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5543ORDINANCE NO. 5543 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 16.08 OF TITLE 16 OF THE ANAHEIM MUNICIPAL CODE ADOPTING AMENDMENTS TO THE UNIFORM FIRE CODE 1994 EDITION (PRIOR AMENDMENTS RECODIFIED) THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. AMENDMENTS TO UNIFORM FIRE CODE, 1994 EDITION Chapter 16.08 of Title 16 of the Anaheim Municipal Code be, and the same is hereby amended by the addition of the following Sections thereto: _ 1116.08.025 The 1994 Edition of the Uniform Fire Code is hereby amended in the manner hereinafter set forth. 16.08.030 BOARD OF APPEALS. Subsection 103.1.4 of the Uniform Fire Code is hereby amended to read as follows: "BOARD OF APPEALS" SECTION 103.1.4 a) In order to determine the suitability of alternate materials and type of construction, and to provide for reasonable interpretation of the provisions of this Code and relief by way of appeal from the granting or denial of any permit, there shall be, and hereby is, created a Board of Appeals consisting of the City Council of the City of Anaheim who shall grant such relief or make such interpretation or explanation as may be necessary and proper pursuant to the provisions of this Code. Whenever any reference to Board of Appeals shall appear in this Code, it shall mean the City Council of the City of Anaheim. b) Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Uniform Fire Code do not apply or that the true intent and meaning of the Uniform Fire Code have been misconstrued or wrongly interpreted, the applicant may appeal from a decision of the Chief of the Fire Department or the Chief of the Bureau of Fire Prevention to the Board of Appeals within ten (10) days from the date of the decision being appealed. A decision shall be considered as having been appealed within the aforesaid ten (10) days if a written Notice of Appeal is filed with the City Clerk of the City of Anaheim within said ten (10) day period. Such Notice of Appeal shall: i (1) Specify the substance and particulars of the decision being appealed; (2) Show the date of the decision; (3) Be signed by the appellant or his/her duly authorized agent; and (4) Indicate the mailing address of the appellant. Whenever a Notice of Appeal is filed with the City Clerk, the City Clerk shall set the matter for hearing at the earliest reasonable time and shall notify the Chief of the Fire Department and the appellant of the place, date and time the Board of Appeals shall hear and consider the appeal. The City Clerk shall give notice of the hearing to the 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." 16.08.041 CONDITION OF PERMITS Subsection 105.2.2 of the Uniform Fire Code is hereby amended to read as follows: 105.2.2 Expiration: "All permits issued pursuant to the Uniform Fire Code shall be valid for one year unless such permit expires sooner by its own expressed terms, or is otherwise revoked. Permit holders shall be required to reapply annually for permits. If deemed necessary by the Fire Chief or his designee, a reinspection shall be conducted and a reinspection fee shall be charged. No permits issued pursuant to the Anaheim Fire Code shall be transferred to any new use or permit -holder. Any change in use, operation or ownership of any permitted use shall require a new permit. 16.08.060 SPRINKLER SYSTEM SUPERVISION ALARMS Subsection 1003.3.1, Item 2 of the Uniform Fire Code is hereby amended to read as follows: "One hundred or more in all occupancies not normally occupied twenty-four (24) hours a day or provided with twenty-four (24) -hour guard service." 16.08.070 FIRE ALARM SYSTEM. Subsection 1007.2.9.1.1 of the Uniform Fire Code is 2 i hereby amended by adding thereto new Items 1, 2 and 3 to read as follows: 1. Fire Warning Systems 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 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. 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. Smoke detectors may be battery operated when installed in existing buildings, or in buildings without commercial power, or in buildings which undergo alterations, repairs or additions regulated by (f) (2) of this section. 2. Installation and Maintenance It shall be the responsibility of the owner to supply and install all required detectors. The owner shall be responsible for testing and maintaining detectors in common stairways and hallways. It shall be the responsibility of the tenant, whose tenancy will be longer than two weeks, to test and maintain detectors within dwelling units or rooming units and to notify the owner or authorized agent, in writing, of any deficiencies. The owner shall be responsible for providing each tenant with written information regarding detector testing and maintenance, or such information may be posted in common areas frequently visited by tenants such as the laundry room area. The tenant shall be responsible for replacement of the battery except that such battery shall be in operating condition at the time that the tenant takes possession. The owner or authorized agent shall not be in violation of this act for a 3 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. 