HomeMy WebLinkAboutORD NO 4739ORDINANCE NO. 4739
AN ORDINANCE AMMENDING CHAPTER 15.65 OF THE
BAKERSFIELD MUNICIPAL CODE ADOPTING THE 2013
EDITION OF THE CALIFORNIA FIRE CODE.
WHEREAS, the 2013 edition of the California Fire Code regulates and
governs the safeguarding of life and property from fire and explosion
hazards arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to life or
property in the occupancy of buildings and premises, provides for the
issuance of permits and collection of fees therefor; and
WHEREAS, the City of Bakersfield desires to adopt the California Fire
Code (CFC), 2013 edition, with amendments necessary to meet local
conditions; and
WHEREAS, the local amendments to the CFC are necessary due to
local geologic, climatic and topographical conditions which exist in the
City of Bakersfield which include conditions conducive to steep terrain,
extremely high temperatures and dry conditions in the summer and extremely
poor visibility due to Tule fog conditions in the winter; and
WHEREAS, the City of Bakersfield is situated in the southern San Joaquin
Valley which is surrounded by the Sierra Nevada Mountains on the east, the
Coastal Range on the west, and the Tehachapi Mountains on the south and
is subject to periodic seismic activity from earthquake faults associated with
those geologic features; and
WHEREAS, the City of Bakersfield typically exceeds temperatures of 90 °F
during the summer months of June, July, August, and September and during the
winter months typically experiences a high percentage of poor visibility days
from zero visibility to 300 feet; and
WHEREAS, the high temperatures, along with dangerously low humidity in
the summer, account for the extremely dry conditions related to fire spread
and ignitability of fuel and the low visibility in the winter accounts for slower
than normal responses and a slower than normal call for additional alarms
when needed; and
WHEREAS, the Bakersfield Fire Department has a basic engine
company staffing level of three and this is considered the minimal response
level for a structure response team based on OSHA regulations pertaining �aKF
to "2 -in, 2 -out" rules, an additional time restraint may yield increased
r
r
Page 1 of 21 Pages
ORIGINAL
property damage averages with the end result being a faster fire spread
and greater fire intensity in the summer and the potential for the same
results for fires in the winter with potential slower response times; and
WHEREAS, if the within ordinance is not adopted the City will automatically,
by operation of law, be required to abide by the California Fire Code
(CFC), without the amendments necessary to govern conditions unique to the
City of Bakersfield; and
WHEREAS, the failure to adopt such amendments as set forth in the
within ordinance will cause great hardship in regulating fire protection
aspects unique to the City of Bakersfield and thereby threaten the
preservation of the public peace, health, and safety; and
WHEREAS, the City Council does expressly find and determine that the
changes and modifications to the 2013 CFC are reasonably necessary
because of local geologic, climatic, and topographic conditions.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
SECTION 1.
Chapter 15.65 of the Bakersfield Municipal Code is hereby
amended to read as follows:
Chapter 15.65 CALIFORNIA FIRE CODE*
1. Adoption
15.65.010 Adoption of California Fire Code, 2013 Edition, and
Appendices - amended
2. Deletions, Additions and Modifications
15.65.020 Section 101.1 Title - amended
15.65.030 Section 102.2.1 Operational authority - added
15.65.040 Section 103 Prevention Services Division - amended
15.65.045 Section 103.1 General - amended
15.65.050 Section 104.10 Fire investigations - amended
15.65.060 Section 104.12 Fire zones — added
Page 2 of 21 Pages
rn
V r
C7
ORIGINAL
15.65.070 Section 104.13 Firearms —added
15.65.080 Section 105.6 Required operational permits — deleted
sections
105.6.1,
105.6.3,
105.6.5,
105.6.6,
105.6.7,
105.6.11
105.6.12,
105.6.13,
105.6.15,
105.6.16
105.6.17,
105.6.18,
105.6.19,
105.6.21,
105.6.22,
105.6.23,
105.6.24,
105.6.25,
105.6.27,
105.6.28,
105.6.31,
105.6.32,
105.6.33,
105.6.34,
105.6.35,
105.6.37,
105.6.38,
105.6.39,
105.6.40,
105.6.42,
105.6.44,
105.6.45,
and 105.6.46;
added sections 105.6.14.1 and 105.6.29.1;
amended sections 105.6.8, 105.6.10, 105.6.14, 105.6.20, and 105.6.29
15.65.090 Section 105.7.1 Automatic fire - extinguishing systems - amended
