HomeMy WebLinkAboutORD NO 4107ORDINANCENO.
4107
AN ORDINANCE AMENDING CHAPTER 15.64
OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO CALIFORNIA FIRE CODE
WHEREAS, the City of Bakersfield desires to adopt the California Fire Code
(CFC), 2001 edition, with amendments necessary to meet local conditions; and
WHEREAS, the local amendments to the CFC 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 and dry conditions in
the summer and extremely poor visibility due to Tule fog conditions in the winter; and
WHEREAS, the City of Bakersfield is situated in the southern San Joaquin Valley
which is surrounded by the Sierra Nevada Mountains on the east, the Coastal Range on
the west, and the Tehachapi Mountains on the south; and
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 Iow humidity in the
summer, account for the extremely dry conditions related to fire spread and ignitability
of fuel and the Iow 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 the City will automatically, by
operation of law, be required to abide by the California Fire Code (CFC), without the
amendments necessary to govern condition unique to the City of Bakersfield; and
WHEREAS, the failure to adopt such amendments as set forth in the within
ordinance will cause great hardship in regulating fire protection aspects unique to the
City of Bakersfield and thereby threaten the preservation of the public peace, health,
and safety; and
WHEREAS, the City Council does expressly find and determine that the changes
and modifications to the 2001 CFC, are reasonably necessary because of local
conditions.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
Page Iot' 24
SECTION 1
Chapter 15.64 of the Bakersfield Municipal Code is hereby amended to
read as follows:
Chapter 15.64 UNIFORM FIRE CODE
I. Adoption
15.64.010 Adoption of California Fire Code, 2001 Edition, Appendices. and the Uniform Fire Code Standards.
II. Deletions, Additions and Modifications
15.64.020 Appendix Chapter8 I-A, II-E, and VI-C--deleted.
15.64.022 Appendix Chapter II-K--Protected Aboveground Tanks--replaced
15.64.025 Appendix Chapter IIl-A(6)--deleted.
15.64.030 Appendix Chapter IIl-B(6)~eleted.
15.64.035 Section 103.1 A--Board of Appeals--deleted.
15.64.036 Section 103.4.1--Compliance orders and notices--amended.
15.64.037 Section 103.4.2--Service of orders and notices--amended.
15.64.038 Section 103.4.2.1--Compliance order hearings--added.
15.64.040 Section 105.4.1 and .2--Inspection required--added.
15.64.045 Section 105.7 #7, 8, and 9--Revocation of permit--added.
15.64.050 Section 1114--Pipeline setbacks--added.
15.64.060 Section 1303--Fire drills, frequency--amended.
15.64.085 Section 1006.4--Hiqh density storaqe--added.
15.64.120 Section 7801.3.1.1--Manufacture, sale, and discharqe of fireworks--amended.
15.64.130 Section 7801.3.3 --Manufacture, sale and discharqe of model rockets--added.
15.64.140 Section 901.4.2.1--Fire lanes--added.
15.64.145 Section 902.4--Key boxes--amended.
15.64.150 Section 903.4.5 --Installation-added.
15.64.160 Section 903.3.1 --Water supply--added.
15.64.161 Section 903.3.1 .l--Water mains--added.
Page 2 of 24
15.64.162 Section 2901.6.2--Lubricating oil--amended,
15.64.163 Section 3410.1--Motor vehicle fluids and hazardous materials--amended.
15.64.164 Section 3602.3.1--Flammable and combustible solvents--amended.
15.64.170 Section 5202.3.6(6)--Special enclosures--deleted.
15.64.210 Section 5202.4.8.1--Self-service qasoline stations--added.
15.64.215 Section 6314.5--Ammonia compressor oil distillation--added.
15.64.240 Section 1102.6 --Recreational fires and outdoor rubbish fires--deleted.
15.64.250 Section 7904.3.3.3--Clearinq around wells and tanks--amended.
15.64.260 Section 1102.3.4--Hours of burning--deleted.
15.64.270 Section 1103.3.5.5--Accumulation of waste material--added.
15.64.280 Section 7904.3.1.1 --Well drilling:-Permits--added.
15.64.290 Section 1104--Parade floats~eleted.
15.64.300 Section 1109.2.1--Use of open flame or light restricted--added.
15.64.310 Section 1110.4--Streets, alleys and occupied property--added.
15.64.320 Section 902.2.4.3--Security, private street and vehicle access Rates--added.
15.64.328 Section 1207.8--Doors in room dividers--added.
15.64.330 Section 1003.2.2--Sprinkler systems--Required installations--amended.
15,64.331 Section 1003.3.2 Sprinkler _system monitoring and alarms--amended.
