HomeMy WebLinkAboutORD NO 3913ORDINANCE NO. j 9 I ;S
AN ORDINANCE AMENDING CHAPTER 15.64
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO UNIFORM FIRE CODE.
WHEREAS, the City of Bakersfield desires to adopt the Uniform Fire Code (UFC),
1997 edition, with amendments necessary to meet local conditions; and
WHEREAS, the local amendments to the UFC are necessary due to local climatic
and topographical conditions which exist in the City of Bakersfield which include conditions
conducive to steep terrain, extremely high temperatures 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
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 the recently mandated OSHA regulations pertaining to "2-in, 2-out" rules,
an additional time restraint may yield increased 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 prior to July 1, 1999, 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
-- Page 1 of 29 Pages --
WHEREAS, the City Council does expressly find and determine that the changes
and modifications to the 1997 UFC, are reasonably necessary because of local conditions.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 15.64 of the Bakersfield Municipal Code is hereby amended to read
as follows:
Sections:
15.64.010
15.64.020
15.64.022
15.64.025
15.64.030
15.64.035
15.64.040
15.64.045
15.64.050
15.64.120
15.64.130
15.64.140
Chapter 15.64
UNIFORM FIRE CODE
I. Adoption
Adoption of Uniform Fire Code, 1997 Edition, Appendices and the
Uniform Fire Code Standards.
II. Deletions, Additions, and Modifications
Appendix Chapters I-A, II-E and VI-D deleted.
Appendix Chapter I-A, replaced--Existing buildings.
Appendix Chapter II I-A(6) added.
Appendix Chapter Ill-B(6) added.
Section 103.1.4--Board of Appeals--deleted
Section 105.4.1 and .2 added--Inspection required.
Section 105.7 #7, 8, and 9 added--Revocation of permit.
Section 1303.3.3.2 #1--amended Fire drills, frequency.
Section 7801.3.1.1 amended--Manufacture, sale, and discharge of
fireworks.
Section 7801.3.3 added--Manufacture, sale, and discharge of model
rockets.
Section 901.4.2.1 added--Fire lanes.
-- Page 2 of 29 Pages --
15.64.145
15.64.150
15.64.160
15.64.170
15.64.180
15.64.210
15.64.215
15.64.250
15.64.260
15.64.270
15.64.280
15.64.290
15.64.300
15.64.310
15.64.320
15.64.330
15.64.332
15.64.335
15.64.337
15.64.342
15.64.343
15.64.344
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 5202.4.8.1 added-Self-service gasoline stations.
Section 6314.5 added--Ammonia compressor oil distillation.
Section 7904.3.3.3 amended--Clearing around wells and tanks.
Section 1102.3.4 amended--Hours of burning.
Section 1103.3.5.5 added--Accumulation of waste material.
Section 7904.3.1.1 added--Well drilling.
Section 1104 amended--Parade floats.
Section 1109.2.1 added--Clearance from ignition sources.
Section 1110.4 added--Streets, alleys, and occupied property.
Section 902.2.4.3 added--Security, private street and vehicle access
gates.
Section 1003.2.2 amended--Sprinkler Systems, Required
Installations.
Section 1003.2.2.1 Added--Sprinkler Systems, Existing Buildings.
Section 1003.2.3 Amended--Group A Occupancies.
Section 1003.1.1.1 Added--Location of fire department connection.
Section 8001.3.2 amended--Hazardous materials management plan.
Section 8003.1.3.3 amended--Secondary containment.
Section 8001.4.7.1.1 added--Storage of hazardous materials.
-- Page 3 of 29 Pages --
15.64.345
15.64.350
15.64.360
15.64,365
15.64.370
15.64.380
15.64.390
15.64.400
15.64.410
15.64,420
15.64.430
15.64.440
15.64.450
15.64.460
15.64,470
15.64.480
15.64.010
Section 8001.3.3 deleted--Hazardous materials inventory statement
III. Duties and Organization of the Fire Safety Control Division
and Environmental Services Division
Duty to enforce code--Operational authority.
Fire Safety Control Division.
Environmental Services Division
Arson investigation.
Assuming duties of peace officers.
Carrying firearms.
IV, Fire Zones
Establishment of fire zones.
Appendix Chapter I I-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.
V. Appeals from Uniform Fire Code
Board of Appeals--Created.
Board of appeals--Duties.
