HomeMy WebLinkAboutORD NO 3696ORDINANCE NO. 8 6 9 6
AN EMERGENCY ORDINANCE AMENDING
CHAPTER 15.64 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO UNIFORM
FIRE CODE
WHEREAS, the City of Bakersfield desires to adopt Uniform Fire Code (UFC),
1994 edition, with amendments necessary to meet local conditions; and
WHEREAS, the State of California is required by law to adopt the UFC and give
notice to local governments of such adoption in order to allow local governments to
adopt the UFC, with amendments, within 180 days of the State's adoption of the
UFC; and
WHEREAS, the State of California adopted the UFC in July of 1995 and failed
to notify the City of Bakersfield of such adoption with sufficient time for the City to
prepare and adopt amendments to meet local conditions existing within the City of
Bakersfield; and
WHEREAS, if the within ordinance is not adopted prior to January 1, 1996, the
City will automatically, by operation of law, be required to abide by the UFC, without
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 clauses stated herein and the language contained in the
ordinance adopted herein shall constitute the declaration of facts evidencing the
urgency necessary to adopt the within ordinance as required under the Charter of the
City of Bakersfield, Section 23 and 24.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION I
Chapter 15.64 of the Bakersfield Municipal Code is hereby amended to read as
follows:
Chapter 15.64
UNIFORM FIRE CODE
Sections:
15.64.010
I. Adoption
Adoption of Uniform Fire Code, 1994 Edition, Appendices and the
Uniform Fire Code Standards.
15.64.020
15.64.022
15.64.025
15.64.030
15.64.032
15.64.035
15.64.040
15.64.045
15.64.050
15.64.120
15.64.130
15.64.140
15.64.145
15.64.150
15.64.160
15.64.170
15.64.180
15.64.200
15.64.205
15.64.210
15.64.240
15.64.250
II. Deletions, Additions, and Modifications
Appendix Chapters II-E and VI-C deleted.
Appendix Chapter I-A, amended--Existing buildings.
Appendix Chapter Ill-A(6) added.
Appendix Chapter Ill-B(6) added.
Appendix Chapter VI-D, Table 3-A, amended--Nurseries and
nursing homes.
Section 103.1.4--Board of Appeals--deleted.
Section 105.4.1 and .2 added--Inspection required.
Section 105.7 #6, 7, and 8 added--Revocation of permit.
Section 1303.3.3.2.1--Fire drills--exception #2 added.
Section 7801.3.1.1 amended--Manufacture, sale, and discharge
of fireworks.
Section 7801.3.1.2 added--Manufacture, sale, and discharge of
model rockets.
Section 901.4.2.1 added--Fire lanes.
Section 902.4 amended--Key boxes..
Section 903.4.5 added--Installation.
Section 903.3.1 added--Water supply.
Section 5202.3.6 #6 amended--Special enclosures.
Section 5201.6.1.1 added--Supervision.
Section 5202.4.3.2 amended--Nozzles.
Section 5202.4.7 amended--Special-type dispensers.
Section 5202.4.7.1 added--Self-service gasoline stations.
Section 1102.5.2.4 amended--Bonfires and outdoor rubbish fires.
Section 7904.3.3.3 amended--Cleaning around wells and tanks.
2 ~'
OR!GtNAL
15.64.260
15.64.270
15.64.280
15.64.290
15.64.300
15.64.310
15.64.32O
15.64,330
15.64.340
15.64.342
15.64.345
15.64.347
15.64.350
15.64.360
15.64.370
15.64.380
15.64.390
15.64,400
15.64.410
15.64.420
15.64.430
Section 1102.3.4 amended--Hours of burning.
Section 1103.3.6.4 added--Accumulation of waste material.
Section 7904.3.1.1 added--Well drilling.
Section 1104 amended--Parade floats.
Section 1109.3 amended--Use of open flame or light restricted.
Section 1110.4 added--Streets, alleys, and occupied property.
Section 902.2.2.7 added--Security, private street and vehicle
access gates.
Section 1003.2.3 amended--Group A occupancies.
Section 8001.5 amended--Release of hazardous materials.
Section 8001.3.2 amended--Hazardous materials management
plan.
Section 8001.3.3 deleted--Hazardous materials inventory
statement
Article 82, Table No 8204-A amended.
III. Duties and Organization of Fire Safety Control Division
Duty to enforce code--Operational authority.
Fire Safety Control Division.
Arson investigation.
Assuming duties of peace officers.
Carrying firearms.
IV. Fire Zones
Establishment of fire zones.
Appendix Chapter II-F--amended--Protected Aboveground Tanks
for motor vehicle fuel - dispensing station.
Prohibition of bulk storage or liquefied petroleum gases.
Prohibition of storage of explosives and blasting agents.
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V. Appeals from Uniform Fire Code
15.64.440 Board of Appeals--Created.
15.64.450 Board of appeals--Duties.
15.64.460 Procedures.
VI. Violation--Penalty
15.64.470 What constitutes violation.
15.64.480 Violation--Penalty.
I. Adoption
15.64.010 Adoption of Uniform Fire Code, 1994 Edition, Appendices, and
the Uniform Fire Code Standards.
Except as hereinafter modified, that certain Fire Code known as the "Uniform
Fire Code, 1994 Edition (U.F.C.)," appendices thereto, and the Uniform Fire Code
Standards sponsored and copyrighted by the Western Fire Chiefs Association, and the
International Conference of Building Officials, three copies of which are filed in the
office of the city clerk for use and examination by the public, and each portion and
provision thereof, are adopted by reference as modified and amended in this title and
is declared to be the fire prevention code of the city for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire and explosion
within the incorporated limits of the city.
II. Deletions, Additions, and Modifications
15.64.020 Appendix Chapters II-E, II-F, and VI-C deleted.
Appendix Chapters II-E, II-F, and VI-C of the Uniform Fire Code, 1994 Edition,
are deleted from said code as adopted by this chapter.
