5822ORDINANCE NO. 5822
AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING EXISTING
CHAPTER 16.08 AND ADDING NEW CHAPTER 16.08 OF THE ANAHEIM
MUNICIPAL CODE ADOPTING BY REFERENCE WITH AMENDMENTS THE
2001 CALIFORNIA FIRE CODE, INCORPORATING BY REFERENCE THE
2000 EDITION OF THE UNIFORM FIRE CODE, WITH CALIFORNIA
AMENDMENTS, AS CODIFIED WITHIN THE CALIFORNIA BUILDING
STANDARDS CODE, PART 9, TITLE 24 OF THE CALIFORNIA CODE OF
REGULATIONS
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS:
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be, and the same is hereby, repealed.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
CALIFORNIA 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 2001 Edition of the California Fire Code, incorporating by
reference the 2000 Uniform Fire Code with California amendments, as
codified in the Building Standards Code, Part 9, Title 24 of the
California Code of Regulations, is an approved code for adoption by
reference within the meaning of Section 50022.1 et seq of the
Government Code of the State of California.
16.08.020 ADOPTION OF THE CALIFORNIA FIRE CODE,
2001 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 2001 Edition of the California Fire Code, incorporating by
reference the 2000 Uniform Fire Code with California Amendments, as
codified within Part 9, Title 24 of the California Code of
Regulations, also known as the California Building Standards Code,
as amended by this Chapter, including Appendices I -C, II -A, II -B,
II -C, II -D, II -I, II -K, III -A, III -B, III -C, III -D, IV -A, IV -B, V-A,
VI -A, VI -B, VI -C, VI -D, VI -E, VI -G, VI -H, VI -I, VI -J, VI -K
(hereinafter "2001 California Fire Code"), and directs 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 the 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 BOARD OF APPEALS
Subsection 103.1.4 of Section 103 of the 2001 California Fire
Code is hereby amended to read as follows:
'Section 103.1.4 Appeals.
(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 Planning
Commission 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. Said members shall hold their respective membership
on said Board of Appeals by reason of, and concurrently
with their respective terms of service as Planning
Commissioners and shall cease to be such members upon
their ceasing to be commissioners. Whenever any reference
to Board of Appeals shall appear in this Code, it shall
mean the Planning Commission 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 California Fire Code do not apply or that the true
intent and meaning of the California Fire Code has been
misconstrued or wrongly interpreted, the applicant may
appeal from a decision of the chief of the Fire Department
or the chief of the Division of Fire Prevention to the
2
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,
c) 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.'
16.08.040 REVIEW OF BUILDING PERMITS
Subsection 103.3.2.4 is hereby added to Section 103 of the 2001
California Fire Code to read as follows:
'103.3.2.4 Review of Building Permits.
(a) No building permit shall be issued pursuant to
section 15.05 et seq of the Anaheim Municipal code for the
construction, addition, alteration or repair of any
building or structure which would result in noncompliance
with the requirements of the fire code. The fire marshal
and the building official shall establish administrative
procedures designed to promote expeditious review of
3
building permit applications.
(b) The fire marshal and the building official may
require such site plans, building plans, elevations, and
other documentation from the applicant as may be necessary
to determine such compliance and may impose such
conditions on approval of an application as are necessary
to assure such compliance No building or structure subject
to such review and approval shall be finally released for
utility service or occupancy which is not in compliance
with the building permit as approved or conditionally
approved.'
16.08.050 PERMIT FEES
Subsection 105.2.4 is hereby added to Section 105 of the 2001
California Fire Code to read as follows:
`Subsection 105.2.4 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.'
16.08.060 PERMITS REQUIRED
.010 Subsection 105.8 of Section 105 of the 2001 California
Fire Code is hereby amended by deleting the following from the list
of activities, operations, practices, or functions requiring a
permit:
'f.1 Fire hydrants and water -control valves.'
.020 Subsection 105.8 of Section 105 of the California Fire
Code is hereby amended by the addition of the following to the list
of activities, operations, practices, or functions requiring a
permit:
'c.10 Christmas Tree Lot. To operate a Christmas
Tree Lot in the City of Anaheim.
e.2 Exhibition or Trade Show. To conduct an
exhibition or trade show in a public assembly.
.91
p.4 Activities or Use in Conjunction with an
Exhibition or Trade Show in a public assembly. The
following require a permit when used or placed in an
exhibition or trade show:
1. Combustible or Flammable Aerosols
2. Compressed Gases
3. Cooking Appliances
4. Dust Producing Equipment
5. Flammable or combustible Liquids
6. Heat Producing Equipment
7. Lasers
8. Machinery With Moving Parts
9. Two Story Structures
p.5 Pumpkin Patch Lots.
lot in the City of Anaheim.
r.4 Recreational Fire.
fire, see Section 1102.4
To operate a Pumpkin Patch
To conduct a recreational
s.2 Special Activities Permit. A permit issued by
the Anaheim Fire Department for conditions, events, or
activities associated with a public assembly to insure
compliance with Article 25 of this code. Such condition
events or activities include, but are not limited to
haunted houses or fairs.'