3. Inspections An inspection for compliance shall be done concurrently with the fire extinguisher inspections at apartment houses, efficiency units and hotels. From three (3) to five (5) percent of said units shall be inspected." 16.08.115 DISPENSING. .010 Section 5202.4.1 of the Uniform Fire Code is hereby amended to read as follows: " (a) Aboveground Tanks. Class I and Class II liquids shall not be dispensed into the fuel tank of a motor vehicle from aboveground tanks except as follows: Scope: The outside storage and dispensing of motor fuels into tanks of motor vehicles from an aboveground tank(s), specifically for commercial use and not intended for retail sales to the general public. Placement of these systems may be restricted as per local codes. Note: This standard was developed for urban application only. Plans: Plans shall be "submitted and approved prior to installation for each application. The plans shall indicate the method of storage and dispensing quantities to be stored, distances from buildings, and property lines,access ways, fire -protection equipment, barrier protection,secondary containment, design and construction of tanks,supports, seismic design, tank venting, vapor recovery,wiring and equipment, electrical controls, safety rules,signage and any additional information and requirementas required by the Fire Chief. Permits: Section 105 Permits shall be issued in accordance with UFC Section 105 of the Uniform Fire Code. The storage and dispensing of each installation shall be reviewed and permitted annually. Permits issued by other regulatory agencies must be obtained 4 Y prior to initial installation and renewed annually if applicable. Design and Construction of Tank Systems UFC Section 7902.1.8.2 The design, fabrication and construction of tanks shall be in accordance with the Uniform Fire Code. The primary tank shall be double walled and protected by a minimum listed or approved fire resistive protection of two-hour rating, and impact resistant per UBC Article 9 definition. The aggregate quantity allowed on site shall be limited to 2200 gallons. Any quantity above this limit shall be approved by the Fire Chief. Location on Property Tank systems shall be located at least 15 feet from property lines, public ways, or significant buildings. For multi -tank locations, the tank separation shall not be less than 3 feet. Supports and Foundations: UFC §7902.1.13 Tanks shall rest on foundations made of concrete, masonry, pilings or steel. 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 foundations. Steel tank supports shall be designed to U.L. Standard 1709. The design of the supporting structure shall be in accordance with the UBC and well established engineering principles. The design of the supporting structure for the tank(s) shall be engineered to prevent excessive load concentration upon supporting portion of tank shell. Seismic design as per the Uniform Building Code (UBC) shall be applicable. Where a tank system is located in an area subject to flooding, provisions of Appendix II -B apply. Vehicular Approach Pad A reinforced concrete surface sufficiently covering the vehicle fueling area is required as approved by the Fire Chief. 5 Barrier Protection: Guard posts or other means shall be provided to protect exterior storage tanks from vehicular damage specified as follows: 1. 7' steel posts, with 4' above and 3' below grade. The post shall be secured in a 1-squarefoot concrete footing. 2. The post shall be of 1/2" steel (schedule 40 6" diameter) and concrete filled with cap. 3. The posts shall be 48" apart on center. 4. The backside of the post shall be a minimum of 4' from the tank. Pipe, Valves, and Fittings: In addition to the requirements outlined in Section 7902.2.7 of the UFC, the following shall apply: All equipment and devices shall be of an approved type and listed by a nationally recognized testing laboratory. Pipe manifolding between individual tanks is strictly prohibited. All piping shall be enclosed in two-hour fire protection. Pipes containing liquid are required to be double contained. This includes the base of working and emergency vents and fuel sleeves. All tank openings shall be equipped with a fusible linkvalve that is heat activated and will close, preventing fumes from igniting. This device is not required on the working or emergency vent and must be approved by the Fire Chief. Tanks shall be fitted with an approved overfill device capable of shutting down filling operations when tank reaches 90% capacity. A coaxial breakaway device shall be required on phase II vapor recovery systems. Vapor recovery equipment shall be in accordance with Section 5202.12 and local Air Quality regulations. A check valve and shutoff valve with a dry break device ("quick connect") shall be installed in the piping at a point where connection and disconnection is made for fuel delivery. This device shall be permanently affixed and protected from tampering and physical damage. 9 Y Emergency relief venting shall be in accordance with UFC Section 7902.2.6 and NFPA 30A. Emergency relief vents for gasoline tank systems shall have an approved flame arrestor. Diking Around Tank System: UFC §7902.2.8: The requirement of containment around the tank Tank System would be considered triple containment with the exception of over spill during the tank filling process. If the tank system does not have over spill protection, containment around the tank will be required. Electrical Controls: All electrical wiring and equipment installed on an aboveground tank system shall be of an approved type and installed in accordance with UFC Table 5202.6 and the Electrical Code. A clearly labeled, manually operated pump master switch shall be provided in an approved location that is within 75 feet, but not nearer than 15 feet to any dispenser. Signs identifying the pump master switch shall be clearly labeled "EMERGENCY PUMP SHUTOFF" in 4" high letters with 1/2" strokes. The master switch on all individual pump circuits shall be turned off at the end of the business day. During the hours of operation, the tank system site shall be provided with a fire alarm transmitting device. Such device may be a telephone that is readily available. Monitoring: Electronic leak detection that complies with California Code of Regulation (CCR) Title 23, shall be requiredtomonitor the interstitial space between the primary and secondary tank and the bulkheads of a compartmentalized tank. This monitor shall be tested annually by an outside contractor. A written Leak Response Plan must be posted adjacent tothe alarm panel to ensure proper notification to local authority. The integrity of the primary tanks shall be tested by an independent testing company every five years or after a significant event or possible breach of integrity. The test results shall be submitted within thirty (30) days to the Environmental 7 Y Protection Section of the Anaheim Fire Department, and be maintained on site for three (3) years. Tank Filling operations: Delivery operation shall comply with applicable requirements of NFPA 385 Standard for Tank Vehicles for Flammable and Combustible Liquids. The delivery vehicle shall be separated from the tank by at least 25. The delivery hose line shall not exceed 50' and shall be equipped with a "quick connect: device. Tank filling shall not begin until the delivery operator has determined the available capacity and ensured that a dry break device is present (see dry break specifications under Pipes, Valves, and Fittings section). Dispensing UFC §5201.4.1: Dispensers shall be equipped with a permanently attached, approved pumping device mounted on top of the tank. The hose shall be of an approved length for fueling vehicles, equipment or containers. Each tank shall have a pump that is activated/deactivated when the nozzle is removed/replaced." Product delivery hoses must be equipped with a listed emergency breakaway device. Such devices shall beinstalled and maintained in accordance with manufacturer's instructions. A Listed automatic -closing nozzle valve shall be installed with the following features: 1. A latch open device. 2. Vapor recovery nozzles, incorporating insertion interlock devices designed to achieve shut-off upon disconnection from vehicle fill pipe, are required. Dispensing shall be done by a qualified, trained employee. The owner/operator provides and is accountable for: 1. Daily site visits. 2. Routine equipment inspection and maintenance. EN i 3. Posting operating instructions. 