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Home My WebLink AboutORD NO 4474 ORDINANCE NO. 4 4 7 4 - - AN ORDINANCE ADDING CHAPTER 15.65 OF THE BAKERSFIELD MUNICIPAL CODE ADOPTING THE 2007 EDITION OF THE CALIFORNIA FIRE CODE WHEREAS, the 2007 edition of the California Fire Code regulates and governs the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, provides for the issuance of permits and collection of fees therefor; and WHEREAS, the City of Bakersfield desires to adopt the California Fire Code (CFC), 2007 edition, with amendments necessary to meet local conditions; and WHEREAS, the local amendments to the CFC are necessary due to local geologic, climatic and topographical conditions which exist in the City of Bakersfield which include conditions conducive to steep terrain, extremely high temperatures and dry conditions in the summer and extremely poor visibility due to Tule fog conditions in the winter; and WHEREAS, the City of Bakersfield is situated in the southern San Joaquin Valley which is surrounded by the Sierra Nevada Mountains on the east, the Coastal Range on the west, and the Tehachapi Mountains on the south and is subject to periodic seismic activity from earthquake faults associated with those geologic features; and WHEREAS, the City of Bakersfield typically exceeds temperatures of 90' F during the summer months of June, July, August, and September and during the winter months typically experiences a high percentage of poor visibility days from zero visibility to 300 feet; and WHEREAS, the high temperatures, along with dangerously low humidity in the summer, account for the extremely dry conditions related to fire spread and ignitability of fuel and the low visibility in the winter accounts for slower than normal responses and a slower than normal call for additional alarms when needed; and WHEREAS, the Bakersfield Fire Department has a basic engine company staffing level of three and this is considered the minimal response level for a structure response team based on OSHA regulations pertaining 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 C:\DOCUME-1 \kblair\LOCALS-1 \T em p\XPgrpwise\ 15.64-65.UnifFireCodeFnl.doc - Page 1 of 22 Pages -- ~ ~~K~1> C) ~. ;:.... - I-- rn _ r- (,) t:J ORIGiNAL WHEREAS, if the within ordinance is not adopted the City will automatically, by operation of law, be required to abide by the California Fire Code (CFC), without the amendments necessary to govern conditions unique to the City of Bakersfield; and WHEREAS, the failure to adopt such amendments as set forth in the within ordinance will cause great hardship in regulating fire protection aspects unique to the City of Bakersfield and thereby threaten the preservation of the public peace, health, and safety; and WHEREAS, the City Council does expressly find and determine that the changes and modifications to the 2007 CFC are reasonably necessary because of local geologic, climatic, and topographic conditions. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 15.65 of the Bakersfield Municipal Code is hereby added to read as follows: Chapter 15.65 UNIFORM FIRE CODE* 1. Adoption 15.65.010 Adoption of California Fire Code, 2007 Edition, and Appendices - amended 2. Deletions, Additions and Modifications 15.65.020 Appendix Chapter 1, Section 101.1 Title - amended 15.65.030 Appendix Chapter 1 , Section 102.2.1 Operational authority - added 15.65.040 Appendix Chapter 1, Section 103 Prevention Services Division - amended 15.65.045 Appendix Chapter 1, Section 103.1 General - amended 15.65.050 Appendix Chapter 1 , Section 104.10 Fire investigations - amended 15.65.060 Appendix Chapter 1, Section 104.12 Fire zones - added 15.65.070 Appendix Chapter 1, Section 104.13 Firearms - amended 15.65.080 Appendix Chapter 1, Section 105.6 Required operational permits - deleted sections 105.6.1, 105.6.3, 105.6.5, 105.6.6, 105.6.7, ",M~1> ~ <f' '" >- - I-- m - r- (,) t:J ORIGINAL C:\DOCUME-1 \kblair\LOCALS-1 \T emp\XPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 2 of 22 Pages -- 105.6.11, 105.6.12, 105.6.13, 105.6.15, 105.6.16, 105.6.17, 105.6.18, 105.6.19, 105.6.21, 105.6.22, 105.6.23, 105.6.24, 105.6.25, 105.6.27, 105.6.28, 105.6.31, 105.6.32, 105.6.33, 105.6.34, 105.6.35, 105.6.37, 105.6.38, 105.6.39, 105.6.40, 105.6.42, 105.6.44, 105.6.45, and 105.6.26; added sections 105.6.14.1 and 105.6.29.1; amended sections 105.6.10, 105.6.20, and 105.6.29. 