16.08.070 FIRE HYDRANT SYSTEMS TESTING AND MAINTENANCE
Subsection 903.4.1.2 of Section 903 of the 2001 California Fire
Code is hereby amended to read as follows:
'903.4.1.2 Testing And Maintenance of Private Fire
Hydrants
a) General Requirements.
To assure proper functioning, private fire
hydrants shall be tested every two years or
immediately after relocation or repair. The Fire
Chief may require a more frequent testing schedule if
it is determined to be necessary to assure the proper
functioning and maintenance of private fire hydrants.
Hydrant owners shall report a hydrant as out of
5
service to the City of Anaheim Fire Department
dispatcher when it is not functioning properly and
also when the hydrant has been returned to its proper
condition. A private hydrant is any hydrant not
belonging to the City of Anaheim Public Utilities
Department.
b) Responsibility of Testing and Maintenance.
The owners of any premises on which or on
account of which private fire hydrants are installed,
shall have the hydrants tested by a person who has
demonstrated their competency in testing fire
hydrants to the City of Anaheim Fire Department.
Private hydrants shall be immediately serviced,
overhauled or replaced whenever they are found to be
defective. All costs of testing, repair and
maintenance shall be borne by the property owner.
The City of Anaheim Fire Department will supply
hydrant owners with a list of persons acceptable to
the City of Anaheim Fire Department to test private
fire hydrants. The City of Anaheim will notify
hydrant owners by mail or in person when testing of a
private fire hydrant is needed.
c) Testing and Maintenance Requirements.
The persons testing private fire hydrants shall
perform such tests and maintenance as required by the
City of Anaheim Fire Department. Testing and
maintenance shall assure private hydrants are ready
for emergency use, provide unobstructed and adequate
water flow, are identifiable and accessibly to fire
personnel and all parts and connections are in
working condition such that the operation of the fire
hydrants may be readily accomplished by fire
personnel.
d) Testing Notification.
Any person testing a
notify the Fire Department
company prior to and after
avoid false alarms.
1.1
private fire hydrant shall
dispatcher and fire alarm
work on the hydrant to
e) Certification of Private Fire Hydrant Tester.
Each applicant for certification as a tester of
private fire hydrants shall demonstrate their
qualifications to do such work to the City of Anaheim
Fire Department. Qualifications shall include but
not be limited to current California State
contractors C-16 or C-36 license and a City of
Anaheim business license, Competency in all phases of
private fire hydrant testing and repair must be
demonstrated by means of education and/or experience.
Each tester shall be responsible for the competency
and accuracy of all tests, reports and repairs
performed by the tester.
f) All private fire hydrants shall be painted red.'
16.08.080 FIRE EXTINGUISHING SYSTEMS
Subsection 1003.1.1 of Section 1003 of the 2001 California Fire
Code is hereby amended to read as follows:
'1003.1.1 General.
a) Fire -extinguishing systems shall be installed in
accordance with the Building Code and Section 1003.
b) Fire hose threads used in connection with fire -
extinguishing systems shall be national standard hose
thread or as approved by the fire department.
c) The location of fire department hose connections
shall be approved by the fire department.
d) In buildings used for high -piled storage, fire
protection shall be in accordance with Article 81.
e) All fire -sprinkler systems shall be designed to
utilize not more that 90 percent of the available water
supply as indicated by a submitted graph sheet as required
by the California Fire Code.'
7
16.08.090 FIRE ALARM SYSTEM
Subsection 1006.2.9.3.4 is hereby added to Section 1006 of the
2001 California Fire Code to read as follows:
'1006.2.9.3.4
a) Installation and Maintenance within Existing
Group R Occupancies.
1) 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.
2) 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.'
16.08.100 OCCUPANT COUNT
Subsection 2501.16.4 is hereby added to Section 2501 of the
2001 California Fire Code to read as follows:
'2501.16.4 Occupant Count.
The manager/owner of each place of assembly shall
have an effective system to maintain a count of the number
of occupants present in the assembly area. Such system
F
shall be enacted when the occupant load reaches seventy-
five (75) percent or greater of the posted capacity. If
at any time, the chief determines that an accurate count
of occupants is not being maintained, the occupancy shall
be cleared until an accurate count can be made.'
16.08.110 FIBERGLASS -REINFORCED PLASTIC PIPING
Subsection 7901.11.7.2 of Section 7901 of the 2001 California
Fire Code is hereby amended to read as follows:
'7901.11.7.2 Fiberglass -reinforced Plastic Piping.
Fiberglass -reinforced plastic (FRP) piping shall be
provided with flexible joints in accordance with
Subsection 7901.11.7.1.'
16.08.120 TANKS ABANDONED IN PLACE
Subsection 7902.1.7.2.4 of Section 7902 of the 2001 California
Fire Code is hereby amended to read as follows:
'7902.1.7.2.4 Tanks abandoned in place. Tanks
abandoned in place shall be in accordance with Anaheim
Fire Department, Underground Tank Abandonment -in -Place
Guidelines, copies of which are on file at the Anaheim
Fire Department.'