15.65.100 Section 105.7.6 Fire alarm and defection systems and
related equipment — amended
15.65.110 Section 108.3 Qualifications -amended
15.65.120 Section 109.3.3 Prosecution of violations - amended
15.65.125 Section 109.3.3.1 Administrative hearings - added
15.65.130 Section 109.4 Violation penalties - amended
15.65.140 Section 111.4 Failure to comply - amended
15.65.150 Section 114 Pipeline setbacks - added
15.65.160 Section 115 Local amendments — added
15.65.170 Appendix D, Section D103.2 Grade — amended
15.65.180 Appendix D, Section D103.3 Turning radius — amended
15.65.190 Appendix D, Section D103.5 Fire apparatus access road
gates - amended
3. Geographic limits on flammable storage
15.65.200 Section 5806.2 - amended
Page 3 of 21 Pages
o``gAK, 9q
P
� m
v o
ORIGINAL
15.65.210 Section 5704.2.9.6.1 -amended 15.65.220
Section 5706.2.4.4 - amended
15.65.230 Section 6104.2 - amended
* Prior history: Prior code sections 14.01.010, 14.01.015, 14.08.010,
14.08.020, 14.08.040, 14.08.050, 14.12.010, 14.12.020, 14.12.030,
14.12.040, 14.16.020, 14.16.030, 14.20.010, 14.20.020. Ordinances 2610,
2758, 2769, 2786, 2909, 3048, 3232, 3319, 3696, 4107, 4195, 4474, 4636, 4656.
1. Adoption.
15.65.010 Adoption of the California Fire Code, 2013 Edition
Except as hereinafter modified, that certain document, three copies of
which are on file in the office of the City Clerk and Ex Officio of the
Council of the City of Bakersfield being marked and designated as the
California Fire Code, 2013 edition, including Appendix Chapter 4, and
Appendices B,BB,C,CC,D,E,F,G,H,I,J and K as published by the International
Code Council, be and is hereby adopted as the Fire Code of the City of
Bakersfield, in the State of California, regulating and governing the safeguarding
of life and property from fire and explosion hazards arising from the storage,
handling and use of hazardous substances, materials and devices, and from
conditions hazardous to life or property in the occupancy of buildings and
premises as herein provided; providing for the issuance of permits and
collection of fees therefor; and each and all of the regulations,
provisions, penalties, conditions and terms of said Fire Code on file in the
office of the City Clerk are hereby referred to, adopted, and made a part
hereof, as if fully set out in this ordinance, with the additions, insertions,
deletions and changes, if any, prescribed in Section 2 of this ordinance.
2. Deletions, Additions and Modifications.
15.65.020 Section 101.1 Title - Amended.
101.1 Title. These regulations shall be known as the fire code of the City of
Bakersfield, herein after referred to as "this code."
15.65.030 Section 102.2.1 Operational authority— Added.
Section 102.2.1 Operational Authority, is added to read as follows:
102.2.1 Operational Authority. The fire code shall be enforced by the fire
agency with jurisdictional responsibility for the area as defined in the current
memorandum of understanding between the City of Bakersfield and the County
of Kern. Such enforcement shall be under the supervision of the chief of the fire
department within such jurisdictional responsibility who shall detail or direct
members of that agency's fire department in the enforcement of the fire code. � bNKF9
Page 4 of 21 Pages
o sll
t7 Q
ORIGINAL
15.65.040 Section 103 Prevention Services Division — Amended.
Section 103 of the Fire Code, Department of Fire Prevention, is amended to read
as follows:
Section 103 Prevention Services Division.
15.65.045 Section 103.1 General— Amended.
Section 103.1 of the Fire Code, General, is amended to read as follows:
103.1 General. The prevention services division is established within the
jurisdiction under the direction of the fire code official. The function of the
division shall be the implementation, administration and enforcement of the
provisions of this code as well as the provisions of the California Health and
Safety Code and California Code of Regulations related to the Certified Unified
Program Agency (CUPA).
15.65.050 Section 104.10 Fire Investigations— Amended.
Section 104.10 of the Fire Code, Fire Investigations, is amended to read as
follows:
104.10 Fire Investigations. The arson investigation division shall have the authority
to investigate the cause, origin and circumstances of any fire, explosion or other
hazardous condition. Information that could be related to trade secrets or
processes shall not be made part of the public record except as directed by a
court of law.