15.64.022 Appendix Chapter I-A amended--Existing buildings.
Appendix Chapter l-A, Existing Buildings, is hereby amended to adopt the
modifications as set forth in Bakersfield Municipal Code section 15.12.210.
15.64.025 Appendix Chapter Ill-A(6! added.
In setting the requirements for fire flow, the Fire Department may also be
guided by provisions in Insurance Services Office (I.S.O.) or by approval of the Chief.
15.64.030 Appendix Chapter Ill-B(6! added.
All fire hydrant locations and distribution shall also comply with Insurance
Services Office (I.S.O.) or by approval of the Chief.
15.64.032
Appendix Chapter VI-D, Table 3-A amended--
Nurseries and nursing homes.
Appendix Chapter VI-D and Table 5-A are amended to read as follows:
Division 1. Nurseries for the full-time care of children under the age of six (6)
each accommodating more than six (6) persons.
Hospitals, sanitariums, nursing homes with nonambulatory patients, and
similar buildings (each accommodating more than six (6) persons).
Division 2. Nursing homes for ambulatory patients, homes for children six (6)
year os age or over (each accommodating more than six (6) persons).
15.64.035
Section 103.1.4--Board of Appeals--deleted.
15.64.040
Section 105.4.1 and .2 added-- Inspection required.
Section 105.4, Inspection Required, of the Uniform Fire Code is amended by
adding paragraphs (.1) and (.2) thereto as follows:
(.1) If unique or unusual circumstances attend the design, operation,
or use of a building or premises subject to inspection by the Fire Prevention
Bureau, the Chief may require the owner or the person in possession or control
of the building or premises to provide, without charge to the City, a technical
opinion and report. The opinion and report shall be prepared by a qualified
engineer, specialist, laboratory, or fire safety specialty organization acceptable
to the Chief and shall treat the fire safety properties of the design, operation,
or use of the building or premises and the facilities and appurtenances situated
thereon.
(.2) As used in this section, "unique or unusual circumstances" include
new or novel technology, processes, products, facilities, materials, and uses.
15.64.045
Section 105.7 //6, 7, and 8 added--Revocation of permit.
Section 105.7 (6), (7), and ($), Revocation of Permits, is added to the Uniform
Fire Code as follows:
(6) The violation of this chapter or of any other ordinance of the City
of Bakersfield or law of the State of California regulating or pertaining to the
permittee's operations, as set forth in any written notice served upon the permittee
by the Chief of the Fire Department, has not been corrected within the time required
by said notice.
;-
(7) It is a misdemeanor for any person to continue to operate or
maintain a regulated activity in the City of Bakersfield after his permit has been revoked.
(8) Upon receiving notification of permit revocation, the holder of said
permit shall return same immediately to the Chief of the Fire Department or shall turn
said permit over to any representative of the Fire Department who demands it. Failure
to comply constitutes a misdemeanor.
15.64.050
Section 1303--Fire drills--exception ,¢2 added.
Section 1303.3.3.2.1, Fire Drills, of the Uniform Fire Code is amended to add the
following exception:
EXCEPTION:
Per California Administrative Code title 19, chapter 1,
article3, section 3.13, a fire drill shall be held at the
secondary school level not less than twice every school year.
15.64.120
Section 7801.3.1.1 amended--Manufacture, sale, and discharge
of fireworks.
Section 7801.3.1.1, Manufacture, Sale, and Discharge of Fireworks, of the Uniform
Fire Code is amended to read:
Except as hereinafter provided, it shall be unlawful for any person to
possess, store, to offer for sale, expose for sale, or sell at retail any fireworks and
to use or explode any fireworks other than safe and same fireworks, without first
having obtained a permit from the City of Bakersfield. No person or organization
shall operate or conduct a supervised public display of fireworks, other than
display of exclusively safe and sane fireworks (see Chapter 8.44 of this Code),
without having first obtained a permit to do so from the City of Bakersfield. The
Fire Chief shall have power to adopt reasonable rules and regulations for the
granting of such permits. Every such use or display shall be handled by a
competent operator, licensed by the State Fire Marshal's office, and shall be of
such character and so located, discharged, or fired so as not to be hazardous to
property or endanger any person.
15.64.130
Section 7801.3.1.2 added--Manufacture, sale, and discharge of
model rockets.
Section 7801.3.1.2, Manufacture, Sale, and Discharge of Model Rockets, of the
Uniform Fire Code is amended by adding paragraph (.2) to read as follows:
(.2) Nothing in this Article shall be construed to prohibit possession and
use of model rocket engines as they are defined and regulated under the
provisions of California Administrative Code, title 19, chapter 6, article 17
(sections 1023-1042). The possession and use of model rockets and model
rocket engines shall be pursuant to a permit issued by the Chief under such
rules and regulations as he may adopt in accordance with the provisions of
California Administrative Code.
15.64.140
Section 901.4.2.1 added--Fire lanes.
Section 10.207, Fire Lanes, is added to the Uniform Fire Code as follows:
(a) Fire lanes shall be provided along the front of all shopping
complexes and all other buildings other than dwellings when any part of said
complex or building is more than one hundred fifty (150) feet from a public
street.
(b) Fire lanes shall be located as determined by the Chief, and shall
not be less than twenty (20) feet in width, with turning radiuses of not less
than twenty-five (25) feet, and shall have a clear height of not less than
thirteen feet, six inches (13'6").
(c) Fire lanes shall be maintained clear at all times without exception.
It shall be unlawful for any person to impair or block such fire lanes by vehicle
parking or placing any other obstruction therein. Any person violating this
section is guilty of an infraction.
(d) Fire lanes shall be identified in such a manner so as to leave no
doubt as to their existence and intended purpose. identification shall be by
means of signs being located along the entire length of the fire lane and shall
be placed not more than one hundred (100) feet apart, and the curb shall be
painted red. Where deemed necessary by the Chief, the signs shall be
supplemented by diagonal yellow stripes being painted on the required width
of the fire lane. Stripes shall be a minimum of four (4) inches in width.