15.64.333 Section 1003.2.2.1--Sprinkler systems--Existing buildinqs--added.
15.64.334 Section 1003.2.3.1--Sprinkler systems--Drinking establishments--amended.
15.64.335 Section 1003.2.3--Group A occupancies-amended.
15.64.337 Section 1003.1.1.1 --Location of fire _department connection--added.
15.64.342 Section 8001.3.2--Hazardous Materials Management Plan--amended.
15.64.343 Section 8003.1.3.3--Secondary containment--amended.
15.64.344 Section 8001.4.7.1.1--Container management--added.
15.64.345 Section 8001.3.3--Hazardous materials inventory statement--deleted.
IlL Duties and Organization of the Fire Safety Control Division and Environmental Services Division
15.64.350 Duty to enforce code--Operational authority.
Page 3 of 24
15.64.360 Fire Prevention Services.
15.64.365 Environmental Services Division.
15.64.370 Arson investigation.
15.64.380 Assuming duties of peace officers.
15.64.390 Carrying firearms.
IV. Fire Zones
1 §.64.400 Establishment of fire zones--revised.
15.64.410 Appendix Chapter II-F--Protected aboveqround tanks for motor vehicle fuel disDensina--deleted.
V. Appeals from the 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_.
Prior history: Prior code sections 14.01.010, 14.01.015, 14.08.010, 14.08.020, 14.08.040,
14.08.050, 14.12.010, 14.12.020, 14.12.030, 14.12.040, 14.16.020, 14.16.030, 14.20.010,
14.20.020. Ordinances 2610, 2758, 2769, 2786, 2909, 3048, 3232, 3319, 3696.
15.64.010 Adoption of California Fire Code, 2001 Edition, Appendices, and the Uniform Fire
Code Standards.
Except as hereinafter modified, that certain Fire Code known as the 2001 California Fire Code,
California Code of Regulations title 24, Part 9, California Building Standards Commission,
Based on the 2000 Uniform Fire Code, copyrighted by the Western Fire Chiefs Association and
California Building Standards Commission, 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.
15.64.020 Appendix Chapters l-A, Il-E, and VI-C -- deleted.
15.64.022 Appendix II-K & 5202.3.1 & 5202.4.1 -- Protected Aboveground Tanks for
Page 4 of 24
Motor Vehicle Fuel Dispensing (See UFC Section 5202.3.1 and 5202.4.1) -- amended.
Section I SCOPE
Storage and dispensing of motor fuels into the fuel tanks of motor vehicles form protected
aboveground tanks located outside buildings shall be in accordance with Appendix II-K.
Section 2 DEFINITIONS
For the purpose of Appendix II-K ,certain terms are defined as follows:
2.1 PRECONNECTED FLEXIBLE HOSE SYSTEMS is a fuel-delivery system containing a
reel-mounted pre-connected flexible hose having a maximum nominal diameter of 2 inches
(50.8mm) and a manually controlled fuel-delivery nozzle at the downstream end of the hose.
2.2 RIGID HOSE SYSTEM is a fuel-delivery system utilizing or more section of large
diameter rigid hose [usually 3 to 4 inches (76.2 to 101.6mm) in nominal diameter] which does
not contain a nozzle but which contains interlocking connections for manually connecting the
hose from the tank vehicle to the tank.
PRIMARY TANK is a listed atmospheric tank used to store liquid. See definition of
PR1MARY CONTAINMENT in Section 217.
PROTECTED ABOVEGROUND TANK is a listed tank system consisting of a primary
tank provided with protection from physical damage, and fire-resistive protection from a high-
intensity liquid pool fire exposure. The tank system is allowed to provide these protection
elements as a unit or is allowed to be an assembly of components, or combination thereof.
Section 3 PERMITS AND PLANS
A permit is required to install, operate, repair or modify protected aboveground tanks used
for storage and dispensing of flammable or combustible liquid motor fuels.