15.65.060 Section 104.12 Fire Zones — Added.
Section 104.12 of the Fire Code, Fire Zones, is added to read as follows:
104.12 Fire Zones. Areas of the City of Bakersfield which represent residential
and commercial designations, according to the City of Bakersfield planning
department zoning map, will be limited in the storage of flammable and
combustible liquids as well as explosive and blasting agents. As follows:
A. Dispensing of fuel from an approved above ground storage tank shall be
limited to two thousand gallons.
B. All storage of blasting agents is prohibited in these areas.
15.65.070 Section 104.13 Firearms — Added.
Section 104.13 of the Fire Code, Firearms, is added to read as follows:
o``gAKF9.,,
s
Page 5 of 21 Pages o
ORIGINAL
104.13 Firearms. Members of the fire department assigned to the arson
investigation division and the deputy fire chief assigned as fire marshal are
authorized to carry a loaded firearm on their person when acting as peace
officers as defined in Section 830.37 of the California Penal Code, upon the
written approval of the fire chief.
15.65.080 Section 105.6 Required Operational Permits — Amended — Portions
deleted.
105.6 Required Operational Permits. The fire code official is authorized to issue
operational permits for the operations set forth in Sections 105.6.1 through
105.6.46.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.1 Aerosol products.
105.6.2 Amusement buildings. An operational permit is required to operate a
special amusement building.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.3 Aviation facilities.
105.6.4 Carnivals and fairs. An operational permit is required to conduct a
carnival or fair.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.5 Cellulose nitrate film.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.6 Combustible dust producing operations.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.7 Combustible fibers.
Section 105.6.8 of the Fire Code, Compressed Gases, is amended to read as
follows:
105.6.8 Compressed Gases. An operational permit is required for the storage,
use or handling at normal temperature and pressure (NTP) of compressed gases
in excess of the amounts listed in Table 105.6.8.
Exception: Vehicles equipped for and using compressed gas as a fuel for
propelling the vehicle.
Page 6 of 21 Pages
o��AK�9J'
y
� m
r
U p
ORIGINAL
TABLE 105.6.8
PERMIT AMOUNTS FOR COMPRESSED GASES
For SI: One cubic foot = 0.02832 m3.
105.6.9 Covered and open mall buildings. An operational permit is required for:
1. The placement of retail fixtures and displays, concession equipment,
displays of highly combustible goods and similar items in the mall.
2. The display of liquid- or gas -fired equipment in the mall.
3. The use of open -flame or flame - producing equipment in the mall.
Section 105.6.10 of the Fire Code, Cryogenic Fluids is amended to read as
follows:
105.6.10 Cryogenic Fluids. An operational permit is required to produce, store,
transport on site, use, handle or dispense cryogenic fluids in excess of the
amounts listed in Table 105.6.10 or Chapter 6.95 of the California Health and
Safety Code at Normal Temperature and Pressure (NTP).
Exception: Permits are not required for vehicles equipped for and using
cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.
Page 7 of 21 Pages
o``gAKF9�
� m
v r,
ORIGINAL
AMOUNT
TYPE OF GAS
(cubic
feet at
NTP
Corrosive
200
Flammable (except
200
cryogenic fluids and
liquefied petroleum
gases)
Highly toxic
Any
Amount
Inert and simple
1,000
asphyxiant
Oxidizing (including
200
oxygen
Pyrophoric
Any
Amount
Toxic
Any
Amount
For SI: One cubic foot = 0.02832 m3.
105.6.9 Covered and open mall buildings. An operational permit is required for:
1. The placement of retail fixtures and displays, concession equipment,
displays of highly combustible goods and similar items in the mall.
2. The display of liquid- or gas -fired equipment in the mall.
3. The use of open -flame or flame - producing equipment in the mall.
Section 105.6.10 of the Fire Code, Cryogenic Fluids is amended to read as
follows:
105.6.10 Cryogenic Fluids. An operational permit is required to produce, store,
transport on site, use, handle or dispense cryogenic fluids in excess of the
amounts listed in Table 105.6.10 or Chapter 6.95 of the California Health and
Safety Code at Normal Temperature and Pressure (NTP).
Exception: Permits are not required for vehicles equipped for and using
cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading.
Page 7 of 21 Pages
o``gAKF9�
� m
v r,
ORIGINAL
TABLE 105.6.10
PERMIT AMOUNTS FOR CRYOGENIC
FLUIDS
TYPE OF
INSIDE
OUTSIDE
CRYOGENIC
BUILDING
BUILDING
FLUID
(gallons)
(gallons)
Flammable
More
60
than 1
Inert
60
500
Oxidizing
10
50
(includes
oxygen)
Physical or
Any
Any
health
Amount
Amount
hazard not
indicated
above
For SI: One gallon = 3.785 L
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.11 Cutting and welding.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.12 Dry cleaning plants.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.13 Exhibits and trade shows.