(e) Fire lanes shall be constructed in accordance with specifications
set forth by the Bakersfield Fire Department.
15.64.145
Section 902.4 amended--Key boxes.
Section 902.4, Key Boxes, is amended by adding the following paragraph to
read as follows:
When access to or within a structure or an area is unduly difficult
because of secured openings or where immediate access is necessary for
lifesaving or firefighting purposes, the Chief is authorized to require one or more
key boxes, padlocks, hazardous materials cabinets, or key switches to be
installed in accessible locations. In the interest of uniformity and security, they
shall be a Medeco Level 7 restricted key way, U.L. listed, and furnished with
locks and keys for the exclusive use of the Bakersfield Fire Department to gain
necessary access as required by the Chief. Where a structure or area is fitted
with a key box system installed prior to adoption of this regulation by the City
of Bakersfield, no retrofit shall be required.
7
Existing buildings without a key box system prior to the adoption of this
resolution will not be considered for retrofit unless there is a change in the
occupancy classification or the Fire Department is dispatched to the same
building three (3) or more times in a twelve-month time period.
Applications for key boxes shall be made to the Bakersfield Fire
Department. The following occupancies/businesses shall install the key box,
padlock, hazardous material cabinet, or keyswitch:
All occupancies served by an internal automatic fire/smoke
detection system or fire suppression system (exception:
single-family dwellings);
All businesses that are required to file a business plan for using or
storing hazardous materials; and
3. All schools.
15.64.150
Section 903.4.5 added--Installation.
Section 903.4.5, Installation, is amended by adding paragraph (.1) as follows:
(. 1 ) In areas within the City of Bakersfield designated by the Fire Chief
as having an insufficient water supply system for the purposes of fire
protection, the following regulations shall apply notwithstanding any other
provision of the Municipal Code.
1. These regulations shall apply only to single-family residential
development (detached, individual dwellings) in such designated areas, whether
as a subdivision as defined in Title 16 of the Municipal Code, or construction
on one or more lots, of single-family residential structures and accessory
structures thereto.
2. Developers shall submit a site development and building plan,
showing the exact proposed location of structures on each lot, materials, and
elevations, together with a diagram showing all structures on all adjoining lots
as to location, materials, and elevations. Such plans and diagrams shall be
reviewed and approved by the Fire Chief prior to the issuance by the Building
Official of any building permit.
3. Roofs of all structures with one hundred (100) to two hundred
(200) feet separation from any other structure shall be of materials listed by
Underwriters Laboratories, Inc., as Class A, B, or C - Prepared Roof Coverings.
A minimum separation of one hundred (100) feet shall be maintained between
the exterior walls of all structures so constructed. The exterior walls of all such
residential and accessory structures shall be located no closer than fifty (50)
feet from property lines; provided, however, if accessary buildings are
constructed with noncombustible exterior covering materials for walls and roof,
8
they shall be located no closer than fifty (50) feet from any other structure on
the same lot, measured from the exterior walls of the accessory building.
4. Structures of any approved type construction materials may be
permitted, provided such structures are separated at least two hundred (200)
feet from any other structure, such distance to be measured from the exterior
walls. The exterior walls of all such residential and accessory structures shall
be located no closer than one hundred fifty (150) feet from property lines,
except where such property lines are adjacent to streets or alleys, and in any
event, no closer than fifty (50) feet.
5. All separations required in paragraph (g) shall be maintained until
such time as sufficient water supply for fire protection is on site, and approved
by the Fire Chief.
6. All combustibles located outside of buildings, including fencing,
palm trees, wood, weeds, brush, hay, and similar improvements and materials,
shall at all times be kept clear of all buildings and structures at a distance of
one hundred (100) feet.
7. The Fire Chief may also approve plans and diagrams required by
paragraph 2., showing separations of structures and required setbacks from
property lines which vary from the requirements set forth in paragraphs 3. and
4, if the owner of the land adjoining the applicant's land has executed and
recorded in the office of the recorder of Kern County, in accordance with all of
the provisions of Section 1468 of the California Civil Code, a written
instrument containing a covenant or covenants with the applicant to refrain
from constructing any building or structure on his lot closer than a stated
distance from his property line adjoining that of the applicant. Thereupon, the
applicant may build in accordance with and up to the setbacks established for
an R-1 Zone if the distance or distances stated in such covenant would
otherwise permit, in accordance with and subject to the required separations
established in this section.
8. Building permits may be denied any applicant whose construction
on his own lot would prevent construction of any residential dwelling or
accessory structure by an adjacent property owner due to inadequate
separation of structures.
In cases where these alternatives to sufficient water supply are properly
utilized and when maps pertaining thereto are recorded, these requirements
shall accompany and be recorded contemporaneously therewith.
15.64.160
Section 903.3.1 added--Water supply.
Section 903.3.1, Water Supply, is added to the Uniform Fire Code as follows:
1. It shall be the duty of any person, supplying water to the City of
Bakersfield and its inhabitants through hydrants located upon streets, alleys,
9
or public places within the City of Bakersfield, whenever by reason of repairs
or work, or from any cause the water is to be turned off from such hydrants,
to notify the Fire Chief of said City when hydrants are placed out of service and
again when service is restored, and in case of an alarm of fire in the City, it
shall be the duty of such person, firm, or corporation to return to service all the
mains, hydrants, and water supply necessary or available.
2. In case such person is engaged in work upon any line or pipe
necessitating the turning off of water, no such line or pipe shall be left open or
empty during the night, or when work is not actually going on therein, and if
any line or pipe be opened at the time of quitting work or when water is
required for fire suppression purposes given, the mouth of such pipe shall be
capped and the water left in as far as possible for the use of the Fire
Department. Any person, having charge or control of any pipe or hydrants, in
doing or ordering work done in or upon the same who shall violate any
provision of this section shall be guilty of a misdemeanor.
