5537ORDINANCE NO. 5537
AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER
16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE
ADOPTING AMENDMENTS TO THE UNIFORM FIRE CODE 1994
EDITION; AND DECLARING THAT THIS ORDINANCE IS AN
EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT.
(PRIOR AMENDMENTS RECODIFIED)
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1. AMENDMENTS TO UNIFORM FIRE CODE, 1994 EDITION
Chapter 16.08 of Title 16 of the Anaheim Municipal Code be,
and the same is hereby amended by the addition of the following
Sections thereto:
1116.08.025 The 1994 Edition of the Uniform Fire Code is hereby
amended in the manner hereinafter set forth.
16.08.030 BOARD OF APPEALS.
Subsection 103.1.4 of the Uniform Fire Code is hereby
amended to read as follows:
"BOARD OF APPEALS"
SECTION 103.1.4
a) In order to determine the suitability of
alternate materials and type of construction, and to provide for
reasonable interpretation of the provisions of this Code and
relief by way of appeal from the granting or denial of any
permit, there shall be, and hereby is, created a Board of Appeals
consisting of the City Council of the City of Anaheim who shall
grant such relief or make such interpretation or explanation as
may be necessary and proper pursuant to the provisions of this
Code. Whenever any reference to Board of Appeals shall appear in
this Code, it shall mean the City Council of the City of Anaheim.
b) 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
Uniform Fire Code do not apply or that the true intent and
meaning of the Uniform Fire Code have been misconstrued or
wrongly interpreted, the applicant may appeal from a decision of
the Chief of the Fire Department or the Chief of the Bureau of
Fire Prevention to the Board of Appeals within ten (10) days from
the date of the decision being appealed. A decision shall be
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considered as having been appealed within the aforesaid ten (10)
days if a written Notice of Appeal is filed with the City Clerk
of the City of Anaheim within said ten (10) day period. Such
Notice of Appeal shall:
(1) Specify the substance and particulars of the
decision being appealed;
(2) Show the date of the decision;
(3) Be signed by the appellant or his/her duly
authorized agent; and
(4) Indicate the mailing address of the
appellant.
Whenever a Notice of Appeal is filed with the City
Clerk, the City Clerk shall set the matter for hearing at the
earliest reasonable time and shall notify the Chief of the Fire
Department and the appellant of the place, date and time the
Board of Appeals shall hear and consider the appeal. The City
Clerk shall give notice of the hearing 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 the
appellant by mailing said notice to the address shown on the
Notice of Appeal. All decisions of the Board of Appeals shall be
final."
16.08.041 CONDITION OF PERMITS
Subsection 105.2.2 of the Uniform Fire Code is hereby
amended to read as follows:
105.2.2 Expiration: "All permits issued pursuant to
the Uniform Fire Code shall be valid for one year unless such
permit expires sooner by its own expressed terms, or is otherwise
revoked. Permit holders shall be required to reapply annually
for permits. If deemed necessary by the Fire Chief or his
designee, a reinspection shall be conducted and a reinspection
fee shall be charged. No permits issued pursuant to the Anaheim
Fire Code shall be transferred to any new use or permit -holder.
Any change in use, operation or ownership of any permitted use
shall require a new permit."
16.08.060 SPRINKLER SYSTEM SUPERVISION ALARMS
Subsection 1003.3.1, Item 2 of the Uniform Fire Code
is hereby amended to read as follows:
"One hundred or more in all occupancies not normally
occupied twenty-four (24) hours a day or provided with
twenty-four (24) -hour guard service."
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16.08.070 FIRE ALARM SYSTEM.
Subsection 1007.2.9.1.1 of the Uniform Fire Code is
hereby amended by adding thereto new Items 1, 2 and 3 to read as
follows:
1. Fire Warning Systems
Every existing dwelling unit and every existing guest room
in a hotel or lodging house used for sleeping purposes shall be
provided with a product of combustion smoke detector. In
dwelling units, detectors shall be mounted on the ceiling or wall
at a point centrally located in the corridor or area giving
access to rooms used for sleeping purposes. In an 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's instructions. When actuated, the
detector shall provide an alarm in the dwelling unit or guest
room.