The installation plans shall be submitted with permit applications. The plans shall include the
design, details, and specifications of the following:
3.1 Quantities and types of liquids to be stored;
3.2 Distances from tanks and dispensers to property lines and buildings;
3.3 Vehicle access;
3.4 Fire appliances;
3.5 Vehicle impact protection;
3.6 Protected aboveground tanks and their supports;
3.7 Method of storage and dispensing;
Page 5 of 24
3.8 Overfill prevention, spill containment, vents, vapor recovery, dispenser, and
other equipment and accessories;
3.9 Seismic design in accordance with the Building Code;
3.10 Secondary containment;
3. l I Venting;
3.12 Piping;
3.13 Electrical systems;
3.14 Emergency control; and
3.15 Other information as required by the chief.
Section 4 TANK DESIGN
4.1 General. Protected aboveground tanks shall be listed and shall meet the requirements
specified in UFC Standard 76-7 and shall be labeled accordingly.
4.2 Primary Tanks. Primary tanks shall be designed in accordance with Section 7902.1.8.2.1.
4.3 Size. Primary tanks shall not exceed a 12,000 gallon (45,425 L) individual or 48,000 gallon
(181,700 L) aggregate capacity.
4.4 Vents.
4.4.1 Normal and emergency venting. Venting for normal and emergency venting for
aboveground tanks shall be installed in accordance with Section 7902.1.11 and 7902.2.6.
4.4.2 Capacity. The vent capacity reduction factor as provided for in Section 7902.2.6.3.4 shall
not be allowed.
4.4.3 Flame an-esters. Approved flame attesters shall be installed in normal vents.
4.5 Projectile Protection. When a projectile test is required by the chief, the protected tank
shall be tested in accordance with the requirements for bullet resistance as specified in Section
7702.3.4.3.
Section 5 INSTALLATION OF TANKS
The installation or protected aboveground tanks shall be in accordance with the following:
5.1 Separation Distances.
5.1.1 Individual tanks. A protected aboveground tank shall be separated from property lines,
Page 6 of 24
important buildings, public ways and other tanks in accordance with Table A-II-F-I.
5.1.2 Aggregate capacity. Protected aboveground tank installations having the maximum
allowable aggregate capacity shall be separated from other installations of protected
aboveground tanks by not less than 100 feet (30 480mm).
5.2 Secondary Containment. Protected aboveground tanks shall be provided with drainage
control or diking in accordance with Section 7901.8 and 7902.2.8 or with secondary
containment that is a component of the listed protected aboveground tank. The method of
monitoring and the capacity of the secondary containment shall be in accordance with Section
8003.1.3.3. Enclosed secondary containment shall be provided with emergency venting.
5.3 Vehicle Impact Protection. Where subject to vehicular impact, protected aboveground tanks
shall be provided with impact protection in accordance with Section 5.3 Protected
aboveground tanks with piping connected to remote dispensers shall be protected by guard
posts or other approved barriers are provided, they shall be independent of each protected
aboveground tank.
Where subject to vehicle impact, piping and electrical conduit connected to protected
aboveground tanks shall be provided with impact protection.
Impact protection provided by guard posts shall be in accordance with Section 8001.11.3.
5.4 Overfill Prevention. Protected aboveground tanks shall not be filled in excess of 90 percent
of their capacity. An overfill prevention system shall be provided for each tank. During tank
filling operation, the system shall:
1. Provide an independent means of notifying the person filling the tank that the fluid
level has reached 85 percent of tank capacity by providing an audible or visual alarm signal,
providing a tank level gage marked at 85 percent of tank capacity, or other approved means, and
2. Automatically shut off the flow of fuel to the tank when the quantity of liquid in the tank
reaches 90 percent of tank capacity. For rigid hose fuel delivery systems, and approved means
shall be provided to empty the fill hose into the tank after the automatic shutoff device is
activated.
A permanent sign shall be provided at the fill point for the tank documenting the
filling procedure and the tank calibration chart. The filling procedure shall
require the person filling the tank to determine the gallonage required to fill it to
90 percent of capacity before commencing the fill operation.
5.5 Fill Pipe Connections. The fill pipe shall be provided with a means for making a direct
connection to the tank vehicle's fuel-delivery hose so that the delivery of fuel is not exposed to
the open air during the filling operation. When any portion of the fill pipe exterior to the tank
extends below the level of the top of the tank, a check valve shall be installed in the fill pipe not
more than 12 inches (304.8mm) from the fill hose connection. See Section 7901.11.4 for tank
valves.
5.6 Spill Containers. A spill container having a capacity of not less than 5 gallons (18.9L) shall
be provided for each fill connection. For tanks with a top fill connection, spill containers shall
Page 7 of 24
be noncombustible and shall be fixed to the tank equipped with a manual drain valve which
drains into the primary tank. For tanks with a remote fill connection, a portable spill container
shall be provided.
