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HomeMy WebLinkAboutOrd 664-1974 ORDINANCE NO. 664 AN ORDINANCE AHENDING THE UNIFORM FIRE CODE - 19'73 EDITION, TO ADD TIiERETO DIVISION II, "SAFE AND SANE FIREWORKS." THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS FOLLOWS: SECTION I. AMENDMENT OF ARTICLE 12 OF THE UNIFORM FIRE CODE - 1973 EDITION. Article 12 of the Uniform Fire Code, .adopted .by refer- ence pursuant to Ordinance No. 65~+, entitled, "An Ordinance Adopting 'the Uniform Fire Code - 1973 Edi-tion, Including Appen- dices A, B, C, D and E, and the Standards, Prirlciples, Tests, Methods, Publications and Secondary Codes Therein Referred To Or Adopt'ed by Reference; Provid'ing for Amendment' Thereto, Issu- ance of Permits and Fees Therefor and Repeal]~g Ordinance 601 and Other Ordinances," adopted the Sth day of November, 1973, is hereby amended to add thereto Division II entitled, "Safe and Sane Fireworks," which shall read as follows: DIVISION II "SAFE AND SAHE FIREWORKS" Defini-tion 12.201. "Safe and Sane Fireworks," "Fireworks," and "Dangerous Fireworks" shall, be as d~fined by the State Fire- works Law, Division II, Part 2, of -the California Health and Safety Code and said defi~nitions shall govern the construction and interpretation of said words as used in this division. I I Safe and Sane Fireworks Regulations 12.202. The regulaL]ons set forth in this division shall govern the storage, use and sale of Safe and Sane Fireworks within the City limits of the City of South San Francisco. Permits Required 12.203. Permits to sell, possess or transfer Safe and Sane Fireworks in the City of South San Francisco shall be required and obtained ~n accordance with the procedure ~ereinafter set forth. A. Applications: Application for permit to sell, possess, or transfer Safe and Sane Fireworks in the C~ty of South San Francisco sha].l be written on ~he form provided by the City and filed with the Director of Administrative Services on or before June 1. A copy of the license to sell said fireworks issued by the State Fire Marshal or other authorized State official having jurisdiction to issue such licenses, shall be attached 'to the application. B. Permit F~o: Non-co~nercial class permittees (designated Class A) shall pay a fee of Twenty-five dollars ($25.'00), and commercial class permittees (designated C].asses B and C) shall pay a fee of One l~undred dollars ($100.00) to th~ City Clerk when the application is filled. Co Center, ts of Application. A depos, it of sec~rity [.n the sum of One hundred dollars ($100.00) for non-commercial cl~ss perm~t'tees, and the sum of One hundred dol]~ars ($100.00) l-or commercial class permittees shall be filed with the applicatJ.on, the purpose of such deposit being to insure that any b~].lding, facility, structure or sJgns maintained, erecl~ed or constructed solely for' 'thc purpose f~)r which such permit was .issued, including the seasonal, sale of fireworks, will be removed within three (3) cale~dar days after the final date permit.t.ed by law for such seasonal, sales or-terms of the permit, which- ever event occurs first. Upon the fa.[]~rc to so remove within the peri. od' so ] [mi.'ted, City or its duly-authorized represen- tative may cause such removal and charge the costs -thereof against said security depos.lt. If the security deposit ~s insufficient, applicant or permittee shall be l].able for an additional co,~;t ~f removal. Wr~_tten perm.ission of the owner, lessee or agents thereof of the rea'l propert, y upon which such l)~i].ding, fac~l[ly, sl:ructure and/or sig~s are located or to be 'l.ocated, consenting to such removal shall be submitted w~.tb the application, and if not so subm'[tted, the app].~.c~]ti_on shall not be accepted. Gran't or Denial of Application. by Fire Chief: Upon [)roper applJcatior] being made therefor in accordance with the S-~alte t'[reworks Law, the Fire Ch3ef shall have the power in his d~.scret.ion -to gran~ or deny the app][.cat_[on,subjec't Iii I Iii III1~ li to such reasonable conditions, if any, as he shall' prescribe. The Fire Chief shall submit a report of h'i_s findings to the Director of Adm~.nis~rative Services, and a recommendation for or agaims't the ~[ssuance of a permit, togett~.r with reasons therefor. E. Number of Permits Allowed. The maxim~m number of permits to sell Safe and Sane Fi. reworks which may be issued and opera, hie purs~mt to t:his Code durir~g any one calendar year shall, not exceed one (1) permit for each three thousand (3,~00) residents of the CEty, or fraction thereof, for no~-commercial class perm,.trees, and one (1) permit for each ten thousand (10,000) re~dents of the C.~ty, or fractio~ thereof, for commercial class permit'tees, b~sed o~] 'the most recent figure designated by the State Department of F~..nance as t-he City's population. Applications filed in compliance herewith shall be numbered in order of fi]_[ng in the non-commercial and commercial class commencing wCth 1 and proceeding s~]ccess~vely urltil the prioritv numbers equal the total number oF permits issuable for the respective class. Applications thereafter received shall. be placed on a pendJ, ng 1Cst and assigned priority numbers in order of filCng, should any become availab.[e by reason of can- cel~lation of prior, ties previously assigned. F. Permit Cl. ass.[ ficat C OhS. 1. Non-commercial c]ass permits (designated Class A) shall be issued to non-profit organizations (organized primarJ, ly for veterans, patrCotic, welfare, civic or charitable purposes as defined by the California Corporations Code ~nd Revenue and ill · [I ~li :1111~ I i i Taxation Code) established within the City ~for a minim~m of one (1) year continuously preceding the app-lication filing, and having a bona fide membership of at least twenty (20) members and principal meeting place within the City. Commercial class permits (designated B and C class permits) shall be issuable to commercial business licensees, with Class B permits designating those business licensees with a principal place of business in the City of South San Francisco, and Class C desig- nating other commercial business licensees.' Commercial class permits shall not be issuable after December 31, 1974, 2. Only one (1) permit shall be issued to any applicant and shall be valid only for the location ~or which it .is issued. No permit shall be transferable or signable or renewable. Permits shall be posted in a conspicuous place in the tenporary stand and shall be available when called fop by any a~.~thorized official'or inspector. Insurance 12.204. The permittee(s) shall submit documentary proof of public liability insurance of not less than One hundred thousand dollars ($100,000) for injury to any one person; Three h~ndred thousand dollars ($300,000) for injuries sustained by persons in any one accident; and Fifty thousand dollars ($50,000) property damage. The policy shall include coverage for the City o~ South San Francisco, its employees and agents~ and in addition, there shall be submitted proof of products liability insurance with minimum coverage of Three hundred thousand dollars ($300,000). Iii ~ II I! III1~ I Iii I] ,~ IIIIiiTr~ I ~r Retail Sales Period 12.205. The retail sale of Safe and Sane Fireworks is permitted only during the period of 12:00 noon on the 28th of June through 12:00 noon om the 6th of July of the same calen- dar year. Temporary F'ireworks Stands 12.206. Ail re~a[~.]~ sales of Safe and Sane Fireworks shall be permitted only from within a temporary fireworks stand and the sale from any other building or structure is hereby pro- hibited. A. No fireworks stands shall be located within twenty-five (25) feet of any other building or within one hundred (100) feet of any premises where flammable liquids are dispensed. B. Fireworks stands as temporary structures shall not be sub~'~ect to the terms and provisions of the B~ild~ing Code app].icab'le Lo the construction of [)ermanent structures or buildings, provided, however, that all such stands are erected in accordance with the regulations of the building official. 711ll utilities shall be .installed and maintained in accordance with the Building Code and related codes. Prior to constructions, approval shall be obtained from the Department of Public S'ervices, Police and Fire Department of the City of South Sa~ ]/rancisco. 'C. No stand sba.[], have a floor area~ in excess of four hundred o I [ i Elil i' ti iii 31111 ' I (400) square feet. D. Stands shall be provided with a-t ]east one exit having a minimum clear width of thirty-six inches (36") and a minimum clear height .of six feet six inches (6'6"). Any stand with an enclosed area of two hundred (200) square feet or more shall be equipped with a minimum of two exits meeting the foregoing ~equirements. E. Each sales sta~{d shall be provided with one approved fire extinguisher having a minimum rating of 2-A. The extinguisher shall be hung in a conspicuous, accessible location so that the top of the extinguisher is not more than five ('5) feet above the floor or grade. F. Fireworks sales stands shall be set back at least ten (10) feet from the property line. G. Stands shall be constructed of wood or metal. The roof, rear wall and ends shall be solid wood or metal. H. No stand, including signs mounted 'thereon, shall exceed twelve (12) feet in height. I. Display shelves in the front of the stand shall be constructed in such a manner that all items displayed are under glass or other material appr~oved by the Fire Chief. General Requirement 12.207. The foll'owing general requirements shall apply: A. Ail dry grass, weeds and other combustible material shall be .cleared for a distance of not less than twenty-five (25) feet of any building. B. During sales hours no motor vehicles shall be parked within ten (10) feet of any sales stand. ~111 II iii IIII I I i I C. Sales stands containing fireworks shal]~ be supervised at all times during the time that the facility is open to conduct business. No person shall sleep or remain inside any stand when it is not open for business. D. Sales stands shall not be used for the sale of any other items. E. Ail stands shall have off-street parking provided as follows: A minimum of five (5) parking spaces for stands one hundred (100) square feet or less ]n size. Each additional fifty (50) square feet of stand area requires one (1) additional parking space. F. Smoking in or near stands shall be prohibited. "No Smoking" signs shall be erected as designated by the Fire Chief, with letter size not less than four (4) inches. G. There shall be no lighting of fireworks within five hundred (500) feet of any stand. Persons Permitted in the Sales Stand 12.208. No person under eighteen (18) years of age shall be permitted in the sales stand. Sales Restricted to Minors 12.209. No fireworks shall be sold to any person under'fourteen (14) years of age unless accompanied by an adult. Legible signs indicating that sales-are not permitted to persons under fourteen (14) years of age shall be posted conspicuously on all fireworks sales stands. Instructions on Safe Handling and Discharge ~ 12.210. Instructions on the safe handling ~and discharge of fireworks shall be distributed to every person purchasing o iii fireworks. Sa.id .instruct tons shall be npp'r'oved by the Marshal. prior to the issuance of a retail sales permJ, t. SECTION I1. PEI'4AI,TIES. Any per'so~ violating any of the ppovisons of this Ordi~ance sba.II, l~e deemed guilty of' a misdemeanor, and upon con- viction tl'tepeol' shall be pu~i.~hed by a fine of no't mo~e Five t~und~ed do l. lapa (SS00) op by iml,Pisonment of not mope than six (6) mont. hs, op by both such fine a~d imprisonment'. SECTION III. URGENCY MEASURE. This orciinance J.s declared to be a~ urgency measure aa.opted pursuant to 'the t)rovis'~o~s of (;ow~r~ment Code Section 36937, in [;hat it is for the immediate 1-~peser, vation of the public peace, hea].[h and sa.tel_y. The Cou~ci] finds and declares the storage, use, sale, transf'ep or possession of Safe and Sane Fireworks presents a hazard to ]_[.['e and property unless reason- ably regulat eu a~.(1 eontro]'Led~ ait:'l a't I;'he present time there J_s no ordinance or regulation :Ln the C~ty of South San Francisco so regular;lng a~d c.o~rtpol, ling th~ szorage, use, sale, transfer or possession of Sa['e and Sane l'irewopks. SECTION IV. PUBI~ICATION Ttnis ordinance shall be published once, as required by law, in i:t~e [h~ter[mise-~Jouprtal, a newspaper of general. circulation l)ub]ished in the City of Sou l;h San rpa~tcisc~:, a~td shall take pi'feel: [mmed].ately upon its adot~tion. il I II Iii Introduced thi-s 15th day of A0ril ,]974. Passed and adopted as an Ordinance of the City of South San Francisco at a regular meet:lng of the City Council of-the City of South San Francisco this 15th Aoril ,1.97~t, by the following vote: day of AYES, COUNCILMEN NOES, ABSENT , " Richard A. Baffaglia, F. Frank tlammini, i'erry J. Mirri. Leo Padreddii , and Warren SteinkamD None None ATTEST: ~ City Cie As Mayor of the City of South San Francisco, I do herey approve ~he foregoing Ordinance this 15th day of April , 197q. Mayor'