Loading...
5538u ORDINANCE NO. 5538 AN ORDINANCE OF THE CITY COUNCIL 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; AND DECLARING THAT THIS ORDINANCE IS AN EMERGENCY MEASURE WHICH SHALL TAKE IMMEDIATE EFFECT. (NEW AMENDMENTS) 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. 16.08.040 REVIEW OF BUILDING PERMITS Subsection 103.3.2.3 is hereby added to Section 103 of the Uniform Fire Code to read as follows: 1103.3.2.3 Review of building permits. No building permit shall be issued pursuant to Section 15.02 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 this fire code. The fire marshal and the building official shall establish administrative procedures designed to promote expeditious review of building permit applications. 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.' H Y 16.08.090 PERMITS .010 Subsection 105.8 of Section 105 of the Uniform 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 Uniform Fire Code is hereby amended by the addition of the following to the list of activities, operations, practices, or functions requiring a permit: .0201 1c.10 Christmas Tree Lot. To operate a Christmas Tree Lot in the City of Anaheim. .0202 1p.4 Activities or Use in Conjunction with a Public Assembly. The following require a permit when used or placed in a public assembly: 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 .0203 1p.5 Pumpkin Patch Lots. To operate a Pumpkin Patch lot in the City of Anaheim.' .0204 `s.2 Special Activities Permit. A permit issued by the Anaheim Fire Department for conditions, events, or activities to insure compliance with Section 103.2.1.1 and Section 103.3.1.2 of this code. Such conditions, events or activities include, but are not limited to haunted houses or fairs.' 16.08.120 FIRE HYDRANT SYSTEMS Subsection 903.4.1.2 of Section 903 of the Uniform Fire Code is hereby amended to read as follows: 1903.4.1.2 Testing and maintenance of private fire hydrants. 1. 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 2 Y 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 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. 2. Responsibility for 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 when testing of a private fire hydrant is needed. 3. 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 ensure 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. 4. Testing Notification. Any person testing a private fire hydrant shall notify the fire department dispatcher and fire alarm company prior to and after work on the hydrant to avoid false alarms. 5. Certification of Private Fire Hydrant Testers. 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 a 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.' 7 16.08.140 STANDARDS Subsection 1003.1.2 of Section 1003 the Uniform Fire Code is hereby amended to read as follows: 11003.1.2 Standards. .0102 National Fire Protection Association Standard 13, 1994 Edition, Section 4-4.1.4.2, Exception 3 amended as follows: `Exception No. 3: Where sprinklers are installed under composite wood joists less than 16 inches in depth, sprinkler deflectors shall be a minimum of 1 inch and a maximum of 6 inches below the bottom of the composite wood joist and the joist channels shall be fire -stopped the full depth of the joist with a material equivalent to the web construction so that individual channel areas do not exceed 300 square feet. Where the depth of the composite wood joist is 16 inches or greater, protection shall be provided by using one or more of the following methods: (a) Provide a sprinkler in each joist channel. The distance between sprinklers within the joist channel shall not exceed 15 feet. (b) Protect the composite wood joist with 5/8 -inch Type X gypsum wallboard attached directly to the bottom of the composite wood joist. Joist channels shall be fire -stopped the full depth of the joist with a material equivalent to the web construction so that the volume of individual channels do not exceed 160 cubic feet. (c) Completely fill the channel with noncombustible insulation. The insulation shall be secured to prevent the insulation from falling. Joist channels shall be fire -stopped the full depth of the moist with a material to the web construction so that the volume of individual channels does not exceed 160 cubic feet. .0103 National Fire Protection Association Standard 13, 1994 Edition, Section 4-7.1.1.1 of NFPA-13 amended as follows: `Local water flow alarms shall be provided on each sprinkler system having more the 5 sprinklers and shall be located in an area approved by the chief.' .020 All fire -sprinkler systems shall be designed to 4 Y utilize not more than 90 percent of the available water supply as indicated by a submitted graph sheet as required by this code. .030 Automatic sprinkler systems in Group R Occupancies four stories or less may be in accordance with the National Fire Protection Association Standard No. 13-R, 1994 Edition. .040 Automatic sprinkler systems in Group R Division 3 occupancies may be in accordance with the National Fire Protection Association Standard No. 13-D, 1994 Edition as amended by this code. 16.08.200 PERMITS AND PLANS FOR PUBLIC ASSEMBLIES Subsection 2501.3 of Section 2501 of the Uniform Fire Code is hereby amended to add the following to read as follows: Plans of exhibitions, trade shows, carnivals, and fairs shall submitted to the Chief for approval fourteen (14) days prior to the event.' 16.08.210 OCCUPANT COUNT Subsection 2501.16.4 is hereby added to Section 2501 of the Uniform Fire Code to read as follows: 12501.16.4 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 shall be enacted when the occupant load reaches 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.' 