4. Posting of the Leak Response Plan and appropriate signage. Safety: Signs prohibiting smoking, dispensing into unapproved containers, requiring vehicle motors to be stopped during fueling, and emergency procedures, shall be posted at each location visible from all dispensers. Combustible storage is prohibited on top or within 10' of any tank. Fencing shall be provided to protect tank system from tampering or trespassing. Fence construction shall not be less than 6' in height and of wire _ mesh, solid metal sheathing or masonry. Tanks shall be labeled in accordance with NFPA 704 M. A fire extinguisher with a minimum classification of 2-A/20 BC shall be installed no more than 75' from any dispenser or fill pipe opening. Flammable or combustible liquids or any waste containing crude petroleum or its products shall not be discharged into or upon any street, highway drainage canal or ditch, storm drain, sewer or flood control channel, lake or tidal waterway, or upon the ground." 16.08.150 HAZARDOUS MATERIALS Article 80 of the Uniform Fire Code entitled "Hazardous Materials" is hereby amended as follows: .010 Subsection 3.A of Section 8003.1.1 is hereby amended to read as follows: "3. Quantities not exceeding exempt amounts. A. General. Storage of hazardous materials, in containers, cylinders and tanks, not exceeding the exempt amounts specified in Sections 8003.2 through 8003.15 may be required to be in accordance with this division if deemed necessary by the Fire Chief." .020 Subsection 5 of Section 8001.4.5.1 is hereby amended to read as follows: 9 Y "5. Underground tanks. Underground tanks used for the storage of hazardous materials shall be located and protected in accordance with sections 7902.16 and 7902.6.15 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 reference unless specifically amended otherwise. " 16.08.155 EXPANDING THE SCOPE OF APPENDIX II -A. "Section 1 'SCOPE' of Appendix II -A, Division II SPECIAL HAZARDS, Suppression and Control of Hazardous Fire Areas of the Uniform Fire Code, 1994 Edition, is hereby amended to read as follows: " 1. SCOPE (A) The unrestricted use of grass -,.grain-, 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 conducted 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" 16.08.160 CHRISTMAS TREE PERMITS Section 2 of Appendix IV -B of the Uniform Fire Code entitled " Permits" is hereby amended to read as follows: "A permit is required prior to placement of the tree in all A, E and I occupancies." 16.08.170 PERMITS REQUIRED No person or organization shall occupy, use a building or premises or engage in any activities for which a permit is required without having first applied for and obtained a permit to do so as provided in this chapter. 10 16.08.171 APPLICATION FOR PERMIT Applications for permits shall be in writing and filed with the Fire Chief. When a public show or exhibit permit is being requested, the application shall be filed no less than fourteen (14) days prior to the date the permit is required. Such application shall state the exact address where permit is required, the name of the business or organization, the business or organization telephone number, the owner or operator's telephone number, the type of permit required, the description of the operation and a plot plan drawn to scale or showing actual dimensions, and such other information as shall be required by the Fire Chief. 16.08.172 INVESTIGATION OF APPLICATION Before issuing a requested permit, the Fire Chief shall cause an investigation to be made regarding the application and shall have the findings set forth in writing and attached to the application. 16.08.173 ISSUANCE OR DENIAL OF PERMIT If the Fire Chief determines, after the investigation, that all applicable provisions of the law and of the Anaheim Municipal Code, including the provisions of this chapter, are or will be complied with and that the granting of the permit will not be detrimental to the public safety, then he shall issue a permit; otherwise, the application shall be denied. 16.08.174 PERMIT FEES For each and chapter, there shall be Department a permit fee resolution of the City every permit issued pursuant to this paid to the City of Anaheim Fire in such amount as established by Council." SECTION 3. 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 thereunder, or who shall build in violation of any detailed statement or specifications or plans submitted and approved thereunder, shall severally for each and every such violation or noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more than six (6) months or by both such fine and 11 I 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 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 5. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 19th day of December , 1995. MAYOW OF THE CITY OF A EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 12 W 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 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 5. 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. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 19th day of December , 1995. MAYO OF THE CITY OF A EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 12