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HomeMy WebLinkAboutORD NO 2317ORDINANCE NO. 2317 NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTERS 14.01 AND 14.04 OF THE MUNICIPAL CODE CONCERNING FIRE PREVENTION AND ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION, WITH AMENDMENTS AS HEREINAFTER PROVIDED. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. That Chapter 14.01 of the Municipal Code of the City of Bakersfield, entitled "Uniform Fire Code," is hereby amended to read: Section 14.01.010 Chapter 14.01 UNIFORM FIRE CODE Adoption of Uniform Fire Code 14.01.010 Adoption of Uniform Fire Code. Except as hereinafter modified, that certain Fire Code known as the "Uniform Fire Code, 1976 Edition (U.F.C.), and appendices thereto, which was 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 of the City of Bakersfield, for use and examination by the public, and each portion and pro- vision thereof is hereby adopted by reference as modified and amended in this title and is declared to be the Fire Prevention Code of the City of Bakersfield for the purpose of prescribing regulations govern- ing conditions hazardous to life and property from fire and explosion within the incorporated limits of the City of Bakersfield. SECTION 2. That Chapter 14.04 of the Municipal Code of the City of Bakersfield, entitled '~dditions and Modifications of the Uniform Fire Code," is hereby amended to read as follows: Chapter 14.04 ADDITIONS AND MODIFICATIONS OF THE UNIFORM FIRE CODE Sections: UFC Section: 14.04.010 Section 1.215 14.04.020 Section 1.303(a)(b) 14.04.030 Section 1.307 14.04.040 Section 2.104 14.04.050 Article 5 14.04.060 Section 5.101 14.04.070 Section 5.102 14.04.080 Section 5.103 14.04.090 Section 8.107 14.04.100 Section 12.102(b) 14.04.110 Section 12.102(d) 14.04.120 Section 13.209(a)(b)(c)(d) (e) 14.04.130 Section 13.316 14.04.140 Section 15.103(3) 14.04.150 Section 15o704(b)1 14.04.160 Section 15.704(b)2 14.04.170 Section 15.705(e)4 14.04.180 Section 15.709(b) 14.04.190 Section 15.711 14.04.200 Section 15.1101 14.04.210 Section 15.1102 14.04.220 Section 26.117 14.04.230 Section 27.101(a)(b)(c) 14.04.240 Section 27.105(e) 14.04.250 Section 27.112(b) 14.04.260 Section 27.201(d) 14.04.270 Section 27.203(c) 14.04.280 Section 27.204.5 14.04.290 Section 27.205(c) 14.04.300 Section 27.416 14.04.310 Section 32.101 Title: Board of Appeals Inspection Required Revocation of Permits Tire Buffing Rooms Cellulose Nitrate Film Scope Permit Required Storage of Film Storage and Use of Cylinders Manufacture, Sale and Discharge Manufacture, Sale and Discharge Fire Lanes Water Supply Permits Required Supervision Supervision Piping, Valves and Fittings Safety Rules Self-Service Gasoline Stations Permit Required Tank Vehicle Construction Fire Drills Bonfires and Outdoor Rubbish Fires Types and Construction of Incinerators Hours of Burning Accumulation of Waste Material Storage of Readily Combustible Material Parade Floats Use of Open Flame or Light Restricted Streets, Alleys and Occupied Property Scope 14.04.010 Section 1.215 Board of Appeals of the Uniform Fire Code is amended to read: In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this Code, the Board of Building Appeals, created by Section 13.04.120a o of the Municipal Code of the City of Bakersfield, consisting of seven (7) members who are qualified by experience and training to pass upon pertinent matters, Appeals. 14.04.020 Section 1.303 are hereby designated as the Board of Inspection Required of the Uniform Fire Code is amended by adding paragraphs (a) and (b) thereto as follows: (a) 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 pro- vide, 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 accept- able to the Chief and shall treat the fire safety properties of the design, operation or use of the building or premises and the facil- ities and appurtenances situated thereon. (b) As used in this section, "unique or unusual circumstances" include new or novel technology, processes, products, facilities, materials and uses. 14.04.030 Section 1.307 Revocation of Permits of the Uniform Fire Code is amended to read: Any permit or certificate issued under this Code may be suspended or revoked when it is determined after a hearing by the Board of Building Appeals that: (a) It is used by a person other than the person to whom the permit or certificate was issued. (b) It is used for a location other than for which it was issued. (c) Any of the conditions or limitations set forth in the permit or certificate have been violated. (d) The permittee fails, refuses or neglects to comply with any order or notice duly served upon him under the provisions of this code within the time provided therein. (e) There has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or application was based. 