5.7 Signs. Warning signs and identification signs shall be installed to clearly identify hazards
the design of such signs shall be in accordance with Sections 5201.8 and 7901.9. Conspicuous
signs prohibiting simultaneous tank filling and fuel dispensing shall be posted.
Section 6 INSTALLATION OF DISPENSING AND PIPING SYSTEMS
6.1 General. Dispensing and piping systems and electrical controls shall be installed in
accordance with Section 7901.11 and Article 52, except as provided in Appendix Sections 6.2,
6.3 and 6.4.
6.2 Tank Openings. Tank openings in protected aboveground tanks shall be through the top
only.
6.3 Dispensing Devices. Dispensing devices are allowed to be installed on top of or
immediately adjacent to protected above ground tanks.
6.4 Antisiphon Devices. Approved antisiphon devices shall be installed in each external pipe
connected to the tank when the pipe extends below the level of the top of the tank.
Section 7 PARKING OF THE VEHICLES
Tank vehicles shall not be parked within twenty-five (25) feet (7620mm) of a protected
aboveground tank.
Exception: When the tank is being filled from the tank vehicle.
Section 8 MAINTENANCE
Protected aboveground tanks, and piping and dispensing systems shall be maintained in a safe
operating condition. Protected aboveground tanks and components of dispensing systems shall
be maintained in accordance with their listing.
Damage to protected aboveground tanks shall be repaired using materials having equal or
greater strength and fire resistance.
INDIVIDUAL TANK ] MINIMUM
I MINIMUM [MINIMUM
Page 8 of 24
DISTANCE DISTANCE DISTANCE
CAPACITY FROM PROPERTY FROM THE BETWEEN TANKS
GALLONS NEAREST
(LITERS LINE WHICH IS OR SIDE OF ANY FEET (MM)
PUBLIC
CAN BE BUILT WAY OR FROM
THE
UPON, INCLUDING NEAREST
THE OPPOSITE iMPORTANT
SIDE
OF A PUBLIC WAY BUILDING ON THE
FEE (MM) SAME PROPERTY
FEET (MM)
Less than or equal to 15 (4572) 5 (1524) 3 (914)
6,000 (22 712)
Greater than 6,000 (22 20 (15 240) 15 (4572) 3 (914)
712)
15.64.036 Section 103.4.1 -- Compliance orders and notices -- amended.
103.4.1.1 General. When the chief finds any buildings, premises, vehicle, storage facility or
outdoor area that is in violation of this code, the chief is authorized to issue administrative
compliance orders requiring that the violation be corrected and imposing an administrative
penalty, in accordance with the following:
In establishing a penalty amount and ordering that the violation be corrected
pursuant to this section the chief shall take into consideration the nature,
circumstances, extent, and gravity of the violation, the violator's past and
present efforts to prevent, abate, or clean up conditions posing a threat to the
public health or safety or the environment, the violator's ability to pay the
penalty, and the deterrent effect that the imposition of the penalty would have
on both the violator and the regulated community.
All administrative penalties collected from actions brought by the chief pursuant to
this section shall be deposited into a special account that shall be expended to fund
the activities of the prevention services division in enforcing this code.
The chief shall consult with the district attorney, county counsel, or city attorney on
the development of policies to be followed in exercising the authority delegated
pursuant to Ihis section as it relates to the authority of the chief to issue orders.
EXCEPTION: This section does not do any of the following:
Otherwise affect the authority of the chief to take any other action
authorized by any other provision of law, except the chief shall not require a person
to pay a penalty pursuant to this section and pursuant to a local ordinance for the
same violation.
Page 9 of 24
Restrict the power of a city attorney, district attorney, county counsel, or
the Attorney General to bring, in the name of the people of California, any criminal
proceeding otherwise authorized by law.
Prevent the chief from cooperating with or participating in a
proceeding specified in paragraph (2).
15.64.037
Section 103.4.2 -- Service of orders and notices -- amended.
103.4.2 Service of orders and notices. Orders and notices authorized or required by this code
shall be given or served upon to owner, operator, occupant or other person responsible for the
condition or violation either by verbal notification, personal service, or delivering the same to
and leaving it with a person of suitable age and discretion upon the premises, by affixing a
copy thereof in a conspicuous place on thc door to the entrance of said premises and by
mailing a copy thereof to such person by registered or certified mail, return receipt requested,
to the person's last known address.
