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HomeMy WebLinkAbout09/01/1992 VZCE MAYOR REFERRAL (PROPOSED ORDZNANCES ONLY) DATE OF REFERRAL: SeptemBer 1, 1992 REFERRED TO: URBAN DEVELOPMENT COMMITTEE (JACK HARDISTY) ITEM: AMENDMENT TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM FIRE CODE. BACKUP MATERIAL ATTACHED: YES STATUS: TO COUNCIL COMMITTEE ON COMMITTEE REPORT NO. SENT TO COUNCIL ON PUBLIC HEARING ON ORDINANCE ADOPTED (DATE) PROPOSED ORDINANCE CANCELED (DATE) OTHER PLEASE RETURN TO JEAN IN THE CITY MANAGER'S OFFICE WHEN COMPLETED. cc: Honorable Mayor and City Council City Manager City Attorney City Clerk REFER92.5 City Atteyney.'~ffice Extension #3721 F--or youJ/'information RE~ARKS return to me For your information For your handling Let's discuss Investigate Approval , Please Advise Your File July 8, 1992 TO: VICE-MAYOR KEVIN McDERMOTT FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY~ SUBJECT: AMENDMENT TO CHAPTER 15.64 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM FIRE CODE Please refer the following proposed ordinance amendment to whichever committee you deem appropriate: ~' AMENDMENT TO CHAPTER 15.64 RELATING TO T~E UNIFORM FIRE COD~.  Background: This ordinance will adopt the 1991 Uniform Fire Code, its appendices and the Uniform Fire Code Standards subject to deletions, modifications and additions by the Bakersfield Fire Department--and-Haza-rdous Ma~er~i~t-s~Div~sien~- ........ 1992 CITYMANAGER'S OFFICE Attachment cc: Stephen D. Johnson, Fire Chief M6A:~p 0RDINANCE\FIRECODE. VM MEMORANDUM July 8, 1992 TO: VICE-MAYOR KEVIN McDERMOTT FROM: LAWRENCE M. LUNARDINI, CITY ATTORNEY~F~/ SUBJECT: AMENDMENT TO CHAPTER 15.64 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE UNIFORM FIRE CODE Please refer the following proposed ordinance amendment to whichever committee you deem appropriate: ~' AMENDMmIT TO CHAPTER 15.64 RELATING TO TM~ UNIFORM FIRE CODE.  Background: This ordinance will adopt the 1991 Uniform Fire Code, its appendices and the Uniform Fire Code Standards subject to deletions, modifications and additions by the Bakersfield Fire Department and Hazardous Materials Division. AU6 1_ 1992 CITY MANAGER'S OFFICE Attachment cc: Stephen D. Johnson, Fire Chief ~A:~ 0~INANCE\FIRECODE. ~ Chapter 15.64 UNIFORM FIRE CODE Sections: I. Adoption 15.64.010 Adoption of Uniform Fire Code, 1991 EditiOn, Appendices and the Uniform Fire Code Standards. II. Deletions, Additions and Modifications 15.64.020. Appendix Chapters II-E, II-F, and VI-C deleted. 15.64.022 Appendix Chapter I-A, amended--Existing buildings. 15.64.025 Appendix Chapter III-A(6) added. 15.64.030 Appendix Chapter III.-B(6) added. 15.64.032 Appendix Chapter VI-D, Table 5-A, amended-- Nurseries and nursing homes. 15.64.035 Section 2.303--Board of Appeals--deleted. 15.64.040 Section 4.104(a) and (b) added-jInspection required. 15.64.050 Section 13.301--Fire drills--exception added. 15.64.060 Section 31.104 amended--Tire buffing rooms. 15.64.070 Article 33 amended--Cellulose nitrate motion picture film. 15.64.080 Section 33.101 amended--Scope. 15.64.090 Section 33.102 amended--Permit required. 15.64.100 Section 33.104 amended--Storage of film. 15.64.110 Section 74.107(a) amended--Securing of c~linders. 1~.64.120 Section 78.103(a)(2) amended--Manufacture, sale and discharge of fireworks. 15.6'4.130 Section 78.103(c) added--Manufacture, sale an~ discharge of model rockets. 15.64.140 Section 10.207 added--Fire lanes. 15.64.150 Section 10.501(d) added--installation. 15.64.160 Section 10.402(b) added--Water supply. 15.64.170 Section 79.902(c)(5) amended--Special enclosures. 15.64.180 Section 79.903(f)(1)(A) added-~Supervision. 15.64.200 Section 79.903(2)(A) amended--Nozzles. 15.64.205 Section 79.903(j)amended--Special-type dispensers. 15.64.210 Section 79.903(k) added--Self-service gasoline stations. 15.64.220 Reserved. 15.64.230 Reserved. 15.64.240 Section 11.201 amended--Bonfires and outdoor rubbish fires. 15.64.250 ReServed. 15.64.260 Section 11.203(d) added--Hours of burning. 15.64.270 Section 11.303(g) added--Accumulation of waste material. 15.64.280 Section 11.302(a) amended--Rubbish within and adjacent to buildings and strUctures. 15.64.290 Section 11.304 amended--Parade floats. 15.64.300 Section 11.405 amended-'Use of open flame or light restricted. 15.64.310 Section i1.604 added--Streets, alleys and occupied property. 15.64.320 Section 10.204(g) added--Security, private street and vehicle access gates. 15.64.330 Section 10.507(c) amended--Group A occupancies. 15.64..340 Section 80.140 amended--Release of hazardous materials. 15.64.342 Reserved. 15.64.345 Section 80.301(d)amended--Signage. 15.64.347 Article 82, Table No. 82-104-A amended. III. Duties and Organization of Fire Safety Control Division 15.64.350 Duty to enforce code--Operational authority. 15.64.360 Fire'Safety Control Division. 15.64.370 Arson investigation. 15.64.380 Assuming duties of peace officers. 15.64.390 Carrying firearms. IV. Fire Zones 15.64.400 Establishment of fire zones. 15.64.410 Section 79.502(a) added--Above-grOund.storage of fl~,able or combustible liquids. 15.64.420 Prohibition of bulk storage or liquefied petroleum gases. 