4998ORDINANCE NO. 4998
AN ORDINANCE OF THE CITY OF ANAHEIM ADDING
CHAPTER 16.09 TO TITLE 16 OF THE ANAHEIM
MUNICIPAL CODE RELATING TO HIGH RISE
BUILDINGS CONSTRUCTED PRIOR TO 1974.
FOLLOWS: THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
SECTION 1.
That Chapter 16.09 of Title 16 be, and the same is
hereby, added to the Anaheim Municipal Code, to read as follows:
"Chapter 16.09
LIFE SAFETY REQUIREMENTS FOR
EXISTING HIGH-RISE BUILDINGS
16.09.010 DEFINITIONS
For purposes of this Chapter, the following
words, terms and phrases are defined as follows:
A. "Building Official" is the appointed head of
the Building Division of the City of Anaheim Planning
Department, or his authorized representative.
B. "Fire Chief" is the Chief Officer of the City
of Anaheim Fire Department or his authorized
representative.
C. "High-rise building" is a building which
contains floors used for human occupancy which are located
more than fifty-five feet above the lowest level of
approved Fire Department vehicle access, which is a road
or area designated by the Fire Department where fire units
set up operations adjacent to the high-rise building.
D. "Life -Safety System" shall include automatic
sprinkler systems, local fire alarm systems, and automatic
shut down of all ventilating, heating and air conditioning
equipment.
16.09.020 PURPOSE OF CHAPTER
The purpose of this chapter is to provide an
acceptable level of safety to persons occupying existing
high-rise buildings by requiring those buildings to be
retrofit with a life -safety system, as required in
construction of new buildings.
16.09.030 APPLICABILITY OF CHAPTER
The provisions of this chapter shall apply to all
high-rise buildings in the City of Anaheim for which a
building permit is issued prior to January 1, 1974.
16.09.040 ENFORCEMENT OF CHAPTER
The provisions of this chapter shall be enforced
by the Fire Chief of the City of Anaheim.
16.09.050 LIFE -SAFETY SYSTEM REQUIREMENTS
The following life -safety systems are required in
each high-rise building subject to this chapter:
A. An approved automatic fire sprinkler system
pursuant to the currently -adopted edition of the Uniform
Building Code, Standard 38-1 shall be installed. In
addition, floor control valves will be required on every
floor, and the sprinkler system must be monitored by an
approved central, proprietary or remote station service.
B. All heating, ventilating and air conditioning
systems shall be equipped with an automatic device or
devices to prevent recirculation of smoke, as required by
Section 1807 of the Uniform Building Code, 1985 edition.
C. All fire alarm systems shall be connected to
an approved central station, or to an alternative approved
by the Fire Chief.
16.09.060 DEVIATION FROM REQUIREMENT
The Fire Chief shall be authorized to allow
deviations from the requirements set forth in this chapter
as follows:
A. The Fire Chief may allow the use of alternate
methods or materials if such alternate methods or
materials will provide levels of safety equal to or
greater than those specifically set forth in Section
16.09.050.
B. The Fire Chief may waive specific individual
requirements of this code if the owner of the high-rise
building demonstrates that such requirements are not
physically possible or practicable. The financial cost of
compliance shall not be the sole basis for waiving any
requirement.
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C. The Fire Chief may grant extensions of time
where the owner of the high-rise building demonstrates
that compliance within the time periods specified in this
chapter is not physically practical or poses an undue
hardship. Extensions shall not be granted to any building
owner who cannot demonstrate intent and effort to comply.
16.09.070 APPEALS
Whenever the Fire Chief refuses to allow
deviations from the requirements set forth in this chapter
as authorized by Section 16.09.060, the owner of the
high-rise building may appeal from such decision to the
City Council 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 days if a
written Notice of Appeal is filed with the City Clerk of
the City of Anaheim within said ten day period. The
Notice of Appeal shall:
(a) Specify the substance and particulars of the
decision being appealed;
(b) Show the date of the decision;
(c) Be signed by the appellant or his/her duly
authorized agent; and
(d) 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 Fire Chief and the appellant, at least three (3) days
prior to the time set for the hearing, of the place, date
and time the City Council shall hear and consider the
appeal. Notice shall be given to the appellant by mailing
said notice to the address shown on the Notice of Appeal.
All decisions of the City Council shall be final.
16.09.080 BUILDING PERMITS
A. Any permits required by the Uniform Building
Code and the Anaheim Municipal Code prior to installation
of life -safety systems required by this chapter shall be
obtained by the owner of the high-rise building.
B. Sixty days prior to submitting plans for a
building permit, the owner and the owner's design team
shall meet with the Fire Chief and the Building Official
to preview plans to determine the adequacy of the
life -safety systems for the building. The life -safety
systems shall be indicated on the plans for the building,
which plans shall be filed in the records of the Building
Department. The Building Official and the Fire Chief may
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require the owner to provide sufficient documentation to
demonstrate, based upon engineering analysis, that the
systems meet the intent of nationally recognized standards.
16.09.090 SUBMISSION OF PLANS
Within one year after the adoption date of this
chapter, the owner of each high-rise building subject to
this chapter shall submit plans to the Building Official
and the Fire Chief indicating the owner's intended method
of complying with the requirements of this chapter.
16.09.100 DATE OF COMPLIANCE
The owner of each high-rise building subject to
this chapter shall comply with all requirements of this
chapter not specifically waived or deferred by the Fire
Chief by January 1, 1992."
SECTION 3. PENALTY
It shall be unlawful for any person, firm or
corporation to violate any provision or to fail to comply
with any of the requirements of this ordinance. Any
person, firm or corporation violating any provision of
this ordinance or failing to comply with any of its
requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00) or by
imprisonment not exceeding six (6) months, or by both such
fine and imprisonment. Each such person, firm or
corporation shall be deemed guilty of a separate offense
for each day during any portion of which any violation of
any of the provisions of this ordinance is committed,
continued or permitted by such person, firm or
corporation, and shall be punishable therefor as provided
for in this ordinance.
SECTION 4. 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 5. 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 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
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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 7th day
of March, 1989.
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0000MAIrOR OF TH Y OF NA E
ATTEST:
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CLERK
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 Ordinance No. 4998 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 28th day of February, 1989,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 7th day of March, 1989, by the following vote of the
members thereof:
AYES: COUNCIL MEMBERS: Daly, Ehrle, Pickler, Kaywood and. Hunter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4998 on the 8th day of March, 1989.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 8th day of March, 1989.
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 Ordinance No. 4998 and was published once in the
Anaheim Bulletin on the 17th day of March, 1989.
CITY CLERK OF THE CITY OF ANAHEIM