Orders or notices which are given verbally shall be confirmed by service in writing as herein
provided and shall inform the person served of the right to a hearing.
15.64.038
Section 103.4.2.1 -- Compliance order hearings -- added.
Section 103.4.2.1 Administrative compliance order hearings. Any person served with an order
pursuant to section 103.4.1 who has been unable to resolve any violation with the prevention
services division, may within fifteen (15) days after service of the order, request a hearing
pursuant to
this section by filing with the chief a notice of defense. The notice shall be filed with the
prevention services office that issued the order. A notice of defense shall be deemed filed
within the 15-day period provided by this section if it is postmarked within that 15-day period.
If no notice of defense is filed within the time limits provided by this subdivision, the order
shall become final.
The hearing decision issued pursuant to this section shall be effective and final upon issuance
by the chief. A copy of the decision shall be served by personal service or by certified mail
upon the party served with the order, or their representative, if any.
Any provision of an order issued under this section, except the imposition of an administrative
penalty, shall take effect upon issuance by the chief if the chief finds that the violation or
violations of law associated with that provision may pose an imminent and substantial
endangerment to the public health or safety or the environment, A request for a hearing shall
not stay the effect of that provision of the order pending a hearing decision. However, if the
chief determines that any or all provisions of the order are so related that the public health
or safety or the environment can be protected only by immediate compliance with the
order as a whole, the order as a whole, except the imposition of an administrative penalty,
shall take effect upon issuance by the chief. A request for a heanng shall not stay the
effect of the order as a whole pending a hearing decision.
A decision issued pursuant to this section may be reviewed by a court pursuant to Section
11523 of the Government Code. In all proceedings pursuant to this section, the court shall
uphold the decision of the chief if the decision is based upon substantial evidence in the
Page 10 of 24
record as a whole. The filing of a petition for writ of mandate shall not stay any action
required pursuant to section 103.4.1 or the accrual of any penalties assessed. This subdivision
does not prohibit the court from granting any appropriate relief within its jurisdiction.
15.64.040
Section 105.4.1 and .2 --Inspection required -- added.
Section 105.4, Inspection required, 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 --Revocation of permit -- added.
Section 105.7 (7), (8), and (9), Revocation of Permits, is added 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 permitted 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 o£ the Fire Department who demands it. Failure to comply
constitutes a misdemeanor.
15.64.050
Section 1114 -- Pipeline Setbacks -- added.
Section 1114 is added as follows:
1114.1 For purposes of this section High Pressure Transmission Line is a natural gas pipeline
operating at two hundred and fifty pounds per square inch (250 psi) or greater. A gas
main or transmission line is a natm'al gas pipeline operating at sixty pounds per square
inch (60 psi) or less.
1114.2 NO habitable portion of a structure may be built within fifty (50) feet of a High
pressure transmission line with thirty-six (36) inches of cover.
I 114.3 No structure may be built within forty (40) feet of a hazardous liquid pipeline
bearing refined product, with forty-eight (48) inches or more of cover.
1114.4 No habitable portion of a structure may be built within thirty (30) feet of a crude
oil pipeline operating at twenty percent (20%) or greater of its design strength.
15.64.060
Section 1303 -- Fire drills, frequency -- amended.
Page 11 of 24
Section t303.3.3.2 #1, Fire Drills, is amended to add the following: Per California Code
of Regulations title 19, chapter t, article 3, section 3.13, a fire drill shall be held at the secondary
school level not less than twice every school year. (Ord. 3913 § I (part), 1999)
15.64.085
added.
Section 1006.4 -- High Density Storage Fixtures and Fire Protection --
High Density Storage fixtures are shelf units which are on rollers and permanent tracks fixed to
the
storage room floor. The shelves roll closely together to condense storage space. They roll apart
to
provide access to store and retrieve items.
When such storage units are installed and the storage area exceeds 100 cubic feet special
provisions
shall to be taken for fire protection:
Smoke and heat detectors shall be installed over the storage area with appropriate spacing
for the detection devices.
One hour fire separation shall be provided between storage room where High Density
units are used and other rooms in the occupancy.
When fire sprinklers are present shelf material shall allow for water penetration to the
floor level.
15.64.120
amended.
Section 7801.3.1.1 -- Manufacture, sale, and discharge of fireworks --
Section 7801.3.1.1, Manufacture, Sale, and Discharge of Fireworks 1.4G and 1.3G.