14.04.040 Section 2.104 Tire Buffing Rooms of the Uniform Fire Code is amended to read: Buffing machine shall be located in rooms separated from other areas as required by the Building Code. Each machine shall be connected to an ample dust collect- ing system discharging to a suitable container which shall be cleaned at frequent intervals. There shall be installed one sprinkler head connected to the City water system over each buffing machine. The water supply pipe shall be not less than three-fourths inch (3/4"). 14.04.050 Article 5, entitled Cellulose Nitrate Motion Picture Film, of the Uniform Fire Code is amended to read: Cellulose Nitrate Film. 14.04.060 Section 5.101 Scope of the Uniform Fire Code is amended to read: This Article applies to the storage and handling of cellulose nitrate film, hereinafter referred to as "nitrate film." Film having a cellulose acetate or other approved slow-burning base, marked safety film, is exempt from these provisions. 14.04.070 Section 5.102 Permit Required of the Uniform Fire Code is amended to read: (a) No person shall store, keep or have on hand 'more than 25 pounds (for 35 mm. film about 5,000 feet) of nitrate filmwithout a permit. (b) No person shall sell, lease or otherwise dispose of any nitrate film to any person not having a permit to handle, use or display such film. 14.04.080 Section 5.103 Storage of Film of the Uniform Fire Code is amended to read: Storage of nitrate film, not in process or being worked on, shall be in accordance with the following: (a) Except as provided in paragraph (c) of this section, amounts in excess of 25 pounds (5 standard rolls) but not in excess of 1,000 pounds cabinets (c) (200 standard rolls) shall be kept in approved or in vaults. Amounts in excess of 1,000 pounds shall be kept in vaults. Unexposed nitrate film enclosed in the original, unbroken, shipping cases, conforming to I.C.C. regulations shall be kept in a room equipped with approved automatic fire sprinkler system. If the amount exceeds 750 pounds (150 standard rolls), it shall be stored in a room used for no other purpose. 14.04.090 Section 8.107 Storage and Use of Cylinders of the Uniform Fire Code is amended to read: All compressed gas cylinders in service or in storage shall be adequately secured to prevent falling or being knocked over. This shall be accomplished by the installation of safety chains of suitable size or other approved restraining methods. 14.04.100 Section 12·102(b) Manufacture, Sale and Discharge of the Uniform Fire Code is amended to read: Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale or sell at retail any fireworks and to use or explode any fireworks other than safe and sane fire- works, without first having obtained a permit from the City of Bakersfield. No person shall operate or conduct a supervised public display of fireworks by fair associations, amusement parks, other organizations or artisans in pursuit of their trade 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 Marshall'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· 14.04.110 Section 12.102 Manufacture, Sale and Discharge of the Uniform Fire Code is amended by adding paragraph (d) as follows: (d) Nothing in this Article shall be construed to prohibit possession and use of model rockets and model rocket engines as they are defined and regulated under the provisions of California Admin- istrative Code, Title 19, Article 14 (Sections 1062-1088). The possession and use of model rockets and model rocket engines shall be pursuant to a permit issued by the Chief under such rules and regulations as he may adopt in accordance with the provisions of California Administrative Code, Title 19, Article 14, October 9, 1971. 14.04.120 Fire Code as Section 13.209 Fire Lanes is added to the Uniform follows: (a) Fire lanes shall be provided along the front of all shop- ping complexes more than 150 feet from a public street and all other buildings other than dwellings which are hereafter constructed and located more than 150 feet from a public street where access to such premises has not been provided and designated as Fire Lanes. (b) Fire lanes shall be located as determined by the Chief, and shall not be less than 15 feet in width, with turning radiuses of not less than 20 feet in width and shall have a clear height of not less than 13 feet. (c) Fire lanes shall be maintained clear at all times without exception. It shall be unlawful for any person to impair or block such fire lanes by vehicle parking or placing any other obstruction therein. Any person violating this section shall be subject to a fine of not less than Ten Dollars ($10) nor more than Sixty-Five Dollars ($65). (d) Fire Lane Identification. 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 o not more than 50 feet apart. Where deemed necessary by the Chief, the signs shall be supplemented by diagonal yellow stripes being painted on the required width of the fire a minimum of four inches in width. (e) Fire lanes shall be constructed lane. Stripes shall be in accordance with speci- fications set forth by the Director of Public Works of the City of Bakersfield. 