15.64.430 Prohibition of storage of explosives and blasting agents. .V. Appeals from Uniform Fire Code 15.64.440 Board of appeals--Created. 15.64'450 Board of appeals--Duties. 15.64.460 Procedures. VI. Violation--PenaltY 15.64.470 What constitutes violation. 15.64.480 Violation--Penalty. 3 I. Adoption 15.64.010 Adoption of Uniform Fire Code, 1991 Edition, Appendices and the Uniform Fire Code Standards. Except as hereinafter modified, that certain Fire Code known as the "Uniform Fire Code, 1991 Edition (U.F.C.)," appendices thereto, and the uniform Fire Code Standards sponsored and copyrighted by the Western Fire Chiefs Association and the International Conference of Building Officials, three copies of which are filed in the office of the city clerk for use and examination by the public, and each portion and provision thereof, are adopted by reference as modified and amended in this title and is declared to be the fire prevention code of the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion within the incorporated limits of the city. ' II. Deletions, Additions and Modifications 15.64.020 Appendix Chapters II-E, II-F and VI-C deleted. Appendix Chapters II-E, II-F and VI-C of ~he Uniform Fire Code, 1991 Edition, are deleted from said code as adopted by this chapter. 15.64.022 Appendix Chapter I-A amended--Existing buildings. 'Appendix Chapter I-A, Existing Buildings, is hereby amended to adopt the modifications as set forth in Bakersfield Municipal .Code section 15.12.210. 15.64.025 Appendix. Chapter III-A(6) added. In setting the requirements for fire flow, the Fire Department may also be guided by provisions in Insurance ServiCes Office (I.S.O.) or by approval of the Chief. 15.64.030 'Appendix Chapter III-B(6) added. Ail fire hydrant locations and distribution shall also Comply with Insurance Services Office (I.S.O.) or by approval of the Chief. 15.64.032 Appendix Chapter VI-D, Table 5-A amended-- Nurseries and nursing homes. Appendix Chapter VI-D and Table 5-A are amended to read as follows: Division 1. Nurseries for the full-time care of children under the age of six,(6) each accommodating more than six (6) persons. · Hospitals, sanitariums, nursing homes .with nonambulatory patients and similar buildings (each accommodating more than six,(6) persons). Division 2. Nursing homes for ambulatory patients, homes for children six (6) years of age or over (each accommodating more than six (6) persons). ~ 15.64.035 Section 2.303--Board of Appeals--deleted. 15.64.040 Section 4.104(a)'and (b) added--Inspection required. Section 4.104, 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 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. (b) As used in this section, "unique or unusual c~rcumstances include new or novel technology, processes, -products, facilities, materials and uses. 15.64.050 Section 13.301--Fire drills--exception added. Section 13.301, Fire Drills, of the Uniform Fire Code is amended to add the following exception: EXCEPTION: Per California Administrative~Code title 19, chapter 1, article 3, sectiOn 3.13, a fire drill shall be held at the secondary school level not less than twice every school year. 15.64.060 Section 31.104 amended--Tire buffing rooms. Section 31.104, Tire Buffing Rooms, of the Uniform Fire Code is amended to read: Buffing machines shall be located in rooms separated from other areas as required by the Building Code. Each machine shall be connected to an ample dust collecting 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 of an inch (3/4") in diameter. 15.64.070 Article 33~amended--CellUlose nitrate motion picture film. Article 33, entitled Cellulose Nitrate Motion Picture Film, of the Uniform Fire Code is amended to read: Cellulose Nitrate Film. 15.64.080 Section 33.101 amended--Scope. Section 33.101, 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. 15.64.090 Section 33.102 amended--Permit required. Section 33.102, 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 film without 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. 15.64.100 Section 33.104 amended--Storage of film. Section 33.104, 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 (200 standard rolls) shall be kept in approved cabinets or in'vaults. (b) Amounts in excess of 1,000 pounds (200 standard rolls) shall be kept'in vaults. (c) '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. 15.64.110 ' Section 74.107(a) amended--SecUring of cylinders. Section 74.107(a), Securing of Cylinders, of the Uniform Fire Code is amended to read: (a) Ail 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 metal safety chains of suitable size or other restraining methods approved by the Bureau of Fire Prevention. EXCEPTION: Compressed gas cylinders in the process of examination, servicing and refilling are exempt from the section. 15.64.120 Section 78.103(a)(2) amehded--Manufacture, sale and discharge of fireworks. Section 78.103(a)(2), Manufacture, Sale and Discharge of Fireworks,.of the Uniform Fire Code is amended to read: Except as hereinafter provided, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale or sell at retail any fireworks and to use or explode any fireworks other than safe and 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 safe and sane fireworks (see Chapter 8.44 of this Code), without having'first obtained a permit to do so from the City of Bakersfield. The Fire Chief shall have power to adopt reasonable rules and regulations for the granting of such permits. Every such use or display shall be handled by a competent operator, licensed by the State Fire Marshal's office, and shall be of such character and so 7 located, discharged or fired so as' not to be hazardous to property or endanger any person. 