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 sane 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 sale 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
added.
Section 7801.3.3 -- Manufacture, sale and discharge of model rockets --
Section 7801.3.3 (.3), Manufacture, Sale, and Discharge of Model Rockets. 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
Page 12 of 24
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 -- Fire lanes -- added.
Fire lanes shall be provided at all (A, B, E, F, H,I, M, R-I, R-2.1, R-2.2, R-2.3 occupancies) and
/or complexes when such buildings am more than one hundred and fifty (150) feet from the
curb line of a public street in order to provide emergency access or as determined by the Fire
Chief to meet emergency access needs of the facility.
Fire lanes shall provide a minimum turning radius of twenty-five (25) feet and adequate to
accommodate the apparatus in the City of Bakersfield Fire Department.
Access way grade should not exceed seven percent (7%), but can be adjusted by the Chief to
special situations as long as emergency access is not denied or significantly impeded by grade
changes.
Fire lanes shall be identified in such a manner so as to leave no doubt as to their existence and
intended purpose. Signs shall be posted one-hundred (100) feet apart along a red painted curb
and shall be maintained in good condition by the property owner. When deemed necessary by the
Chief
additiona} markings may be required to ensure clear intent of the fire lane.
15.64.145
Section 902.4 -- Key boxes -- amended.
Section 902.4, Key Boxes. 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 thc Bakersfield Fire Department. The following
occupancies/businesses shall install the key box, padlock, hazardous material cabinet, or
keyswitch:
1. All occupancies served by an internal automatic fire/smoke detection system or fire
suppression system (exception: single-family dwellings);
2. 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.
15.64.150
Section 903.4.5 -- Installation -- added.
Page 13 of 24
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 structm'es 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 accessory 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 fi'om 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. Municipal
Fire Code Changes to the CFC 2001
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
accordancc with all of thc provisions of Section 1468 of thc 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-I 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.
Page 14 of 24
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 am properly utilized and when maps pertaining thereto am recorded, these
requirements shall accompany and be recorded contemporaneously therewith.
15.64.160
Section 903.3.1 --Water supply -- added.
Section 903.3.1, Water Supply, is added 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 mason 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.
15.64.161
Section 903.3.1.1 --Water mains -- added.
1. No pipe smaller than six (6) inches (152mm) in diameter shall be installed a private service
main.
2. Where private water systems lines supply hydrants and/or other fire suppression systems
and where one or of the following conditions exist:
More than one hydrant is being supplied at a distance over five-hundred (500) feet
fi'om the municipal system.
When 3 or more hydrants are being supplied over one thousand, five-hundred
(1,5oo) feet of pipe.
The system shall be looped into the municipal system.
15.64.162
Section 2901.6.2 -- Lubricating oil -- amended.
2901.6.2 Lubricating oil. Lubricating oil which has been drained from motor vehicles shall be
handled as required for Class III-B liquids in accordance with Article 79 and hazardous
waste regulations.
Page 15 of 24
15.64.163
amended.
Section 3410.1 -- Motor vehicle fluids and hazardous materials --
3410.1 General. The storage, use and handling of motor vehicle fluids and hazardous
materials, such as those used to operate air bags and electrical systems, shall be handled in
accordance with Section 3410 and Articles 29, 79, and 80 and hazardous waste regulations.
15.64.164
Section 3602.3.1 -- Flammable and combustible solvents -- amended.
3602.3.1 Flammable and combustible solvents. The storage of flammable and combustible
liquid solvents and waste solvents shall be in accordance with Article 79 and hazardous waste
regulations.
15.64.170 Deleted
15.64.210
Section 5201.5.3 -- Emergency Shut down Devices -- amended.
Section 5201.5.3 Emergency shut down devices shall be provided for all fuel dispensers.
Emergency shutdown devices for exterior fuel dispensers shall be located within seventy-
five (75) feet of, but not less than twenty-five (25) feet from any dispenser.
15.64.215
Section 6314.5 -- Ammonia compressor oil distillation -- added.
Section 6314.5 Ammonia refrigeration systems shall be equipped with an approved oil still
device which provides for the safe removal of entrained ammonia prior to draining oil from the
system.
15.64.250
Section 7904.3.3.3 -- Clearing around wells and tanks -- amended.
Section 7904.3.3.3 Clearing around wells and tanks. 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.
15.64.270
Section 1103.3.5.5 -- Accumulation of waste material -- added.