14.04.130 Section 13.316 Water Supply is added to the Uniform Fire Code as follows: (a) 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 thereof, 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 turn into all the mains and hydrants all the water necessary or available. (b) In case such person be engaged in work upon any line of pipe necessitating the turning off of water, no such line of pipe shall be left open or empty during the night, or when work is not actually going on therein and if any line of pipe be opened at the time of quitting work or when an alarm of fire is given a cap or thimble shall immediately be placed closely over the mouth of such pipe 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. (c) 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. 14.04. 140 Fire Code is 3. Section 15.103(3) Permits Required of t'he Uniform amended to read: Construction, installation and use of equipment and premises for the storage, handling, use or sale of flan~nable or combustible liquids as herein stipulated. The required permit shall be obtained prior to the commencement of any wor'k. 14.04.150 Section 15.704(b)1 Supervision of the Uniform Fire Code is amended to read: 1. If the dispensing of Class station available and open to the public I liquids at a service is to be done by a person other than the service station attendant, the nozzle shall be a listed automatic-closing type without a latch-open device. 14.04.160 Section 15.704(b) Supervision of the Uniform Fire Code is amended by adding paragraph 2 as follows: 2. Approved special dispensing devices such as, but not limited to, card-operated and remote preset types are permitted at service stations, provided that dispension of Class I liquids is under the observation and control of a competent attendant at all times and provided that emergency controls are installed at a loca- tion acceptable to the Chief of the Fire Prevention Bureau. 14.04.170 Section 15.705(e)4 Piping. Valves and Fittings of the Uniform Fire Code is amended to read: After completion of the installation, the system shall be tested as provided in Section 15.216(a) and (b). 14.04.180 Section 15.709(b) Safety Rules of the Uniform Fire Code is amended to read: Extinguisher of a minimum classification of 2 A - 10 B C shall be provided and located so that no pumps, dis- penser or fill pipe opening shall be greater than 50 feet from such extinguisher. 14.04.190 Section 15.711 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. (a) Definitions: (1) SELF-SERVICE STATION shall mean and include any gasoline filling station, 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, partner- ships, corporations, unincorporated associations, and any combination of persons, by whatever name desig- nated. (3) PERMITTEE shall mean the holder of a permit to operate and maintain a self-service station, granted pursuant to the provisions of this Chapter. (b) Permit required. No person shall operate or maintain a self-service station in the City of Bakersfield without first obtain- ing a permit to do so from the Chief of the Fire Department. Appli- cations for permits shall be made on forms provided by the Chief of the Fire Department, and shall give the names of the operators of said proposed self-service station, the location thereof and such other pertinent information regarding the facilities and manner of operation of said station as may be required by the Chief of the Fire Department. Any person now operating or maintaining a self- service station shall obtain a permit, and except as herein other- wise provided, shall comply with all the provisions of this chapter within thirty (30) days after the effective date hereof. (c) Revocation of Permit. The Chief of the Fire Department shall revoke any permit issued under the terms of this chapter when he finds either: o (1) That said permit is being used by any person other than the person to whom the permit was issued, his agents or employees, or (2) That the conditions or limitations set forth in said permithave been violated, or (3) That the violations 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, set forth in any written notice served upon the permittee by the Chief of the Fire Department, have not been corrected within the time required by said notice, or (4) That the permit is being used on any premises or at any location other than that for which it was issued. It is unlawful for any person to operate or maintain a self-service station in the City of Bakersfield after his permit has been revoked. (d) Self-service Stations Prohibited in Fire District No. 1. No permit shall be issued for the operation of a self-service station, and no self-service station shall be within the limits of Fire Limits District No. established by this code. operated or maintained 1, as the District is (e) Operating Regulations. The following regulations shall apply to all self-service stations operated or maintained in the City of Bakersfield: (1) A control room shall be