105.6.14 Explosives. An operational permit is required for the manufacture,
storage, handling, sale or use of any quantity of explosives, explosive materials,
fireworks or pyrotechnic special effects within the scope of Chapter 56.
Exception: Storage in Group R -3 occupancies of smokeless propellant, black
powder and small arms primers for personal use, not for resale and in
accordance with California Code of Regulations, Title 19, Division 1, Chapter 10.
Section 105.6.14.1 of the Fire Code, Fireworks, is added to read as follows:
105.6.14.1 Fireworks. An operational permit is required for the sale and use of
safe and sane fireworks pursuant to Chapter 8.44 of the Bakersfield Municipal
Code.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.15 Fire hydrants and valves.
Page 8 of 21 Pages
O�'�IAK'6 c9
� m
v o
ORIGINAL.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.16 Flammable and combustible liquids.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.17 Floor finishing.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.18 Fruit and crop ripening.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.19 Fumigation and insecticidal fogging.
Section 105.6.20 of the fire code is amended to read as follows:
105.6.20 Hazardous materials. An operational permit is required to store,
transport on site, dispense, use or handle hazardous materials in excess of the
amounts listed in Table 105.6.20 of this code, or pursuant to Chapter 6.11 of the
California Health and Safety Code, or for any amount of hazardous waste.
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS
MATERIALS
TYPE OF MATERIAL
AMOUNT
Combustible liquids
See Section
105.6.16
Corrosive materials
Gases
See Section
105.6.8
Liquids
55 gallons
Solids
500 pounds
Explosive materials
See Section
105.6.14
Flammable
materials
Gases
See Section
105.6.8
Liquids
See Section
105.6.16
Solids
100 pounds
Highly toxic
materials
Gases
See Section
105.6.8
Liquids
Any Amount
Solids
Any Amount
Page 9 of 21 Pages
AKeg
o
1
� m
V p
ORIGINAL.
TYPE OF MATERIAL
AMOUNT
Oxidizing materials
Gases
See Section
105.6.8
Liquids
Class 4
Any Amount
Class 3
1 gallona
Class 2
10 gallons
Class 1
55 gallons
Solids
Class 4
Any Amount
Class 3
10 poundsb
Class 2
100 pounds
Class 1
500 pounds
Organic peroxides
Liquids
Class I
Any Amount
Class II
Any Amount
Class III
1 gallon
Class IV
2 gallons
Class V
No Permit
Required
Solids
Class I
Any Amount
Class II
Any Amount
Class III
10 pounds
Class IV
20 pounds
Class V
No Permit
Required
Pyrophoric materials
Gases
Any Amount
Liquids
Any Amount
Solids
Any Amount
Toxic materials
Gases
See Section
105.6.8
Liquids
10 gallons
Solids
100 pounds
Unstable (reactive)
materials
Liquids
Class 4
Any Amount
Class 3
Any Amount
Class 2
5 gallons
Class 1
10 gallons
Page 10 of 21 Pages
►-. m
v
ORIGINAL
TYPE OF MATERIAL
AMOUNT
Solids
Class 4
Any Amount
Class 3
Any Amount
Class 2
50 pounds
Class 1
100 pounds
Water- reactive
materials
Liquids
Class 3
Any Amount
Class 2
5 gallons
Class 1
55 gallons
Solids
Class 3
Any Amount
Class 2
50 pounds
Class 1
500 pounds
For SI: One gallon = 3.785 L, One pound = 0.454 kg.
a. Twenty gallons when Table 5003.1.1 (1) Note k applies and hazard
identification signs in accordance with Section 5003.5 are provided for
quantities of twenty gallons or less.
b. Two hundred pounds when Table 5003.1.1 (1) Note k applies and hazard
identification signs in accordance with Section 5003.5 are provided for
quantities of two hundred pounds or less.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.21 HPM facilities.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.22 High piled storage.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.23 Hot work operations.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.24 Industrial ovens.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.25 Lumberyards and woodworking plants.
105.6.26 Liquid- or gas - fueled vehicles or equipment in assembly buildings. An
operational permit is required to display, operate or demonstrate liquid- or gas -
fueled vehicles or equipment in assembly buildings.
s
Page 1 1 of 21 Pages
CD
ORIGINAL
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.27 LP gas.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.28 Magnesium.