16.08.130 REMOVING TANKS
Subsection 7902.1.7.4.1 of Section 7902 of the 2001 California
Fire Code is hereby amended to read as follows:
'7902.1.7.4.1 General. Removal of underground tanks
shall be in accordance with, Anaheim Fire Department,
Underground Tank Removal Guidelines, copies of which are
on file at the Anaheim Fire Department. Removal of
aboveground tanks shall be in accordance with the
following:
1. Flammable and combustible liquids shall be
removed from the tank and connecting piping.
2. Piping at tank openings which is not to be
used further shall be disconnected.
7
3. Piping shall be removed from the ground or
abandoned in place in a manner approved by the chief.
4. Tank openings shall be capped or plugged,
leaving a 1/8 -inch to 1/4 -inch -diameter opening for
pressure equalization, and
5. Tanks shall be purged of vapor and inerted
prior to removal.'
16.08.140 REINSTALLATION OF UNDERGROUND TANKS
Subsection 7902.1.7.2.5 of Section 7902 of the 2001 California
Fire Code is hereby amended to read as follows:
'7902.1.7.2.5 Reinstallation of underground tanks.
Tanks which are to be reinstalled for flammable or
combustible liquid storage shall comply with the
provisions of Article 79 and shall be re -certified by the
original tank manufacturer.'
16.08.150 TANK LININGS
Subsection 7902.1.8.2.9 of Section 7902 of the
2001 California Fire Code is hereby amended to read as follows:
'7902.1.8.2.9 Tank Lining. Tank lining is not
allowed unless approved by the chief.'
16.08.160 VAULTED TANKS
Subsection 7902.1.10.1 of Section 7902 of the 2001 California
Fire Code is hereby amended to read as follows:
'7902.1.10.1 General. Storage of flammable or
combustible liquids in tanks located with below -grade
vaults is not allowed unless approved by the chief.'
16.08.170 TANKS AT GRADE
Subsection 7902.1.16.2 of Section 7902 of the 2001 California
Fire Code is hereby amended to read as follows:
'7902.1.16.2 Tanks at grade. Tanks shall rest on
foundations made of concrete, masonry, piling or steel.
10
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
foundation.'
16.08.180 UNDERGROUND TANK STORAGE
Subsection 7902.6.1 of Section 7902 of 2001 California Fire
Code is hereby amended to read as follows:
17902.6.1 General. Underground storage of flammable
and combustible liquids in tanks shall be in accordance
with Sections 7902.1 and 7902.6.'
16.08.190 SPILL CONTAINERS
Subsection 7902.6.5.2 of Section 7902 of the 2001 California
Fire Code is hereby amended to read as follows:
17902.6.5.2 Spill Containers. A spill container
shall be provided for each fill pipe to collect liquids
spilled by overfilling during tank filling operations.
Containers are allowed to be constructed of single-wall
construction and must be within a monitored containment
sump attached to the tank. Containers shall have a
capacity of not less than 5 gallons (18.9L) and shall be
maintained free of liquid.'
16.08.200 USED TANKS
Subsection 7902.6.9 of Section 7902 of the 2001 California Fire
Code is hereby amended to read as follows:
'7902.6.9 Used tanks. Reinstallation of used tanks
is allowed when such tanks comply with the requirements of
Sections 7902.1.7.2.5,7902.1.8 and 7902.6.15. See also
Section 7902.6.16.4.'
16.08.210 TANK LINING
Subsection 7902.6.10 of Section 7902 of the 2001 California
Fire Code is hereby amended to read as follows:
'7902.6.10 Tank lining.
unless approve by the chief.'
11
Tank lining is not allowed
16.08.220 CATHODIC PROTECTION
Subsection 7902.6.15.2 of Section 7902 of the 2001 California
Fire Code is hereby amended to read as follows:
17902.6.15.2 Cathodic Protection. Cathodic
protection systems are not allowed unless approved by the
chief.'
16.08.230 NEW TANKS
Subsection 7902.6.16.2 of Section 7902 of the 2001 California
Fire Code is hereby amended to read as follows:
17902.6.16.2 New Tanks. New underground tanks shall
be tested in accordance with Anaheim Fire Department,
Underground Tank Installation Guidelines, copies of which
are on file at the Anaheim Fire Department. Pneumatic
testing shall not be used on a tank containing flammable
or combustible liquids or vapors.'
16.08.240 EXISTING TANKS AND PIPING
Subsection 7902.6.16.3 of Section 7902 of the
2001 California Fire Code is hereby amended to read as follows:
17902.6.16.3 Existing Tanks and Piping. Existing
underground storage tanks and piping shall be tested in
accordance with Subsection 7902.6.16.3 at the owner's or
operator's expense when the chief has reasonable cause to
believe that a leak exists or to verify containment is
intact. Orders by the chief requiring testing on
underground tanks or piping shall indicate that the test
be completed by a specified date. Tanks shall be emptied
of flammable or combustible liquids, and piping and other
equipment shall not be used if required tests are not
completed within the specified time.