provided and so located that the operator has an unobstructed view of all pumps and operations. At least one of the two required doors to the control room shall be not less than twenty-five (25) feet from the nearest pump and shall open on a different side of the control room from where any pump is located. Pumps shall not be located on more than three sides of the control room. This section shall have no application to a self-service station operated or maintained as such on the effective 10. date of this chapter, except that any alterations or additions here- after made to the station shall conform to this section. (2) Telephone facilities, if and when available, shall be provided on the premises of the station, if located more than three hundred (300) feet from a street fire alarm box. Telephone facili- ties, if provided, and pump control switches, shall be located in the control room. The use of skates or other artificial means of locomotion shall be prohibited. (3) No building shall be located within twenty-five (25) feet of any pump unless such building be of Type I, II or III con- struction as defined by the Uniform Building Code, or any other build- ing code hereafter adopted by the City of Bakersfield. Every pump shall be not less than ten (10) feet from any property line; provided, that adjacent streets or alleys may be considered as part of such ten (10) feet; and further provided, that 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) Not more than five (5) vehicles, within an undivided area of not to exceed one thousand six hundred square feet (1,600), and serviced from not more than three (3) adjacent islands in the area, shall be serviced by any one attendant at any one time. At the time any vehicle is being serviced in the area, the attendant in charge of the area shall be engaged in no activity other than attending the vehicle or vehicles being serviced. (6) There shall not be less than one (1) attendant, over the age of eighteen years 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 fire fighting appliances. 11. (7) 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. (8) Each pump shall be equipped with manually operated shut-off switch or lever which can be operated both at the pump or by remote control from the control room. (9) All filling nozzles shall be equipped with automatic control valves and/or vacuum-operated overflow check valves, or other valves or similar fixtures approved by the Chief of the Fire Department, and shall not be equipped with hold-open devices. (10) All pumps and/or facilities for delivery of gasoline shall be locked or other effective provisions shall be made to pre- vent public access to supplies of gasoline when the station operators, employees or authorized representatives are absent. During no time shall coin-operated self-service gasoline facilities be permitted. (11) There shall be installed and maintained in good working order on the premises of each station such portable hand fire extinguishers as may be directed by the Chief of the Fire Department. The extinguishers shall be located as directed by the Chief of the Fire Department. (12) "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. (13) No open flame devices shall be located or permitted within twenty-five (25) feet of any pump. (14) No combustible materials, except materials for cleaning glass, shall be stored or displayed within twenty-five (25) feet of any pump. 12. (15) No oily or greasy mops or rags shall be permitted to be stored within twenty-five (25) feet of any pump. (16) Class I and II flammable liquids shall be dispensed only into tanks of motor vehicles or into metal containers. The use of glass or other fragile containers for such liquids shall be prohibited. 14.04.200 Section 15.1101 Permit Required of the Uniform Fire Code is amended to read: A tank vehicle shall not be operated without a valid permit or certificate of compliance issued by the California State Fire Marshal. 14.04.210 Section 15.1102 Tank Vehicle Construction of the Uniform Fire Code is amended to read: Tank vehicles shall be designed, constructed, equipped and maintained in accordance with NFPA Standard #385, and the California Administrative Code, Title 19, Public Safety. 14.04.220 Section 26.117 Fire Drills is added to the Uniform Fire Code as follows: It shall be the duty of the Chief to require teachers of public, private and parochial schools and educational institutions to have one fire drill each month and to keep all doors and exists unlocked during school hours. 