HomeMy WebLinkAboutORD 176 (1962)
ORDINANCE NO. 176
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, PRE-
SCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS
TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION: ESTAB-
LISHING A BUREAU OF FIRE PREVENTION: PROV'IDING
OFFICERS THEREFOR AND DEFINING THEIR POWERS AND
DUTIES: AND REPEALING ORDINANCES NOS. 18 AND 84
OF THE CITY OF TUSTIN, CALIFORNIA.
The City Council of the City of Tustin, Califorr~a, does
ordain as follows:
Section ~.: Pursuant to the provisions of the Government
Code of the State of California, and subject to the particular addi-
tions, deletions and amendments hereinafter set forth, the rules,
regulations, provisions and conditions as set forth in that certain
Code entitled "UNIFORM FIRE CODE" recommended by the California Fire
Chiefs' Association, being particularly the 1961 edition thereof,
and the whole pert thereof, save and except such portions as are
hereinafter deleted, modified. or amended, three funprinted copies
of which, printed as a Code, in book form, are ordered filed in the
office of the City Clerk, in the City-Hall of the City of Tustin,
and are open to public inspection, and which are so filed, are hereby
referred to and by this reference expressly incorporated herein and
made a part hereof, as fully and for all-intents and purposes as
though they were herein set forth at length, shall be, and are hereby
established and adopted as the rules, regulations, provisions and
conditions .to be observed and followed, :an~ which shall control in
the City of Tustin, California, for the safeguarding of life and pro-
perty-from the hazards of fire and explosion arising from the storage,
handling and use of hazardous substances, material and devices, and
from conditions hazardous to life and property in the use or occupancy
of buildings or premises. Said 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, California.
882.
Section 2: T. he particular additions to said
Uniform Wire COde hereinabove referred to, and which said
additions are hereby established and adopted, are the follow-
ing, to-wilt:
(1) Add a new section, designated as Section
1.27, to said UNIFORM FIRE CODE,~ to read as follows:
Section 1,27 Modifications. The Chief of
· the Fire Department shall have power to modify
any of the provisions of the UNIFORM FIRE CODE,
upon application in writing by the owner or
lessee, or his duly a~thorized agent, when there
are practical difficulties in the way of carrying
Out the strict letter of the CODE, provided that
the spirit of the CODE, provided that the spirit
of the CODE shall be observed, public safety
secured and substantial~ljustice done. The
particulars ~of such modification when granted or
allowed and the written decision of the Chief of
the Bureau of Fire Prevention thereon shall be
entered in the records of the Department, and a
signed copy of the decision shall be furnished
to the applicant.
(2) Add ~a new section, designated as Section 1.28,
to said UNIFORM FIRE CODE, to read as follows:
Secti.On 1~28: AppealS: 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 ap-
plicant 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
.883.
appealed within the ten (10) day period whensoever
~ a written ~Notice of Appeal" is filed with the Clerk
of the Council within the said ten (10) days. Said
'Notice of Appeal' shall~specify, (a) the substance
~_~ and Iparticulars of the decision being appealed; (b)
, ~ the date of the decision, and shall be signed by the
appellant or his duty authorized agent, and indicate
the mailing address of appellant. Whenever a Notice
of Appeal is filed With the Clerk, 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 Departmen~ and the ap-
.pellant of the meeting of theeCity Council during
which the matter shall be heard. The City Clerk
shai1 give this notice to the Chief of the Fire De-
partment and to the appellant at least three (3)
days prior to theetime set for the hearing. Notice
shall be~Igivsn to appellant by mailing said notice
to th~ ad~ress shown on the Notice of Appeal. All
decisions of the City Council shall be final.
(3) Add a new section, designated as Section 1.29 to
the UNIFORM FIRE CODE, to read as follows:
S~ction 1.29: New Materials~, processe~, or occuoancies
which may require permits. The Chief of the Fire Depart-
ment, the Chief of the Bureau of Fire Prevention, and
the City Engineer, shall act as a Committee to determine,
specify and list, after giving aI1 interested parties
an opportunity to be heard, any new materials, processes
or occupancies which s~all require permits in addition
to those now ennumeratsd in said CODE. 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 said Committee may be appealed to the City CoUncil
~ 88~.
pursuant to the provisions of Section 1.~28.
(4) Add a new Section,I designated Section 1.30,
to said UNIFORM FIRE CODE, to read as follows:
Section 1,30: Penalties. Any person who shall
~I~1 ~ .~ v~olate or fail to comply with any order made here-
under, or who shall build in violation of any
detailed statement of specifications or plans sub-
mitted and approved thereunder, or any Certificate
or Permit issued+hereunder, and from which no
appeal has been taken, or who shall fail to comply
with such an order as affirmed or modified by the
City Council, or by a Court of competent juris-
diction, within the time fixed ~herein, shall
severally, for each and every violation and non-
compliance, respectively, be ~uilty of a mis-
demeanor, punishable by a fine of not more than
$500.00, or by imprisonment in the County Jail
for a period not exceeding six months, or by
both such fine and imprisonment. Each such
person shall be guilty of a separate offence
for each and every day during any portion of which
any violation of any provision-of the UNIFORM FIRE
CODE is committed, continued or permitted by such
person, and shall be punished accordingly.