16.08.220 ABOVEGROUND TANKS .010 Subsection 5202.3.6 of Section 5202 of the Uniform Fire Code is hereby amended to read: 15202.3.6 Special Enclosures. When installation of tanks in accordance with Section 7902.6 is impractical, or because of property or building limitations, tanks for Class I, II or III -A liquids may be installed in buildings, when approved by the Chief, in special enclosures as follows: 1. The special enclosure shall be liquid tight and vapor tight 2. The special enclosure shall not contain backfill. 5 Y 3. Sides, top and bottom of the special enclosure shall be of reinforced concrete at least 6 inches (152.4 mm) thick, with openings for inspection through the top only. 4. Tank connections shall be piped or closed such that neither vapors nor liquid can escape into the enclosure and any tanks inside the special enclosure. 5. Means shall be provided where by portable equipment can be employed to discharge to the outside any vapors which might accumulate inside the special enclosure should leakage occur. 6. Tanks containing Class I, II or III -A liquids inside a special enclosure shall not exceed 1100 gallons (4164 L) individual or 2200 gallons (8328 L) aggregate capacity. 7. Each tank within special enclosures shall be surrounded by a clear space of not less than 3 feet (910 mm) to allow for maintenance and inspection. .020 Subsection 5202.4.1 of Section 5202 of the Uniform Fire Code is hereby amended to read: 15202.4.1 Aboveground tanks. Aboveground tanks used for the dispensing of Class I and Class II liquids into the fuel tank of a motor vehicle shall be in accordance with Anaheim Fire Department, Aboveground Tank Installation Guidelines, copies of which are on file at the Anaheim Fire Department.' 16.08.230 PLANS Subsection 7901.3.2 of Section 7901 of the Uniform Fire Code is hereby amended to read as follows: 17901.3.2 Plans. Plans shall be submitted with each application for a permit to store more than 249 gallons (942 L) of liquids outside of buildings in drums or tanks. The plans shall indicate the method of storage, quantities to be stored, distances from buildings and property lines, access -ways, fire -protection facilities, and provisions for spill control and secondary containment. 16.08.240 TANKS ABANDONED IN PLACE Subsection 7902.1.7.2.4 of Section 7902 of the Uniform Fire Code is hereby amended to read as follows: 17902.1.7.2.4 Tanks abandoned in place. Tanks abandoned in n 16 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.' 16.08.250 REINSTALLATION OF UNDERGROUND TANKS Subsection 7902.1.7.2.5 of Section 7902 of the Uniform Fire Code is hereby amended to read as follows: 17902.1.7.2.5 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 recertified by the original tank manufacturer.' 16.08.260 REMOVING TANKS Subsection 7902.1.7.4.1 of Section 7902 of the Uniform Fire Code is hereby amended to read as follows: 17902.1.7.4.1 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. 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 (3.2 mm to 6.4 mm) opening for pressure equalization, and 5. Tanks shall be purged of vapor and inerted prior to removal.' 16.08.270 PLASTIC CONTAINERS Subsection 7902.1.8.1.3 of Section 7902 of the Uniform Fire Code is amended to read as follows: `7902.1.8.1.3 Plastic containers. Plastic containers shall not be used for storage of Class I or Ii liquid unless such containers are listed and approved for such storage or the containers are stored in liquid storage rooms or liquid storage warehouses. See Sections 7902.5.11 and 7902.5.12. 7 it See also Section 7902.5.10.2.2 for additional limitations. Exception: Prepackaged containers for wholesale or retail sale.' 16.08.280 TANK LININGS Subsection 7902.1.8.2.9 of Section 7902 of the Uniform Fire Code is hereby amended to read: 17902.1.8.2.9 Tank lining. Tank lining is not allowed unless approved by the chief.' 16.08.290 TANKS AT GRADE Subsection 7902.1.13.2 of Section 7902 of the Uniform Fire Code is hereby amended to read as follows: 17902.1.13.2 Tanks at grade. Tanks shall rest on foundations made of concrete, masonry, piling 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 foundation.' 16.08.300 USED TANKS Subsection 7902.6.9 of Section 7902 of the Uniform Fire Code is hereby amended to read as follows: 17902.6.9 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.' 16.08.310 TANK LINING FOR STEEL UNDERGROUND TANKS Subsection 7902.6.10 of Section 7902 of the Uniform Fire Code is hereby amended to read: `7902.6.10 Tank lining. Tank lining is not allowed unless approved by the chief.' 16.08.320 CATHODIC PROTECTION Subsection 7902.6.15.2 of Section 7902 of the Uniform Fire Code is hereby amended to read: 17902.6.15.2 Cathodic protection. Cathodic protection systems are not allowed unless approved by the chief.' E -V 16.08.330 NEW TANKS Subsection 7902.6.16.2 of Section 7902 of the Uniform Fire Code is hereby amended to read: 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.' 16.08.340 HAZARDOUS MATERIALS MANAGEMENT PLAN Subsection 8001.3.2 of Section 8001 of the Uniform Fire Code is hereby amended to read: 18001.3.2 Hazardous materials management plan. When required by the chief, each application for a permit shall include a hazardous materials management plan (HMMP). The HMMP 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 Business Emergency Plan form shall be deemed to meet this requirement.' 16.08.350 HAZARDOUS MATERIALS INVENTORY STATEMENT Subsection 8001.3.3 of Section 8001 of the Uniform Fire Code is hereby amended to read: 18001.3.3 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.' 