Section 1 t03.3.5.5 Accumulation of Waste Material. In all cases where them am 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 inch (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 -- Well drilling -- Permits -- added.
Section 7904.3.1.1 A pe~Tnit 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
Page 16 of 24
radius of three hundred (300) feet of the exact location of the proposed wellhead. The
permit for any new well shalI 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.
15.64.300
Section 1109.2.1 -- Use of open flame or light restricted -- added.
Section 1109.2.1 Use of Open Flame or Light Restricted. 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 -- Streets, alleys and occupied property -- added.
Section 1110.4 Streets, Alleys, and Occupied Property. 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 center lines of adjacent alleys, easements, and
streets.
15.64.320 Section 902.2.4.3 -- Security, private street and vehicle access gates -- added.
Section 902.2.4.3 Security, Private Street, and Vehicle Access Gates. 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 ft. 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 17 of 24
6. A minimum driveway length to the gate from the flow line
of the public street shall be fifty (50) feet £or 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. 7. Driveway turn radiuses shall be
the same as for fire lanes as set forth in section 15.64.140.
15.64.328
Section 1207.8 -- Doors in room dividers -- added.
Where assembly areas can be divided by portable or movable room dividers and provisions
have not been made for additional exits, said dividers must provide exit doors reflective of
the occupancy load for the newly created assembly areas if those new areas occupancy loads
exceed 50 persons.
15.64.330
amended.
Section 1003.2.2 -- Sprinkler systems -- Required installations --
Section 1003.2.2 is amended 1:o 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.
15.64.331
Section 1003.3.2 Sprinkler System Monitoring and Alarms
A complete fire alarm system shall be required when:
1. Sprinklers head count exceeds 12 or more in Group I. Div.l.l and 1.2.
2. One hundred or more n all other occupancies.
The fire alarm system shall provide audible and visual notification throughout the entire facility
as well as notification to the monitoring company upon activation of the sprinkler system and/or
any additional sensory device.~ deem necessary for the facility. All valves controlling the water
supply for automatic sprinkler systems and water-flow switches on all sprinkler systems shall be
electrically monitored for integrity. All NFPA, State and local regulations for installation and
maintenance of fire alarm sysl:em shall apply to this application.
15.64.333
Sectio~ 1003.2.2.1 -- Sprinkler systems -- Existing buildings -- added.
Section 1003.2.2.1 is added as follows: In buildings where a fully automatic
sprinkler protection system e;~ists, and where said buildings undergo remodeling and/or
alterations or additions, the actomatic 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
twenty-five pement (25%) or more, throughout the life of the building, and the area exceeds
ten thousand (10,000) or four thousand (4000) square feet in drinking establishments where
alcoholic
beverages are consumed, befem or after the addition, an automatic sprinkler system shall be
Page 18 of 24
installed throughout the total building.
15.64.334
amended.
Section 1003.2.3.1 -- Sprinkler systems -- Drinking establishments --
An automatic sprinkler system shall be installed in rooms used by the occupants for the
consumption of alcoholic beverages and unseparated accessory uses where the total area of
such unseparated rooms and assembly uses exceeds four thousand (4000) square feet.
15.64.335
Section 1003.2.3 -- Group A occupancies -- amended.
Section 1003.2.3 is amended to read as follows: Automatic sprinkler systems shall
be installed throughout all new buildings containing a Group A-I, 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 1003.1.3 -- Location of fire department connection -- added.
Fire department connections (FDC) shall be installed in accordance with the following:
1. The FDC shall be within twenty-five (25) feet of the curb line of the street fronting the
property, or within ten (10) feet of the curb line of a Fire lane meeting the requirements
of Section 10.206 of the Fire Code and Section 15.64.140 of the Bakersfield Municipal
Code.
2. The FDC shall be located within one hundred and fifty (150) feet of travel distance to a
municipal fire hydrant or a looped p~Svate main.
3. The FDC shall be located a minimum often (10) feet from any opening in the exterior wall,
regardless of any fire protection rating of the opening.
4. The FDC shall be located a minimum of ten (10) feet from any exterior wall of less than
one-hour
construction.
5. The FDC may be installed on the downstream side of an aboveground backflow preventer
assembly. The backflow-preventer must be installed parallel to the street or fire lane which it
is adjacent to. The two and one-half inch (2 V= ") connections on the FDC must be facing the
street or fire lane.
The FDC must meet all of the requirements of item 1.