3. It shall be unlawful for any driver of any vehicle to drive or cause
to be driven over any hose while said hose is being used by the Fire
Department.
15.64.170
Section 5202.3.6(6) amended--Special enclosures.
Section 5202.3.6(6), Special Enclosures, of the Uniform Fire Code is amended
to read:
(6) Tanks containing Class I, II, or IlI-A liquids shall not exceed
two thousand (2,000) gallons individual or four thousand (4,000) gallons
aggregate.
15.64.180
Section 5201.6.1.1 added--Supervision.
Section 5201.6.1.1, Supervision, of the Uniform Fire Code is added to read:
(.6.1.1) Approved special dispensing devices such as, but not limited
to, remove preset types are permitted at service stations, provided that
emergency controls are installed and are operational at a location acceptable to
the Chief of the Fire Prevention Bureau. Except at membership or account-only
service stations, the dispensing of Class I liquids shall be under the control of
a competent attendant at all times.
15.64.200
Section 5202.4.3.2 amended--Nozzles.
Section 5202.4.3.2, Nozzles, of the Uniform Fire Code is amended to read:
(.4.3.2) The hose nozzle valve shall not be equipped with an integral
latch open device on dispensers of Class I liquids at self-service stations.
15.64.205
Section 5202.4.7 amended--Special-type (~ispensers.
Section 5202.4.7 of the Uniform Fire Code is hereby amended to read as
follows:
(.7) Special-type Dispensers. Approved special dispensing systems,
such as, but not limited to, remote preset types (coin-operated dispensing
systems are specifically prohibited), are allowed at motor vehicle fuel-
dispensing stations, provided there is at least one qualified attendant on duty
while the station is open to the public, and:
15.64.210
Section 5202.4.7.1 added--Self-service gasoline stations.
Section 5202.4.7.1, Self-service Gasoline Stations, is added to the Uniform Fire
Code as follows:
The general construction and operation of self-service gas stations and
the storage and handling of flammable or combustible liquids at such location
shall be in accordance with the provisions of this section.
(1) Definitions.
1. SELF-SERVICE STATION shall mean and include any gasoline filling
station, including membership or account-only service stations, public garage,
and any other place where flammable liquids are sold or dispensed to the public
by any manner or method other than by the personal service and actual direct
dispensing of said liquids solely by the owner or operator thereof, his agents,
or employees.
2. PERSON shall mean and include persons, firms, partnerships,
corporations, unincorporated associations, and any combination of persons, by
whatever name designated.
(b) Operating Regulations. The following regulations shall apply to all
self-service stations operated or maintained in the City of Bakersfield:
1. A control area shall be provided and so located that the operator
has an unobstructed view of all pumps and operations. Pumps shall not be
located on more than three (3) sides of the control area. This section shall
have no application to a self-service station operated or maintained as such on
the effective date of this chapter, except that any alterations or additions
hereafter made to the station shall conform to this section.
2. Telephone facilities shall be provided on the premises of all
stations. Pump control switches shall be located in the control area. This
section shall have no application to a self-service station operated or maintained
as such on the effective date of this chapter, except that any alterations or
additions hereafter made to the station shall conform to this section.
3. No building shall be located within twenty-five (25) feet of any
pump unless such building by of Type I, II, or III construction as defined by the
Uniform Building Code, or any other building code hereafter adopted by the City
of Bakersfield. Every pump shall be not less than ten (10) feet from any
property line. The Chief of the Fire Department, in his discretion, may allow
deviations from this latter requirement when and for such length of time as he
finds that such deviation will not seriously endanger buildings and operations
on adjoining premises.
4. When portions of the station are closed to the public for the
delivery of gasoline, these portions shall be so designated by adequate signs.
5. There shall be not less than one (1) attendant, eighteen (18) years
of age or older, on duty for each six (6) pump islands, or fraction thereof, open
to the public. All such attendants shall be instructed in the use of first aid and
firefighting appliances.
6. It shall be the duty of all attendants to prevent persons from
smoking within twenty-five (25) feet of any pump or filling operations. Service
shall be refused and pumps shall be shut off when patrons do not follow
instructions, or are under the influence of intoxicants.
7. Each pump shall be equipped with a manually-operated shut-off
switch or lever which can be operated both at the pump or by remote control
from the control area.
8. All pumps and/or facilities for delivery of gasoline shall be locked,
or other effective provisions shall be made to prevent public access to supplies
of gasoline when the station operators, employees, or authorized
representatives are absent. At no time shall coin-operated self-service gasoline
facilities be permitted.
9. "NO SMOKING" and "STOP YOUR MOTOR" signs, with red letters
not less than four (4) inches in height on white background, shall be placed at
each pump island in unobstructed and clear view from both sides of the island.
10. No open flame devices shall be located or permitted within
twenty-five (25) feet of any pump.
11. No combustible materials shall be stored or displayed within
twenty-five (25) feet of any pump.
12. No oily or greasy mops, brooms, towels, or rags shall be stored
within twenty-five (25) feet of any pump.
13. Class I and II liquids shall be dispensed only into tanks or motor
vehicles or into containers constructed and intended for this purpose. Metal
containers shall be U.L. listed. Plastic containers shall be approved by the
American Society for Testing and Materials (ASTM) (see 1994 U.F.C., §
12
9001.1). The use of glass or other fragile containers for such liquids is
prohibited.
15.64.240
Section 1102.5.2.4,1 amended--Bonfires and outdoor
rubbish fires.
Section 1103.5.2.4.1, Bonfires and Outdoor Rubbish Fires, of the Uniform Fire
Code is amended to read:
(a) It shall be unlawful for any person to build, light, maintain, or
cause or permit to be built, lighted, or maintained any open or outdoor fire; use
of cause or permit to be used any fire for cleaning land; burn or cause or permit
to be burned any brush, trash, rubbish, stubble, or other flammable or
combustible material.