9 Y 16.08.360 GENERAL Subsection 8001.4.5.1.1 of Section 8001 of the Uniform Fire Code is hereby amended to read: 18001.4.5.1.1 General. Underground tanks used for the storage of liquid hazardous materials shall be installed in accordance with the Anaheim Fire Department, Underground Tank Installation Guidelines, copies of which are on file at the Anaheim Fire Department. In addition, all such underground storage tanks shall comply with the requirements of the California Code of Regulations, Title 23, Division 3, Chapter 16, and the California Health and Safety Code, Chapters 6.7 and 6.75. 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.' 16.08.370 HAZARDOUS FIRE AREAS The following changes are made to Division II (Special Hazards) of Appendix II -A of the Uniform Fire Code: 16.080.380 Section 6 of Appendix II -A of the Uniform Fire Code 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. 16.08.390 Section 7 of Appendix II -A of the Uniform Fire Code is hereby amended to read as follows: `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.' 10 Y 16.80.400 Section 8 of Appendix II -A of the Uniform Fire Code is hereby amended to read as follows: `SECTION 8 - TRACER BULLETS, TRACER CHARGES, ROCKETS AND MODEL AIRCRAFT Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across hazardous areas including the Special Protection Area. 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.' 16.08.410 Section 10 of Appendix II -A of the Uniform Fire Code 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. 16.08.420 APPENDIX IV -B CHRISTMAS TREES Section 2 of Appendix IV -B (Christmas Trees) of the Uniform Fire Code is hereby amended to read as follows: `SECTION 2 - PERMITS A permit is required prior to placement of the tree in all A, E, and I occupancies."' SECTION 2. VIOLATIONS - PENALTIES Except where another penalty is provided pursuant to state law, any person who shall violate any of the provision of this Chapter, or shall fail to comply wherewith, or who shall violate or fail to comply with any order make 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) 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 11 Y 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 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. Should the provisions of this Ordinance conflict with the provisions of other local amendments to the Uniform Fire Code, 1994 Edition, the provisions of this Ordinance shall prevail. SECTION 5. EFFECTIVE AND OPERATIVE DATES This ordinance shall take effect immediately; however, it shall become operative December 28, 1995. SECTION 6. DECLARATION OF URGENCY. The City Council declares that this ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health or safety, and the reasons for the urgency are as follows: 1. This ordinance adopts the Uniform Fire Code, 1994 Edition, with certain amendments thereto which are reasonably necessary for preservation of the public peace, health or safety (the local amendments). 2. The local amendments are necessary due to certain climatic, geographical and topographical conditions, including the fact that the City of Anaheim is geographically located in an area which is subject to 12 Y periodic extremely high velocity wind conditions. Said condition is further accentuated by the topographical features of the hill and canyon areas in the easterly portion of the City. Additionally, the City of Anaheim is subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of the high velocity winds as hereinabove described. Due to these local conditions, as well as other conditions set forth more specifically in the Resolution setting forth local conditions justifying amendments to the Uniform Fire Code, it is necessary for the welfare and safety of the citizens of Anaheim that local amendments take place to govern the special conditions of Anaheim. 3. Many of the local amendments being proposed in the adoption of the Uniform Fire Code have been imposed for a number of years and represent a stated practice within the ^_ City. If the Uniform Fire Code without local amendments becomes effective even for a short period of time, it will create confusion in enforcement, a large increase in the building fees that will be paid by the public to obtain their permits and will allow conditions necessitating such local amendments to go unremedied. 4. Under Health and Safety Code Section 17958, the Uniform Fire Code, without any local amendments, will become effective in the City of Anaheim 180 days after its adoption by the State Building Standards Commission, or by December 18, 1995, if the City does not have its own ordinance in effect by that time. 5. Unless this ordinance, including the local amendments set forth herein, is adopted as an emergency measure, said ordinance will not be in effect on or before December 28, 1995. 6. For the aforesaid reasons, it is necessary to adopt this ordinance as an emergency measure for the immediate preservation of the public peace, health or safety. 13 THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 12th day of December, 1995. MAYOR OF THE CITY OF AN EIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 14483.1\CFLYNN\December 13, 1995 14 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing urgency Ordinance No. 5538 was duly passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the 12th day of December, 1995 and after reading of the ordinance in full by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Taft, Zemel, Feldhaus, Lopez, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5538 on the 12th day of December, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 12th day of December, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5538 and was published once in the Orange County Register on the 21st day of December, 1995. --�, CITY CLERK OF THE CITY OF ANAHEIM