15.64.130 Section 78.103(c) added--Manufacture, sale and discharge of model rockets. Section 78.103(c), Manufacture, Sale and Discharge of Model IRockets, of the Uniform Fire Code is amended by adding paragraph (c) to read as follows: (c) Nothing. in this Article shall be construed to prohibit possession and use of model rocket engines as they are defined and regulated under the provisions of California Administrative Code, title 19, chapter 6, article 17 (sections 1023-1042)' The possession and use of model rockets and model rocket engines shall be pursuant to a permit issued by the Chief under such rules and regulations as he may adopt in accordance with the provisions of California Administrative Code. 15.64.140 Section 10.207 added--Fire lanes. Section 10.207, Fire Lanes, is added to the Uniform Fire Code as follows: (a) Fire lanes shall be provided along the front of all shopping complexes and all other buildings other than dwellings when any Part of said complex or building is more than one hundred fifty (150) feet from a public street. (b) Fire lanes shall be located as determined by the Chief, and shall not be less than twenty (20) feet in width, with turning radiuses of not less than twenty-five (25) feet in width, and shall have a clear height of not less than thirteen feet, six inches (13' 6")' (c) Fire lanes shall be maintained clear at all times Without exception. It shall be unlawful for any person to impair or block such fire lanes by vehicle parking or placing any other obstruction therein. Any person violating this section is guilty of an infraction. (d) Fire lanes shall be identified in such a manner so as to leave no doubt as to their existence and intended purpose. Identification shall be by means of signs being located, along the entire length of the fire lane and shall be placed not more than one hundred (100) feet apart. Where deemed necessary by the Chief, 'the signs Sh~ll be supplemented by diagonal yellow stripes being painted on the required width of the fire lane. Stripes shall be a minimum of four (4) inches in width, and the curb shall be painted red. 8 (e) Fire lanes shall be constructed in accordance with specifications set forth by'the Bakersfield Fire Department. 15.64.150 Section 10.501(d) added--Installation. Section 10.501(d), Installation, is amended by adding paragraph (d) as follows: (d) In areas within the City of Bakersfield designated by the Fire Chief as having an insufficient water supply system for the purposes of fire protection, the following regulations shall, apply notwithstanding any other provision of the Municipal Code. 1. These regulations shall apply only to single- family residential development (detached, individual dwellings) in such designated areas, whether as a subdivision as defined in Title 16 of the Municipal Code, or construction on one or more lots, of single-family residential structures and accessory structures thereto. 2. Developers shall submit a site development and building plan, showing the exact proposed location of structures on.each lot, materials and elevations, together with a diagram showing all structures on all adjoining lots as to location, materials and.elevations. Such plans and diagrams shall be reviewed and approved by the Fire Chief prior to.the issuance by the Building Official of any building permit. 3. Roofs of all structures with one hundred (100) to two hundred (200) feet separation from any other structure shall be of materials listed by.Underwriters Laboratories, Inc., as Class A, B or C - Prepared Roof Coverings. A minimum separation of one hundred (100) feet shall be maintained between the exterior walls of all structures so constructed. The exterior walls of all such residential and accessory structures shall be located no closer than fifty ~(50) feet from property lines; provided, however, if 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 from the exterior wal~ls 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 9 such property lines are adjacent to streets or alleys, and in any event, no closer than fifty (50) feet~ 5. Ail separations required in paragraph (g) Shall be maintained until such time as a sufficient water supply for fire protection is on site, and approved by the Fire Chief. · 6. Ail. combustibles located outside of buildings, · including fencing, palm trees, wood, weeds, brush,~hay, and similar improvements and materials, shall at all times be kept clear of all buildings and structures at a distance of one hundred (100) feet. 7. The fire chief may also approve plans and diagrams required by paragraph 2., showing separations of structures and required setbacks from property lines which vary from the requirements set forth in'paragraphs 3. and 4., if the owner of the land adjoining the applicant's land has executed and recorded in the office of the recorder of Kern County, in accordance with all of the provisions of Section 1468 of the'California Civil Code, a written instrument containing a covenant or covenants with the applicant to refrain from constructing any building or structure on his lot closer than a stated distance from his property line adjoining that of the applicant. Thereupon, the applicant may build in accordance with.and up to the setbacks established for.an R-1 Zone if the distance'or distances stated in such covenant would otherwise permit, in accordance with and subject to the required separations established in this section. 