15.65.090 Appendix Chapter 1, Section 105.7.1 Automatic fire-extinguishing systems - amended 15.65.100 Appendix Chapter 1, Section 105.7.4 Fire alarm and detection systems and related equipment - amended 15.65.110 Appendix Chapter 1, Section 108.3 Qualifications - amended 15.65.120 Appendix Chapter 1, Section 109.2.3 Prosecution of violations - amended 15.65.125 Appendix Chapter 1, Section 109.2.3.1 Administrative hearings - added 15.65.130 Appendix Chapter 1, Section 109.3 Violation penalties - amended 15.65.140 Appendix Chapter 1, Section 111.4 Failure to comply - amended 15.65.150 Appendix Chapter 1, Section 112 Pipeline setbacks - added 15.65.160 Appendix Chapter 1, Section 113 Local amendments - added 15.65.170 Appendix D, Section 0103.2 Grade - amended 15.65.180 Appendix D, Section D1 03.3 Turning radius - amended 15.65.190 Appendix D, Section D103.5 Fire apparatus access road gates - amended 3. Geographic limits on flammable storage 15.65.200 Section 3204.3.1.1 - amended 15.65.210 Section 3404.2.9.5.1 - amended 15.65.220 Section 3406.2.4.4 - amended 15.65.230 Section 3804.2 - amended C:\DOCUME-1 \kblair\LOCALS-1 \T emp\XPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 3 of 22 Pages -- ~",M~~ C) o,P", >- - I-- rn - r (,) b ORIG!NAL * Prior history: Prior code sections 14.01.010, 14.01.015, 14.08.010, 14.08.020, 14.08.040, 14.08.050, 14.12.010, 14.12.020, 14.12.030, 14.12.040, 14.16.020, 14.16.030, 14.20.010, 14.20.020. Ordinances 2610, 2758, 2769, 2786, 2909, 3048, 3232,3319,3696,4107,4195. 1. Adoption. 15.65.010 Adoption of the California Fire Code, 2007 Edition Except as hereinafter modified, that certain document, three copies of which are on file in the office of the City Clerk and Ex Officio of the Council of the City of Bakersfield being marked and designated as the California Fire Code, 2007 edition, including Appendix Chapter 1, 4, and Appendices B, C, D, E, F, and G (see California Fire Code, Appendix Chapter 1, Section 101.2.1, 2007 edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Bakersfield, in the State of California, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. 2. Deletions, Additions and Modifications. 15.65.020 Appendix Chapter 1, Section 101.1 Title - amended 101.1 Title. These regulations shall be known as the Fire Code of the City of Bakersfield, hereinafter referred to as "this code." 15.65.030 Appendix Chapter 1, Section 102.2.1 Operational authority - added Section 102.2.1 of the Fire Code, Operational authority, is added to read as follows: 102.2.1 Operational authority. The Fire Code shall be enforced by the fire agency with jurisdictional responsibility for the area as defined in the current memorandum of understanding between the city of Bakersfield and the county of Kern. Such enforcement shall be under the supervision of the chief of the fire department within such jurisdictional responsibility who shall detail or direct members of that agency's fire department in the enforcement of the Fire Code. C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 4 of 22 Pages -- ~ ",M~1> C) 0:;, ;:.... - I-- m r (,) 0 ORIGINAL 15.65.040 Appendix Chapter 1, Section 103 Prevention Services Division - amended Section 103 of the Fire Code, Department of Fire Prevention, is amended to read as follows: SECTION 103 PREVENTION SERVICES DIVISION 15.65.045 Appendix Chapter 1, Section 103.1 General - amended Section 103.1 of the Fire Code, General, is amended to read as follows: 103.1 General. The prevention services division is established within the jurisdiction under the direction of the fire code official. The function of the division shall be the implementation, administration and enforcement of the provisions of this code as well as the provisions of the California Health and Safety Code and California Code of Regulations related to the Certified Unified Program Agency (CUPA). 15.65.050 Appendix Chapter 1, Section 104.10 Fire investigations - amended Section 104.10 of the Fire Code, Fire investigations, is amended to read as follows: 104.10 Fire investigations. The arson investigation division shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law. 15.65.060 Appendix Chapter 1, Section 104.12 Fire zones - added Section 104.12 of the Fire Code, Fire Zones, is added to read as follows: 104.12 Fire Zones. Areas of the City of Bakersfield which represent residential, commercial and educational designations, according to the City of Bakersfield Planning Department Zoning Map, will be limited in the storage of flammable and combustible liquids as well as explosive and blasting agents. As follows: A. Dispensing of fuel from an approved above ground storage tank shall be limited to two thousand (2,000) gallons. B. All storage of blasting agents is prohibited in these areas. 15.65.070 Appendix Chapter 1, Section 104.13 Firearms - amended Section 104.13 of the Fire Code, Firearms, is amended to read as follows: C:\DOCUME-1 \kblair\LOCALS-1 \T emp\XPgrpwise\ 15.64-65. UnifFireCodeFnl.doc -- Page 5 of 22 Pages -- X '?;Ak~1> C) <J1 ;:.... '"\'\ t- -" _ m (,) r- t:J ORIGINAL 104.13 Firearms. Members of the fire department assigned to the arson investigation division and the deputy fire chief assigned as fire marshal are authorized to carry a loaded firearm on their person when acting as peace officers as defined in Section 830.37 of the California Penal Code, upon the written approval of the fire chief. 15.65.080 Appendix Chapter 1, Section 105.6 Required operational permits - amended; portions deleted 105.6 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Appendix Chapter 1, Sections 105.6.1 through 105.6.46. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.1 Aerosol products. 105.6.2 Amusement buildings. An operational permit is required to operate a special amusement building. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.3 Aviation facilities. 105.6.4 Carnivals and fairs. An operational permit is required to conduct a carnival or fair. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.5 Cellulose nitrate film. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.6 Combustible dust producing operations. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.7 Combustible fibers. Section 105.6.8 of the Fire Code, Compressed gases, is amended to read as follows: 105.6.8 Compressed gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Appendix Chapter 1, Table 105.6.8. Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle. ~ <pM~,p C) \.P. ;:.... ..,-, !:::: r' ,_.cc (,) t:J ORIGINAL C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 6 of 22 Pages -- TABLE 105.6.8 PERMIT AMOUNTS FOR COMPRESSED GASES TYPE OF GAS AMOUNT cubic feet at NTP 200 200 Corrosive An Amount 200 200 An Amount An Amount For SI: 1 cubic foot = 0.02832 m3. 105.6.9 Covered mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid- or gas-fired equipment in the mall. 3. The use of open-flame or flame-producing equipment in the mall. Section 105.6.10 of the Fire Code, Cryogenic fluids is amended to read as follows: 105.6.10 Cryogenic fluids. An operational permit is required to produce, store, transport on site, use, handle or dispense cryogenic fluids in excess of the amounts listed in Appendix Chapter 1, Table 105.6.10 or Chapter 6.95 of the California Health and Safety Code at Normal Temperature and Pressure (NTP). Exception: Permits are not required for vehicles equipped for and using cryogenic fluids as a fuel for propelling the vehicle or for refrigerating the lading. C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65. UnifFireCodeFnl.doc -- Page 7 of 22 Pages -- ~ ",AK~1> C) <f' ;:.... ~ I--- m <::5 r.; ORIGINAL TABLE 105.6.10 PERMIT AMOUNTS FOR CRYOGENIC FLUIDS TYPE OF CRYOGENIC FLUID Flammable Inert Oxidizin includes ox en Physical or health hazard not indicated above For SI: 1 gallon = 3.785 L The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.11 Cutting and welding. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.12 Dry cleaning plants. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.13 Exhibits and trade shows. 105.6.14 Explosives. An operational permit is required for the manufacture, storage, handling, sale or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 33. Exception: Storage in Group R-3 occupancies of smokeless propellant, black powder and small arms primers for personal use, not for resale and in accordance with Section 3306. Section 105.6.14.1 of the Fire Code, Fireworks, is added to read as follows: 105.6.14.1 Fireworks. An operational permit is required for the sale and use of safe and sane fireworks pursuant to Chapter 8.44 of the Bakersfield Municipal Code. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.15 Fire hydrants and valves. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.16 Flammable and combustible liquids. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.17 Floor finishing. C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 8 of 22 Pages -- ~ '?>Mt.-)> C) ~ >- ..- '= f!1 (,) 0 ORIG!~lAL The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.18 Fruit and crop ripening. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.19 Fumigation and thermal insecticidal fogging. Section 105.6.20 of the Fire Code is amended to read as follows: 105.6.20 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20 of this code, or pursuant to Chapter 6.11 of the California Health and Safety Code, or for any amount of hazardous waste. APPENDIX CHAPTER 1 2007 CALIFORNIA FIRE CODE 499 TABLE 105.6.20 PERMIT AMOUNTS FOR HAZARDOUS MATERIALS TYPE OF MATERIAL AMOUNT Combustible liquids See Section 105.6.16 Corrosive materials Gases See Section 105.6.8 Liquids 55 gallons Solids 500 pounds Explosive materials See Section 105.6.14 Flammable materials Gases See Section 105.6.8 Liquids See Section 105.6.16 Solids 100 pounds Highly toxic materials Gases See Section 105.6.8 Liquids Any Amount Solids Any Amount Oxidizing materials Gases See Section 105.6.8 Liquids Class 4 Any Amount Class 3 1 gallona Class 2 10 gallons Class 1 55 gallons Solids Class 4 Any Amount C:\DOCUME-1\kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65. UnifFireCodeFnl.doc -- Page 9 of 22 Pages -- ~ <OAI(~l'if- ;:.... .-r\ /--- - _ m <-) r~ t:J ORIGftJ!'\L' Class 3 10 poundsb Class 2 100 pounds Class 1 500 Dounds Organic peroxides Liquids Class I Any Amount Class II Any Amount Class III 1 gallon Class IV 2 gallons Class V No Permit Required Solids Class I Any Amount Class II Any Amount Class III 10 pounds Class IV 20 pounds Class V No Permit Required Pyrophoric materials Gases Any Amount Liquids Any Amount Solids Any Amount Toxic materials Gases See Section 105.6.8 Liquids 10 gallons Solids 100 pounds Unstable (reactive) materials Liquids Class 4 Any Amount Class 3 Any Amount Class 2 5 gallons Class 1 10 gallons Solids Class 4 Any Amount Class 3 Any Amount Class 2 50 pounds Class 1 100 Dounds Water-reactive materials Liquids Class 3 Any Amount Class 2 5 gallons Class 1 55 gallons Solids Class 3 Any Amount Class 2 50 pounds Class 1 500 Dounds For SI: 1 gallon = 3.785 L, 1 pound = 0.454 kg. C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 10 of 22 Pages -- ~ 'OA(€~ C) ,;"\ ;:.... -. ~- ill L> tl~j ORIGIW.L a. 20 gallons when Table 2703.1.1 (1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 20 gallons or less. b. 200 pounds when Table 2703.1.1(1) Note k applies and hazard identification signs in accordance with Section 2703.5 are provided for quantities of 200 pounds or less. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.21 HPM facilities. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.22 High piled storage. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.23 Hot work operations. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.24 Industrial ovens. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.25 Lumberyards and woodworking plants. 105.6.26 Liquid- or gas-fueled vehicles or equipment in assembly buildings. An operational permit is required to display, operate or demonstrate Iiquid- or gas-fueled vehicles or equipment in assembly buildings. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.27 LP gas. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.28 Magnesium. Section 105.6.29 of the Fire Code, Miscellaneous combustible storage, is amended to read as follows: C:\DOCUME-1 \kblair\LOCALS-1 \T emp\XPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 11 of 22 Pages -- X. ",AK~.-)> C) <f' >- .." I- m - r- (,) t:J OP.1GI~jAL 105.6.29 Miscellaneous combustible storage. An operational permit is required to store in any building or upon any premises in excess of 100 cubic feet of high density storage fixtures or 2,500 cubic feet (71 m3) gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, rubber, cork or similar combustible material. Section 105.6.29.1 of the Fire Code, Oil Wells, is added to read as follows: 105.6.29.1 Oil Wells. An operational permit is required to own, operate, maintain or drill an oil or natural gas well. The application for a permit to drill a well shall be accompanied by a plot plan drawn to scale or with dimensions showing all buildings and improvements within a radius of three hundred (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. 105.6.30 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be adhered to. Exception: Recreational fires. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.31 Open flames and torches. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.32 Open flames and candles. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.33 Organic coatings. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.34 Places of assembly. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.35 Private fire hydrants. 105.6.36 Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic special effects material. C:\DOCUME-1 \kblair\LOCALS-1 \T emp\XPgrpwise\ 15.64-65.UnifFireCodeFnl.doc - Page 12 of 22 Pages -- <- SAKt^ 0' '~ >- ~ f- [11 - r- o t:J ORIGIW\L The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.37 Pyroxylin plastics. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.38 Refrigeration equipment. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.39 Repair garages and motor fuel dispensing facilities. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.40 Rooftop heliports. 105.6.41 Spraying or dipping. An operational permit is required to conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders regulated by Chapter 15. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.42 Storage of scrap tires and tire byproducts. 105.6.43 Temporary membrane structures, tents and canopies. An operational permit is required to operate an air-supported temporary membrane structure or a tent having an area in excess of 200 square feet (19 m2), or a canopy in excess of 400 square feet (37 m2). Exceptions: 1. Tents used exclusively for recreational camping purposes. 2. Fabric canopies open on all sides which comply with all of the following: 2.1. Individual canopies having a maximum size of 700 square feet (65 m2). 2.2. The aggregate area of multiple canopies placed side by side without a fire break clearance of not less than 12 feet (3658 mm) shall not exceed 700 square feet (65 m2) total. 2.3. A minimum clearance of 12 feet (3658 mm) to structures and other tents shall be provided. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.44 Tire rebuilding plants. ~ 'Or..k~.-)> C>...O ~ f- m (.) r; ORiGlfJAL C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 13 of 22 Pages -- The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.45 Waste handling. The following section of the Fire Code is not adopted as part of this chapter and is deleted: 105.6.46 Wood products. 105.6.47 Additional Permits. In addition to the permits required by Appendix Chapter 1, Section 105.6, the following permits shall be obtained from the Prevention Services Division prior to engaging in the following activities, operations, practices or functions: 1. Production facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap parties. 2. Pyrotechnics and special effects. To use pyrotechnic special 3. Live audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 46. 15.65.090 Appendix Chapter 1, Section 105.7.1 Automatic fire- extinguishing systems - amended Section 105.7.1 of the Fire Code, Automatic fire-extinguishing systems is amended to read as follows: 105.7.1 Automatic fire-extinguishing systems. A construction permit is required for installation of or modification to an automatic fire-extinguishing system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. In buildings where a fully automatic sprinkler protection system exists, and where said buildings undergo remodeling and/or alterations or additions, the automatic sprinkler system shall be kept in good operable condition and be extended to include additions, area separation walls notwithstanding. In buildings where an automatic sprinkler system does not exist, and the floor area is increased twenty-five percent (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. 15.65.100 Appendix Chapter 1, Section 105.7.4 Fire alarm and detection systems and related equipment - amended Section 105.7.4 of the Fire Code, Fire alarm and detection systems and related equipment is amended to read as follows: C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65. UnifFireCodeFnl.doc -- Page 14 of 22 Pages -- ~ ~M.t~ C) \f ~ :-,\ I--- rn <:3 <''I OF:!G!rJ/'\L' 105.7.4 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. The fire code official shall require an approved automatic fire alarm system be installed in any occupancy with an occupant load of 300 or more or 100 or more sprinkler heads as an "other requirement" pursuant to Section 907.2 of this code. 15.65.110 Appendix Chapter 1, Section 108.3 Qualifications - amended Section 108.3 of the Fire Code, qualifications fluids is amended to read as follows: 108.3 Qualifications. The board of building and housing appeals for the city shall be designated as the board of appeals referred to in this code. 15.65.120 Appendix Chapter 1, Section 109.2.3 Prosecution of violations - amended Section 109.2.3 of the Fire Code, Prosecution of violations is amended to read as follows: 109.2.3 Prosecution of violations. When the chief finds any buildings, premises, vehicle, storage facility or outdoor area that is in violation of this code, the chief is authorized to issue administrative compliance orders requiring that the violation be corrected and imposing an administrative penalty, in accordance with the following: 1. In establishing a penalty amount and ordering that the violation be corrected pursuant to this section the chief shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator's past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or fire safety or the environment, the violator's ability to pay the penalty, and the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community. 2. All administrative penalties collected from actions brought by the chief pursuant to this section shall be deposited into a special account that shall be expended to fund the activities of the prevention services division in enforcing this code. 3. The chief shall consult with the district attorney, county counsel, or city attorney on the development of policies to be followed in exercising the authority delegated pursuant to this section as it relates to the authority of the chief to issue orders. EXCEPTION: This section does not do any of the following: C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65. UnifFireCodeFnl.doc -- Page 15 of 22 Pages -- ~ "M$,\, ()-',J\ ~ \~ f- a ORIG!~U,L 1. Otherwise affect the authority of the chief to take any other action authorized by any other provision of law, except the chief shall not require a person to pay a penalty pursuant to this section and pursuant to a local ordinance for the same violation. 2. Restrict the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law. 3. Prevent the chief from cooperating with or participating in a proceeding specified in paragraph (2). 15.65.125 Appendix Chapter 1, Section 109.2.3.1 Administrative hearings - added Section 109.2.3.1 of the Fire Code, Administrative hearings is added to read as follows: Section 109.2.3.1 Administrative hearings. Any person served with an order pursuant to section 109.2.3 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 hearing shall not stay the effect of the order as a whole pending a hearing decision. A decision issued pursuant to this section may be reviewed by a court pursuant to Section 11523 of the Government Code. In all proceedings pursuant to this section, the court shall uphold the decision of the chief if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not C:\DOCUME-1 \kblair\LOCALS-1 \T emp\XPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 16 of 22 Pages -- ~ 'i'JM~1' 2 ~~ f- m (.) l; OR!GIW\l stay any action required pursuant to section 109.2.3 or the accrual of any penalties assessed. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. 15.65.130 Appendix Chapter 1, Section 109.3 Violation penalties - amended Section 109.3 of the Fire Code, Violation penalties is amended to read as follows: 109.3 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand five hundred ($1500) dollars or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 15.65.140 Appendix Chapter 1, Section 111.4 Failure to comply - amended Section 111.4 of the Fire Code, Failure to comply is amended to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred fifty ($150) dollars or more than one thousand five hundred ($1500) dollars. 15.65.150 Appendix Chapter 1, Section 112 Pipeline Setbacks - added Section 112 of the Fire Code, Pipeline setbacks is added to read as follows: 112 PIPELINE SETBACKS 112.1 Pipeline setbacks. For purposes of this section High Pressure Transmission Line is a natural gas pipeline operating at two hundred and fifty pounds per square inch (250 psi) or greater. A gas main or transmission line is a natural gas pipeline operating at sixty pounds per square inch (60 psi) or less. 112.2 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. 112.3 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. C:\DOCUME-1 \kblair\LOCALS-1 \T emp\XPgrpwise\ 15.64-65. UnifFireCodeFnl.doc -- Page 17 of 22 Pages -- ~ '?>Mt'9 C) ~'\ ~ rn o D ORiGINAL 112.4 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. 15.65.160 Appendix Chapter 1, Section 113 - added Section 113 of the Fire Code, Local amendments to this code is added to read as follows: 113 LOCAL AMENDMENTS TO THIS CODE 113.1 Fire Area. For the purpose of this code, where the condition of "The fire area exceeds 12,000 square feet (1115 m2)" appears within Section 903.2 et seq. of this code, it shall be amended to read "The fire area exceeds 10,000 square feet (892 m2)" including, but not limited to B occupancies. 15.65.170 Appendix D, Section D 103.2 Grade. - amended Section D103.2 of the Fire Code, Grade is amended to read as follows: D103.2 Grade. Fire apparatus roads shall not exceed 7 percent in grade. EXCEPTION: Grades steeper than 7 percent as approved by the chief. 15.65.180 Appendix D, Section D103.3 Turning radius. - amended Section D103.3 of the Fire Code, Turning radius is amended to read as follows: D103.3 Turning radius. The minimum turning radius shall be 37 feet. 15.65.190 Appendix D, Section D103.5 Fire apparatus access road gates- amended Section D103.5 of the Fire Code, Fire apparatus access road gates is amended to read as follows: D103.5 Fire apparatus access road gates. Gates securing the fire apparatus roads shall comply with all of the following criteria: 1. The minimum gate width shall be 20 feet (6096 mm) and a minimum vertical clearance of thirteen (13) feet six (6) inches is required when the gate is at full open position. Where there is more than one gate and two or more driveways separated by islands, a minimum horizontal clearance of fifteen (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. C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 18 of 22 Pages -- ~ ",AK~.-)> C) <E., .::.- - I-- [T1 - r- o 0 OR:G!iJ;L 2. Gates shall be of the swinging or sliding type. 3. Construction of gates shall be of materials that allow manual operation by one person. 4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. All new construction of access gates shall be equipped with an automatic opening device which is activated through the wireless activation system utilized on City of Bakersfield owned vehicles for traffic preemption. Installation and maintenance of the wireless activation system on access gate( s) shall be completed by the gate owner. The gate opening device shall have a disconnect feature for manual operation of the gate when the power fails. 6. Manual opening gates shall not be locked with a padlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the key(s) to the lock is installed at the gate location. 7. Locking device specifications shall be submitted for approval by the fire code official. 8. A minimum driveway length to the gate from the flow line of the public street shall be fifty (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. 9. Driveway turn radii shall be the same as for fire lanes as set forth in Section D103.3 of this code. 3. Geographic limits on flammable storage The geographic limits referred to in certain sections of the 2007 California Fire Code are hereby established as follows: 15.65.200 Section 3204.3.1.1 - amended Section 3204.3.1.1 of the Fire Code, Geographic limits on flammable cryogenic fluids storage is amended to read as follows: Section 3204.3.1.1 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): areas of the City of Bakersfield which C:\DOCUME-1 \kblair\LOCALS-1 \T emp\xPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 19 of 22 Pages - ~. ~M~~ C) '<. 'JI ;:.... -n I-- F1 - ,-- (,) t-J OP.!GfWJ represent residential, commercial and educational designations according to the City of Bakersfield Planning Department Zoning Map. 15.65.210 Section 3404.2.9.5.1 - amended Section 3404.2.9.5.1 of the Fire Code, Geographic limits on Class 1 and!! liquid storage outside buildings is amended to read as follows: Section 3404.2.9.5.1 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): areas of the City of Bakersfield which represent residential, commercial and educational designations according to the City of Bakersfield Planning Department Zoning Map will be limited in the storage of flammable and combustible liquids as follows: A. Dispensing of fuel from an approved above ground storage tank shall be limited to two thousand (2,000) gallons tank capacity. 15.65.220 Section 3406.2.4.4 - amended Section 3406.2.4.4 of the Fire Code, Geographic limits on Class I and !! liquid storage is amended to read as follows: Section 3406.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited): areas of the City of Bakersfield which represent residential, commercial and educational designations according to the City of Bakersfield Planning Department Zoning Map will be limited in the storage of flammable and combustible liquids as follows: A. Dispensing of fuel from an approved above ground storage tank shall be limited to two thousand (2,000) gallons tank capacity. 15.65.230 Section 3804.2 - amended Section 3804.2 of the Fire Code, Geographic limits on liquefied petroleum gas storage is amended to read as follows: Section 3804.2 (geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): areas of the City of Bakersfield which represent residential, commercial and educational designations according to the City of Bakersfield Planning Department Zoning Map will be limited in the storage of liquefied petroleum gases. C:\DOCUME -1 \kblair\LOCALS-1 \T emp\XPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 20 of 22 Pages -- <<. "Ak,c.- C) '-1><.1' .:>... 'l\ t- m o r; OP.!G!W\l SECTION 2. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Bakersfield hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3. This Ordinance shall be posted in accordance with the provISions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. --00000-- C:\DOCUME-1 \kblair\LOCALS-1 \T emp\XPgrpwise\ 15.64-65.UnifFireCodeFnl.doc -- Page 21 of 22 Pages -- ~ '\!> AI{ $",~ ~C) '~~ t- h1 (,) /,; OR!G!W'I 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 NOV 0 7 2007 by the following vote: ~0 N ES: ABSTAIN: ABSENT: /',/' ./ / V" ..,/ COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH HANSON, SULLIVAN, SCRIVNER COUNCILMEMBER ~ COUNCILMEMBER r\h'NL. COUNCILMEMBER \NeAr'" ~~ 1'1 PAMELA A. McCAR , CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED: NOV 0 7 2001 " F APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY By ~ ~ -k,r MICHAEL RICHARDS Deputy City Attorney ~ <oAK~/;> C) '0' ;:.... -<I ~ i'Ti (..) c:; OR/GINAL 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 8th day of NOVEMBER, 2007 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4474 ,passed by the Bakersfield City Council at a meeting held on the 7th day of October. 2007 and entitled: AN ORDINANCE ADDING CHAPTER 15.65 OF THE BAKERSFIELD MUNICIPAL CODE ADOPTING THE 2007 EDITION OF THE CALIFORNIA FIRE CODE. PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield BY:~~ DEPUTY City Clerk S:\DOCUMENT\FORMSIAOP .ORD.wpd 11/6/2007 ~ ~AK~1> C) ~ ;:.... - t:: ~ (,) 0 OR!GliJ/\L -.., ..", ORDINANCE NO.~ POSTED ON o by City lerk's Office City of Bakersfield by ~ AN ORDINANCE ADDING CHAPTER 15.65 OF THE BAKERSFIELD MUNICIPAL CODE ADOPTING THE 2007 EDITION OF THE CALIFORNIA FIRE CODE WHEREAS, the 2007 edition of the California Fire Code regulates and govems the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, provides for the issuance of permits and collection of fees therefor; and WHEREAS, the City of Bakersfield desires to adopt the Califomia Fire Code (CFC), 2007 edition, with amendments necessary to meet local conditions; and WHEREAS, the local amendments to the CFC are necessary due to local geologic, climatic and topographical conditions which exist in the City of Bakersfield which include conditions conducive to steep terrain, extremely high temperatures and dry conditions in the summer and extremely poor visibility due to Tule fog conditions in the winter; and WHEREAS, the City of Bakersfield is situated in the southem San Joaquin Valley which is surrounded by the Sierra Nevada Mountains on the east, the Coastal Range on the west, and the Tehachapi Mountains on the south and is subject to periodic seismic activity from earthquake faults associated with those geologic features; and WHEREAS, the City of Bakersfield typically exceeds temperatures of 90' F during the summer months of June, July, August, and September and during the winter months typically experiences a high percentage of poor visibility days from zero visibility to 300 feet; and WHEREAS, the high temperatures, along with dangerously low humidity in the summer, account for the extremely dry conditions related to fire spread and ignitability of fuel and the low visibility in the winter accounts for slower than normal responses and a slower than normal call for additional alarms when needed; and WHEREAS, the Bakersfield Fire Oepartment has a basic engine company staffing level of three and this is considered the minimal response level for a structure response team based on OSHA regulations pertaining 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 C:\DOCUME-1\kblair\LOCALS-1\T emp\XPgrpwlse\ 15.64-65.UnifFireCodeFnl.doc - Page 1 of 22 Pages - X. "M t1> C) ~ >- -- f- rn _ ,-- o 0 OPIGlrl!lL