Loading...
2579ORDINANCE NO. 2579 AN ORDINANCE OF THE CITY OF ANAHEIM ADOPTING THE CALIFORNIA FIRE CHIEFS' ASSOCIATION UNIFORM FIRE CODE, REVISED 1967, WITH AMENDMENTS THERE- TO; AND AMENDING TITLE 16, CHAPTER 16.08, SECTIONS 16.08.010 THROUGH 16.08.040 OF THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 16, Chapter 16.08, Sections 16.08.010 through 16.08.040 of the Anaheim Municipal Code be, and the same are hereby amended to read as follows: "PART 1 - UNIFORM FIRE CODE ADOPTED. "SECTION 16.08.010 ADOPTION OF THE UNIFORiM FIRE CODE, 1967 EDITION. "There is hereby adopted by the City of Anaheim that certain code known as the California Fire Chiefs' Associ- ation Uniform Fire Code, Revised 1967, and the whole thereof, save and except such portions as are hereinafter deleted, added, or amended by Appendices F and G of said Uniform Fire Code, of which Code not less than three (3) copies have been and are now on file in the office of the City Clerk of the City of Anaheim, and said Uniform Fire Code is hereby adopted and incorporated as though fully set forth at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof, subject to the amendments thereto, shall be controlling within the limits of the City and this Code shall be known as "The Fire Code of the City of Anaheim." "PART 2 - FIREWORKS. "SECTION 16.08.020 ARTICLE 12 - FIREWORKS - OF THE UNIFORM FIRE CODE DELETED. "Article 12 - Fireworks - of the Uniform Fire Code adopted in Part 1 of this Chapter is herewith deleted. "PART 3 - APPENDIX F. "SECTION 16.08.030 APPENDIX F OF THE UNIFORM FIRE CODE AMENDED. "Appendix F of the Uniform Fire Code, adopted in Part 1 of this Chapter, is amended to read as follows: 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION. (a) The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Anaheim which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. -1- 3. (b) The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the Chief of the Fire Department. (c) The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Chief of the Fire Department shall recommend to the City Manager the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non- members of the Fire Department, and appointments made after examination shall be for an indefinite term, with removal only for cause. DEFINITIONS. (a) Wherever the word 'Municipality' is used in the Uniform Fire Code, it shall be held to mean the City of Anaheim. (b) Wherever the term 'Corporation Counsel' is used in the Uniform Fire Code, it shall be held to mean the City Attorney of the City of Anaheim. c) Wherever the term 'Chief of the Bureau of Fire Prevention' is used in the Uniform Fire Code, it shall be held to mean the Fire Marshal. 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS TO BE PROHIBITED. (a) The limits referred to in Section 15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited are as governed by Section 16.08.057 of the Anaheim Municipal Code. (b) The limits referred to in Section 15.401 of the Uniform Fire Code in which new bulk plants for flam- mable or combustible liquids are prohibited are as governed by Section 16.08.057 of the Anaheim Municipal Code. 5. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in Section 20.05a of the Uniform Fire Code in which bulk storage of liquefied petroleum gas is restricted are as governed by Section 16.08.057 of the Anaheim Municipal Code. 6. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 11.06a of the Uniform Fire Code in which storage of explosives and blasting agents is prohibited are as governed by Section 16.08.057 of the Anaheim Municipal Code. -2- 7. APPEALS. Whenever the Chief of the Fire Department shall disap- prove 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 Depart- ment or the Chief of the Bureau of Fire Prevention to the Board of Appeals within ten (1.0) 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 duly authorized agent; and (4.) Indicate the mailing address of the appellant. Whenever a Notice of Appeal is Clerk, the City Clerk shall set at the earliest reasonable time Chief of the Fire Department an date, time and place when the B hear and consider the appeal. give notice of the hearing to t Department and to the appellant days prior to the time set for shall be given to appellant by the address shown on the Notice cisions of the Board of Appeals filed with the City the matter for hearing and shall notify the d the appellant of the oard of Appeals shall The City Clerk shall he Chief of the Fire at least three (3) the hearing. Notice mailing said notice to of Appeal. All de - shall be final. 8. NEW MATERIALS, PROCESSES, OR OCCUPANCIES WHICH MAY REQUIRE PERMIT. The City Manager, the Chief of the Fire Department, and the Chief of the Bureau of Fire Prevention shall act as a Committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies, which shall require permits, in addition to those now enumerated in said Uniform Fire Code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. 9. PENALTIES. (a) No person shall violate any of the provisions or fail to comply with any of the requirements of this Code. Any person who shall violate any of the provi- sions of this Code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made under this Code, or who shall build in violation of any detailed statement of specifications -3- or plans submitted and approved hereunder, or any cer- tificate or permit issued hereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every violation and non-compliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than $500.00 or by imprisonment for not more than 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 pro- hibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 10. REPEAL OF CONFLICTING ORDINANCES. All former ordinances or parts thereof conflicting or inconsistent with the provisions of The Fire Code are hereby repealed. 