(b) The above prohibition does not apply to:
1. Hospitals
2. Veterinarian hospitals
3. Mortuaries
4. Crematoriums
5. Barbecue pits and fireplaces as long as such are not used
for the disposal of rubbish.
(c) Excepting for barbecue pits and fireplaces, none of the above
exceptions shall be applicable unless such burning is done in a multiple-chamber
incinerator approved by the Air Pollution Control District.
(d) The Chief may prohibit any and all fires when atmospheric
conditions or local circumstances make such fires hazardous.
(e) The prohibition against burning specified above does not apply if
such burning is in accordance with Rule 402 of Regulation IV of the Rules and
Regulations of the Air Pollution Control District of Kern County, wherein the
Chief of the Fire Department of the City of Bakersfield shall have the authority
to issue permits for the burning operations listed under Rule 402.
15.64.25O
Section 7904.3.3.3 amended--Cleaning around wells and tanks.
Section 7904.3.3.3, cleaning around wells and tanks of the Uniform Fire Code
is amended as follows:
Land within twenty-five feet (7620mm) of wells, flammable or
combustible liquid tanks, or other appurtenances to such wells, shall be kept free of
dry weeds, grass, rubbish, or other combustible materials at all times. When, in the
opinion of the chief, the distance is not sufficient to provide reasonable fire safety, a
greater distance may be required.
15.64.260 Section 1102.3.4 amended--Hours of burning.
Section 1102.3.4, Hours of Burning, of the Uniform Fire Code is amended by
adding the following:
All such burning is done in accordance with Air Pollution Control
Regulations and the regulations of the Bakersfield Fire Department.
15.64.270 Section 1103.3.6.4 added--Accumulation of waste material.
Section 1103.3.6.4, Accumulation of Waste Material, of the Uniform Fire Code
is amended by adding paragraph (.4) as follows:
(.4) In all cases where there are gratings or slotted openings in the
sidewalk, or over any opening leading into the basement of a building, a wire
netting of not over one-half (1/2") mesh shall be placed beneath such grating
or slats so as to prevent rubbish from falling through.
15.64.280 Section 7904.3.1.1 added--Well drilling.
Section 7904.3.1.1 Well-drilling added section 7904.3.1.1 Permits is added to
the Uniform Fire Code as follows:
A permit shall be obtained to own operate or maintain 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 (300) 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 (5)
days.
15,64.290 Section 1104 amended--Parade floats.
Section 1104, Parade Floats, of the Uniform Fire Code is amended to read as
follows:
(a) All decorative materials used on or about parade floats shall be
flameproof or noncombustible.
(b) All electric wiring shall be an approved type and shall be inspected
by the City Electrical Inspector for approval of installation prior to being
obscured by decorative materials.
14
(c) Power generators shall not be located ~n close proximity to
combustible structural members of the float and shall be exhausted in a safe
and approved manner.
(d) Gasoline, excepting that quantity contained in the fuel tank of the
power generator, shall not be allowed on any float.
(e) A fire extinguisher with a minimum rating of 2A-10BC shall be
provided for and at an accessible location on each float.
15.64.300
Section 1109.3 amended--Use of open flame or light restricted.
Section 1109.3, Use of Open Flame or Light Restricted, of the Uniform Fire
Code is amended by adding paragraph (c) as follows:
(c) All arc lights or incandescent lights in show windows shall be
covered with gloves or reflectors. No goods of any kind or description shall be
displayed, placed, hung, or suspended within six (6) inches of any such globe
or reflectors used as covering for any arc light or incandescent light in show
windows.
15.64.310
Section 1110.4 added--Streets, alleys, and occupied property.
Section 1110.4, Streets, Alleys, and Occupied Property, is added to the
Uniform Fire Code as follows:
Owners and/or occupants of property in the City of Bakersfield shall
maintain such property free of conditions likely to cause or propagate fire;
extent of responsibility shall include the areas between property lines of the
property and to the centerlines of adjacent alleys, easements, and streets.
15.64.32O
Section 903.2.2.7 added--Security, private street, and vehicle
access gates.
Section 902.2.2.7, Security, Private Street, and Vehicle Access Gates, is added
to the Uniform Fire Code as follows:
The following regulations and specifications shall apply to Security,
Private Street, and Vehicle Access Gates:
1. Sliding or swinging gates shall provide a minimum horizontal
clearance of 20' and a minimum vertical clearance of 14'0" when gate is at the
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. A fire keybox or keyswitch with an override switch to open the
gate shall be installed at each gate control box location. The specifications for
this keybox are set forth in Section 15.64.145 (amended by Section 10.302).
15
The keybox or switch shall be installed on the gate control pedestal or on the
gate control box. Keyboxes and keyswitches shall be water resistant and for
the exclusive use of the Bakersfield Fire Department. Applications for keyboxes
or keyswitches shall be made to the Bakersfield Fire Department. Where a gate
is fitted with a keybox system installed prior to adoption of this regulation by
the City of Bakersfield, no retrofit shall be required.
3. All electrical equipment for use in a fire keybox or switch shall
conform to Section 86-1.02, "Regulations and Code," of the standard
specifications, State of California, Business and Transportation Agency,
Department of Transportation, current edition.
4. The gate operating device shall have a disconnect feature for
manual operation of the gate with the power fails.
5. A minimum driveway length to the gate from the flow line of the
public street shall be fifty (50) feet for developments of twenty (20) units or
less. For each increment of twenty (20) units thereafter, an additional twenty
(20) feet of storage length for waiting vehicles shall be added to the driveway
length.
15.64.330
Section 1003.2.3 amended--Group A occupancies.
Section 1003.2.3, Group A Occupancies, is hereby amended to adopt the
modifications as set forth in Bakersfield Municipal Code Section 15.12.200.
15.64.340
Section 8001.5 amended--Release of hazardous materials.