Section 105.6.29 of the Fire Code, Miscellaneous Combustible Storage, is
amended to read as follows:
105.6.29 Miscellaneous Combustible Storage. An operational permit is required
to store in any building or upon any premises in excess of two thousand five
hundred (2,500) cubic feet (71 m3) gross volume of combustible empty packing
cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar
combustible material.
Section 105.6.29.1 of the Fire Code, Oil Wells, is added to read as follows:
105.6.29.1 Oil Wells. An operational permit is required to own, operate, maintain
or drill an oil or natural gas well. The application for a permit to drill a well shall
be accompanied by a plot plan drawn to scale or with dimensions showing all
buildings and improvements within a radius of three hundred feet of the exact
location of the proposed wellhead. The permit for any new well shall be issued
only after it has been determined by field inspectors or by other means that
such location for a well complies with the provisions of this code. Such
determinations shall be made within a period of five days.
105.6.30 Open Burning. An operational permit is required for the kindling or
maintaining of an open fire or a fire on any public street, alley, road, or other
public or private ground. Instructions and stipulations of the permit shall be
adhered to. Exception: Recreational fires.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.31 Open flames and torches.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.32 Open flames and candles.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.33 Organic coatings.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.34 Places of assembly.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.35 Private fire hydrants.
o``gAKF9."
s
Page 12 of 21 Pages R'
U O
ORIGINAL
105.6.36 Pyrotechnic Special Effects Material. An operational permit is required
for use and handling of pyrotechnic special effects material.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.37 Pyroxylin plastics.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.38 Refrigeration equipment.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.39 Repair garages and motor fuel dispensing facilities.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.40 Rooftop heliports.
105.6.41 Spraying or Dipping. An operational permit is required to conduct a
spraying or dipping operation utilizing flammable or combustible liquids or the
application of combustible powders regulated by Chapter 24.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.42 Storage of scrap tires and tire byproducts.
105.6.43 Temporary Membrane Structures, Tents and Canopies. An operational
permit is required to operate an air - supported temporary membrane structure or
a tent having an area in excess of two hundred square feet (19 m2), or a
canopy in excess of four hundred square feet (37 m2).
Exceptions:
1. Tents used exclusively for recreational camping purposes.
2. Fabric canopies open on all sides which comply with all of the following:
2.1. Individual canopies having a maximum size of seven hundred square feet
(65M2).
2.2. The aggregate area of multiple canopies placed side by side without a
fire break clearance of not less than twelve feet (3,658 mm) shall not exceed
seven hundred square feet (65 m2) total.
2.3. A minimum clearance of twelve feet (3,658 mm) to structures and other
tents shall be provided.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.44 Tire rebuilding plants.
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.45 Waste handling.
o``gAKF9�
1
Page 13 of 21 Pages ' m
v o
ORIGINAL
The following section of the fire code is not adopted as part of this chapter and
is deleted: 105.6.46 Wood products.
105.6.47 Additional Permits. In addition to the permits required by Section 105.6,
the following permits shall be obtained from the prevention services division prior
to engaging in the following activities, operations, practices or functions:
1. Production Facilities. To change use or occupancy, or allow the
attendance of a live audience, or for wrap parties.
2. Pyrotechnics and Special Effects. To use pyrotechnic special effects, open
flame, use of flammable or combustible liquids and gases, welding, and the
parking of motor vehicles in any building or location used for the purpose of
motion picture, television and commercial production.
3. Live Audiences. To install seating arrangements for live audiences in
approved production facilities, production studios and sound stages. See
Chapter 48.
15.65.090 Section 105.7.1 Automatic Fire - extinguishing Systems— Amended.
Section 105.7.1 of the Fire Code, Automatic Fire - extinguishing Systems is
amended to read as follows:
105.7.1 Automatic Fire - extinguishing Systems. A construction permit is required
for installation of or modification to an automatic fire - extinguishing system.
Maintenance performed in accordance with this code is not considered a
modification and does not require a permit. In buildings where a fully automatic
sprinkler protection system exists, and where said buildings undergo remodeling
and /or alterations or additions, the automatic sprinkler system shall be kept in
good operable condition and be extended to include additions, area
separation walls notwithstanding. In buildings where an automatic sprinkler
system does not exist, and the floor area is increased twenty -five percent or
more, throughout the life of the building, and the area exceeds ten thousand
square feet, before or after the addition, an automatic sprinkler system shall be
installed throughout the total building.