11. VALIDITY. The City Council hereby declares that should any section, paragraph, sentence, or word of this Chapter or of The Fire Code hereby adopted be declared to be invalid, it is the intent of the City 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. "PART 4 - APPENDIX G. "SECTION 16.08.040 AMENDMENT OF THE UNIFORM FIRE CODE, 1967 EDITION. "The Uniform Fire Code adopted in Part 1 of this Chapter is amended in the following manner: 1. Section 1.24, BOARD OF APPEALS, is herewith deleted. 2. Section 1.54 - M, is amended to read as follows: Magazine shall mean any building or structure used for the storage of explosives. Ma nes_ium shall mean the pure metal and alloys of which the major part is magnesium. M.C.A. shall mean Manufacturing Chemists Association. Marine Service Station shall mean that portion of a property including all facilities used in connection therewith, where flammable liquids used as motor fuels are stored and dispensed from fixed equipment on shore, piers, wharves, or floating docks into the fuel tanks of motor crafts. -4- Municipality as used in this Code shall mean the City of Anaheim. 3. Section 11.02, EXCEPTIONS, is amended by amending sub -paragraph (7) thereof to read as follows: (7) The transportation and use of explosives or blasting agents by the United States Bureau of Mines, the Federal Bureau of Investigation, the United States Secret Service, Police and Fire Departments, or any member of the United States military service, any in- vestigative agency of the United States, the State of California, or the County of Orange, when acting in their official capacity. 4. Section 15.109, DISPENSING, is amended by adding sub- paragraph c. thereto to read as follows: C. No Class I flammable liquid shall be dispensed into, stored, transported, or in any way handled in any container not made of sturdy metal, unless approved by the Chief of the Fire Department. 5. Section 18.06, FIRE EXTINGUISHERS, is hereby added to read as follows: A minimum of one Dry Chemical extinguisher containing not less than five (5) pounds of Dry Chemical shall be provided in public garages. 6. Section 26.15, USE OF CANDLES AND OPEN FLAMES, PERMIT REQUIRED, is amended to read as follows: a. No person shall use or allow to be used, any open flame, burning candle or candles in connection with any public meeting or gathering for purposes of delibera- tion, entertainment, amusement, instruction, education, recreation, awaiting transportation, or similar pur- pose, or in places of public assemblage, such as schools, restaurants, eating establishments, cocktail lounges, or bars, without first obtaining a permit from the Chief of the Fire Department. b.No person shall use or allow to be used any open flame, burning candle or candles in any building or place in such a manner as to create a fire or life hazard. 7. Section 26.16, DETAILED REQUIREMENTS FOR USE OF CANDLES, is amended by deleting sub -paragraph 4) of paragraph b thereof. 8. Section 27.03, DISCARDING BURNING OBJECTS PROHIBITED, is amended to read as follows: It shall be unlawful to throw down, drop, or place any lighted match, cigar, cigarette, or other burning or glowing substance, in combustible material or in close proximity thereto. -5- 9. Section 27.05, ACCUMULATION OF WASTE MATERIAL, is amended by amending paragraph a. thereof to read as follows: a. It shall be unlawful for an owner or occupant of real property to allow accumulations of waste paper, hay, grass, straw, weeds, litter, or combustible or flammable waste or rubbish of any kind to remain upon any roof, or in any court, yard, vacant lot, or open space, when the maintenance of such conditions con- stitutes a potential fire hazard. No owner or occu- pant of real property shall allow grass, vines, or other growth, on his property when such grass, vines, or growth constitutes a fire hazard, and said owner or occupant shall cut down and cause the removal of such grass, vines, or other growth. 10. Section 27.29, FALSE ALARMS, is amended by amending paragraph c. thereof to read as follows: C. It shall be unlawful for any person to tamper with or maliciously injure any fire alarm equipment main- tained for the purpose of transmitting fire alarms. 11. Section 27.30, TRACER BULLETS, is amended to read as follows: No person shall possess or fire, or cause to be fired, any tracer bullet or tracer charge, or any type of pro- jectile that discharges smouldering or flammable material in any brush or grass covered area, or area covered with flammable material. This Section shall not apply to any person in the armed forces of the United States of America, the State of California, or any investigative agency or political subdivision of the United States of America, or the State of California, when acting in his official capacity. 