The method of testing shall establish conclusively
that the tank and piping is intact and not leaking.
Pneumatic testing shall not be used for tank or piping
containing flammable or combustible liquids or vapors.
Leaking piping and equipment shall not be used until
repaired or replaced.
12
The chief is authorized to require that the test be
conducted in the chief's presence.'
16.08.250 HAZARDOUS MATERIAL
INVENTORY STATEMENT
Subsection 8001.3.3 of Section 8001 of the 2001 California Fire
Code is hereby amended to read as follows:
'8001.3.3 Hazardous materials inventory statement.
When required by the chief, each application for a
permit shall include a hazardous materials inventory
statement (HMIS). The HMIS shall comply with the
requirements of Health and Safety Code, Chapter 6.95,
Sections 25500 through 25545, and Title 19, Division 2,
Chapter 3 of the California Code of Regulations.
Submission of an approved Anaheim Fire Department
Hazardous Materials Inventory form shall be deemed to meet
this requirement. To determine compliance with Article
80, a complete chemical inventory shall be provided. The
inventory shall be prepared according to the chemical
classification packet as printed by the Anaheim Fire
Department.'
16.08.260 UNDERGROUND TANKS
Subsection 8001.4.5.1.1 of Section 8001.4.5.1 of the
2001 California Fire Code is hereby amended to read as follows:
'8001.4.5.1.1 General.
Underground tanks used for the storage of hazardous
materials shall be located and protected in accordance
with sections 7902.6 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
13
reference unless specifically amended otherwise.'
16.08.270 SCOPE
Section 1 of Appendix II -A of the 2001 California Fire Code,
Suppression and Control of Hazardous Fire Areas, is hereby amended
to read as follows:
'Section 1. Scope.
(a) The unrestricted use of grass-, 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 conduced 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 -SS), 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.'
16.08.280 SMOKING
Section 6 of Appendix II -A of the 2001 California Fire Code,
Suppression and Control of Hazardous Fire Areas, is hereby amended
to read as follows:
'Section 6. SMOKING. Lighting, igniting or otherwise
setting fire to or smoking tobacco, cigarettes, pipes, or
cigars in posted areas is prohibited.'
16.08.290 SPARK ARRESTERS
Section 7 of Appendix II -A of the 2001 California Fire Code,
Suppression and Control of Hazardous Fire Areas, is hereby amended
to read as follows:
14
'Section 7. SPARK ARRESTERS.
All chimneys used in conjunction with fireplaces,
barbecues, incinerators or heating appliances in which
solid, liquid, or gas fuel is used shall be provided with
a spark arrester constructed with heavy wire mesh or other
noncombustible material with openings not to exceed one-
half inch.'
16.08.300 TRACER BULLETS, TRACER CHARGES,
ROCKETS AND MODEL AIRCRAFT
Section 8 of Appendix II -A of the 2001 California Fire Code,
Suppression and Control of Hazardous Fire Areas, is hereby amended
to read as follows:
'Section 8. TRACER BULLETS, TRACER CHARGES,
ROCKETS AND MODEL AIRCRAFT.
a) Tracer bullets and tracer charges shall not be
possessed, fixed or caused to be fired into or across
hazardous areas including the Special Protection Area.
b) Rockets, model planes, gliders and balloons
powered with an engine, propellant or other feature liable
to start or cause fire shall not be fired or projected
into or across the hazardous areas and/or the Special
Protection Area without a permit from the chief.'
16.08.310 FIREWORKS
Section 10 of Appendix II -A of the 2001 California Fire Code,
Suppression and Control of Hazardous Fire Areas, is hereby amended
to read as follows:
'Section 10 FIREWORKS
Fireworks shall not be used or possessed in hazardous
areas and/or the special Protection Area.
Exception: Aerial displays as approved and permitted by
the chief.'
15
16.08.320 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 hereunder, 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 3. SEVERABILITY
The City Council of the City of Anaheim hereby declares
that should any section, paragraph, sentence or word of this
ordinance 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 4. SAVINGS CLAUSE
Neither the adoption of this ordinance, nor the repeal 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 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.
16
SECTION 5. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall become effective thirty (30) days
from and after the date of its adoption by the City Council.
Publication of this Ordinance shall be effected in accordance with
the requirements of the Anaheim City Charter.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 1st day of October ,
2002.
