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3339ORDINANCE N0.- • 3339 AN ORDINANCE -OF THE CITY OF ANAHEIM REPEAL- ING TITLE 16-, CHAPTERS 16.04,,16-.08 AND 16-.12- OF THE ANAHEIM MUNICIPAL CODE AND ADOPTING -THE UNIFORM FIRE CODE 1973 EDITION, WITH AMEND- MENTS THERETO, AND AMENDING TITLE 16. OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO A NE[q CHAPTER 16.08. THE CITY COUNCIL OF THE CITY. OF ANAHEIM DOES ORDAIN AS FOLLOWS: 'SECTI'ON 1. That Title .16, Chapters 16.04, .16.08 and 16.12 of the Anaheim Municipal Code be,.and the same'is hereby repealed. -SECTI'ON 2. That Title 16 of the Anaheim Municipal Code be,. and the same is hereby amended by adding thereto. a new .Chapter 16.08 to read as -follows:- "CHAPTER 16.08 - UNIFORM FIRE .CODE ADOPTED "SECTION 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,' 1973 Edition, .is an approved code 'for adoption by reference within the meaning of Section 50022..1 of the Government Code .of the' State 'of California." "SECTION 16.08.020. ADOPTION OF THE UNIFORM FIRE CODE, ,1973 EDITION 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 theCity of Anaheim does -hereby adopt,:by reference, the Uniform Fire Code, .1973 Edition, with'amendments- thereto; that three . (3) 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 certi- fied to -bei true copies by. the City Clerk. The City Clerk shall,- at all times, maintain a reason- able .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." . -1- "SECTION 16.08.030 - Section 1.215 of the Uniform Fire Code is hereby amended to -read as follows: "BOARD OF APPEALS "SECTION 1.215— (6) .215 - (a) In order to determine the suitability of alternate' materials -and type of construction,aand to provide for reasonable interpretation of the provisionsof 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) APPEALS - whenever the Chief of the Fire Department. shall disapprove'an application or refuse to grant a permit applied for, or when it is claimed that the provis- ions -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 (1.0) 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 duly authorized agent; and (41 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 date,' ,time and place :when 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 appellant by mailing said notice to the address -shown on the Notice :of Appeal. All decisions -of the Board of Appeals 'shall be 'final. " -2- "SECTION 16.08.040 - ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVE- GROUND TANKS IS TO. BE PROHIBITED. The limits referred to in Section 15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside abovecrround tanks is prohibited are as governed by -Section 16.08.050 of the Anaheim Municipal Code." "SECTION 16.08.050 - FIRE PREVENTION CODE SECTIONS 15.201 MODIFIED. The limits referred to in Section 15.201 of the Fire Prevention Code in which storage of flammable liquids in outside above -ground tanks'is prohibited, and the limits- referred to in Section 20..105A in which bulk storage'of liquefied petroleum gas is restricted shall be as follows: Said storage will not be permitted within Fire Zones One and'Two as set forth in Sections 16.16.030 and 16.16.040 of the Anaheim Municipal Code." "SECTION 16.08.060.- SCOPE Section 32.101 of the Uniform Fire Code is amended to read as -follows: "The provisions of this article shall apply only to nitro-cellulose film of any size or when ribbon type motion picture film in excess of one-half (1/2) inch width and electric are projection equipment -is used." "SECTION 16.08.070 - ARTICLE 12-- FIREWORKS - OF THE UNIFORM FIRE CODE DELETED. "Article 12 - Fireworks - of the Uniform Fire Code deleted." "SECTION 16.08.080, - VIOLATIONS --PENALTIES Any person who shall violate any of the provisions of the Chapter hereby adopted or 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 sub- mitted and approved thereunder, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars or by imprisonment for not more than six months or by both such fine and imprisonment.- The imposition of one penalty for any violation shall not excuse the viola- tion 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 'ten days that the prohibited conditions are maintained shall constitute a separate offense. -3- The application to prevent the conditions." . 'SECTION 3. of the above .penalty shall not be held enforced removal -of the prohibited SEVERABILITY. The City Council -of the ;City of Anaheim hereby declares that should -any section, paragraph,' sentence or word of this chapter --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 .th.is chapter - indepen- dent of the elimination herefrom of any such portion as may be declared invalid. -SECTrON 4. The City Clerk shall certify -to the pass -acre 'of this ordinance and shall cause 'the same to be 'printed once within fifteen (1.5) days after its adoption,.in the Anaheim Bulletin, a newspaper. of general circulation,.printed, published and cir- culated in said City, and thirty . (3.0). days from and after its final passage it shall take -effect -and be in full force.' THE FOREGOING ORDINANCE is approved and signed by me' this • 10th day of ' ' September , 19 74. OF -THE CZTY OF AN EIM ATTEST: QTY CLERKOF THE FITY OF ANAHEIM PAL: jh -4-. STATE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF ANAHEIM ) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 3339 was introduced' at a regular meeting of the City Council of the City of Anaheim, held on the 20th day of August, 1974, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 10th day of September, 1974, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Seymour, Pebley, Sneegas and Thom NOBS: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 3339 on the 10th day of September, 1974. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of September, 1974. CITY CLERK OF THE CITYvW ANAHEIM (SEAL) I, ALONA M. HOUGARD, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 3339 and was published once in the Anaheim Bulletin on the 20th day of September, 1974. City Cler