(5)' Add a new section, designed~as Section 1.68,
'to said UNIFORM FIRE CODE, to read as follows:
Section 1~8. Corporation Counsel. Wherever the
term ~corporation counsel' is used in the UNIFORM
FIRE CODE, adopted hereby,' it shall be held to
.mean the City Attorney of the City of Tustin, Calif.
(6) Add a new section, designated as Section llol5
to said UNIFORM FIRE CODE, to~read as follows:
SeCtion ll,15: Establishment of limits Of districts
in which storage of explosives and blasting agents
is prohibited~ The limits referred to in the UNIFORM
FIRE CODE in which storage of explosives and blast-
ing agents is prohibited are hereby established
as follows: ~
Those zones determined and defined by Ordinance
No. 157, the Zoning Ordinance, of the City of
Tustin, California, and amendments thsreof.
(7) Delete Section 12.02 of the UNIFORM FIRE CODE.
(8) Add a new section, designated as Section
15.201.1, to said UNIFORM FIRE CODE, to read as
follows:
Section 15,201,1: E~abl~sh~ent of limits of
diStrictS in which storage.of flameable liauid~
in outside, aboveground tanks is to.be prohibited.
The limits referred to in Section 15,201 of the
UNIFORM FIRE CODE, in which storage of flammable
liquids in outside, above-ground tanks is pro-
hibited are hereby established as follows:
Those zones determined and defined by Ordinance No.
157, the Zoning Ordinance of the City of Tustin,
California, and amendments thereto.
(9) Add new subsections, designed (c), (d) and (e)
to Section 15.216 of~Isaid UNIFORM FIRE CODE, to read as follows:
(c) Any underground flammable liquid storage tank
that has not been in use for six (6) months shall be
considered an abandoned storage tank.
(d) All abandoned~underground, flammable liquid
storage tanks in the City of Tustin shall be re-
moved within thirty (30) days after written notifi-
cation by the Chief of~the Fire Department to remove
the said tanks.
(e) A permit shall be obtained from the Chief of the
Fire Department to remove any underground storage tank.
886.
10o Add a new section, designed Section 15.401.1 to
said UNIFORM FIRE CODE, to read'as follows:
SectiOn 15.401,1: ~stablish~ent of limits of districts
~in which new bulk plants for fla~able liquids are tO
be prohibited. The limits referred to. in Section
15.401 of the UNIFORM. FIRECODE, in which new bulk
plants for flammable liquids are prohibited, are
hereby established. as follows:
Those zones determined and defi~ed byeOrdinance No.
157 of the City of Tustin, the Zoning Ordinance, and
amendments thereto.
(ll) Add a new section, designated as Section 20.05.1
to. said UNIFORM FIRE CODE, to read as follows:
Section 20,05.1' Establi..~hment Of limit~ 0f district~
in which bulk storage of liquidified petrol,eum gases
iS to be prohibited. :The limits referred to in
Section 20.05 (a) of the UNIFORM FIRE CODE, in which
bulk storage of liquified petroleum gases is re-
stricted, are hereby established as follows:
Those, zones determined and defined by Ordinance No.
157, the Zoning Ordinance of the Cityof Tustin,
California, and amendments thereto.
(12) Amend Subsection (1) of Section 27.22 of said
UNIFORM FIRE CODE to read as follows:
(1)~Hours of Burning: All burning shall take place
between the hours of 6:00 A.M. and 10:00 A.M. of
a~y day. '
Section 3: Ordinances No. 18 and No. 84 of the City
of Tustin are hereby repealed.
~e. ction ~: This Ordinance shall take effect thirty
(30) days fro~ and after the date of its adoption.
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Tustin, California, held on the 18th day of June, 1962.
MAYOR
ATTEST:
~C ITY. CLERK
887.
STATE OF CALIFORNIA )
COUNTY OF ORANGE, )
CITY OF TUSTIN ) SS
RUTH C. POE, City Clerk and ex-offioio Clerk of the
Git~ 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 was duly
and regularly introduced and read at the regular meeting of the
City Council held on the 4th day of June, 1962, and'was given
its second reading and duly passed and adopted at a regular meeting
held on the 18th day of June, 1962, by the following vote:
AYES: COUNCILMEN: Doney, Humeston, Mack, Klingelhof~r
NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: Sheridan
City of i lifornia