14.04.230 Section 27.101 Bonfires and Outdoor Rubbish Fires of the Uniform Fire Code is amended to read: (a) It shall be unlawful for any person to build, light, maintain, or cause or permit to be built, lighted, or maintained, any open or outdoor fire; use or cause or permit to be used, any fire for clearing land; burn or cause or permit to be burned, any brush, trash, rubbish, stubble, or other flammable or combustible material. (b) The above prohibition does not apply to: (1) Hospitals (2) Veterinarian hospitals (3) Mortuaries 13. (4) Crematoriums (5) Barbecue pits and fireplaces as long as such are not used for the disposal of rubbish (c) Excepting for barbecue pits and fireplaces, none of the above exceptions shall be applicable unless such burning is done in a multiple-chamber incinerator approved by the Air Pollution Control District. (d) The Chief may prohibit any and all bonfires and outdoor rubbish fires when atmospheric conditions or local circumstances make such fire hazardous. (e) The prohibition against burning specified above does not apply if such burning is in accordance with Rule 402 of Regulation IV of the Rules and Regulations of the Air Pollution Control District of Kern County, wherein the Chief of the Fire Department of the City of Bakersfield shall have the authority to issue permits for the burning operations listed under Rule 402. 14.04.240 Section 27.105(e) Types and Construction of Incinera- tors of the Uniform Fire Code is amended to read: Every incinerator shall be constructed and maintained in accordance with the require- ments of the Kern County Air Pollution Control District. 14.04.250 Section 27.112(b) Hours of Burning of the Uniform Fire Code is amended by adding paragraph 4 as follows: 4. All burning shall be done in accordance with Air Pollution Control Regulations and the regulation of the Bakersfield Fire Department. 14.04.260 Section 27.201 Accumulation of Waste Material of the Uniform Fire Code is amended by adding paragraph (d) as follows: (d) 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 inch (~") mesh shall be placed beneath such grating or slats so as to prevent rubbish from falling through. 14. 14.04.270 Section 27.203(c) Hazardous Storage of the Uniform Fire Code is amended to read: Where the storage or accumulation of combustible waste matter used in stores, apartment buildings, factories or other similar places is a hazard or menace of fire, said storage of such materials shall be removed at the close of each working day. 14.04.280 Section 27.204.5 Parade Floats is added to the Uniform Fire Code as follows: (a) All decorative materials used on or about parade floats shall be flameproof or noncombustible. (b) All electric wiring shall be of an approved type and shall be inspected by the City Electrical Inspector for approval of instal- lation prior to being obscured by decorative materials. (c) 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. (d) Gasoline, excepting that quantity contained in the fuel tank of the power generator, shall not be allowed on any float. (e) An All Class (A, B, C) fire extinguisher with a minimum rating of 2A-10BC, shall be provided for each float. 14.04.290 Section 27.205 Use of Open Flame or Light Restricted of the Uniform Fire Code is amended by adding paragraph (c) as follows: (c) All arc lights or incandescent lights in show windows shall be covered with globes 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. 14.04.300 Section 27.416 Streets, Alleys and Occupied Property is added to the Uniform Fire Code as follows: Owners and/or occu- pants of property in the City of Bakersfield shall maintain such property free of conditions likely to cause fire, extent of respon- sibility shall include the area between the center line of the street to the center line of the alley or easement and the property line on either side. 15. 14.04.310 Section 32.101 Scope of the Uniform Fire Code is amended to read: The provisions of this article shall apply only to nitro-cellulose film of any size or when ribbon-type motion picture film in excess of 7/8" width and electric arc projection or Xenon light projection equipment is used. SECTION 3. This ordinance shall become effective thirty days from and after the date of its passage. .......... 000 .......... 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 on the l?th day of January , 1977, by the following vote: CITY C~gP~_ and Ex ~fficio Clerk of the Council of the Cit-y of Bakersfield k.__~R of f~fhe City of Bakersfield APPROVED as to form: 'CITY ATTORNEY of~he City of Bakersfield 16. STATE OF CALIFORNIA, t County of Kern ss. H. E. BERGEN, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that oa ..............................~..a....n...~_~.~..~_..1...~ ............................................................19....~_~.. he posted on the Bulletin Board at the City Hail, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on .......... ~!.~...n..-u....a...~..Y..... ~ ...........................................19...7-~..., which ordinance was numbered ..........~7 ............ New Series, and entitled: AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING CHAPTERS 14.01 AND 14.04 OF THE MUNICIPAL CODE CONCERNING FIRE PREVENTION AND ADOPTING THE UNIFORM FIRE CODE, 1976 EDITION, WITH AMENDMENTS AS HEREINAFTER PROVIDED. Subscribed and sworn to before me this .~ ~!~.. day of .'~..~.'~?:~f .............. 19....~.~.