8. Building permits may be denied any applicant whose construction on his own lot would prevent construction of any residential dwelling or accessory structure by an adjacent property owner due to inadequate separation of structures. In cases where these alternatives to sufficient water supply are properly utilized and when maps pertaining thereto are recorded, these requirements shall accompany and be recorded contemporaneously therewith. 15.64.160 Section 10.402(b) added--Water supply. Section 10.402(b), Water Supply, is added.to the Uniform Fire Code as follows: 1. It shall be the duty of any person, supplying water to the City of Bakersfield and its inhabitants through hydrants located upon streets, alleys or public places within the City of Bakersfield, whenever by reason of repairs or work, or from any cause the water is to be turned 10 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 ~he use of the Fire Department. Any person, having charge or control of any pipe or hydrants, in doing or ordering work done in or upon the same who shall violate any provision of this section shall be guilty of a misdemeanor. 3. It shall be unlaWful for any driver of any vehicle to drive or cause to be.driven over any hose while said hose is being used by the Fire Department. 15.64.170 Section 79.902(c)(5) amended--Special enclosures. Section 79.902(c)(5), Special Enclosures, of the Uniform' Fire Code is amended to read: (c)(5) Tanks containing Class I, II or III-A liquids shall not exceed two thousand (2,000) gallons individual or four thousand (4,000) gallons aggregate. 15.64.180 Section 79.903(f)(1)(A) added--Supervision. Section 79.903(f)(1)(A), Supervision, of the Uniform Fire Code is added to read: (f)(1)(A) Approved special dispensing devices such as, but not limited to, remote preset types ale permitted at service stations provided that emergency controls are installed and are operational at a location acceptable to the Chief of the Fire Prevention Bureau, and except at membership or account-only service stations the dispensing of Class I liquids is under the obserVation and control of a competent attendant at all times. 15.64.200 Section 79.903(2)(A) amended--Nozzles. Section 79.903(2)(A), Nozzles, of the Uniform Fire Code is amended to read: (2)(A) The hose nozzle valve shall not be equipped with an integral latch open device. 15.64,205 Section 79.903(j) amended--Special-type dispensers. Section 79.903(j) of the Uniform Fire Code is hereby amended to read as follows: (j) Special-type Dispensers. Approved'special dispensing systems, such as but not limited to remote preset types (coin-operated dispensing systems are specifically prohibited), are allowed at motor vehicle fuel-dispensing stations, provided there is at least one qualified attendant on duty while the station is ope~ to the public, and: 15.64.210 Section 79.903(k) added--Self-service gasoline stations. Section 79.903(k), 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, partnerships, corporations, unincorporated associations, and any combination of persons, by whatever name designated. 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 obtaining a permit to do so from the Chief'of the Fire Department. Applications 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 12 pertinent information regarding the facilities and manner of operation of said station as may be required by the Chief of th~ Fire Department. Any person now operating or maintaining a self-service station shall obtain a permit, and except as herein otherwise provided, shall comply with all 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: '~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 permit have 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. Upon receiving notification of permit revocation, the holder of said permit shall return same immediately to the chief of the fire department or shall turn said permit over to any representative of the fire department who ~· demands it'. Failure to comply constitutes a misdemeanor. (d) 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 (1) of the two (2) 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 13 is located. Pumps shall not be located on'more than three (3) sides of the control room.· This section shall have no application to a self-service station operated or maintained as such on the effective date'of this chapter, except that any alterations or additions hereafter made to the station shall conform to this section. 