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4272ORDINANCE NO. 4272 AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE AND ADDING NEW CHAPTER 16.08 IN ITS PLACE AND STEAD ADOPTING THE UNIFORM FIRE CODE, 1979 EDITION WITH AMENDMENTS THERETO. 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 That Chapter 16.08 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, repealed.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 be, and the same is hereby, added to Title 16 of the Anaheim Municipal Code to read as follows: "Chapter 16.08 UNIFORM FIRE CODE ADOPTED 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, 1979 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. 16.08.020 ADOPTION OF THE UNIFORM FIRE CODE, 1979 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 the City of Anaheim does hereby adopt, by reference, the Uniform Fire Code, 1979 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 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. -1- 16.08.030 SECTION 2.302 AMENDED BOARD OF APPEALS Section 2.302 of the Uniform Fire Code is hereby amended to read as follows: BOARD OF APPEALS SECTION 2.302 (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) 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 provi- sions of the Uniform Fire Code do not apply or that the true intent and meaning of the Uniform Fire code have been mis- construed 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 apd 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 -2- 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 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 79.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited are as governed by Section 16.08.050 of the Anaheim Municipal Code. 16.08.050 UNIFORM FIRE CODE SECTION 79.201 MODIFIED. The limits referred to in Section 79.201 of the Uniform Fire Code in which storage of flammable liquids in outside aboveground tanks is prohibited, and the limits referred to in Section 82.105 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. 16.08.060 ARTICLE 78, "FIREWORKS" OF THE UNIFORM FIRE CODE DELETED. Article 78 of the Uniform Fire Code entitled "Fireworks is hereby deleted. 16.08.070 FIRE ALARM SYSTEM Section 10.307 of the Uniform Fire Code is hereby amended by adding thereto new subsections (e), (f), (g) and (h) to read as follows: SECTION 10.307 (e) 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 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 ISIM 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 commer- cial power, or in buildings which undergo alterations, repairs or additions regulated by (e) (2) of this section. (f) 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 stair- ways 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 to correct the deficiency within a reasonable time after he or she has received written notice of the deficiency. (g) Inspections An inspection for compliance shall be done concurrent 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. (h) The use of any existing building not conforming to the provisions of this section at the time of its enactment, and to which provisions of this section would otherwise apply if it were proposed for construction at the time of its enactment, shall be terminated or the building shall be made to conform to the provisions of this section on or before January 1, 1984. 16.08.080 AUTOMATIC SPRINKLER SYSTEMS Section 10.309 of the Uniform Fire Code is hereby amended to read as follows: SECTION 10.309 (a) General. Automatic sprinkler systems shall be provided in accordance with the provisions of this section. (b) Where Required. Automatic sprinkler systems shall be installed and maintained in operable condition as specified in this article in the following locations: 1. All new occupancies, after the enactment of this ordinance, (exceptions: Group R, Division I less than four (4) stories; Group R Division 3 and Group M occupancies) shall have an approved automatic fire sprinkler system through- out when the gross square footage thereof exceeds 6,000 square feet. A. In every story or basement of all buildings when the floor area exceeds 1,500 square feet and there is not provided at least 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall in the story or basement on at least one side of the building. Openings shall have a minimum dimension of not less than 30 inches. Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. When openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet from such openings, the story shall be provided with an approved automatic sprinkler system, or openings as specified above shall be provided on at least two sides of an exterior wall of the story. If any portion of located more than 75 feet from openings section, the basement shall be provided matic sprinkler_ system. -5- a basement is required in this with an approved auto- B. At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. C. All rooms where nitrate film is stored or handled shall be equipped with an approved automatic sprinkler system as specified in U.B.C. Standard No. 48-1. D. In protected combustible fiber storage vaults as in Section 9.118 of this Code. 2. Group A Occupancies. A. In basements larger than 1,500 square feet in floor area. B. When the occupancy has over 5,000 square feet of floor area which can be used for exhibition or display purposes. C. In any enclosed usable space below or over a stairway in Group A, Divisions 2, 2.1, 3 and 4 Occupancies. D. Under the roof and gridiron, in the tie and fly galleries and in all places behind the proscenium wall of stages; over enclosed platforms in excess of 500 square feet in area, and in dressing rooms, workshops and storerooms accessory to such stages or enclosed platforms. EXCEPTIONS: (1) Altars, pulpits or similar platforms and their accessory rooms. (2) Stage gridirons when side wall sprinklers with 135°F. rated heads with heat baffle plates are installed around the entire perimeter of the stage at points not more than 30 inches below the gridiron nor more than 6 inches below the baffle plate. (3) Under stage or under enclosed platform areas less than 4 feet in clear height used exclusively for chair or table storage and .lined on the inside with materials approved for one hour fire resistive construction. 