Section 8001.5, Release of Hazardous Materials, of the Uniform Fire Code is
amended by adding paragraph (a) to read as follows:
Hazardous materials shall be stored in such a manner as to prevent spills
or accidental releases. All containers shall be closed when not in use and good
housekeeping maintained in the area of storage and use.
15.64.342
Section 8001.3.2 amended--Hazardous Materials Management
Plan.
Section 8001.3.2 Hazardous Materials Management plan of the Uniform Fire
Code is amended as follows:
The Hazardous Materials Management Plan requirements of this code are
satisfied by the submission of a Hazardous Materials Release Response Plan
consistent with Chapter 6.95 of the California Health and Safety Code. This plan is
to be submitted to the local administering agency.
15.64.345
Section 8001.3.3 deleted--Hazardous Materials Inventory
Statement.
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15.64.347 Article 82, Table No. 8302-A amended.
Article 82, Table No. 8204-A is amended to read as follows:
The "5" in the third column (aboveground container) that is in the first
row (less than 125) is changed to a "10".
III. Duties and Organization of the Fire Safety Control Division
15.64.350 Duty to enforce code--Operational authority
The Uniform Fire Code shall be enforced by the fire agency with jurisdictional
responsibility for the area as defined in the Memorandum of Understanding between
the City of Bakersfield and the County of Kern, Agreement No. 85-215. 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 Uniform Fire Code.
15.64.360 Fire Safety Control Division.
A. The Chief of the Fire Department shall appoint any member of the fire
department as the head of the fire safety control division who shall be known as the
Fire Marshal.
B. The chief may detail such other members of the fire department as
inspectors as shall, from time to time, be necessary and may recommend to the city
manager the employment of technical inspectors who shall be selected through
examination to determine their fitness for the position.
C. The examination shall be open to members and nonmembers of the fire
department, consistent with provisions of the City Charter and fire department civil
service rules and regulations.
D. The Fire Safety Control Division shall have the prime responsibility to
enforce the provisions of the Uniform Fire Code.
15.64.370 Arson Investigation.
The enforcement of arson laws and investigations pursuant thereto shall be the
responsibility of the Fire Safety Control Division under the direction and supervision
of the Chief of the Fire Department.
15.64.380 Assuming duties of peace officers.
Members of the fire department assigned to the Fire Safety Control Division and
the Fire Marshal are peace officers when enforcing laws relating to fire prevention and
fire suppression and when engaged in fire and arson investigation, detection, and
apprehension of persons who have violated or are suspected of having violated any
fire law or the Penal Code.
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15.64.39O
Carrying firearms.
Members of the fire department assigned to the Fire Safety Control Division and
the Fire Marshal are authorized to carry a loaded firearm on their person when acting
as peace officers as defined in Section 15.64.380, upon the written approval of the
Fire Chief.
IV. Fire Zones
15.64.400
Establishment of fire zones.
Fire zones as described in this chapter designate areas within the city in which
the storage of flammable, combustible, explosive liquids, solid or gaseous substances,
special dispensing devices, are prohibited. Storage facilities for such substances
constructed prior to the enactment of this code may remain in such zones provided
their construction and maintenance are in substantial compliance with the provisions
of this code.
A. Fire Zone No. I Described. All that territory included within the following
described exterior boundaries shall be and is designated as Fire Zone No. 1:
Parcel 1: Beginning at the N.E. corner of 15th and I Street; thence
north along the east line of I Street to the north line of 16th Street, thence
west along the north line of 16th Street to the east line of H Street; thence
north along the east line of H Street to the north line of 17th Street; thence
west along the north line of 17th Street to the east line of F Street; thence
north along the east line of F Street to the south line of 21st Street; thence
east along the south line of 21st Street to the east line of G Street; thence
north along the east line of G Street to the south line of 22rid Street; thence
east along the south line of 22nd Street to the east line of H Street; thence
north along the east line of H Street to the south line of 23rd Street; thence
east along the south line of 23rd Street to the east line of the alley extending
north and south between Chester Avenue and I Street; thence north along the
east line of aforesaid alley to the southwesterly line of Golden State Avenue;
thence southeasterly along the southwesterly line of Golden State Avenue to
the west line of the alley extending north and south between Chester Avenue
and K Street; thence south along the west line of last aforesaid alley to the
south line of 23rd Street; thence east along the sough line of 23rd Street to the
west line of L Street; thence south along the west line of L Street to the south
line of 22nd Street; thence east along the south line of 22nd Street to the west
line of N Street; thence south along the west line of N Street to the south line
of 20th Street; thence east along the south line of 20th Street to the west line
of R Street; thence south along the west line of R Street to the north line of the
alley extending east and west between 17th and 18th Street; thence west
along the north line of last aforesaid alley to the west line of L Street; thence
south along the west line of L Street to the north line of 15th Street; thence
west along the north line of 15th Street to the point of beginning.
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Parcel Ih Beginning at the N.E. corner of East 19th and Kern Street;
thence northerly along the easterly line of Kern Street to the southerly line of
Jackson Street; thence easterly along the southerly line of Jackson Street to
a point midway between the easterly line of Kern Street and the westerly line
of Baker Street; thence northerly along a line parallel with and midway between
the aforesaid easterly line of Kern Street and the westerly line of Baker Street
to the southerly line of Niles Street; thence easterly along the southerly line of
Niles Street to a point midway between the easterly line of Baker Street and the
westerly line of King Street; thence southerly along a line parallel with and
midway between the aforesaid easterly line of Baker Street and the westerly
line of King Street to the southerly line of Jackson Street; thence easterly along
the southerly line of Jackson Street to the westerly line of King Street; thence
southerly along the westerly line of King Street to the northerly line of East
19th Street; thence westerly along the northerly line of East 19th Street to the
point of beginning.