Procedures.
VI. Violation--Penalty
What constitutes violation.
Violation--Penalty.
I. Adoption
Adoption of Uniform Fire Code, 1997 Edition, Appendices, and the
Uniform Fire Code Standards.
-- Page 4 of 29 Pages --
,~,
Except as hereina~er modified, that certain Fire Code known as the "Uniform
Fire Code, 1997 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 I-A, II-E, and VI-C deleted.
Appendix Chapters I-A, II-E, and VI-C of the Uniform Fire Code, 1997 Edition,
are deleted from said code as adopted by this chapter.
15.64,022
Appendix Chapter I-A replaced--Existing buildings.
EXISTING BUILDINGS
1.1 Purpose. The purpose of this section is to provide a reasonable degree of
safety for persons living and sleeping in apartment houses and hotels by providing
for alterations to such existing buildings as do not conform with the minimum safety
requirements of this code.
1.2 Scope. The provisions of this section shall apply exclusively to existing
nonconforming Group R, Division 1 Occupancies more than two stories in height.
1.3 Number of Exits. Every apartment and every other sleeping room shall have
access to not less than two exits. A fire escape as specified herein may be used
as one required exit.
Subject to the approval of the Fire Chief, a ladder device as specified herein may
be used in lieu of a fire escape when the construction features or the location of the
building on the property cause the installation of a fire escape to be impractical.
1.4 Stair Construction. All stairs shall have a minimum run of 9 inches and a
maximum rise of 8 inches and a minimum width exclusive of handrails of 30 inches.
Every stairway shall have at least one handrail. A landing having a minimum
horizontal dimension of 30 inches shall be provided at each point of access to the
stairway.
1.5 Interior Stairways. Every interior stairway shall be enclosed with walls of not
less than one-hour fire-resistive construction.
-- Page 5 of 29 Pages --
Where existing partitions form part of a stairwell enclosure, wood lath and plaster
in good condition will be acceptable in lieu of one-hour fire-resistive construction.
Openings to such enclosures shall be protected by a self-closing door equivalent
to a solid wood door not less than 1-3/4 inches thick. Enclosures shall include
landings between flights and any corridors, passageways of public rooms
necessary for continuous exit to the exterior of the building.
1.6 Exterior Stairways. Exterior stairs shall be noncombustible or of wood of not
less than 2-inch nominal thickness with solid treads and risers.
1.7 Fire Escapes, Exit Ladder Devices.
Fire escapes may be used as one means of egress, if the pitch does not
exceed 60 degrees, the width is not less than 18 inches, the treads are not
less than 4 inches wide, and they extend to the ground or are provided with
counterbalanced stairs reaching to the ground. Access shall be by an
opening having a minimum dimension of 29 inches when open. The sill shall
be not more than 30 inches above the floor and landing.
A ladder device when used in lieu of a fire escape shall conform to U.F.C.
Standard No. 10-3 and the following:
Serves an occupant load of nine people or less or a single dwelling
unit or hotel room.
B. The building does not exceed three stories in height.
The access is adjacent to an opening as specified for emergency
egress or rescue or from a balcony.
The device does not pass in front of any building opening below the
unit being served.
The ladder device is accessible only to the opening or balcony
served.
The device as installed will not cause a person using it to be within 12
feet of exposed energized high-voltage conductors.
1.8 Doors and Openings. Exit doors shall meet the requirements of Sections
1004.2, 1004.3, 1004.4 and 1005.8. Doors shall not reduce the required width of
stairway more than 6 inches when open. Transoms and openings other than doors
from corridors to rooms shall be fixed closed and shall be covered with a minimum
of 3/4-inch plywood or 1/2-inch gypsum wallboard or equivalent material.
-- Page 6 of 29 Pages --
Exceptions:
Existing solid-bonded wood core doors 1-3/8 inches
thick or their equivalent may continue in use.
Where the existing frame will not accommodate a door
complying with Section 1104.8, 1-3/8-inch thick solid-
bonded wood core may be used.
1.9 Exit Signs. Every exit doorway or change of direction of a corridor shall be
marked with a well-lighted exit sign having letters at least 5 inches high.
1.10 Enclosure of Vertical Openings· Elevators, shafts, ducts and other vertical
openings shall be enclosed as required for stairways in Section 3401.6 or by wired
glass set in metal frames. Doors shall be noncombustible or as regulated in
Subsection (f).