3. Group E Occupancies. A. In basements larger than 1,500 square feet in floor area. B. In any enclosed usable space below or over a stairway. 4. Group I Occupancies. EXCEPTION: In jails, prisons and reformatories, the piping system may be dry, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements or the system in U.B.C. Standard No. 38-1. 5. Group H Occupancies. A. In Group H, Divisions 1 and 2 Occupancies larger than 1,500 square feet in floor area. B. In Group H, Division 3 Occupancies larger than 3,000 square feet in floor area. C. In Group H, Division 4 Occupancies larger than 3,000 square feet or more than one story in height. D. In rooms where flammable or combustible liquids are stored or handled in excess of 30 gallons of Class 1-A, 60 gallons of Class 1-B, 90 gallons of Class 1-C, 120 gallons of Class II, 250 gallons of Class III -A, or any combination of flammable liquids totaling 240 gallons. E. For paint spray booths or rooms and for special provisions on hazardous chemicals and magnesium, and calcium carbide, see Section 45.208, Articles 48, 49 and 80. See also Section 10.301. 6. Group B, Division 2 Occupancies. A. Where the floor area exceeds 6,000 square feet on any floor. B. In buildings used for high -piled combustible storage, fire protection shall be in accordance with Article 81. C. Throughout occupancies having an occupant load of more than 100 persons above the first floor. (c) Alarms. When serving more than 100 sprinklers, automatic sprinkler systems shall be supervised by an approved central, proprietary or remote station service or a local alarm which will give an audible signal at a constantly attended location. IM (d) Permissible Omissions. Subject to the approval of the Building Official with the concurrence of the Chief of the Fire Department, sprinklers may be omitted in rooms or areas as follows: 1. Where sprinklers are considered unde- sirable because of the nature of the contents or in rooms or areas which are of noncombustible construction with wholly noncombustible contents and which are not exposed by other areas. Sprinklers shall not be omitted from any room merely because it is damp or of fire -resistive construction. 2. Sprinklers shall not be installed where the application of water or flame and water to the contents may constitute a serious life or fire hazard, as in the manufacture or storage of quantities of aluminum powder, calcium carbide, calcium phosphide, metallic sodium and potassium, quicklime, magnesium powder, and sodium peroxide. 3. Safe deposit or other vaults of fire resistive construction, when used for the storage of records, files and other documents, when stored in metal cabinets. 4. Communication equipment areas under the exclusive control of a public communication utility agency, provided: A. The equipment areas are separated from the remainder of the building by one-hour fire resistive occupancy separation; and B. Such areas are used exclusively for such equipment; and C. An approved automatic smoke detection system is installed in such areas and is supervised by an approved central, proprietary or remote station service, or a local alarm which will give an audible signal at a con- stantly attended location; and D. Other approved fire protection equipment, such as portable fire extinguishers or Class II standpipes, is installed in such areas. 5. Other approved automatic fire extinguish- ing systems may be installed to protect special hazards or occupancies in lieu of automatic sprinklers. 6. For the purposes of the foregoing section, area separation walls used to reduce floor areas to less than that requiring automatic fire sprinklers shall be of four (4) hour fire resistive construction with no penetrations. MM 16.08.090 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 submitted and approved thereunder, shall severally for each and every such viola- tion 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 imposi- tion 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 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 this chapter 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 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. SECTION 5. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 6th day of April, 1982. ATTEST: CIT CLERK OF TH CITY OF ANAHEIM ROF: jh AZV 0 MAYOR OF TH "�ITY OF ANAHEIM PRO TEM -10- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4272 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 29th day of September, 1981, and reintroduced as amended at regular meetings of the City Council of the City of Anaheim, held on October 27, 1981, January 12, 1982, February 23, 1982 and March 30, 1982, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 6th day of April, 1982, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Overholt, Kaywood and Roth NOES: COUNCIL MEMBERS: Bay ABSENT: COUNCIL MEMBERS: Seymour AND I FURTHER CERTIFY that the Mayor Pro Tem of the City of Anaheim signed said Ordinance No. 4272 on the 6th day of April, 1982. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day of April, 1982. CITY C ERK OF THE CITY F ANAHEIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4272 and was published once in the Anaheim Bulletin on the 16th day of April, 1982. CITY CL EkK