When alterations, repairs or additions requiring a permit
and having a valuation in excess of $1,000 occur, or when one or
more sleeping rooms are added or created in existing.
single-family occupancies, the entire building shall be provided
with smoke detectors located as required for new Group R Division
3 Occupancies.
Smoke detectors may be battery operated when installed in
existing buildings, or in buildings without commercial power, or
in buildings which undergo alterations, repairs or additions
regulated by (f) (2) of this section.
2. Installation and Maintenance
It shall be the responsibility of the owner to supply and
install all required detectors. The owner shall be responsible
for testing and maintaining detectors in common stairways and
hallways. It shall be the responsibility of the tenant, whose
tenancy will be longer than two weeks, to test and maintain
detectors within dwelling units or rooming units and to notify
the owner or authorized agent, in writing, of any deficiencies.
The owner shall be responsible for providing each tenant with
written information regarding detector testing and maintenance,
or such information may be posted in common areas frequently
visited by tenants such as the laundry room area.
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The tenant shall be responsible for replacement of the
battery except that such battery shall be in operating condition
at the time that the tenant takes possession. The owner or
authorized agent shall not be in violation of this act for a
deficient smoke detector unless he or she has failed to correct
the deficiency within a reasonable time after he or she has
received written notice of the deficiency.
3. Inspections
An inspection for compliance shall be done concurrently with
the fire extinguisher inspections at apartment houses, efficiency
units and hotels. From three (3) to five (5) percent of said
units shall be inspected."
16.08.115 DISPENSING.
.010 Section 5202.4.1 of the Uniform Fire Code is hereby amended
to read as follows:
" (a) Aboveground Tanks. Class I and Class II liquids shall
not be dispensed into the fuel tank of a motor vehicle from
aboveground tanks except as follows:
Scope: The outside storage and dispensing of motor fuels
into
tanks of motor vehicles from an aboveground
tank(s),
specifically for commercial use and not intended
for retail
sales to the general public. Placement of these
systems
may be restricted as per local codes.
Note: This standard was developed for urban
application only.
Plans: Plans shall be submitted and approved prior to
installation for each application. The plans
shall indicate the method of storage and
dispensing quantities to be stored, distances from
buildings, and property lines,access ways,
fire -protection equipment, barrier
protection,secondary containment, design and
construction of tanks,supports, seismic design,
tank venting, vapor recovery,wiring and equipment,
electrical controls, safety rules,signage and any
additional information and requirementas required
by the Fire Chief.
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Permits:
Section 105 Permits shall be issued in accordance with UFC
Section 105 of the Uniform Fire Code. The storage
and dispensing of each installation shall be
reviewed and permitted annually. Permits issued
by other regulatory agencies must be obtained
prior to initial installation and renewed annually
if applicable.
Design and
Construction of
Tank Systems
UFC Section
7902.1.8.2 The design, fabrication and construction of tanks
shall be in accordance with the Uniform Fire Code.
The primary tank shall be double walled and
protected by a minimum listed or approved fire
resistive protection of two-hour rating, and
impact resistant per UBC Article 9 definition.
The aggregate quantity allowed on site shall be
limited to 2200 gallons. Any quantity above this
limit shall be approved by the Fire Chief.
Location on
Property Tank systems shall be located at least 15 feet
from property lines, public ways, or significant
buildings. For multi -tank locations, the tank
separation shall not be less than 3 feet.
Supports and
Foundations:
UFC §7902.1.13 Tanks shall rest on foundations made of concrete,
masonry, pilings or steel. Tank foundations shall
be designed to minimize the possibility of uneven
settling of the tank and to minimize corrosion in
any part of the tank resting on the foundations.
Steel tank supports shall be designed to U.L.
Standard 1709. The design of the supporting
structure shall be in accordance with the UBC and
well established engineering principles.
The design of the supporting structure for the
tank(s) shall be engineered to prevent excessive
load concentration upon supporting portion of tank
shell.
Seismic design as per the Uniform Building Code
(UBC) shall be applicable.
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Where a tank system is located in an area subject
to flooding, provisions of Appendix II -B apply.
Vehicular
Approach Pad A reinforced concrete surface sufficiently
covering the vehicle fueling area is required as
approved by the Fire Chief.
Barrier
Protection: Guard posts or other means shall be provided to
protect exterior storage tanks from vehicular
damage specified as follows:
1. 7' steel posts, with 4' above and 3' below
grade. The post shall be secured in a
1-squarefoot concrete footing.
