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1552FOLLOWS Fire Dept Bldg Dept ORDINANCE NO. 1552 - AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING, IN PART, A COMPREHENSIVE FIRE PREVENTION CODE ENTITLED "FIRE PREVENTION CODE, 1960 EDITION OF THE NATIONAL BOARD OF FIRE UNDERWRITERS OF AMERICA," TO BE KNOWN AND DESIGNATED AS THE "ANAHEIM FIRE PREVENTION CODE," AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CON- FLICT WITH THE PORTIONS OF SAID CODE SO ADOPTED. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. ADOPTION OF CODE. That pursuant to the provisions of Sections 50022.1 to 50022.9, both inclusive, of the Government Code of the State of California, the City Council of the City of Anaheim does hereby adopt, by reference, as a Comprehensive Fire Prevention Code that certain document or code entitled, "Fire Prevention Code, 1960 Edition of the National Board of Fire Underwriters of America," except Article 13 comprising Section, 13.1 through Section 13.6, both inclusive; that three copies of said code shall be filed in the Office of the City Clerk of the City of Anaheim at least fif- teen days preceding the hearing hereinafter provided for, and shall be kept there for public inspection while said code is in force, all of which copies shall be certified to be true copies by the City Clerk. That following the adoption of said code the City Clerk shall at all times maintain a reasonable supply of copies of said code available for purchase by the public at a moderate price, not to exceed the actual cost thereof to the City of Anaheim. SECTION 2. PUBLIC HEARING AND NOTICE. That after the first reading of this ordinance and the Fire Prevention Code to be adopted by reference, there shall be a public hearing thereon on the 21st day of March , 1961. Notice of the hearing shall be published by the City Clerk twice in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated within the City of Anaheim, the first of which publication shall be at least fifteen (15) days and the second of which publication shall be at least eight (8) days preceding the date of said hearing. Said notice shall state the time and place of said hearing, and shall state that copies of said Fire Prevention Code being considered for adoption are on file with the City Clerk of the City of Anaheim and are open to public inspection. Said notice shall contain a descrip- tion sufficient to give notice to interested persons of the pur- pose of the code to be adopted by reference, the subject matter of such code, the name and address of the agency by which it has been promulgated, and the date of the publication thereof. The City Council does hereby find and determine that the following n_ is a sufficient description to be incorporated in said notice to give notice to interested persons of the purpose of the code, the subject matter of such code, the name and address of the agency by which it has been promulgated, and the date of publication thereof, to wit: "A fire prevention code entitled 'Fire Prevention Code, 1960 Edition of the National Board of Fire -1- Underwriters,° promulgated by the National Board of Fire Underwriters, a national organization of Capital Stock Fire Insurance Companies with offices located at 85 John Street, New York 38, New York, 222 West Adams Street, Chicago 6, Illinois and 465 California Street, San Francisco 4, California; prescribing regulations consistent with nationally recognized standards of practice for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosives arising from the storage, handling and use of hazardous substances, materials and de- vices, and from conditions hazardous to life and property in the use and occupancy of buildings or premises." SECTION 3. ENFORCEMENT OF CODE. It shall be the duty and within the power of the Chief of the Fire Department, and members thereof under his supervision, to enforce the provisions of said Fire Prevention Code. SECTION o DEFINITIONS. (a) Municipality. Whenever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the City of Anaheim. (b) Chief of the Bureau of Fire Prevention: Whenever the words "Chief of the Bureau of Fire Prevention" are used in the Fire Prevention Code, they shall be held to mean the Chief of the Fire Department. SECTION 5. MODIFICATIONS. The City Council shall, in its own discretion, or upon recommendation of the Chief of the Fire Department, have the power to modify any of the provisions of the Fire Prevention Code when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial ,justice done. SECTION 6. RESTRICTED STORAGE OF FLAMMABLE LIQUIDS AND GASES (a) In addition to the limits referred to in Section 16023 of the Fire Prevention Code in which storage of flammable liquids in underground tanks or tanks under buildings is regulated, the provisions of Section 160120340 of the Anaheim Municipal Code shall apply to said storage. (b) The limits referred to in Division 5 comprising Section 16.51 through Section 16058, both inclusive, of the Fire Prevention Code in which new bulk plants for flammable liquids are prohibited shall be as follows: Said storage will not be permitted within Fire Zones No. 1 and No. 2 as set forth in Sections 16.16.030 and 16.160014.0 of the Anaheim Municipal Code. (c) The limits referred to in Section 16.22 of the Fire Prevention Code in which storage of flammable liquids in outside above -ground tanks is prohibited shall be as follows: Said stor- age will not be permitted within Fire Zones No. 1 and No. 2 as set forth in Sections 16.16.030 and 16.16 040 of the Anaheim Muni- cipal Code. -2- SECTION 7. RETENTION OF CERTAIN PROVISIONS OF THE ANAHEIM MUNICIPAL CODE. Nothing contained in this ordinance adopting, by refer- ence, as a Comprehensive Fire Prevention Code that certain document or code entitled, "Fire Prevention Code, 1960 Edition of the Na- tional Board of Fire Underwriters of America,"" shall be construed to _repeal any of the following sections of the Anaheim Municipal Code, and in case of any conflict in any of the provisions of the said "Fire Prevention Code" and the following enumerated sections of the Anaheim Municipal Code, the provisions of the latter shall prevail,, CHAPTER 6 � l.4.0 SECTION 160040010 SECTION 16000020 SECTION 16.040030 SECTION 16.08.070 SECTION 16008.080 SECTION 16.12.010 SECTION 160120020 SECTION 16.120030 SECTION 16. 12. O40 SECTION 16.120050 SECTION 16.12.330 SECTION 160120340 SECTION 16.12.660 SECTION 16.160030 SECTION 16.160040 SECTION 16.160050 SECTION 8. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS The City Council shall, in its own discretion, or upon recommendation of the Chief of the Fire Department, determine and specify any new materials, processes, or occupancies, which shall require permits, in addition to those now enumerated in the Code. SECTION 9. PENALTIES. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or, fail to comply with any other made thereunder, or who shall build in violation of any detailed statement of specifica- tions or plans submitted and approved thereunder, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than $500000 or by imprisonment for not more than 6 months or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to con- tinue., and all such persons shall be required to correct or remedy such violations or defc-ie'ts within a reasonable time; and when not otherwise ecified, each ten (10) days that the prohibited condi- tions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of the prohibited conditions. SECTION loo REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the code hereby adopted are hereby repealed. -3- SECTION 11.VALIDITY. The Anaheim City Council hereby declares that should any section, paragraph, sentence or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it Is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 12� PUBLICATION. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fif- teen (15) days after its adoption, in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circu- lated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 21st day of March , 19 61 MAYOR OF THE CITY OF ANAHEIM ATTEST CI It Y CL RK OF 'i'HE CITY OF ANAHEIM STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 1552 was introduced at a regular meeting of the City Council of the City of Anaheim held on the 21st day of February, 1961, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 21st day of March, 1961, by the following vote of the members thereof: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 1552: on the 21st day of March, 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of March, 1961. ( SEAL) -4- J CITY CLERK OF THE CITY OF ANAHEIM 1, DENE M. WILLIAMS, CITY CLERK OF THE CITY OF ANAHEIM DO HEREBY �ERTi �Y THAT THE POREGYNG NO. WMS P(J LlStE[) UNCE IN THE ANAHEIM BULLETIN ON THE