1.11 Separation of Occupancies. Occupancy separations shall be provided as
specified in Section 302. Lobbies and public dining rooms, not including cocktail
lounges, shall not require a separation if the kitchen is so separated from the dining
room.
Every room containing a boiler or central heating plant shall be separated
from the rest of the building by not less than one-hour fire-resistive
occupancy separation.
Exception: A separation shall not be required for such rooms with equipment
serving only one dwelling unit.
1.12 Alternates. No alternate method of obtaining the fire protection and safety
required by this section may be used unless the Board of Appeals, including as a
voting member for this purpose the Chief of Fire Department, finds that such
alternate method provides protection and safety equivalent to that required herein.
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.
15.64.035
Section 103.1.4--Board of Appeals--deleted.
15.64.040
Section 105.4.1 and .2 added-- Inspection required.
-- Page 7 of 29 Pages --
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 #7, 8, and 9 added--Revocation of permit.
Section 105.7 (7), (8), and (9), Revocation of Permits, is added to the Uniform Fire
Code as follows:
(7) 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
(8) 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.
(9) 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, frequency--amended
Section 1303.3.3.2 #1 Fire Drills, of the Uniform Fire Code is amended to add the
following:
Per California Code of Regulations title 19, chapter 1, article 3, 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 fi reworks.
-- Page 8 of 29 Pages --
Section 7801.3.1.1, Manufacture, Sale, and Discharge of Fireworks, of the Uniform
Fire Code is amended to read:
Except as hereina~er 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 7801.3.3 added--Manufacture, sale, and discharge of
model rockets.
Section 7801.3.3, Manufacture, Sale, and Discharge of Model Rockets, of the
Uniform Fire Code is amended by adding paragraph (.3) to read as follows:
(.3) 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 the California Code.of Regulations
15.64.140
Section 901.4.2.1 added--Fire lanes.
Section 901.4.2.1, 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 or as determined by the
Fire Chief.
(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 in width, 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
-- Page 9 of 29 Pages --
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.
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, When meeting conditions #1 or #2
-- Page 10 of 29 Pages --
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, 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
-- Page 11 of 29 Pages --
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, 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.
-- Page 12 of 29 Pages --
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 III-A liquids shall not exceed
two thousand (2,000) gallons individual or four thousand (4,000) gallons aggregate
capacity.
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,
remote preset types are permitted at service stations, provided that emergency
controls are installed and are operational at a location acceptable to the Fire Chief.
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.
15.64.210
Section 5202.4.8.1 added--Self-service gasoline stations.
Section 5202.4.8.1, 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:
-- Page 13 of 29 Pages --
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 is 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.
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.
-- Page 14 of 29 Pages --
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 1997 U.F.C., § 9001.1 ). The use of
glass or other fragile containers for such liquids is prohibited.
1564.215
Section 6314.5 added--Ammonia compressor oil distillation
Section 6314.5 is added to the Uniform Fire Code to read a follows:
Ammonia refrigeration systems shall be equipped with an approved oil sill device
which provides for the safe removal of entrained ammonia prior to draining oil from the
system.
15.64.240 Section 1102.6 amended--Recreational fires and outdoor
rubbish fires.
Section 1102.6, Recreational fires 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 or cause or
permit to be used any fire for cleaning land; bum 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
disposal of rubbish.
Barbecue pits and fireplaces as long as such are not used for the
-- Page 15 of 29 Pages --
(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 rules and regulations of the San Joaquin Valley Unified
Air Pollution Control District, wherein the Chief of the Fire Department of the City of
Bakersfield shall have the authority to issue permits for the burning operations.
15.64.250
Section 7904.3.3.3 amended--Clearing around wells and tanks.
Section 7904.3.3.3, clearing around wells and tanks of the Uniform Fire Code is
amended to read as follows:
Land within twenty-five (25)feet (7620 mm) 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 1103.3.5.5 added--Accumulation of waste material.
Section 1103.3.5.5, Accumulation of Waste Material, is added to the Uniform Fire
Code to read as follows:
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-Permits
Section 7904.3.1.1 is added to the Uniform Fire Code as follows:
-- Page 16 of 29 Pages --
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:
1104.1 All decorative materials used on or about parade floats shall be
flame retardant or noncombustible
1104.2 A fire extinguisher with a minimum rating of 2A-10BC shall be
provided for and at an accessible location on each float..
1104.3 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.
1104.4 Power generators shall not be located in close proximity to
combustible structural members of the float and shall be exhausted in a safe and
approved manner.
1104.5 Gasoline, excepting that quantity contained in the fuel tank of the
power generator, shall not be allowed on any float.
15.64,300
Section 1109.2.1 added--Use of open flame or light restricted.
Section 1109.2.1, Use of Open Flame or Light Restricted, is added to the Uniform Fire
Code to read as follows:
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
-- Page 17 of 29 Pages --
responsibility shall include the areas between property lines of the property and to
the center lines of adjacent alleys, easements, and streets.
15.64.320
Section 902.2.4.3 added--Security, private street, and vehicle
access gates.
Section 902.2.4.3, 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 thirteen (13) feet six (6) inches is required
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. When there is more than one gate and two or more driveways
separated by islands ,a minimum horizontal clearance of fifteen (15) feet for each
driveway and a minimum vertical clearance of thirteen (13)feet six (6) 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.
3. 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). 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.
4. 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.
5. The gate operating device shall have a disconnect feature for manual
operation of the gate when the power fails.
-- Page 18 of 29 Pages --
6. 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.
Driveway turn radiuses shall be the same as for fire lanes as set forth
in section 15.64.140
15.64.330
Section 1003.2.2
Installations
amended--Sprinkler
Systems--Required
Section 1003.2.2 of the Uniform Fire code is amended to read as follows:
An automatic sprinkler system shall be installed throughout all new buildings where
the area exceeds (10,000) square feet, area separation walls not withstanding. To be
classed as another building, for the purpose of this subsection, the exterior wall must be
separated by twenty (20) feet from the exterior wall of another building. Unenclosed
overhangs, balconies, arcades and the like may encroach a maximum of three (3) feet from
each exterior wall ,or assumed exterior wall line.
15.64.332
Section 1003.2.2.1 added--Sprinkler Systems--Existing buildings
Section 1003.2.2.1 is added to the Uniform Fire code as follows:
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 not withstanding.
In buildings where an automatic sprinkler system does not exist, and the floor area
is increased twenty4ive percent (25%) or more, throughout the life of the building, and the
area exceeds ten thousand (10,000) square feet before or after the addition, an automatic
sprinkler system shall be installed throughout the total building.
1564.335
Section 1003.2.3 amended--Group A Occupancies.
Section 1003.2.3 of the Uniform Fire Code is amended to read as follows:
Automatic sprinkler systems shall be installed throughout all new buildings containing
a Group A-l, A-2, or A 2.1 Occupancy in any portion of the building, and throughout all
existing buildings where the assembly occupant load in any one room exceeds three
hundred (300) people.
15.64.337
Section 1003.1.1.1 added--Location of fire department connection.
Section 1003.1.1.1 is added to the Uniform Fire Code to read as follows:
-- Page 19 of 29 Pages --
Fire department connections for automatic sprinkler systems shall be located at the
street on the address side of the building. In cases where mitigating circumstances prevent
the fire department connection from being at the street, then the location shall be as
determined by the fire chief.
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 to read 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 Certified Unified Program Agency.
15.64.343
Section 8003.1.3.3 amended--Secondary containment.
Section 8003.1.3.3 Secondary containment of hazardous materials, l iqu ids and sol ids
is amended to read as follows:
When required by Table 8002.1 -A, buildings, rooms, or areas used for the storage
of hazardous materials liquids or they will give solids secondary containment by this section
when the capacity of an individual vessel or the aggregate capacity of multiple vessels
exceeds the following:
Any quantity of a federal Resource Conservation and Recovery Act (RCRA)
regulated hazardous waste.
Liquids:
Capacity of an individual vessel exceeding fifty-five (55) gallons
(208.2L) or the aggregate capacity of multiple vessels exceeds one
thousand (1,000) gallons (3785L).
Solids:
Capacity of an individual vessel exceeding five-hundred (500) pounds
(226.2kg) or the aggregate capacity of multiple vessels exceeds ten-
thousand (10,000) pounds (4524.8kg).
15.64.344
Section 8001.4.7.1.1 added--Release of Hazardous Materials.
Section 8001.4.7.1,1 is amended by adding paragraph (a) to the Uniform Fire Code
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.
-- Page 20 of 29 Pages --
15.64.345 Section 8001.3.3 deleted--Hazardous Materials Inventory
Statement.
III. Duties and Organization of the Fire Safety Control Division
and Environmental Services 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.
15.64.365
Environmental Services Division
The Chief of the Fire Department shall appoint any member or non member
as the head of Environmental Services Division who shall be known as the
Director of Environmental Services.
The Chief may detail such other members of the fire department as inspectors
as shall, from 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.
-- Page 21 of 29 Pages --
C. The examination shall be open to members and non members of the fire
department, consistent with provisions of the City Charter and fire department civil service
rules and regulations.
D. The Environmental Services Division shall have the prime responsibility to
enforce the provisions of the Uniform Fire Code and Hazardous Materials regulations, as
well as the provisions of the California Health and Safety Code related to the Certified
Unified program.
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,
Environmental Services Division , the Fire Marshal and the Director of Environmental
services 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.
15.64.390
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. 1 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 Northeast corner of 15th and Eye Street; thence
north along the east line of Eye Street to the north line of 16th Street, thence west
-- Page 22 of 29 Pages --
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 21 st Street; thence east along the south line of 21 st Street to the
east line of G Street; thence north along the east line of G Street to the south line of
22nd 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 Eye 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.
Parcel I1: 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 1 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
-- Page 23 of 29 Pages -- .:,:
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 22nd 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 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 21 st 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
-- Page 24 of 29 Pages --
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 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
1 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:
-- Page 25 of 29 Pages --
Section 4.3 size:
Aboveground Tanks containing Class I, II, or III-A liquids installed in Fire Zone 1 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.
Appendix II-F (Table) of the Uniform Fire Code is Hereby amended to read as follows:
TABLE A-II-F-1- MINIMUM SEPARATION REQUIREMENTS FOR PROTECTED
ABOVEGROUND TANKS
INDIVIDUAL
TANK
CAPACITY
gallons (liters)
Less than or
equal to 6,000
(22712)
MINIMUM DISTANCE
FROM PROPERTY
LINE WHICH IS OR
CAN BE BUILT
UPON,
INCLUDING THE
OPPOSITE SIDE OF
A
PUBLIC WAY
feet (mm)
MINIMUM DISTANCE
FROM THE
NEAREST SIDE OF
ANY PUBLIC WAY
OR FROM THE
NEAREST
IMPORTANT
BUILDING ON THE
SAME PROPERTY
feet (mm)
MINIMUM DISTANCE
BETWEEN TANKS
feet (ram)
15 (4572) 5 (1524) 3 (914)
Greater than 50 (30480) 25 (15240) 3 (914)
6,000 (22712)
Individual tank capacity greater than six thousand (6,000) gallons will have a fifty(50) foot
minimum distance from property line which is or can be built upon, including the opposite
side of a public way. Twenty-five (25) feet minimum distance from the nearest side of any
public way or from the nearest important building on the same property.
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.
-- Page 26 of 29 Pages --
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.
V. Appeals from the Uniform Fire Code
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.
-- Page 27 of 29 Pages -- ~'"
C. Upon receipt of such request the board of appeals shall set a date for public
hearing at its earliest convenience, notifying the affected pady 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 days 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.
VI. 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 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.
.......... OOOOOO .......... ~:::'
-- Page 28 of 29 Pages --
I HEREBY CERTIFY that the foregoing Ordinance was passed and adapted b the
Council of the City of Bakersfield at a regular meeting thereof held on JlJtl 0 't99~' ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, DEMOND, MAGGARD, COUCH, ROWLES, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER r~ ~ k~ I= _
CITY CLERK and EX OFFl~"~of the
Council of the City of Bakersfield
APPROVED: JUN 3 0 1999
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY
By:
CARL HERNANDEZ, III
Assistant City Attorney
-- Page 29 of 29 Pages
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) SS.
County of Kern )
PAMELA A. MCCARTHY, 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 1st day of July , 1999 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 3913 , passed by the
Bakersfield City Council at a meeting held on the 30th day of June 1999 , and
entitled:
AN ORDINANCE AMENDING CHAPTER 15.64 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO UNIFORM FIRE CODE.
Is/PAMELA A. MCCARTHY
City Clerk of the City of Bakersfield
DEPUT~ ~ity Cler:l~"' is
S:\DOCUMENT~AOPOSTING
July 1, 1999