ATTEST:
2 /( 111f
ITY CLER9 OF THE CITY OF ANAHEIM
45949.1
MAYOR OF THE CITY OF ANAHEIM
Pro Tem
17
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing
Ordinance No. 5822 was introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 27th day of August, 2002, and that the same was duly passed and adopted
at a regular meeting of said City Council held on the 1st day of October, 2002, by the following
vote of the members thereof:
AYES:
NOES:
ABSENT
MAYOR/COUNCIL MEMBERS: Feldhaus, Kring, Tait, McCracken
MAYOR/COUNCIL MEMBERS: None
MAYOR/COUNCIL MEMBERS: Daly
ABSTAINED: MAYOR/COUNCIL MEMBERS: None
It - 1z Ja'--'�.
l CLERK OF THE CITY OF ANAHEIM
(SEAL)
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) ss.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested
in the above entitled matter. I am the principal
clerk of The Orange County Register , a
newspaper of general circulation , published in
the city of Santa Ana, County of Orange, and
which newspaper has been adjudged to be a
newspaper of general circulation by the Superior
Court of the County of Orange , State of
California, under the date of November 19,
1905, Case No. A-21046, that the notice, of
which the annexed is a true printed copy, has
been published in each regular and entire issue of
said newspaper and not in any supplement
thereof on the following dates, to wit:
October 10, 2002
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: October 10, 20022
c." Signature
The Orange County Register
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-7000 ext. 3002
PROOF OF PUBLICATION
This space is for the County Clerk's Filing Stamp
0
'M
a
a
N
_
e�
{tri
Oh
r R
0 CD
—+
n•l
Proof of Publication of r*t
Paste Clipping of
Notice
SECURELY
In This Space
r7tnrtl, iiiLtL4ur irmRia
THE CITY COUNCIL OF CITY
OF
N AS POILOWl9:
SECTION-
That Chapter 16.06 of Title 16 of the'Anshalm Mtefkripd'Cede be, and the same Is I ereby,
repeated.
AFCN 2-
That nneeew Chapter 16.06 of TRW 16 be, and theRX0010iAL.
hereby, added to the Anaheim Munkilpill Codesa tooms:
18A MM r�W10'VC11iIFfit�►1�
The City Council does find and determine, as aNof lrrq oqductedby t City raid Its Firo farlrrse the khcor-
porati by reference the Ii -Cal " '40
in the Building Standards Code, PM 9, Tftie 24 of is an
approved coda for adoptionence within tree f` a! /eq of
the Govern r�t Code pg}the Cal'
16.06�020tl��n DOPr10N FW i1At,1 OW 00611111111.209111111111111MOK 1Nf M
�16 08 100 0 CUPAN7 COUN r
read as follows.
'2501.16.4 Occupant Count.
The manager/owner of each place of assembly shall have an effective system to main-
tain a count of the number of occupants present in the assembly area. Such system shall
be enacted when the occupant bad reaches seventy- five (75) percent or reefer of
posted capacity. If al time, the chief determines that an accurate count of occupants is
rat being rtgwdaMed, Ifro occupancy shelf be cleared uMN an nor ate count can be
mads..
16.00.110 llpgllod Ars• PLAOM PNtallo
Su #1.7.2 of Section 79044611 the 2001 Ciallillomila Fire Code is hereby amended
to read asalIii
ng'7�90�1.11.7 Ptutic . 19 g.111.1.W) pip-
k!p1s.0E7
SubseCtidteTv
WZV Z01 I Soopan I= of the MM California Fire Code is hereby amend -
7902 M Tanita abandoned In plow aleft be M aixmrd-
Marrkan Elndaopou el Tank Gull
to
B, III -C, 111 -D, -IV -A, IV -S, V-A, VIA -VIA Vt C VI D .VI -G, V V14, VW, VI -K to
(herelnaftsr '2001 California Fire Code of
Code ehafl los flied In the attire of rte ek� i3) tkhsPcc ry,
tion while the Code is enioread. sJI of wi lilis a� to tnu caplag by se
the City Clerk: The City Clark ad, at all Imre. lltvunWn y of capWs of fa
the Code aveplabblle for purchase by the public at a modsrd 1 not to 7aeed the acWal 14
cost
swOARDW OF A the City of 116 e
Subsection 103.1.4 of Section 103 of the 2001 California Fine Code is hereby amended to
read as follows: sh
Section 103.1.4 Appeals. 16
(a) In order to determine the suitability of alternate materials and type of construction, St
and to provide for reasonable Inlerprefatiop Of tin pr.0 is of this Code and relief by way to
of appeal from the granting or denlial of any pem0 tneroI be and hereby is, created a
Board of Appeals conalar" of the PWnnirtg Cortsthleslon ' 11e Ny of Ani who shall cc
grant such relief or make such intaretallon or expWridlibn as may be n ;cessary and be
proper pursuant to the provisions cif tMa Code. Saki members shall hold their respective su
Com
membership on said Board of by mon of, sniff o9m mently with th6ir respective (11
terms of service as Planning and shelf cope to be such members upon 14
their ceasing to be aammftskusrI any eN®taltce to Board of Appeals shall SL
appear in this Code, it MallIMi)n of the City of Anaheim. j to
b) Whenever the chief of the Rre s=didlpprove an application or refuse to
Kant a permit applied for, or le that the provisions of the California Fire wi
Code do not apply or that Whit nt rod meanh� 0 .Ke California Firs Code has been 79
mfsccnatrued ar the applparrttnay a1 from a dsQlsian of ftchief 11
of the .fes, or
of the pivitfprt of Prsventtgn to the, Bqard of ^ar
culars of the decision bung appealed;
IsHsr d rized agent; and
the
ace; dvaa and fine, the Board of Appeals shall hear
rk alhe0 notice dine hearing tb the chief of the
at West_ (3) days prix to the time set for the
Subsection 103.3.2.4 is hereby added to Section 103 of the 2001 California Fire Code to
read as follows:
103.3.2.4 Review of Building Permits.
(a) No building permt[ athalf issued pursuant to section 15.05 at seq of the Anaheim
Municipal rode for the construction, addition, alteration or repair of an building or
structure which would result M noncompllsnlce with the requirements of the fire code. The
fire marshal and the building official shall establish administrative procedures designed to
promote expeditious review' of building permit applications.
(b) The fire marshal and the building official may require such site plans, building plans,
elevations, and other documentation from the applicant as may be necessary to determine
such compliance and may impose such conditions on approval of en application as are
necessary to assure such complienee No budding or structure subject to such review and
appnovel shell be finally released for. utility service or occupancy which is not in compliance
with the building perm t approved or conditionally approved.
16.06.050 PER 83
Subsection 10.5.2.4 is hereby added to Section 105 of the 2001 California Fire Code to read
as follows:
'Subsection 105.2.4 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 byy rreeasolution of the City Council.'
16.06.060 PERMITS I�GUY ED
010 Subsection 105.6 of Section 105 of the 2001 California Fire Code is hereby amended
by deleting the following from the list of activities, operations, practices, or functions
requiring a permit:
'f.1 Fire hydrants and water -control valves.'
17902 of the 2001 California Fire L ode is hereby amend-:
nod T1rdc Asllfarat ditldWlna� M of vMoh we , Nb
Raifoval of abovagrourW tanks ba M accordance:
lfquide shall be removed from #0 tank and connecting
tis not to be used further alhad be
M ftte ground or abandoned in 19 a manner ep-.
pod,sr pkrg0ed, Waving a 1/8-ini to V44nch-dlamoter
217011 CeNfomia; Fro Code is hasby
Tanks which We to be reinstalled for
f with the prov%lons of Article 79 and
a heahtfardad to read as follows:
g. Tsnk �nkig ie not Mowed union approved by the chief.'
Section 7902 of the 2001 CdNfomia Fire Cort is hereby amended
.1orage, of. flammable or combustible liquids In tanks located with
aflow
.glunipns approved by the chlef.'
Sectors I902 of the 2081 California Fire Cote k hereby amended
rate Tanks,"] real on foundations mete of concrete, mssorr
i datiol a shall be designed to minimize the Iftfyy of uneven
to rrir�das corrosion In any part of the k reefing on the
K"t"lon irol Fire Code Is hereby amended to
ler round storage of flammable and combustible liquids in tanks
h 7902.1 and 7902.6.'
of Section 7902 of the 2001 California Fire Cale is hereby amended
nteiners. A spill container shall be provided for each fill pipe to
y overfilling tank fling operations. Containers are allowed to
fie well on and mud be wNHn a monitored containment
tank. shad have a capacity of not less than 5 gallons
L9 of Section 7902 of the 2001 California Fire Code is hereby amended
tanks. Reinstallation of used tanks is allowed when such tanks comply
ants of Sections 7902.1.7.2.5,7902.1:8 and 7902.6.15. See also Section
10 of Ston 7902 of the 2001 California Fire Code Is hereby amended
11n T 73 flot allowed unless approve by the chief.'
;.15.2 of Section 7902 of the 2001 California Fire Code is hereby
B follows:
hi Protection. Cathodic protection systems are not allowed unless
Section 7902 of the 2001 California Fire Code is hereby
New underground tanks shall be tested M accordance with
rdaigisWhd Tank Min Guidelines, copies of which are
Dep0pierit. Pneumatic testing shall not be used on a tank
2001 California Fire Code is hereby amended to read as follows:
7902.6.16.3 Existing Tanks and Piping. Existing underground storage tanks and piping
shall be tested in accordance with Subsection 7902.0.16.3 at the owner's or operator's
expense when the chief has reasonable cause to believe that a leak exists or to verify
containment is intact. Orders by the chief requiring testing on underground tanks or piping
shall indicate that the test be completed by a specified date. Tanks shell be emptied of
flammable or combustible liquids, and piping and other equipment shad not be used it
required tests are not completed within the specified time.
The method of testing shall establish conclusively that the tank and piping is intact and
not leaking. Pneumatic testing shall not be used for tank or piping containing flammable
or combustible liquids or vapors. Leaking piping and equipment shad not be used until
repaired or replaced.
The chief Is authorized to require that the test be conducted in the chief's presence.'
18.OR2s0 NA;AR00ll6 MATI111All. INVENTORY OTATEMEM
Subsection 6001.3.3 of Section BOOL of the 2001 California Fire Code is hereby amended to
read as follows:
'8001.3.3. Hazardous materials Inventory statement.
When required by the chief, each application for a permit shall include a hazardous
materials Inventory statement (HMIs)). The HMIS shall comply with the requirements of
Health and Safety Code, Chapter 6.95, Sections 25500 through 25545, and Title 19,
Division 2, Chapter 3 of the California Code of Regulations. Submission of an approved
Anaheim Fire Department Hazardous Materials Inventory form shall be deemed to meet
this requirement. To determine compliance with Article 80, a complete chemical inventory
shalt be provided. The inventory shall be prepared according to the chemical classification
packet as printed by the Anaheim Fire Department.'
1,'10 _u6section 105 _ of Section 105 ot the California vire Code is herebv amen.e_ by
,J fil ,! of ol:c n'. C, to the Q. ac.fJIIIPc eperatlO,S or tl i( Ions
n is : perilr
i0 Christmas 7iee �_ot. To operate e Christmas Tree Latin the City of Anaheim.
e2 Exhibition or Trade Show. To conduct an exhibition or trade show in a public
assembly.
p.4 Activities or Use in Conjunction with an Exhibition or Trade Show in a public
assembly. The following require a permit when used or placed in an exhibition or trade
show:
1. Combustible or Flammable Aerosols
2. Compressed Gases
3. Cooking Appliances
4. Dust Producing Equipment
5. Flammable or combustible Liquids
6. Heat Producing Equipment
7. Lasers
8. Machinery With Moving Parts
9. Two Story Structures
p.5 Pumpkin Patch Lots. To operate a Pumpkin Patch lot in the City of Anaheim.
r.4 Recreational Fire. To conduct a recreational fire, see Section 1102.4
S.2 Special Activities Permit. A permit issued by the Anaheim Fire Department for
conditions, events, or activities associated with a public assembly to insure compliance
with Article 25 of this code. Such condition events or activities include, but are not limited
SYSTEMS TESTING AND MAINTENANCE
903 of the 2001 California Fire Code is hereby amended to
And Maintenance of Private Fire Hydrants
To assure proper functioning, private fire hydrants shall be tested every two years or
immediately after relocation or repair. The Fre Chief may require a more frequent testing
schedule if it is determined to be necessary to assure the proper functioning and
maintenance of private fire hydrants. Hydrant owners shall report a hydrant as out of
service to the City of Anaheim Fire Department dispatcher when it is not functioning
prbperly and also when the hydrant has been returned to its proper condition. A private
hydrant Is any hydrant not belonging to the City of Anaheim Public Utilities Department.
b) Responsibility of Testing and Maintenance.
The owners of any premises on which or on account of which private fire hydrants are
installed, shall have the hydrants tested by a person who has demonstrated their
competency in testing fire hydrants to the City of Anaheim Fire Department. Private
hydrants shall be immediately serviced, overhauled or replaced whenever they are found
to be defective. All costs of testing, repair and maintenance shall be borne by the property
owner. The City of Anaheim Fire Department will supply hydrant owners with a list of
parsons acceptable to the C of Anaheim Fire Department to test private fire hydrants.
private fire hydrant is needed. '
The City of Anaheim will nothydrant owners by mail or in person when testing of a
D. Testing and Maintenance Requirements.
he persons testing private fire hydrants shall perform such tests and maintenance as
required by the City of Anaheim Fire Department. Testing and maintenance shall assure
Private hydrants are ready for emergency use, provide unobstructed and ad uate water
flow, are identifiable and accessibly to fire personnel and all parts and connections are in
working condition such that the operation of the fire hydrants may be readily accomplished
fire alarm company {
el Certrfication of f
Each applicant for
qualifications to do s
include but not be lir
City of Anaheim bus
and repair must be.
shall be responsibic
t shall notify the Fire Department dispatcher and
on the hydrant to avoid false alarms.
tion as a tester of private fire hydrants shall demonstrate their
k to the City of Anaheim Fire Department. Qualifications shall
current California State contractors C,16 or C-36 license and a
ansa, Competency in all phases of private fire hydrant testing
rated by means of education and/or experience. Each tester
competency and accuracy of all tests, reports and repairs
Fire Code is hereby amended to
systems shall be installed in accordance with the Building Code
b) Fire hose threads used in connection with fire- extinguishing systems shall be national
standard hose thread or as approved by the fire department.
c) The location of fire department hose connections shall be approved by the fire
department.
d) In buildings used for high -piled storage, fire protection shall be in accordance with
Article 81.
e) All fire -sprinkler systems shall be designed to utilize not more that 90 percent of the
available water supply as indicated by a submitted graph sheet as required by the
California Fire Code.
16.06.080 FIRE ALARM SYSTEM
Subsection 1006.2.9.3.4 is hereby added to Section 1006 of the 2001 California. Fire Code
to read as follows:
'1006.2.9.3.4
a) Installation and Maintenance within Existing Group R Occupancies.
1) It shall be the responsibility of theowner 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.
2�e tenant shall be respo ible for replacement of the battery except that such battery
s in operating coed' the time that the tenant takes possessi n The owner or
authorized agent shall riot 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.'
O
Subsection 8001 4 5 '.1 or 5 00'.x,
2001 Carlornia , iv, Code - Pb, a e ,n.
8001.4.5-1 1 General
Underground tanks used lo, the
protected in accordance with sections 7902.6 of this code Se orda mtanrn • ��..
be provided for all new installations of underground tanks.
In addition, all such underground storage tanks shall comply with the requirements
the California Health and Safety Code. Chapter 6.7, commencing with sections 2528(:
through 25299.7 and Chapter 6.75, sections 2529910 through 25299.61. Any subsequen,
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.'
16.08.270 SCOPE
Section 1 of Appendix II -A of the 2001 California Fire Code, Suppression and Control of
Hazardous Fire Areas, is hereby amended to read as follows:
'Section 1. Scope.
(a) The unrestricted use of grass-, 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 facili ies to control
the spread of fire which might be caused by recreational, residential, commercial, industrial.
or other activities conduced 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.'
16.06.280 SMOKING
Section 6 of Appendix II -A of the 2001 California Fire Code, Suppression and Control of
Hazardous Fire Areas, is hereby amended to read as follows:
'Section 6. SMOKING. Lighting, igniting or otherwise setting fire to or smoking
tobacco, cigarettes, pf s, or cigars in posted areas is prohibited.'
16.0&200 SPARK ARRESTERS
Section 7 of Appendix 11-A of the 2001 California Fire Code, Suppression and Control of
Hazardous Fire Areas, is hereby amended to read as follows:
'Sectiori SPARKARRESTERS.
All chimneys used in conjunction with fireplaces, barbecues, incinerators or heating
appliances in which solid, liquid, or gas fuel is used shall be provided with a spark arrester
constructed with heavy wire mesh or other noncombustible material with openings not to
exceed one- half inch.'
16.08.300 TRACER BULLETS, TRACER CHARGES, ROCKETS AND MODEL
AIRCRAFT
Section 8 of Appendix II -A of the 2001 California Fire Code, Suppression and Control of
Hazardous Fire Areas, is hereby amended to read as follows:
'Section 8. TRACER BULLETS, TRACER CHARGES, ROCKETS AND MODEL I
AIRCRAFT.
a) Tracer bullets and tracer charges shall not be possessed, fixed or caused to be fired
into or across hazardous areas including the Special Protection Area.
b) Rockets, model planes, gliders and balloons powered with an engine, propellant or
other feature liable to start or cause fire shall not be fired or projected into or across the
hazardous areas and/or the Special Protection Area without a permit from the chief.'
16.05.310 FIREWORKS
Section 10 of Appendix II -A of the 2001 California Fire Code, Suppression and Control of Ha-
zardous Fire Areas, is hereby amended to read as follows:
'Section 10 FIREWORKS
Fireworks shall not be used or possessed in hazardous areas and/or the special r
Protection Area.
Exception: Aerial displays as approved and permitted by the chief.'
16.08.320 VIOLATION- PENALTIES
Except where another penalty is provided pursuant to state law, any person who shall I,
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 hereunder, or who shall build in violation of
any detailed statement or specifications or plans submitted and approved thereunder, shall)
severally for ea h nd every such violation or noncompliance, respectively, be guilty of al
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
.i
The imposition of one penalty for an violation shall not excuse the violation or permit it tol'
continue; end all such persons shall be required to correct or remedy such violations oil:
defects within a reasonable time; and when not otherwise specified, each day that they
prohibited conditions are maintained shall constitute a separate offense. The application ofi
the above penahy shall not be held to prevent the enforced removal of the prohibteef
conditions:" 1
SECTION SEVERABILITY
The City Council of the City of Anaheim hereby declares, that should any section, I
paragraph, sentence or word of this ordinance 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 4. SAVINGS CLAUSE
Neither the adoption of this ordinance, nor the repeal of any other ordinance of this City{
shall in any manner affect the prosecution for violations of ordinances, which violations I
were committed prior to the effective date hereof, nor be construed a waiver of any license
orpenalty 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.
SECTIONS- EFFECTIVE DATE AND PUBLICATION
This Ordinance shall become effective thirty (30) days from and after the date of its
adoption by the City Council. Publication of this Ordinance shall be effected in accordance
with the requirements of the Anaheim City Charter.
THE FOREGOING ORDINANCE 'ad and adopted by the City Council of the City
of Anaheim this fat day of October, 2002.
MAYOR OF THE CITY OF ANAHEIM
OF THE CITY OF ANAHEfiN
uggust 27, 2002
R/COUNCIL MEMBERS:-Aldhaus, Kring, Tait, McCracken
)R/COUNCIL MEMBERS: None
YOR/COUNCIL MEMBERS: Daly