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3827ORDINANCE NO. 3A�7 _ 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, 1976 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 That Chapter 16.08 of Title 16 of the Anaheim Municipal Code be, and the same is hereby, repealed.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: "SECTION 16.08.010 APPROVAL. 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, 1976 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." "SECTION 16.08.020 ADOPTION OF THE. UNIFORM FIRE CODE, 1976 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, 1976 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 -certi- fied to be true copies by the City Clerk. The City Clerk shall, at all times, maintain a reason- able 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- "SECTION 16.0$.030 - Section 1.215 of the Uniform Fire Code is hereby amended to read as follows: -^ "BOARD OF APPEALS "SECTION 1.215 (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 provis- ions 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: (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 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 date, time and place when the Board of Appeals shall hear and -2- 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 appellant by mailing said notice to the address shown on the Notice of Appeal. All decisions of the Board of Appeals shall be final." "SECTION 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 15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside above -ground tanks is prohibited are as governed by Section 16.08.050 of the Anaheim Municipal Code. "SECTION 16.08.050 - FIRE PREVENTION CODE SECTIONS 15.201 MODIFIED. The limits referred to in Section 15.201 of the Fire Prevention Code in which storage of flammable liquids in outside above -ground tanks is prohibited, and the limits referred to in Section 20.105A 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. "SECTION 16.08.060 - ARTICLE 12 - FIREWORKS - OF THE UNIFORM FIRE CODE'DELETED. Article 12 of the Uniform Fire Code entitled "Fireworks" is hereby deleted. "SECTION 16.08.070 - 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 sub- mitted and approved thereunder, shall severally for each and every such violation 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 imposition of one -3- penalty for any violation shall not excuse the viola- tion 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 It. It shall be unlawful for any person, firm or corpor- ation 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 Five Hundred Dollars ($500.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corpor- ation 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 5. The City Clerk shall certify to the passage of this ordinance and shall cause -the sameto 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. -4- THE FOREGOING the City Council of the March . ' ! 1978. ATTEST: ORDINANCE is approved and adopted by City of Anaheim this 7th day of JLW: j h -5- AR E F NAH I 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. 3827 was introduced at a -regular meeting of the City Council of the'City of Anaheim, held on the 7th day of'February, 1978, and that the same was duly passed -and adopted -at a regular meeting of said City Council held on the 7th day of March, 1978, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Raywood, Seymour, Rott, Roth and Thom . NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim -signed said Ordinance No. 3827 on -the 7th day of March, 1978. IN WITNESS WHEREOF, I have hereunto.set'my hand and affixed the official seal of the'City of Anaheim this -7th day of'March,'1978. . ,- .� .. CITY CLEIRK OF THE CITY OIM (SEAL) I, LINDA D. ROBERTS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 3827 and was published once in the Anaheim Bulletin on the 17th day of March, 1978. r -J CITY CLE Z uolslAla Suwung