2. The post shall be of 1/2" steel (schedule
40 6" diameter) and concrete filled with cap.
3. The posts shall be 48" apart on center.
4. The backside of the post shall be a
minimum of 4' from the tank.
Pipe, Valves,
and Fittings: In addition to the requirements outlined in
Section 7902.2.7 of the UFC, the following shall
apply: All equipment and devices shall be of an
approved type and listed by a nationally
recognized testing laboratory.
Pipe manifolding between individual tanks is
strictly prohibited. All piping shall be enclosed
in two-hour fire protection. Pipes containing
liquid are required to be double contained. This
includes the base of working and emergency vents
and fuel sleeves.
All tank openings shall be equipped with a fusible
linkvalve that is heat activated and will close,
preventing fumes from igniting. This device is
not required on the working or emergency vent and
must be approved by the Fire Chief.
Tanks shall be fitted with an approved overfill
device capable of shutting down filling operations
when tank reaches 90% capacity.
A coaxial breakaway device shall be required on
phase II vapor recovery systems. Vapor recovery
R
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equipment shall be in accordance with Section
5202.12 and local Air Quality regulations.
A check valve and shutoff valve with a dry break
device ("quick connect") shall be installed in the
piping at a point where connection and
disconnection is made for fuel delivery. This
device shall be permanently affixed and protected
from tampering and physical damage.
Emergency relief venting shall be in accordance
with UFC Section 7902.2.6 and NFPA 30A. Emergency
relief vents for gasoline tank systems shall have
an approved flame arrestor.
Diking Around
Tank System:
UFC §7902.2.8:
The requirement of containment around the tank
Tank System would be considered triple containment
with the exception of over spill during the tank
filling process. If the tank system does not have
over spill protection, containment around the tank
will be required.
Electrical
Controls:
All electrical wiring and equipment installed on
an aboveground tank system shall be of an approved
type and installed in accordance with UFC Table
5202.6 and the Electrical Code.
A clearly labeled, manually operated pump master
switch shall be provided in an approved location
that is within 75 feet, but not nearer than 15
feet to any dispenser. Signs identifying the pump
master switch shall be clearly labeled "EMERGENCY
PUMP SHUTOFF" in 4" high letters with 1/2"
strokes.
The master switch on all individual pump circuits
shall be turned off at the end of the business
day.
During the hours of operation, the tank system
site shall be provided with a fire alarm
transmitting device. Such device may be a
telephone that is readily available.
Monitoring: Electronic leak detection that complies with
California Code of Regulation (CCR) Title 23,
shall be requiredtomonitor the interstitial space
between the primary and secondary tank and the
bulkheads of a compartmentalized tank. This
monitor shall be tested annually by an outside
contractor.
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A written Leak Response Plan must be posted
adjacent tothe alarm panel to ensure proper
notification to local authority.
The integrity of the primary tanks shall be tested
by an independent testing company every five years
or after a significant event or possible breach of
integrity. The test results shall be submitted
within thirty (30) days to the Environmental
Protection Section of the Anaheim Fire Department,
and be maintained on site for three (3) years.
Tank Filling
Operations: Delivery operation shall comply with applicable
requirements of NFPA 385 Standard for Tank
Vehicles for Flammable and Combustible Liquids.
The delivery vehicle shall be separated from the
tank by at least 25'. The delivery hose line
shall not exceed 50' and shall be equipped with a
"quick connect: device. Tank filling shall not
begin until the delivery operator has determined
the available capacity and ensured that a dry
break device is present (see dry break
specifications under Pipes, Valves, and Fittings
section).
Dispensing
UFC §5201.4.1: Dispensers shall be equipped with a permanently
attached, approved pumping device mounted on top
of the tank. The hose shall be of an approved
length for fueling vehicles, equipment or
containers. Each tank shall have a pump that is
activated/deactivated when the nozzle is
removed/replaced."
Product delivery hoses must be equipped with a
listed emergency breakaway device. Such devices
shall beinstalled and maintained in accordance
with manufacturer's instructions.
A Listed automatic -closing nozzle valve shall be
installed with the followina features:
1. A latch open device.
2. Vapor recovery nozzles, incorporating
insertion interlock devices designed to
achieve shut-off upon disconnection from
vehicle fill pipe, are required.
Dispensing shall be done by a qualified, trained
employee.
P:
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The owner/operator provides and is accountable
for:
1. Daily site visits.
2. Routine equipment inspection and
maintenance.
3. Posting operating instructions.
4. Posting of the Leak Response Plan and
appropriate signage.
Safety: Signs prohibiting smoking, dispensing into
unapproved containers, requiring vehicle motors to
be stopped during fueling, and emergency
procedures, shall be posted at each location
visible from all dispensers.
Combustible storage is prohibited on top or within
10' of any tank.
Fencing shall be provided to protect tank system
from tampering or trespassing. Fence construction
shall not be less than 6' in height and of wire
mesh, solid metal sheathing or masonry.
Tanks shall be labeled in accordance with NFPA 704
M.
A fire extinguisher with a minimum classification
of 2-A/20 BC shall be installed no more than 75'
from any dispenser or fill pipe opening.
Flammable or combustible liquids or any waste
containing crude petroleum or its products shall
not be discharged into or upon any street, highway
drainage canal or ditch, storm drain, sewer or
flood control channel, lake or tidal waterway, or
upon the ground."
16.08.150 HAZARDOUS MATERIALS
Article 80 of the Uniform Fire Code entitled "Hazardous
Materials" is hereby amended as follows:
.010 Subsection 3.A of Section 8003.1.1 is hereby amended to
read as follows:
"3. Quantities not exceeding exempt amounts.
A. General. Storage of hazardous materials, in
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containers, cylinders and tanks, not exceeding the
exempt amounts specified in Sections 8003.2
through 8003.15 may be required to be in
accordance with this division if deemed necessary
by the Fire Chief."
.020 Subsection 5 of Section 8001.4.5.1 is hereby amended to
read as follows:
"5. Underground tanks. Underground tanks used for the
storage of hazardous materials shall be located and protected in
accordance with sections 7902.16 and 7902.6.15 of this code.
Secondary containment shall be provided for all new installations
of underground tanks. In addition, all such underground storage
tanks shall comply with the requirements of the California Health
and Safety Code, Chapter 6.7, commencing with sections 25280
through 25299.7 and Chapter 6.75, sections 25299.10 through
25299.81. Any subsequent changes to these statutes made by the
State of California during and after the adoption of this
ordinance shall hereby be adopted by reference unless
specifically amended otherwise. "
16.08.155 EXPANDING THE SCOPE OF APPENDIX II -A.
"Section 1 'SCOPE' of Appendix II -A, Division II
SPECIAL HAZARDS, Suppression and Control of Hazardous Fire Areas
of the Uniform Fire Code, 1994 Edition, is hereby amended to read
as follows:
Ill. SCOPE
(A) The unrestricted use of grass -,.grain-, brush- or
forest -covered land in hazardous fire areas is a potential menace
to life and property from fire and resulting erosion. Safeguards
to prevent the occurrence of fires and to provide adequate
fire -protection facilities to control the spread of fire which
might be caused by recreational, residential, commercial,
industrial or other activities conducted in hazardous fire areas
shall be in accordance with this appendix.
(B) All of the area within the City of Anaheim located
east of the Costa Mesa Freeway (SR -55), and south of the
Riverside Freeway (SR -91), is hereby designated a Special
Protection Area and shall comply with the provisions of this
Appendix II -A"
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16.08.160 CHRISTMAS TREE PERMITS
Section 2 of Appendix IV -B of the Uniform Fire Code
entitled " Permits" is hereby amended to read as follows:
"A permit is required prior to placement of the tree in
all A, E and I occupancies."
16.08.170 PERMITS REQUIRED
No person or organization shall occupy, use a building
or premises or engage in any activities for which a permit is
required without having first applied for and obtained a permit
to do so as provided in this chapter.
16.08.171 APPLICATION FOR PERMIT
Applications for permits shall be in writing and filed
with the Fire Chief.
When a public show or exhibit permit is being
requested, the application shall be filed no less than fourteen
(14) days prior to the date the permit is required. Such
application shall state the exact address where permit is
required, the name of the business or organization, the business
or organization telephone number, the owner or operator's
telephone number, the type of permit required, the description of
the operation and a plot plan drawn to scale or showing actual
dimensions, and such other information as shall be required by
the Fire Chief.
16.08.172 INVESTIGATION OF APPLICATION
Before issuing a requested permit, the Fire Chief shall
cause an investigation to be made regarding the application and
shall have the findings set forth in writing and attached to the
application.
16.08.173 ISSUANCE OR DENIAL OF PERMIT
If the Fire Chief determines, after the investigation,
that all applicable provisions of the law and of the Anaheim
Municipal Code, including the provisions of this chapter, are or
will be complied with and that the granting of the permit will
not be detrimental to the public safety, then he shall issue a
permit; otherwise, the application shall be denied.
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16.08.174 PERMIT FEES
For each and every permit issued pursuant to this
chapter, there shall be paid to the City of Anaheim Fire
Department a permit fee in such amount as established by
resolution of the City Council."
SECTION 3. VIOLATIONS - PENALTIES
Except where another penalty is provided pursuant to
state law, any person who shall violate any of the provisions of
this Chapter, or shall fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who
shall build in violation of any detailed statement or
specifications or plans submitted and approved thereunder, shall
severally for each and every such violation or noncompliance,
respectively, be guilty of a misdemeanor, punishable by a fine of
not more than One Thousand Dollars ($1,000.00) or by imprisonment
for not more than six (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 continue; and all
such persons shall be required to correct or remedy such
violations or defects within a reasonable time; and when not
otherwise specified, each day that the prohibited conditions 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 4. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance, 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 5. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal
hereby of any other ordinance of this City shall in any manner
affect the prosecution for violations of ordinances, which
violations were committed prior to the effective date hereof, nor
be construed as a waiver of any license or penalty or the penal
provisions applicable to any violation thereof. The provisions
of this ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
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SECTION 6. EFFECTIVE AND OPERATIVE DATES
This ordinance shall take effect immediately; however,
it shall become operative December 28, 1995.
SECTION 7. DECLARATION OF URGENCY.
The City Council declares that this ordinance is
necessary as an emergency measure for the immediate preservation
of the public peace, health or safety, and the reasons for the
urgency are as follows:
1. This ordinance adopts the Uniform Fire Code, 1994
Edition, with certain amendments thereto which are
reasonably necessary for preservation of the public
peace, health or safety (the local amendments).
_ 2. The local amendments are necessary due to certain
climatic, geographical and topographical conditions,
including the fact that the City of Anaheim is
geographically located in an area which is subject to
periodic extremely high velocity wind conditions. Said
condition is further accentuated by the topographical
features of the hill and canyon areas in the easterly
portion of the City. Additionally, the City of Anaheim
is subject to seasonal high temperatures and dry
atmospheric conditions which often occur during times
of the high velocity winds as hereinabove described.
Due to these local conditions, as well as other
conditions set forth more specifically in the
Resolution setting forth local conditions justifying
amendments to the Uniform Fire Code, it is necessary
for the welfare and safety of the citizens of Anaheim
that local amendments take place to govern the special
conditions of Anaheim.
3. Many of the local amendments being proposed in the
adoption of the Uniform Fire Code have been imposed for
a number of years and represent a stated practice
within the City. If the Uniform Fire Code without
local amendments becomes effective even for a short
period of time, it will create confusion in
enforcement, a large increase in the building fees that
will be paid by the public to obtain their permits and
will allow conditions necessitating such local
amendments to go unremedied.
4. Under Health and Safety Code Section 17958, the
Uniform Fire Code, without any local amendments, will
become effective in the City of Anaheim 180 days after
its adoption by the State Building Standards
Commission, or by December 18, 1995, if the City does
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not have its own ordinance in effect by that time.
5. Unless this ordinance, including the local
amendments set forth herein, is adopted as an emergency
measure, said ordinance will not be in effect on or
before December 28, 1995.
6. For the aforesaid reasons, it is necessary to adopt
this ordinance as an emergency measure for the
immediate preservation of the public peace, health or
safety.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 12th day of December,
1995.
MAYOR OF THE/ LCIITY OF ANAH VIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Leonora N. Sohl, City Clerk of the City of Anaheim, do hereby certify that the foregoing urgency Ordinance
No. 5537 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the
12th day of December, 1995 and after reading of the ordinance in full by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Zemel, Feldhaus, Lopez, Daly
NOES: COUNCIL MEMBERS: Tait
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5537 on the 12th day
of December, 1995.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th
day of December, 1995.
— Z���L
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5537 and was published once in the Orange County Register on the 21st day of December, 1995.
X��' � 4Z��
CITY CLERK OF THE CITY OF ANAHEIM