B. Fire Zone No, 2 Described. All that territory included within the following
described exterior boundaries, excepting that territory designated as Fire Zone
Number I by the provisions of subsection A of Section 15.64.400, shall be and is
designated as Fire Zone Number 2:
Beginning at the N.W. corner of Chester Avenue and 8th Street; thence
west along the north line of 8th Street to the east line of the alley extending
north and south between Chester Avenue and I Street; thence north along the
east line of said alley and along its prolongation northerly to the north line of
14th Street; thence west along the north line of 14th Street to the east line of
H Street; thence north along the east line of H Street to the north line of
Truxtun Avenue; thence west along the north line of Truxtun Avenue to the
east line of G Street; thence north along the east line of G Street to the north
line of 17th Street; thence west along the north line of 17th Street to the east
line of F Street; thence north along the east line of F Street to the north line of
18th Street; thence west along the north line of 18th Street to the east line of
D Street; thence north along the east line of D Street to the south line of 19th
Street; thence east along the south line of 19th Street to the east side of E
Street; thence north along the east line of E Street to the south line of 20th
Street; thence east along the south line of 20th Street to the east line of the
alley extending north and south between E Street and F Street; thence north
along the east line of aforesaid alley to the south line of 30th Street; thence
east along the south line of 30th Street to the east line of I Street; thence north
along the east line of I Street to the southwesterly line of Golden State Avenue;
thence southeasterly along the southwesterly line of Golden State Avenue to
the south line of 30th Street; thence east along the south line of 30th Street
to the west line of K Street; thence south along the west line of K Street to the
south line of 23rd Street; thence east along the south line of 23rd Street to the
west line of N Street; thence south along the west line of N Street to the south
line of 22rid Street; thence east along the south line of 22nd Street to the west
line of R Street; thence south along the west line of R Street to the south line
of 19th Street; thence east along the south line of 19th Street to a point 500
feet west of the west line of V Street; thence north along a line 500 feet west
19
of and parallel with the west line of V Street to the prolongation westerly of the
south line of the alley extending easterly and westerly between 19th and 20th
Street; thence east along said prolongation westerly of an along the south line
of last described alley and along its prolongation easterly to the east line of
Union Avenue; thence north along the east line of Union Avenue to the
southerly line of Grove Street; thence easterly along the southerly line of Grove
Street to a point midway between the easterly line of Sacramento Street and
the westerly line of Sonora Street; thence northerly along a line parallel with
and midway between the aforesaid easterly line of Sacramento Street and the
westerly line of Sonora Street to the southerly line of the alley extending
easterly and westerly between Grove and East 19th Streets on the south and
East 21st Street on the north; thence easterly along the southerly line of last
described alley to the easterly line of Tulare Street; thence northerly along the
easterly line of Tulare Street to the southerly line of Kentucky Street; thence
easterly along the southerly line of Kentucky to the easterly line of Kern Street;
thence northerly along the easterly line of Kern Street to the southerly line of
Niles Street; thence easterly along the southerly line of Niles Street to the
prolongation southerly of the easterly line of the alley extending northerly and
southerly between Kern Street and Baker Street; thence northerly along said
prolongation southerly of and along said easterly line of last described alley to
the southerly line of Flower Street; thence easterly along the southerly line of
Flower Street to the westerly line of the alley extending northerly and southerly
between Baker Street and King Street; thence southerly along the westerly line
of last described alley and along the southerly prolongation thereof to the
southerly line of Niles Street; thence easterly along the southerly line of Niles
Street to the westerly line of King Street; thence southerly along the westerly
line of King Street to the southerly line of Sumner Street; thence easterly along
the southerly line of Sumner Street to the westerly line of Beale Avenue; thence
southerly along the westerly line of Beale Avenue to the northerly line of East
19th Street; thence westerly along the northerly line of East 19th Street to the
westerly line of King Street; thence southerly along the westerly line of King
Street to the northerly line East 18th Street; thence westerly along the
northerly line of East 18th Street to the westerly line of Baker Street; thence
southerly along the westerly line of Baker Street to the northerly line of East
Truxtun Avenue; thence westerly along the northerly line of East Truxtun
Avenue to the easterly line of Kern Street; thence northerly along the easterly
line of Kern Street to the prolongation easterly of the northerly line of the alley
extending easterly and westerly between Eureka Street and East 18th Street;
thence westerly along said prolongation easterly of and along the northerly line
of last described alley to the westerly line of Sonora Street; thence southerly
along the westerly line of Sonora Street to the northerly line of Eureka Street
thence westerly along the northerly line of Eureka Street to the east line of
Union Avenue; thence north along the east line of Union Avenue to the
prolongation easterly of the north line of the alley extending east and west
between 17th and 18th Streets; thence west along the said prolongation
easterly of and along the north line of last described alley to the west line of R
Street; thence southerly along the west line of R Street t the north line of 17th
Street; thence west along the north line of 17th Street to the west line of M
Street; thence south along the west line of M Street to the north line of 15th
20
Street; thence west along the north line of 15th Street to the west line of L
Street; thence south along the west line of L Street to the north line of 14th
Street; thence west along the north line of 14th Street to the prolongation
northerly of the west line of the alley extending north and south between
Chester Avenue and K Street; thence south along said prolongation northerly
of and along the west line of last described alley to the north line of 8th Street;
thence west along the north line of 8th Street to the point of beginning.
C. Fire Zone No. 3 Designated. All territory now or hereafter included within
the corporate limits of the city, excepting that territory designated as Fire Zone
Number I and Fire Zone Number 2 by the provisions of Section 15.64.400
subsections A and B hereof, shall be and is designated as Fire Zone Number 3.
D. References in Other Ordinances. Whenever in any ordinance heretofore
or hereafter adopted by the city reference is made to fire zones, fire limits, fire
districts, fire limits districts, or other similar designation, it means the fire zones
created by this chapter.
15.64.410
Appendix II-F amended--Protected Aboveground Tanks for motor
vehicle fuel dispensing.