2. Telephone facilities, if and when available, shall be provided on the premises of the station. Telephone facilities, 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 construction as defined by the Uniform Building Code, or any other building code hereafter adopted by the 'City of Bakersfield. Every pump shall be not less than ten (10) feet from any property line; 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 (1,600) square feet, and serviced from not more than three (3) adjacent islands in the .area, shall be serviCed by any one (1) 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 be not less than one (1) attendant, over the age of eighteen (18) 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. 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. 14 8. E&ch 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 prevent public access to supplies of gasoline when the station operators, employees or authorized representatives are absent. At no time shall coin-operated self-service gasoline facilities be permitted. 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. 15. No oily or greasy mops, brooms, towels or rags shall be stored within twenty-five (25) feet of any pump. 16. Class I and II flammable liquids shall be dispensed onl~ into tanks of motor vehicles or into metal Containers constructed and intended for this purpose. The use of glass or other .fragile containers for such liquids is prohibited. 15.64.220 Reserved. 15.64.230 Reserved. i5.64.240 Section 11.201 amended--Bonfires and outdoor rubbish fires. Section 11.201, 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 cleaning land; burn or cause or permit to be burned any brush, trash, rubbish, stubble or other flammable or combustible material. (b) The above prohibition does not apply to: 1. Hospitals 2. Veterinarian hospitals 3. Mortuaries 4. Crematoriums 5, Barbecue pits and fireplaces as long as suCh are not used for the disposal of rubbish. (c) Excepting for barbecue pits and fireplaces, none of the above exceptions shall be applicable unless such burning is done in a~multiple-chamber incinerator approved by the Air Pollution Control District. (d) The Chief may prohibit any and all fires when atmospheric Conditions or local circumstances' m~ke such fires hazardous. (e) The prohibition against burning specified abo~e does not apply if such burning is in accordance with Rule 402 of Regulation IV of the Rules and Regulations of the Air Pollution Control District of Kern County, wherein the Chief of the Fire Department of the City of Bakersfield shall have the authority to issue permits for the burning operations listed under Rule 402. 15.64.250 Reserved. 15.64.260 Section 11.203(d) added--Hours of burning. .Section 11.203(d), Hours of Burning, of the Uniform Fire Code is amended, by adding the following: All such burning is done in accordance with Air Pollution Control Regulations and the regulations of the Bakersfield Fire Department. 16 15.64.270 'Section 11.303(g) added--Accumulation of waste material. Section 11.303(g), Accumulation of Waste Material, of.the Uniform Fire Code is amended by adding paragraph (g) as follows: (g) 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 (1/2") mesh shall be placed beneath such grating .or slats,so as'to prevent rubbish from falling through. 15.64.280 Section 11.302(a) amended--Rubbish within and adjacent to buildings and structures. Section 11.302(a), Rubbish Within and Adjacent to Buildings and Structures, of the Uniform Fire Code .is amended to read: Combustible rubbish kept or accumulated within or. adjacent to buildings or structures shall be stored in approved containers or in rooms or vaults constructed of non-combustible materials. Oily rags and similar materials shall be stored in metal, metal-lined or other,approved containers equipped with tight-fitting covers. Combustible rubbish shall be removed from buildings at the close of each working day. 15.64.290 Section 11.304 amended--Parade floats. seCtion 11.304, Parade Floats, of the Uniform Fire Code is. amended to read as follows: (a) All decorative materials used on or about parade floats shall be flameproof or noncombustible. (b) All electric wiring shall be of an approved type and shall be inspected by the City Electrical Inspector' for approval of installation 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) A fire extinguisher with a minimum rating of 2A- 10BC shall be provided for and at an accessible location on each float. 17 15.64.300 Section 11.405 amended--Use of open flame or light restricted. Section 11.405, Use of Open Flame or Light Restricted, of the Uniform Fire Code is amended by adding paragraph (c) as follows:. (c) Ail 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. 15.64.310' Section 11.604 added--Streets, alleys and occupied property. Section 11.604, Streets, Alleys and Occupied'Property, is added to the Uniform Fire Code as follows: Owners and/or occupants of property in the City of Bakersfield shall maintain such property free of conditions likely to cause or propagate fire; extent of responsibility shall include the areas between property lines of the property and to the centerlines of adjacent alleys, easements and streets. 15.64.320 Section. 10.204(g) added--Security, private street and vehicle access gates. Section 10.204(g), Security, Private Street and Vehicle Access Gates, is added to the Uniform Fire Code as follows: The following regulations and specifications shall apply to Security, Private Street and Vehicle Access Gates: i. .Sliding or swinging gates 'shall provide a minimum horizontal clearance of 15'-0" and a minimum vertical clearance of 14'-0" when gate is at the fuI1 open position. Horizontal distance shall be measured perpendicular to the direction of travel on the driveway. Vertical distance shall be measured from the highest elevation of the driveway to the lowest overhead obstruction. 2. A firebox enclosure with an override switch to open the gate shall be installed at each gate control box location. The firebox shall be installed on the gate control pedestal or on the gate control box. The firebox shall be a N.E.M.A.o type 3R raintight cabinet with a standard key lock. Standard key lock shall be approved-by the City of Bakersfield Fire Department prior to installation. The override switch shall be mou~ted on a deadfront switchboard. 3. All electrical equipment for use in a firebox shall conform to Section 86-1.02, "Regulations and Code~,'' of the standard specifications, State of California, Business and Transportation Agency, Department of Transportation, current edition. 4. The gate operating device shall have a disconnect feature for manu~l operation of the gate when the power fails. 5. A minimum driveway length to the gate from the flow line of the public street shall be fifty (50) feet for developments of twenty (20) units or less. For each increment of twenty (20) Units thereafter, an additional twenty (20) feet of storage length for waiting vehicles. shall be added to the driveway length. 15.64.330 Section 10.507(c) amended--Group A occupancies. Section 10.507(c), Group A Occupancies, is hereby amended to adopt the modifications as set forth in Bakersfield Municipal Code section 15.12,200. 15.64.340 Section 80.104, amended--Release of hazardous materials. Section 80.104, Release of Hazardous Materials, of the Uniform Fire Code is amended by adding paragraph (.a) to read as follows: Hazardous materials shall be stored in such a manner as to prevent spills or accidental releases. Ail containers shall be closed when not in use and good housekeeping maintained in the area of storage and use. 15.64.342 Reserved. 15.64.345 Section 80.301(d)amended--Signage. Section 80.301(d) of the Uniform Fire Code is amended to read: (d) Signage. In addition to the hazardous identification signs required by section 80.107, stationary above-ground tanks shall be placarded with hazard identification signs as specified in Uniform Fire Code Standard No.~79-3 or With other labels or signs approved by the chief, for the specific material contained. Signs prohibiting smoking shall be provided in storage areas and 19 within 25 feet of outdoor storage areas. Signs shall not be obscured or removed. Signs shall be in English as a primary language or in symbols allowed by this code. Signs shall be durable. The size, color and lettering shall be in conformance with nationally recognized standards. 15~64.347 Article. 82, Table No. 82.1040-A amended. Article 82, Table No. 82.104-A is amended~to read as follows: The "5" in the'third column (aboveground .container) that is in the first row (less than 125) is changed to a "10". III. Duties'and Organization of the Fire Safety Control Division 15.64.350 Duty to enforce code--Operational authority. The Uniform Fire Code shall be enforced by the fire agency with jurisdictional responsibility for the area as defined in the Memorandum of Understanding between the CitYof Bakersfield and the County of Kern, Agreement No. 85-215. Such enforcement shall be under the supervision of the Chief of the Fire Department within such jurisdictional.responsibility who shall detail or direct members of that agency's fire department in the enforcement of the Uniform Fire Code. 15.64.360 Fire Safety Control Division A. The Chief of the Fire Department shall appoint any member of the fire department as the head of the fire safety control division who shall be known as the Fire Marshal. B. The chief may detail such other members of the fire department as inspectors as shall, from time to time, be necessary and may recommend to the city manager the employment of technical inspectors who shall be selected ~hrough examination to determine their fitness for the position. C. The examination shall be open to members and nonmembers of the fire department, consistent with provisions of the City Charter and fire department civil service rules and regulations. D. The Fire Safety Control Division shall have the prime responsibility to enforce the provisions of the Uniform Fire Code. 15.64.370 Arson investigation. The enforcement of arson laws and investigations pursuant thereto shall be the responsibility of. the Fire Safety Control Division under the direction and supervision of the Chief of the Fire Department. 15.64.380 Assuming duties of peace officers. Members of the fire department assigned to the Fire Safety Control Division and the Fire Marshal are peace officers when enforcing laws relating to fire prevention and fire suppression and when engaged in fire and arson investigation, detection and apprehension of persons who have .violated or who are suspected of having violated any fire law or the Penal Code. 15.64.390 Carrying firearms. Members of the fire department assigned to the Fire Safety Control Division and the Fire Marshal are authorized to carry a loaded firearm on their person when acting as peace' officers as defined in Section 15.64.380, upon the written approval of the Fire Marshal. IV. Fire Zones 15.64.400 Establishment of fire zones. Fire zones as described in this chapter designate areas within the city in which the storage of flammable, combustible, explosive liquids, solid or gaseous substances, special dispensing devices, are prohibited. Storage facilities for. such substances constructed prior to the enactment of this code may remain in such zones provided their construction and maintenance are in substantial compliance with the provisions Of this code. A. Fire Zone No. 1 Described. Ail that territory included within the following described exterior boundaries shall be and is designated as Fire Zone No. 1: Parcel 1: Beginning at the N.E. corner of 15th and I Street; thence north along the east line of I Street to the north line of 16th Street, thence west along the north line of 16th Street to the east line of H Street; thence north along the east line of H Street to the north line of 17th Street; thence west along the north line of 17th Street to the east line of F Street; thence north along the east line of F Street to the south line of 21st Street; thence east ~along the south line of 21st Street to the east line of G Street; thence north along the east line of G Street to the south line of 22nd Street; thence east along the south line of 22nd Street to the east line of H Street; thence north 21 along the east line of H Street to the south line of 23rd Street; thence east along the south line of 23rd Street to the east line of the alley extending north and south between Chester Avenue and I Street; thence north along the~east line of aforesaid alley to the southwesterly line of Golden State Avenue; thence southeasterly along the southwesterly line of Golden State Avenue to the west line of the alley extending north and ~outh between Chester Avenue and K Street; thence south along the west line of last aforesaid alley to the south line of.23rd Street; thence east along the south line of 23rd Street~to the west line of L Street; thence south along the west line of L Street to the south line of 22nd Street; thence east along the south line of 22nd Street to the west line of N Street; thence south along the west line of N Street to the south line of 20th Street; thence east along the south line of 20th Street to the west line of R Street; thence south along the west line of R Street to the north line of the alley extending east and west between 17th and 1.8th Street; ~thence west along the north line of last aforesaid alley to the west line of L Street; thence south along the west line of L Street to the north line of 15th Street; thence west along the north line of 15th Street to the point of beginning. Parcel II: Beginning at the N.E. corner of East 19th and Kern Street; thence northerly along the easterly line of Kern Street to the southerly line of Jackson Street; thence easterly along the southerly line of Jackson Street to a point midway between the easterly line of Kern Street and the westerly line of Baker Street; thence northerly along a line parallel with and midway between the aforesaid easterly line of Kern Street and the westerly line of Baker Street to the southerly line of Niles Street; thence easterly along the southerly line of Niles Street to a point midway between the easterly line of Baker Street and the westerly line of King Street; thence southerly along a line parallel with and' midway between the aforesaid easterly line of Baker Street and the westerly line of King Street to the southerly line of Jackson Street; thence easterly along the southerly line of Jackson Street to the westerly line of King Street; thence southerly along the westerly line of King Street to the northerly line of East 19th Street; thence westerly along the northerly line of East 19th Street to the point of beginning. B. Fire Zone No. 2 Described. Ail that territory included within the following described exterior boundaries, excepting that territory designated as Fire Zone Number 1 by the provisions of subsection A of Section 15.64.400, shall be and is designated as Fire Zone Number 2: 22 Beginning at the N.W. corner of Chester Avenue and 8th Street; thence west along the north line of 8th Street to the east line of the alley extending north and south between 'Chester Avenue and I Street; thence north along the east line of said alley and along its prolongation northerly to the north line of 14th Street; thence west along the north line of 14th Street to the east line of H Street; thence north along the east line of H Street to the north line of Truxtun Avenue; thence west along the north line of Truxtun Avenue to the east line.of G Street; thence north along the east line of G Street to the north line of 17th Street; thence west along the north line of 17th Street.to the east line of F Street; thence north along