15.65.100 Section 105.7.6 Fire Alarm and Detection Systems and Related
Equipment— Amended.
Section 105.7.6 of the Fire Code, Fire Alarm and Detection Systems and Related
Equipment is amended to read as follows:
105.7.6 Fire Alarm and Detection Systems and Related Equipment. A
construction permit is required for installation of or modification to fire alarm and
detection systems and related equipment. Maintenance performed in
accordance with this code is not considered a modification and does not
require a permit. The fire code official shall require an approved automatic fire o <,�6AKF9s
P1
Page 14 of 21 Pages
ORIGINAL
alarm system be installed in any occupancy with an occupant load of three
hundred or more or one hundred or more sprinkler heads as an "other
requirement" pursuant to Section 907.2 of this code.
15.65.110 Section 108.3 Qualifications— Amended.
Section 108.3 of the Fire Code, Qualifications is amended to read as follows:
108.3 Qualifications. The board of building and housing appeals for the City shall
be designated as the board of appeals referred to in this code.
15.65.120 Section 109.3.3 Prosecution of Violations— Amended.
Section 109.3.3 of the Fire Code, Prosecution of violations is amended to read as
follows:
109.2.3 Prosecution of Violations. When the chief finds any buildings, premises,
vehicle, storage facility or outdoor area that is in violation of this code, the chief
is authorized to issue administrative compliance orders requiring that the
violation be corrected and imposing an administrative penalty, in accordance
with the following:
1. In establishing a penalty amount and ordering that the violation be
corrected pursuant to this section the chief shall take into consideration the
nature, circumstances, extent, and gravity of the violation, the violator's past
and present efforts to prevent, abate, or clean up conditions posing a threat to
the public health or fire safety or the environment, the violator's ability to pay
the penalty, and the deterrent effect that the imposition of the penalty would
have on both the violator and the regulated community.
2. All administrative penalties collected from actions brought by the chief
pursuant to this section shall be deposited into a special account that shall be
expended to fund the activities of the prevention services division in enforcing
this code.
3. The chief shall consult with the district attorney, county counsel, or city
attorney on the development of policies to be followed in exercising the
authority delegated pursuant to this section as it relates to the authority of the
chief to issue orders.
Exception: This section does not do any of the following:
1. Otherwise affect the authority of the chief to take any other action
authorized by any other provision of law, except the chief shall not require a
person to pay a penalty pursuant to this section and pursuant to a local
ordinance for the same violation.
2. Restrict the power of a city attorney, district attorney, county counsel, or
the Attorney General to bring, in the name of the people of California, any
criminal proceeding otherwise authorized by law.
�gAKF9
o sT
Page 15 of 21 Pages n
L) o
ORIGINAL.
3. Prevent the chief from cooperating with or participating in a proceeding
specified in paragraph (2).
15.65.125 Section 109.3.3.1 Administrative Hearings— Added.
Section 109.3.3.1 of the Fire Code, Administrative Hearings is added to read as
follows:
Section 109.3.3.1 Administrative Hearings. Any person served with an order
pursuant to Section 109.3.3 who has been unable to resolve any violation with
the prevention services division, may within fifteen days after service of the
order, request a hearing pursuant to this section by filing with the chief a notice
of defense. The notice shall be filed with the prevention services office that
issued the order. A notice of defense shall be deemed filed within the fifteen -
day period provided by this section if it is postmarked within that fifteen -day
period. If no notice of defense is filed within the time limits provided by this
subdivision, the order shall become final.
The hearing decision issued pursuant to this section shall be effective and final
upon issuance by the chief. A copy of the decision shall be served by personal
service or by certified mail upon the party served with the order, or their
representative, if any.
Any provision of an order issued under this section, except the imposition of an
administrative penalty, shall take effect upon issuance by the chief if the chief
finds that the violation or violations of law associated with that provision may
pose an imminent and substantial endangerment to the public health or safety
or the environment. A request for a hearing shall not stay the effect of that
provision of the order pending a hearing decision. However, if the chief
determines that any or all provisions of the order are so related that the public
health or safety or the environment can be protected only by immediate
compliance with the order as a whole, the order as a whole, except the
imposition of an administrative penalty, shall take effect upon issuance by the
chief. A request for a hearing shall not stay the effect of the order as a whole
pending a hearing decision.
A decision issued pursuant to this section may be reviewed by a court pursuant
to Section 11523 of the Government Code. In all proceedings pursuant to this
section, the court shall uphold the decision of the chief if the decision is based
upon substantial evidence in the record as a whole. The filing of a petition for
writ of mandate shall not stay any action required pursuant to Section 109.2.3 or
the accrual of any penalties assessed. This subdivision does not prohibit the court
from granting any appropriate relief within its jurisdiction.
Page 16 of 21 Pages
o``�AKF9.
s
F' r
v o
ORIGINAL
15.65.130 Section 109.4 Violation Penalties— Amended.
Section 109.4 of the Fire Code, Violation Penalties is amended to read as follows:
109.4 Violation Penalties. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect,
install, alter, repair or do work in violation of the approved construction
documents or directive of the fire code official, or of a permit or certificate used
under provisions of this code, shall be guilty of a misdemeanor, punishable by a
fine of not more than one thousand five hundred dollars or by imprisonment not
exceeding six months, or both such fine and imprisonment. Each day that a
violation continues after due notice has been served shall be deemed a
separate offense.
15.65.140 Section 111.4 Failure to Comply— Amended.
Section 111.4 of the Fire Code, Failure to Comply is amended to read as follows:
111.4 Failure to Comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be liable to a fine of
not less than one hundred fifty dollars or more than one thousand five hundred
dollars.
15.65.150 Section 114 Pipeline Setbacks — Added.
Section 114 of the Fire Code, Pipeline Setbacks is added to read as follows:
114 Pipeline Setbacks.
114.1 Pipeline setbacks. For purposes of this section "high pressure transmission
line" is a natural gas pipeline operating at two hundred and fifty pounds per
square inch or greater. A gas main or transmission line is a natural gas pipeline
operating at sixty pounds per square inch or less.
114.2 No habitable portion of a structure may be built within fifty feet of a high
pressure transmission line with thirty -six inches of cover.
114.3 No structure may be built within forty feet of a hazardous liquid pipeline
bearing refined product, with forty -eight inches or more of cover.
114.4 No habitable portion of a structure may be built within thirty feet of a
crude oil pipeline operating at twenty percent or greater of its design strength.
Page 17 of 21 Pages
gAKFq
U O
ORIGINAL.
15.65.160 Section 115 — Added.
Section 115 of the Fire Code, Local amendments to this Code is added to read
as follows:
115 Local Amendments to this Code.
115.1 Fire Area. For the purpose of this code, where the condition of "The fire
area exceeds twelve thousand square feet (11 15 m2)" appears within Section
903.2 et seq., of this code, it shall be amended to read "The fire area exceeds
ten thousand square feet (892 m2) including, but not limited to B occupancies.
Exception: Group R Occupancies.
15.65.170 Appendix D, Section D 103.2 Grade — Amended.
Section D103.2 of the Fire Code, Grade is amended to read as follows:
D103.2 Grade. Fire apparatus roads shall not exceed seven percent in grade.
Exception: Grades steeper than seven percent as approved by the chief.
15.65.180 Appendix D, Section D103.3 Turning Radius — Amended.
Section D103.3 of the Fire Code, Turning radius is amended to read as follows:
D103.3 Turning radius. The minimum turning radius shall be thirty -seven feet.
15.65.190 Appendix D, Section D103.5 Fire Apparatus Access Road Gates —
Amended.
Section D103.5 of the Fire Code, Fire Apparatus Access Road Gates is amended
to read as follows:
D103.5 Fire Apparatus Access Road Gates. Gates securing the fire apparatus
roads shall comply with all of the following criteria:
1. The minimum gate width shall be twenty feet (6,096 mm) and a minimum
vertical clearance of thirteen feet six inches is required when the gate is at full
open position. Where there is more than one gate and two or more driveways
separated by islands, a minimum horizontal clearance of fifteen feet for each
driveway and a minimum vertical clearance of thirteen feet six inches is required
when gates are at full open position. Horizontal distance shall be measured
perpendicular to the direction of travel on the driveway. Vertical distance shall
be measured from the highest elevation of the driveway to the lowest overhead
obstruction.
2. Gates shall be of the swinging or sliding type.
Page 18 of 21 Pages
s
� r
v O
ORIGINAL_
3. Construction of gates shall be of materials that allow manual operation by
one person.
4. Gate components shall be maintained in an operative condition at all
times and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire
department personnel for emergency access. Emergency opening devices shall
be approved by the fire code official. All new construction of access gates shall
be equipped with an automatic opening device which is activated through the
wireless activation system utilized on City of Bakersfield owned vehicles for traffic
preemption. Installation and maintenance of the wireless activation system on
access gate(s) shall be completed by the gate owner. The gate opening
device shall have a disconnect feature for manual operation of the gate when
the power fails.
6. Manual opening gates shall not be locked with a padlock or chain and
padlock unless they are capable of being opened by means of forcible entry
tools or when a key box containing the key(s) to the lock is installed at the gate
location.
7. Locking device specifications shall be submitted for approval by the fire
code official.
8. A minimum driveway length to the gate from the flow line of the public
street shall be fifty feet for developments of twenty units or less. For each
increment of twenty units thereafter, an additional twenty feet of storage length
for waiting vehicles shall be added to the driveway length.
9. Driveway turn radii shall be the same as for fire lanes as set forth in Section
D 103.3 of this code.
III. Geographic Limits on Flammable Storage
15.65.195 Geographic limits.
The geographic limits referred to in certain sections of the 2013 California Fire
Code are established as follows.
15.65.200 Section 5806.2 - Amended
Section 5806.2 of the Fire Code, Geographical Limits on Flammable Cryrogenic
Fluids Storage is amended to read as follows:
Section 5806.2 (Geographic limits in which the storage of flammable cryogenic
fluids in stationary containers is prohibited): areas of the City of Bakersfield which
represent residential and commercial designations according to the City of
Bakersfield planning department zoning map.
15.65.210 Section 5704.2.9.6.1 - Amended
Section 5704.2.9.6.1 (Geographic limits in which the storage of Class I and Class II
liquids in above - ground tanks outside of buildings is prohibited): areas of the City �aKF
Page 19 of 21 Pages
U O
ORIGINAL.
of Bakersfield which represent residential and commercial designations
according to the City of Bakersfield planning department zoning map will be
limited in the storage of flammable and combustible liquids as follows:
A. Dispensing of fuel from an approved above ground storage
tank shall be limited to two thousand (2,000) gallons tank
capacity.
15.65.220 Section 5706.2.4.4 - Amended
Section 5706.2.4.4 (Geographic limits in which the storage of Class I and Class II
liquids in above - ground tanks is prohibited): areas of the City of Bakersfield
which represent residential and commercial designations according to the City
of Bakersfield planning department zoning map will be limited in the storage of
flammable and combustible liquids as follows:
A. Dispensing of fuel from an approved above ground storage
tank shall be limited to two thousand (2,000) gallons tank
capacity.
15.65.230 Section 6104.2- Amended
Section 6104.2 (Geographic limits in which the storage of liquefied petroleum
gas is restricted for the protection of heavily populated or congested areas):
areas of the City of Bakersfield which represent residential and commercial
designations according to the City of Bakersfield planning department zoning
map will be limited in the storage of liquefied petroleum gases.
SECTION 2.
If any section, subsection, sentence, clause or phrase 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 Council of
the City of Bakersfield hereby declares that it would have passed this
ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional.
SECTION 3.
This Ordinance shall be posted in accordance with the provisions
of the Bakersfield Municipal Code and shall become effective thirty (30)
days from and after the date of its passage.
1507010M
o``0AKF9s
Page 20 of 21 Pages
r
L) o
ORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
•heNOV y�glf f the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AY
ES:
ADS14IN
ARSE
APPROVED:
0
COUNCILMEMBER RIVERA, MAXWELL, SMITH, HANSON, SULLIVAN, JOHNSON
COUNCILMEMBER 1060" .
COUNCILMEMBER V-%a ,
COUNCILMEMBER %-A 1eA1(
ROBERTA GAFFORD, CMC
CITY CLERK and EX OFFICIO Clerk of the
Council of the City of Bakersfield
NOV 0 6 1013
APPROVED AS TO CONTENT:
FIRE DEPARTMENT
By:
DdidGLAS R. GREENE
Fire Chief
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By' '7 �--__
JOSHUA RUDNICK
Deputy City Attorney
JR:dII
Page 21 of 21 Pages
o``0AKF9�
T
~ r
V O
ORIGINAL.
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 14th day of November, 2013 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4739, passed by the
Bakersfield City Council at a meeting held on the 6th day of November, 2013 and
entitled:
AN ORDINANCE AMENDING CHAPTER 15.65 OF THE BAKERSFIELD
MUNICIPAL CODE ADOPTING THE 2013 EDITION OF THE
CALIFORNIA FIRE CODE.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: - Qgwd b aj
DEPLOY City Clerk
SAD0CUMENnF0RMS\A0P.0RD.wpd