Appendix II-F Protected Aboveground Tanks for motor vehicle Fuel - Dispensing
Stations Outside Building of the Uniform Fire Code is amended to read:
Section 4.3 size:
Aboveground Tanks containing Class I, II, or III-A liquids installed in Fire Zone
I and 2 and the closely-built commercial and residential areas of Fire Zone 3, as
defined in Chapter 15.64 Section 15.64.400 subsections A, B, and C of this code,
shall not exceed a capacity of two thousand (2,000) gallons individual or four
thousand (4,000) gallons aggregate. In other areas of the city primary tanks shall not
exceed a ten thousand (10,000) gallon individual or fourth thousand (40,000) gallon
aggregate capacity.
15.64.420
Prohibition of bulk storage of liquefied petroleum gases.
The limits of the zone referred to in which bulk storage of liquefied petroleum
gas is restricted as described to be: Fire Zones 1 and 2 and the closely-built
commercial and residential areas of Fire Zone 3 as said zones are defined in Chapter
15.64, Section 15.64.400, subsections A, B, and C of this code.
15.64.430
Prohibition of storage of explosives and blasting agents.
The limits of the zone referred to in which storage of explosives and blasting
agents is prohibited are established as follows: Fire Zones 1 and 2 and the closely-
built commercial and residential areas of Fire Zone 3 as said zones are defined in
Chapter 15.64, Section 15.64.400 subsections A, B, and C of this code. This
prohibition shall not include the storage of allowable quantities of gunpowder.
21
V. Appeals from the Uniform Fire Coau
15.64.440
Board of appeals-Created.
A. The board of building and housing appeals of the city as created by
subsection A of Section 15.04.120 is designated as the board of appeals referred to
in the Uniform Fire Code.
B. When meeting in this capacity, the chief of the fire department shall sit
as a nonvoting member of the board ex officio and shall act as secretary of the board.
15.64.450
Board of appeals--Duties.
A. The board shall resolve all questions relating to alternative methods,
techniques, or materials arising under this title and shall determine reasonable
interpretations of the provisions of the Uniform Fire Code.
B. The board shall hear the appeal of any person aggrieved by action of the
fire department in refusing or revoking a permit required under this code.
C. The board shall adopt reasonable rules and regulations, consistent with
the purpose of this code, for conducting its hearings and investigations; it shall render
written findings and decisions signed by its chairman and secretary and serve a copy
on the appellant.
15,64.460
Procedures.
A. Whenever the Chief of the Fire Department or a member of the Fire
Safety Control Division disapproves an application or refuses to grant a permit applied
for; or when it is claimed by an affected party that the provisions of the code do not
apply or that the true intent and meaning of the code have been misconstrued or
wrongly interpreted or that a permit has been wrongfully revoked, the affected party
may appeal from the decision of the chief or member of the Fire Safety Control
Division to the board or appeals.
B. Within thirty days of the date of the decision the affected party shall
request in writing a hearing before the board of appeals stating therein his name,
address, and telephone number, the nature of the decision being appealed and the
date it was rendered.
C. Upon receipt of such request the board of appeals shall set a date for
public hearing at its earliest convenience, notifying the affected party by certified
letter to the address noted in the request.
D. At the hearing the board of appeals must hear all relevant evidence
presented by the affected party and the fire department. From such evidence the
board shall make findings of fact an render therefrom a final conclusive decision as to
the matters submitted.
E. Within ten (lays of the conclusion of the hearing written findings and
decision of the board of appeals shall be mailed to the affected party.
F. During the appeal process, the decision of the Fire Chief or member of
the Fire Safety Control Division remains in full force and effect pending reversal or
modification by the Board of Appeals.
Vl. Violation--Penalty
15.64.470
What constitutes violation.
A. Any person, firm, or corporation who violates, causes, permits, or allows
the violation of any of the provisions of this code or violates or fails to comply with
any order made thereunder, or who builds in violation of any detailed statement or
plans submitted and approved thereunder, or any certificate or permit issued
thereunder and from which no appeal has been taken or who fails to comply with
such an order as affirmed or modified by the board of appeals shall be guilty of a
misdemeanor. Such person is guilty of a separate offense for each day or portion
thereof he permits, causes, or allows a violation to continue.
B. Any structure, installation, business, or event that is undertaken or
permitted to continue in violation of any provision of the Uniform Fire Code is a public
nuisance and may be abated by the chief of the fire department in accordance with
the law.
15.64.480
Violation --Penalty.
Any person, firm, or corporation convicted of violating any of the provisions of
this code, or for failing to comply with any notice or order given pursuant to this
chapter, shall be punishable by a fine of not more than five hundred dollars or by
imprisonment in the county jail for a period of not more than six months, or by both
such fine and imprisonment.
SECTION 2
This emergency ordinance is necessary for the immediate preservation of public
health, property, and safety, and shall become effective immediately upon its passage.
.......... o0o ..........
23
I HEREBY CERTIFY that the foregoing Emergency Ordinance was passed and
adopted by the Council of the City of Bakersfield at a regular meeting thereof held on
DEC 1 $ ~ , by the following vote:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED DEC 1 3 1~
MAYOR of the City of Bakersfield
APPROVED as to form:
JUDY K. SKOUSEN
City Attorney
By:
CARL HERNANDEZ III
Deputy City Attorney
City of Bakersfield
CH/d/meg
A:\1994 UNIFORM FIRE CODE ADOPTION:UFC1994
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
CAROL WILLIAMS, 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 December, 1995
she posted on the Bulletin Board at City Hall, a full, true and
correct copy of the following: Ordinance No. 3696, passed by the
Bakersfield City Council at a meeting held on the 13th day of
December, 1995, and entitled:
AN EMERGENCY ORDINANCE AMENDING CHAPTER 15.64
OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO
UNIFORM FIRE CODE
/s/ CAROL WILLIAMS
City Clerk of the City of Bakersfield
DEPUTY City Clerk