12. Section 27.36, HOUSEKEEPING AND FIRE NUISANCES, is hereby added to read as follows: All buildings and premises governed by these regulations shall be maintained in good repair and in a clean and orderly manner, free from any condition that presents a fire hazard or a condition which would add to or con- tribute to the rapid spread of fire. Provisions shall be made for the proper storage and disposal of waste materials and rubbish consistent with the following: a. All basements, cellars, floors, closets, attics, and other similar places not open to continuous obser- vation, shall be kept free from combustible litter and rubbish at all times. b. All combustible waste material and rubbish shall be stored in approved non-combustible containers or receptacles, or consistent with approved fire preven- tion practice, until such time as such waste material is removed from the premises or otherwise properly disposed of. All such waste containers, other than convenience waste receptacles emptied at the close of each day, shall be provided with tight -fitting, non- combustible covers. C. Metal containers shall be provided and maintained in all public rest rooms where paper towels are pro- vided. d. Ashes shall not be placed in or near combustible material but shall be placed in approved metal con- tainers until removed from the premises or otherwise properly disposed of. e. No dry vegetation shall be permitted to exist within twenty (20) feet of any building of occupancies subject to these regulations. f. Boiler rooms, mechanical rooms, electrical panel rooms, exit passageways, stairways, and corridors shall not be used for storage. g. Electric motors, filters on heating equipment, and grease hoods shall be checked periodically and kept clean and maintained in a safe operating condition. 13. Section 29.02, SMOKING, is amended by amending para- graph a. to read as follows: a. The Chief may, upon determination that hazardous fire conditions exist in any part of the City of Anaheim, designate said area as a hazardous fire area and it shall be unlawful for any person in said hazard- ous fire area to light, ignite, or otherwise set fire to or to smoke any tobacco, cigarette, pipe, or cigar in or upon said 'hazardous fire area; provided, however, that nothing in this Section shall apply within the boundaries of any established smoking area as desig- nated by the Chief of the Fire Department. 14. Section 29.06, SMOKING ACTIVITY ON SCHOOL PROPERTY, is hereby added to read as follows: It shall be unlawful for any person or persons to engage in any smoking activity or to possess any flaming or glowing object or cause to be lighted any substance in any school building or on any school property, at any time, except (a) in areas authorized by the Board of Education; and (b) as may be permitted in a junior college under Section 10602 of the Education Code. 15. Section 32.01, SCOPE, 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 arc project equipment are used. 16. APPENDIX B, DRY CLEANING PLANTS, is amended to read as follows: -7- NOTE: The rules and regulations of the California State Fire Marshal's office shall govern the design, construction, alteration, maintenance, and operation of dry cleaning and dry dyeing establishments. Said rules and regulations are located in Title 19 of the Health and Safety Code of the State of California. 17. APPENDIX C, RIFLE RANGES, is amended by amending para- graph 3 thereof to read as follows: 3. QUALIFICATIONS OF RANGE OFFICER. The Fire Chief and the Chief of Police shall establish qualifications for range officer by the adoption of the qualifications of the National Rifle- men's Association or of some other association whose definitive rules for the qualifications of a range officer are available to the public. 18. APPENDIX E, SUPPRESSION AND CONTROL OF HAZARDOUS FIRE AREAS, is amended by amending paragraph 8 thereof to read as follows: 8. TRACER BULLETS, TRACER CHARGES, ROCKETS AND MODEL AIRCRAFT PROHIBITED. a. No person shall fire or cause to be fired any tracer charge into or across any hazardous fire area, nor shall he have in his possession any trajer bullet or tracer charge on such area. b. No person shall use, fire, or project into or across any hazardous fire area any rocket, model plane, glider, or balloon powered with an engine, propellent, or other feature liable to start or cause fire in said area. C. Nothing herein contained shall apply to any person in the armed forces of the United States of America, the militia of the State of California, or any investi- gative agency or political subdivision of the United States of America, or the State of California, when acting in his official capacity." SECTION 2. 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 signed by me this 8++b day Of Ortnbpr , 1968. STATE OF CUMRNIA ) COUNTY OF ORANGE ) SS. CITY OF ANAHEIM ) I, DEEE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 2579 was introduced at a regular meeting of the City Council of the City of Anaheim held on the 1st day of October, 1968, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 8th day of October, 1968, by the following vote of the members thereof; AYES= COUNCILMENs Krein, Schutte, Clark and Febley NOES s COUNCI7XEN s None ABSENTs OOUNCIIMM s Dutton AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Ordinance No. 2579 on the 8th day of October, 1968. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offidal seal of the City of Anaheim this 8th day of October, 1968. C CLM OF THE CIT Zr ANAHEIM (SEAL) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 2579 and was published once in the Anaheim Bulletin on the.18th day of October, 1968. City Clerk