6. The FDC shall be arranged so that hose lines can be readily and conveniently attached to
the inlet without interference from any nearby objects including buildings, fences, posts, or
landscaping. The FDC shall be located a minimum of four (4) feet from any Post indicator valve.
7. There shall be no shutoff valve between the FDC and the sprinkler system.
Exception: In multiple riser sprinkler systems, there may be system control valves between the
Page 19 of 24
FDC and the various systems provided the control valves are operable from the exterior of
the building and are not within ten (10) feet of any building opening.
8. The two and one-half inch (2 ~/2 ") inch connections on the FDC shall be located no less than
two (2) feet six (6) inches and no more than tBur (4) feet above finished grade.
15.64.339
Section 1208.1.1 -- Gates and Barriers -- amended
All gates and barriers which are installed in the means of egress pathways and all gates and
barriers to vehicle traffic are subject to permit, which require plan review prior to
construction and inspection upon completion. These include such fixtures which are installed
prior, dunng and after construction of the occupancy affected.
15.64.342
amended.
Section 8001.3.2 -- Hazardous Materials Management Plan --
Section 8001.3.2 Hazardous Materials Management Plan. The Hazardous Materials Management
Plan requirements of this code are satisfied by the submission of a Hazardous Materials Business
Plan and Chemical Inventory 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 -- Secondary containment -- amended.
Section 8003.1.3.3 Secondary containment of hazardous materials, liquids and solids. When
required by Table 8002. l-A, buildings, rooms, or areas used for the storage of hazardous
materials liquids or they will give solids secondary containmentby 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 -- Container management -- added.
Section 8001.4.7. I. 1 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.
15.64.345
Section 8001.3.3 --Hazardous materials inventory statement -- deleted.
15.64.350
Duty to enforce code -- Operational authority
The 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. 90-180. Such enforcement shall be under the supervision of the chief
Page 20 of 24
of the fire department within such jurisdictional responsibility who shall detail or direct
members of that agency's fire department in the enforcement of the Fire Code.
15.64.360
Fire Prevention Services
A. The chief of the fire department shall appoint any member of the fire department as the
head of the Fire Prevention Services who shall be known as the Director of Prevention
Services.
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 Prevention Services shall have the prime responsibility to enforce the provisions of
the Fire Code.
15.64.365
Environmental services division.
A. The chief of the fire department shall appoint any member or nonmember as the head of
environmental services division who shall be known as the Director of Environmental Services.
B. 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.
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 environmental services division shall have the prime
responsibility to enforce the provisions of the 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 Arson Investigation Department 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 Prevention Division, are peace officers
when enforcing laws relating to fire prevention, fire suppression and environmental regulations.
15.64.385
Assuming duties of peace officers.
Members of the fire department assigned to the arson investigation division are peace officers
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.
Page 21 of 24
15.64.390
Carrying firearms.
Members of the tire department assigned to the arson investigation division and the tim marshal
am 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.
15.64.400
Fire Zones -- amended.
Areas of the City of Bakersfield which represent residential, commercial and educational
concentrations will be limited in the storage of flammable and combustible liquids as well as
explosive and blasting agents. As follows:
A. Dispensing of fuel from an above ground storage tank shall be limited to two thousand
(2,000) gallons.
B. All storage of blasting agents is prohibited in these areas.
15.64.410 Deleted
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 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 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 Prevention Services
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 fi'om the decision of the chief or member of
the fire safety control division to the board of 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 22 of 24
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 and
render therefrom a final conclusive decision as to the matters submitted.
E. Within ten (10) 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 Prevention
Services remains in full force and effect pending reversal or modification by the board of
appeals.
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 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 ($500) or by imprisonment in the county jail for a
period of not more than six months, or by both such fine and imprisonment.
Page 23 of 24
I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held onF£1~ 1 2 2003, by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SALVAGGIO
COUNCILMEMBER
COUNCILMEMBER_ ~
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
APPROVED:
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:
JANICE SC/A~NLAN
Deputy City Attorney
Page 24 of 24
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )
Hall, a full, true and correct copy of the following: Ordinance No.
Bakersfield City Council at a meeting held on the 12th day of
entitled:
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 13th day of February , 2003 she posted on the Bulletin Board at City
4107 , passed by the
February 2003 and
ORDINANCE OF THE CITY OF BAKERSFIELD
AMENDING CHAPTER 17.69 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO ADULT
ENTERTAINMENT BUSINESSES.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield