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4999FOLLOWS: ORDINANCE NO. 4999 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE ADOPTING THE UNIFORM FIRE CODE, 1988 EDITION, WITH CERTAIN AMENDMENTS THERETO. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 16.08 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, repealed. SECTION 2. That new Chapter 16.08 of Title 16 be, and the same is hereby, added to the Anaheim Municipal Code, to read as follows: "Chapter 16.08 UNIFORM FIRE CODE ADOPTED 16.08.010 APPROVAL. The City Council does find and determine, as a result of study and investigation conducted by the City and its Fire Department, that the Uniform Fire Code, 1988 Edition, including the Appendices thereto, is an approved code for adoption by reference within the meaning of Section 50022.1 of the Government Code of the State of California. 16.08.020 ADOPTION OF THE UNIFORM FIRE CODE, 1988 EDITION, WITH APPENDICES. Pursuant to the provisions of Section 50022.1 to 50022.8, inclusive, of the Government Code of the State of California, the City Council of the City of Anaheim does hereby adopt, by reference, the Uniform Fire Code, 1988 Edition, including Appendices I -A, I -C, II -A, II -B, II -C, II -D, III -A, III -B, III -C, III -D, IV -A, V-A, VI -A and VI -B; with certain amendments thereto as hereinafter set forth; that three (3) or more copies of the Code shall be filed in the office of the City Clerk and shall be kept there for public inspection while the Code is enforced, all of which copies shall be certified to be true copies by the City Clerk. The City Clerk shall, at all times, maintain a reasonable supply of copies of the Code available for purchase by the public at a moderate price not to exceed the actual cost thereof to the City of Anaheim. 16.08.030 SECTION 2.303 AMENDED - BOARD OF APPEALS. Section 2.303 of the Uniform Fire Code is hereby amended to read as follows: "BOARD OF APPEALS SECTION 2.303 (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 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 -2- 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." 16.08.040 SECTION 4.101 AMENDED - PERMITS. Section 4.101 of the Uniform Fire Code is hereby amended by adding to the first paragraph of Section 4.101 the following: "Permits or certificates are required for each of the following activities:" 16.08.050 FIXED FIRE PROTECTION SYSTEMS Section 10.305 (b) of the Uniform Fire Code is hereby amended to read as follows: "(b) Approvals. All fire -extinguishing systems, including automatic sprinkler systems, Class I, II and III combined standpipes, Halon systems and other special automatic extinguishing systems, and basement pipe inlets shall be approved and shall be subject to periodic tests as may be required. A condition of approval of Halon systems shall be satisfactory passage of a full discharge test utilizing an approved test gas prior to final acceptance of the system. Such test is only required when the room protected by the Halon system is not equipped with an automatic sprinkler system. The location of all fire department hose connections shall be approved by the Fire Chief." 16.08.060 AUTOMATIC SPRINKLER SYSTEMS Section 10.306 of the Uniform Fire Code is hereby amended to read as follows: "SECTION 10.306 (1) All new occupancies after the enactment of this ordinance (exceptions: Group R, Division 1 less than four (4) stories and Group R, Division 3), shall be equipped with an approved automatic sprinkler system throughout designed to NFPA 13 specifications. Exception No. 1: Group R, Division 1, 4 stories or less shall be equipped with an automatic sprinkler system designed to NFPA 13R specifications. Exception No. 2: For Group R, Division 3, 2 units or less, the installation of residential sprinkler systems shall be in accordance with National Fire Protection Association 13-D Standard 1985 Edition, published by the National Fire Protection Association, copyright 1985, Batterymarch Park, Quincy, -3- Massachusetts 02269, ('NFPA 13-D') with the following amendments: a. Section 1-3 of NFPA 13-D is hereby amended to add the following definitions: 'Cages. Sprinkler head protection in garages. QRS. Quick Response Sprinkler. Qualifications. Installers of residential systems shall have a California State B-1, C-16, or C-36 license.' b. Subsection 1-5.1.4 of Section 1-5 and Section A-1-5.1.4 of Appendix A of NFPA 13-D are hereby amended to read as follows: 'All systems shall be tested for leakage for a 24-hour cold water test at 125 psi. The allowable droD in Dressure in the 24-hour test period shall not exceed 100. (a) All lines and sprinkler heads will be in place. (b) Pressure test will be conducted prior to insulation and drywall. (c) Pressure and flow switch will be installed.' C. Section 2-1 of NFPA 13-D is hereby amended to read as follows: 'Every automatic sprinkler system shall have at least one automatic water supply. When stored water is used as the sole source of supply, the minimum quantity shall equal—the water demand rate times 20 minutes. See 4-1.3)1 d. Table 3-3.1 of NFPA 13-D is hereby amended by adding thereto: 'CPVC Pipe ASTMF 442' e. Table 3-3.5 of NFPA 13-D is hereby amended by adding thereto: 'CPVC fittings, ASTM F437 and ASTM F439' f. Subsection 3-4.1 of Section 3-4 of NFPA 13-D is hereby amended by adding thereto: -4- '(a) No 'J' hooks or plumber tape installation are permitted on plastic pipe. (b) Piping support shall be no more than 6" from sprinkler heads or drop.' g. Subsection 4-4.2 of Section 4-4 of NFPA 13-D is hereby amended to read as follows: 'Minimum pipe shall be 3/4" for copper and plastic pipe, and 1" for steel.' h. Section 4-6 of NFPA 13-D is hereby amended to read as follows: 14-6 Location of Sprinklers. Sprinklers shall be installed in all areas. Exception No. 1: Sprinklers may be omitted from bathrooms not exceeding 55 square feet (5.lm2) with noncombustible plumbing fixtures. Exception No. 2: Sprinklers may be omitted from small closets where the least dimension does not exceed 3 feet (0.9m and the area does not exceed 24 square feet (2.2m ) and the walls and ceiling are surfaced with noncombustible materials. Exception No. 3: Sprinklers may be omitted from attached porches. Attached garages, garages within 10 feet of the dwelling, and attached carports are not exempt. Exception No. 4: Sprinklers may be omitted from attic and crawl spaces which are not used or intended for living purposes or storage. These spaces must be less than 5 feet in height in any one place and must cover an area less than fifty percent of the floor directly below.' 16.08.070 FIRE ALARM SYSTEM. Section 14.104 of the Uniform Fire Code is hereby amended by adding thereto new subsections (f), (g) and (h) to read as follows: "SECTION 14.104 (f) Fire Warning Systems (1) 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 -5- 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. (2) 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. (3) Smoke detectors may be battery operated when installed in existing buildings, or in buildings without commercial power, or in buildings which under o alterations, repairs or additions regulated by (f) (2 of this section. (g) 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. 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 tc correct the deficiency within a reasonable time after he or she has received written notice of the deficiency. (h) 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." 16.08.080 ARTICLE 78, "FIREWORKS," OF THE UNIFORM FIRE CODE DELETED. Article 78 of the Uniform Fire Code entitled "Fireworks" is hereby deleted. 16.08.090 TANK STORAGE Section 79.501 of the Uniform Fire Code is hereby amended to read as follows: "The storage of Class I and Class II liquids in above ground tanks outside of buildings will be allowed only in ML and MH zones established by the City of Anaheim zoning laws. Tanks shall be installed as per the requirements listed in Table No. 79.403." 16.08.100 HAZARDOUS MATERIALS Article 80 of the Uniform Fire Code entitled "Hazardous Materials" is hereby amended as follows: .010 Section 80.101 is hereby amended to read as follows: "Sec. 80.101 The purpose of this article is to provide requirements for the prevention, control and mitigation of dangerous conditions related to hazardous materials and to provide information needed by emergency response personnel. Hazardous materials are those chemicals or substances defined as such in Article 9. See Appendix VI -A for the classification of hazard categories and hazard evaluations. The general provisions and requirements in Division I shall apply to all hazardous materials, including those materials regulated elsewhere in this code, except that when specific requirements are provided in other articles, those specific requirements shall apply. When a material has multiple hazards, all hazards shall be addressed. The provisions of this article related to health hazards as defined in this article and classified in Division II of this article are waived when the chief or other official charged with the enforcement of this code has determined that such enforcement is preempted by other codes, statutes or ordinances. The details of any action granting any such waiver shall be recorded and entered in the files of the code enforcement agency. The classification system referenced in Division II shall apply to all hazardous materials, including those materials regulated elsewhere in this code. -7- EXCEPTIONS: (1) The off-site transportation of hazardous materials when in conformance with the Department of Transportation (DOT) regulations. (2) The quantities of alcoholic beverages, medicines, foodstuffs and cosmetics, containing not more than 50 percent by volume of water -miscible liquids and with the remainder of the solutions not being flammable, in retail sales occupancies are unlimited when packaged in individual container not exceeding 4 liters. (3) For retail display of non-flammable solid and non-flammable or non-combustible liquid hazardous materials in Group B, Division 2 retail sales occupancies, see Sec. 80.109. For existing buildings, see Section 1.103 (b)." .020 New Section 80.109 is hereby added to read as follows: "Retail Display Sec. 80.109. The aggregate quantity of non-flammable solid and non-flammable or non-combustible liquid hazardous materials permitted within a single control area of a Group B, Division 2 retail sales occupancy may exceed the exempt amounts specified in Division III, tables 80.306-A., 80.309-A, 80.310-A, 80.312-A, 80.314-A and 80-315-A. The maximum allowable quantity in pounds or gallons permitted within a single control area of a retail sales occupancy shall be the amount obtained by multiplying the exempt amount specified in the Division III exempt amount tables by the following density factor, and then multiplying that product by the square footage of the area. The maximum aggregate floor area for hazardous material retail display or storage over which the density factor may be applied shall not exceed 1,500 square feet per control area. Hazard Classification Physical Hazards Class 4 Class 3 Class 2 Class 1 Health Hazards 11 Density Factor NOT PERMITTED 0.075 0.006 0.003 0.0013 The area of storage or display shall also comply with the following requirements: (a) Display of solids shall not exceed 200 pounds per -8- square foot of floor area actually occupied by the solid merchandise. (b) Display of liquids shall not exceed 20 gallons per square foot of floor area actually occupied by the liquid merchandise. (c) Display height shall not exceed 6 feet. (d) Individual containers less than S gallons or less than 25 pounds shall be stored on pallets, racks or shelves. (e) Storage racks and shelves shall be in accordance with the provisions of Sec. 80.301(i). (f) Containers shall be approved for the use intended. (g) Individual containers shall not exceed 100 pounds or 5 gallons capacity. (h) Incompatible materials shall be separated in accordance with the provisions of Sec. 80.301(n). (i) Floors shall be in accordance with the provisions of Sec. 80.301(z). (j) Aisles 4 feet in width shall be maintained on 3 sides of the display area. (k) Hazard identification signs shall be provided in accordance with the provisions of Sec. 80.104(e)." .030 Section 80.306 (a), subdivisions 1 and 2 are hereby amended to read as follows: "Sec. 80.306. (a) Indoor Storage. (1) General. Indoor storage of liquid and solid oxidizers shall be in accordance with section 80.306(a) and the general provisions specified in Section 80.301. EXCEPTION: (1) For retail display of non-flammable solid and non-flammable or non-combustible liquid Class 1, 2, and 3 oxidizers, see Sec. 80.109. (2) Exempt amounts. When the amount of liquid and solid oxidizers stored in one control area exceeds that specified in Table No. 80.306-A, such storage shall be within a room or building conforming to the Building Code requirements for the following occupancies: Oxidizer Class Class 4 Class 3 Class 1 and 2 Occupancy Group H-1 H-2 H-3 Storage in excess of the exempt amounts specified in Table No. 80.306-A shall comply with Items 3 through 14. Storage not exceeding the exempt amounts specified in Table No. 80.306-A shall comply with Items 12 and 13. MOZ TABLE NO. 80.306-A LIQUID AND SOLID OXIDIZERS) 2 3 EXEMPT AMOUNTS CONI) T T T nN EXEMPT AMOUNT (Pounds) CL1 CL2 CL3 CL4 Unprotected by sprinklers or cabinet 1,000 250 10 0 Within cabinet in unsprinklered building 2,000 500 20 0 In sprinklered building, not in cabinet 2,000 500 20 1 In sprinklered building, within cabinet 4,000 1,000 40 2 1 No exempt amounts of Class 4 oxidizers are permitted in Group R Occupancies or offices or retail sales portions of Group B Occupancies. 2 No exempt amounts of Class 4 oxidizers are permitted in Group A, E, I, or M Occupancies or in classrooms of Group B Occupancies unless storage is within a hazardous materials storage cabinet containing no other storage. 3 A maximum quantity of 200 pounds of solid or 20 gallons of liquid Class 3 oxidizers may be permitted in I, M, and R occupancies, when such materials are necessary for maintenance purposes or operation of equipment. The oxidizers shall be stored in approved containers and in a manner approved by the Chief." .040 Section 80.309. (a) subdivision 1 is hereby amended to read as follows: "Sec. 80.309. (a) Indoor storage. 1. General. Indoor storage of unstable (reactive) materials shall be in accordance with the provisions of Section 80.309 (a) and the general provisions specified in Section 80.301. EXCEPTIONS: (1) Detonatable unstable (reactive) materials shall be stored in accordance with Article 77. (2) For retail display of non-flammable solid and non-flammable or non-combustible liquid unstable (reactive) materials, see Section 80.109." -10- .050 Section 80.310 (a) subdivision 1 hereby amended to read as follows: "Sec. 80.310 (a) Indoor Storage. (1) General. Indoor storage of water -reactive materials shall be in accordance with the provisions of Section 80.310 (a) and the general provisions specified in Section 80.301. EXCEPTION: For retail display of non-flammable solid and non-flammable or non-combustible liquid water -reactive materials, see Section 80.109." 060 Section 80.312 (a) subdivision 1 is hereby amended to read as follows: "Sec. 80.312 (a) Indoor Storage. 1. General. Indoor storage of highly toxic solids and liquids shall be in accordance with the provisions specified in Subsections 80.312 (a) and (c) and Section 80.301. EXCEPTION: For retail display of non-flammable solid and non-flammable or non-combustible liquid highly toxic materials, see Sec. 80.109." .070 Section 80.314 (a) subdivision 1 is hereby amended to read as follows: "Sec. 80.314 (a) Indoor Storage. (1) General. Indoor storage of corrosive materials shall be in accordance with the provisions of Section 80.314 (a) and the general provisions specified in Section 80.301. EXCEPTION: For retail display of non-flammable solid and non-flammable or non-combustible liquid corrosive materials, see Sec. 80.109." .080 Section 80.315 (a) subdivision 1 is hereby amended to read as follows: "Sec. 80.315 (a) Indoor Storage. 1. General. Indoor storage of other health hazard solids, liquids and gases shall be in accordance with the provisions of Sections 80.315 (a) and (c) and the general -11- provisions specified in Section 80.301. EXCEPTION: For retail display of non-flammable solid and non-combustible or non-flammable liquid other health hazard materials, see Sec. 80.109." 16.08.110 VIOLATIONS - PENALTIES 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 ($1000.00) 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. 16.08.111 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. 16.08.112 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. 16.08.113 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 -12- attached to the application. 16.08.114 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. 16.08.115 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. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. 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 S. 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 -13- the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 18th day of April, 1989. M OR F TY OF HEIM ATTEST: ASSISTANT CITY CLERK OF THE CITY F ANAHEIM LAMM:dg 2880L -14- CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4999 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 28th day of February, 1989, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 18th day of April, 1989, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Pickler, Kaywood and Hunter NOES: COUNCIL MEMBERS: Daly and Ehrle ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4999 on the 20th day of April, 1989. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 20th day of April, 1989. 40"w ASSISTANT CITY CLERK OF HE CITY OF ANAHEIM (SEAL) I, ANN M. SAUVAGEAU, Assistant City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4999 and was published once in the Anaheim Bulletin on the 18th day of April, 1989. ASSISTANT CITY CLERK OF 'HE CITY OF ANAHEIM