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HomeMy WebLinkAboutOrd 848-1981ORDINANCE NO. 848-81 AN ORDINANCE OF THE CITY OF SOUTH SAN FRANCISCO ADOPTING THE UNIFORM FIRE CODE, 1979 EDITION, INCLUDING APPENDICES A THROUGH J, AND THE STANDARDS, PRINCIPLES, TESTS, METHODS, PUBLICATIONS AND SECONDARY CODES REFERRED TO THEREIN OR ADOPTED THEREIN BY REFERENCE: PROVIDING FOR AMENDMENT THERETO, ISSUANCE OF PERMITS AND FEES THEREFOR: AND'REPEAL- ING ORDINANCES 535, 654, 664, 694, 697, 716, 738 AND 746 FOLLOWS: THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES ORDAIN AS SECTION 1. SHORT TITLE. This Ordinance shall be officially known and cited as the "Fire Code Ordinance of the City of South San Francisco." SECTION 2. ADOPTION OF UNIFORM FIRE CODE, 1979 EDITION, WITH THE EXCEPTION OF CERTAIN SUBSECTIONS All of the provisions of the Uniform Fire Code, 1979 Edition (Library of Congress Catalong Number 79-83653) and Appendices A through J therein and the standards, principles, tests, methods, publications and secondary codes therein referred to or adopted by reference, except the following deletions and changes, are hereby adopted and made a part of this Ordinance as though fully set forth herein: Subsection 10.309(b) 2.B. 10.309(b) 2.C. 10.309(b) 2.D. 10.309(b) 6.A. 10.309(b) 6.B. Action Deleted Relettered as 10.309(b) 2.B. Relettered as 10.309(b) 2.C. Deleted Relettered as 10.309(b) 6.A. Three (3) copies of said Uniform Fire Code, certified to be true copies, shall be filed in the Office of the City Clerk in the form and at the times CENTRAL RECORD~ / prescribed by law and kept there for public inspection during the time this Ordinance is in effect, except that after adoption, one of said copies may be kept in the Office of the Chief Enforcement Officer instead of the City Clerk's Office. The City Clerk shall maintain a reasonable supply of copies available for purchase by the public as required by law. SECTION 3. SECTIONS, SUBSECTIONS AND PARTS OF SECTIONS ADDED. The following Sections, Subsections and parts of Sections added which read as hereinafter stated, are hereby adopted and added to said Uniform Fire Code, 1979 Edition, which was adopted by reference in Section 2 of this Ordinance. Section 1 .lO1.1 2.110 4.108 10.307.1 10.309(b)7 78.107 thru 78.116 Addi ti on Section 1 .lO1.1 Section 2.110 Section 4.108 Section 10.307.1 Section 10.309(b)7 Sections 78.107 thru 78.116 1.lO1.1 Establishment of Fire Department. A Fire Department is hereby established in and for the City of South San Francisco. It shall be known as the South San Francisco Fire Depart- ment and shall be referred to herein as "Fire Department." 2.110 Violations and Penalties. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to or in violation of any of the pro- visions of this Ordinance. Any person, firm or corporation violating any of cENTRAL REC~ORD~ the provisions of this code shall be deemed guilty of an infraction, and every person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this code is committed, conducted or permitted; and upon conviction of any such violation, such persons shall be punished as provided in Government Code Section 36900. 4.108 Permit Fees. The City Council shall, by resolution, establish fees for issuance of permits required by this code, except where the code specifically provides for a permit fee; fees contemplated by this Section include those for reproduction of Fire Department Reports, fees for plan checking inspection and testing of automatic fire extinguishing systems, sprinkler systems and other systems, including, but not limited to, range hood and duct systems and stand- pipe systems (including all wet, dry or combination systems). 10.307.1 Fire Alarm Systems. 1. Every new building constructed for single-family and two family occupancy shall have installed therein an approved fire detection product(s) of combustion system. The detector(s) shall be sensitive to any of the products of combustion, except that detectors sensitive only to heat are not acceptable. Alarm signalling devices shall be clearly audible in all bedrooms when all inter- vening doors are closed. The fire detection product(s) of combustion system shall be of the type approved by the Fire Marshal of the State of California. For the purpose of installation and maintenance only the applicable Sections of N.F.P.A. No. 74, "Standard for The Installation, Maintenance and Use of a House Fire Warning System" shall be considered accepted engineering practices. Instal- lation of said fire detection system must have prior approval of the Chief of CENTRAL RECORDS 3. Fi~ ~0 .................. the Fire Department of the City of South San Francisco. 2. Every new building constructed for multi-family residential occupancy, including hotels and motels, shall have installed therein an approved, supervised fire detection product(s) of combustion system in each unit and at the top of each stairway and exitway. The detector(s) shall be sensitive to any of the products of combustion, except that detectors sensitive to heat only are not acceptable. Fire Alarm annunciator panels shall be provided at such locations as required by the Chief of the Fire Department. Alarm signalling devices shall be clearly audible to all occupants of said building. For the purpose of instal- lation and maintenance, only the applicable Sections of N.F.P.A. No. 74, "Standard for The Installation, Maintenance and Use of a House Fire Warning System," shall be considered accepted engineering practices. The installation must have prior approval of the Chief of the Fire Department of the City of South San Francisco. 3. No single-family dwelling or multiple-family occupancy shall be sold, and no structural change or repair of a value in excess of One Thousand Dollars ($1,000) shall be made thereto, unless and until the structure has installed therein an approved fire detection product(s) of combustion system which has been approved by the Fire Marshal of the State of California. The detector(s) shall be sensitive to any of the products of combustion, except that detectors sensitive only to heat are not acceptable. Alarm signalling devices shall be clearly audible in all bedrooms when all intervening doors are closed. For the purpose of installation and maintenance, only the applicable Sections of the N.F.P.A. No. 74, "Standard for The Installation, Maintenance and Use of a Household Fire Warning System," shall be considered acceptable engineering practices. 10.309(b)7 Notwithstanding the provisions of any other Ordinance me CENTRAL RECORDS or code of the City of South San Francisco an approved automatic sprinkler system shall be installed in the following buildings: (1) Buildings or structures having a total floor area of 7,500 square feet or more; or (2) Buildings or structures which are forty (40) feet or more in height (as defined in the Uniform Building Code); or (3) Buildings or structures which are three (3) stories (as defined in the Uniform Building Code) or more, irrespective of height as set forth in (2) above. Definition. 78.107 "Safe and Sane Fireworks," "Fireworks," and "Dangerous Fire- works" shall be as defined by the State Fireworks Law, Division II, Part 2, of the California Health and Safety Code, and said definitions shall govern the con- struction and interpretation of said words as used in this division. Safe and Sane'Fireworks Regulations. 78.108 The regulations 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. 78.109 Permits to sell, possess or transfer Safe and Sane Fireworks in the City of South San Francisco shall be required and obtained in accordance with the procedure hereinafter set forth. A. Applications: Application for permit to sell, possess or transfer Safe and Sane Fireworks in the City of South San Francisco shall be written on the form provided by the City and filed with the Director of Finance on or before Be CENTRAL RECORDS FILE NO. 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 Fee: Non-commercial class permittees (designated Class A) shall pay a fee of Twenty-Five Dollars ($25.00), and commercial class permittees (designated as Classes B and C) shall pay a fee of One Hundred Dollars ($100.00) to the City Clerk when the application is filed. C. Contents of Application: A deposit of security in the sum of One Hundred Dollars ($100.00) for non-commercial class permittees, and the sum of One Hundred Dollars ($100.00) for commercial class permittees shall be filed with the application, the purpose of such deposit being to insure that any building, facility, structure or signs maintained, erected or constructed solely for the purpose for which such permit was issued, including the seasonal sale of fireworks, will be removed with- in three (3) calendar days after the final date permitted by law for such seasonal sales or terms of the permit, whichever event occurs first. Upon the failure to so remove within the period so limited, City or its duly-authorized representa- tive may cause such removal and charge the costs thereof against said security deposit. If the security deposit is insufficient, applicant or permittee shall be liable for an additional cost of removal. Written permission of the owner, lessee or agents thereof of the real property upon which such building, facility, structure and/or signs are located or to be located, consenting to such removal shall be submitted with the application; and if not so submitted, the application shall not be accepted. D. Grant or Denial of Application by Fire Chief: e CENTRAL RECORDS Upon proper application being made therefor in accordance with the State Fireworks Law, the Fire Chief shall have the power in his dis- cretiOn to grant or deny the application, subject to such reasonable conditions, if any, as he shall prescribe. The Fire Chief shall submit a report of his findings to the Director of Finance, and a recommendation for or against the issuance of a permit, together with reasons therefor. E. Number of Permits Allowed: The maximum number of permits to sell Safe and Sane Fire- works which may be issued and operable pursuant to this code during any one calendar year shall not exceed one (1) permit for each three thousand (3,000) residents of the City, or fraction thereof, for non-commercial class permittees, and one (1) permit for each ten thousand (10,000) residents of the City, or fraction thereof, for commercial class permittees, based on the most recent figure designated by the State Department of Finance as the City's population. Applications filed in compliance herewith shall be numbered in order of filing in the non-commercial and commercial class commencing with one (1) and proceeding successively until the priority numbers equal the total number of permits issuable for the respective class. Applications thereafter received shall be placed on a pending list and assigned priority numbers in order of filing should any become available by reason of cancellation of priorities previously assigned. F. Permit Classifications: 1. Non-commercial class permits (designated Class A) shall be issued to non-profit organizations (organized primarily for veterans, patriotic, welfare, civic or charitable purposes as defined by the California Corporations Code and Revenue and Taxation Code) established within the City for a minimum of one (1) year continuously preceding the CENTRAL RECORDS application filing, and having a bona fide membership of at least twenty (20) members and principal meeting place within the City. Commercial class permits (designated as 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 designating 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 for which it is issued. No permit shall be transferable, assignable or renewable. Permits shall be posted in a conspicuous place in the temporary stand and shall be available when called for by any authorized official or inspector. Insurance. 78.110 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 Hundred 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 of 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). Retail Sales Period. 78.111 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 on the 6th of July of the same calendar year. CENTRAL RECORDS FILE , Temporary Fireworks Stands. 78.112 All retail sales of Safe and Sane Fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other build- ing or structure is hereby prohibited. A. No fireworks stand 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 subject to the terms and provisions of the Building Code applicable to the construction of pe~nanent structures or buildings, provided, however, that all such stands are erected in accordance with the regulation~ of the building official. All utilities shall be installed and maintained in accordance with the Building Code and related codes. Prior to construction, approval shall be obtained from the Department of Public Services, Police and Fire Departments of the City of South San Francisco. C. No stand shall have a floor area in excess of four hundred (400) square feet. D. Stands shall be provided with at least 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 (2) exits meeting the foregoing requirements. E. Each sales stand shall be provided with one (1) 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. CENTRAL RECORDS 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 con- structed in such a manner that all items displayed are under glass or other material approved by the Fire Chief. General Requirement. 78.113 The following general requirements shall apply: A. All 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. C. Sales stands containing fireworks shall be supervised at all times during the time that t~e 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. All 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 in 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" 10. CENTRAL RECORDS FILE NO.: .............................. · 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. 78.114 No person under eighteen (18) years of age shall be permitted in the sales stand. Sales Restricted to Minors. 78.115 No fireworks shall be sold to any person under sixteen (16) years of age unless accompanied by an adult. Legible signs indicating that sales are not permitted to persons under sixteen (16) years of age shall be posted conspicuously on all fireworks sales stands. Instructions on Safe Handling and Discharge. 78.116 Instructions on the safe handling and discharge of fireworks shall be distributed to every person purchasing fireworks. Said instructions shall be approved by the Fire Marshal prior to the issuance of a retail sales permit. SECTION 4. SEVERABILITY. If any section, subsection, phrase or clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase and clause thereof irrespective of the fact that any one or more sections, subsections, clauses or phrases be declared unconstitutional. SECTION 5. REPEAL OF PRIOR ORDINANCES. The following Ordinances are hereby repealed, except that this repeal 11. CENTRAL RECORDS shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Ordinance hereby repealed prior to the effective date of this Ordinance adopting the Uniform Fire Code, 1979 Edition: Ordinance No. 535, entitled "An Ordinance of the City of South San San Francisco Creating and Establishing a Fire District and Desig- nating Zones Therein Within the City of South San Francisco; and Repealing Ordinance No. 136," adopted September 20, 1965. Ordinance no. 654, entitled "An Ordinance Adopting the Uniform Fire Code - 1973 Edition, Including Appendices A, B, C, D, and E, and the Standards, Principles, Tests, Methods, Publications and Secondary Codes Therein Referred to or Adopted by Reference; Providing for Amendment Thereto, Issuance of Permits and Fees Therefor; and Repeal- ing Ordinance 601 and Other Ordinances,"adopted November 5, 1973. Ordinance No. 664, entitled "An Ordinance Amending the Uniform Fire Code - 1973 Edition, to Add Thereto Division II, "Safe and Sane Fireworks," adopted April 15, 1974. Ordinance No. 697, entitled "An Ordinance Amending the Uniform Fire Code - 1973 Edition (Section 13.301(d) As Amended," adopted October 15, 1975. Ordinance No. 716, entitled "An Ordinance Amending the Uniform Fire Code - 1973 Edition (Section 13.301(d) As Amended," adopted November 17, 1976. Ordinance No. 738, entitled "An Ordinance Amending Division II, Article 12 of the Uniform Fire Code, 1973 Edition (Safe and Sane Fireworks)," adopted June 22, 1977. Ordinance No. 746, entitled "An Ordinance Amending the Uniform Fire Code - 1973 Edition, Adopted by Ordinance 654 on November 5, 1963, As Amended, Adding Thereto Section 13.307(e) - Fire Alarm Systems," adopted November 2, 1977. SECTION 6. PUBLICATION AND EFFECTIVE DATE. This Ordinance shall be published once in the Enterprise-Journal, a newspaper of general circulation in the City of South San Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption. 12. CENTRAL RgCORD~ Introduced this 4th day of March , 1981. Francisco this Passed and adopted as an Ordinance of the City of South San Francisco at regular meeting of the City Council of the City of South San 18th day of March , 1981, by the following vote: AYES: NOES: Councilmen Ronald G. Acosta, Mark N. Addiego, Emanuele N. Damonte, Gus Nicolopulos; and Councilwoman Roberta Cerri Teglia None ABSENT: None ATTEST: City C1 e)rk~ As Mayor of the City of South San Francisco, I do hereby approve the fore- going Ordinance this 18th day of March , 1981. Mayor 13.