance No- 746 was duly and regularly introduced and
read at-a regular meeting of the City Council held on the
7f_hI-- day of Nove~er , 197q and was given its second
~eading and duly passed ~d adopted at a regular meeting
-held" on '~the 21st day of Nov~er 1977, by the
following vote: : = -
AyES~.~.',:~''~' CO~CI~EN: SHARP, ~LSH, EDGAR, S~TA~LLI SCHUSTER
... ,~ . -:~-.;~:.-..--.
'*~[P'~ li sh:' TUs tin News
L-~Dece~er- 1, 19 77