the east line of F Street to the north line of 18th Street; thence west along the north line of 18th Street to the east line of D Street; thence north along the east line of D Street to the south line of 19th Street; thence east along the 'south line of 19th Street to the east side of E Street; thence north .along the east line of EJStreet to the south line of 20th Street; thence east along the south line of 20th Street~to~the east line of the alley extending north and south between E Street and F Street; thence north along the east line of aforesaid alley to the south line of 30th Street; thence east along the south line of 30th Street to the east line of I Street; thence north along the east line of I Street to the southwesterly line.of Golden State Avenue; thence ~southeasterly along the southwesterly line of Golden State Avenue to the south line of 30th Street; thence east along the south line of 30th Street to the west line of K Street; thence south along the west line of K Street to the south line Of 23rd Street; thence east along the south line of 23rd Street to the west line of N Street; thence south along the west line of N Street to the south line of 22nd Street; thence east along the south line of'22nd Street to the west line of R Street; thence south along the west line of R Street to the south line of 19th Street; thence east along the south line of 19th Street to a point 500 feet west of the west line of V Street; thence north along a. line 500 feet west of and parallel with the west line of V Street to the prolongation westerly of the south line of the alley extending easterly and westerly between 19th and 20th Street; thence east along said prolongation westerly of and along the south line of last described alley and along its prolongation easterly to the east line of Union Avenue; thence north along the east line of Union Avenue to the southerly line of Grove Street; thence easterly along the southerly line of Grove Street to a point midway between the easterly line of Sacramento Street and the westerly line of Sonora Street; thence northerly along a line parallel with and midway between the aforesaid easterly line of Sacramento Street and the westerly line of Sonora Street to the southerly line of the alley extending easterly and westerly 23 between Grove and East 19th Streets on the south and East 21st Street on the north; thence easterly along the southerly line of last described alley to the easterly line of Tulare Street; thence northerly along the easterly line of Tulare Street to the southerly line of Kentucky Street; thence easterly .along the southerly line of Kentucky to the easterly line of Kern Street; thence, northerly along the easterly line of Kern Street to the southerly line of Niles. Street; thence easterly along the southerly line of Niles Street to the prolongation southerly of the easterly line of the alley extending northerly and southerly between Kern Street and Baker Street; thence northerly along said prolongation southerly of and along said easterly line of last described alley to the southerly line of Flower Street; thence easterly along the. southerly line of Flower Street to the westerly line of the alley extending northerly and southerly between Baker Street and King Street; thence southerly along the westerly line of last described alley and along the southerly prolongation'thereof to the southerly line of Niles Street; thence easterly along the southerly line of Niles Street to the westerly line of King Street; thence southerly along the westerly line of King Street to the southerly line of Sumner Street; thence easterly along the southerly line of Sumner Street to the westerly line of Beale Avenue; thence southerly along the westerly line of Beale Avenue to the northerly line of East 19th Street; thence westerly along the northerly line of East 19th Street to the westerly line of King Street; thence southerly along the westerly line of King Street to the northerly line East 18th Street; thence westerly along the northerly line of East i8th Street to the westerly line of Baker Street; thence southerly along the westerly line of Baker Street to the northerly line of East Truxtun Avenue; thence westerly along the northerly line of East Truxtun Avenue to the easterly line of Kern Street; thence northerly along the easterly line of Kern Street to the prolongation easterly of the northerly line of the alley extending easterly and westerly between Eureka Street and East 18th Street; thence westerly along said prolongation easterly of and along the northerly line of last described alley to the westerly line of Sonora Street; thence southerly along the westerly line of'Sonora Street to the northerly lin~ of Eureka Street; thence westerly along the northerly line of Eureka Street to the east line of Union Avenue; thence north along the east line of Union Avenue to the prolongation easterly of~the north line of the alley extending east and west between 17th and 18th Streets; thence west along the said prolongation easterly of and along the north line of last described alley to the west line of R Street.; thence southerly along the west line of R Street to the north line of 17th Street; thence west along the north line of 17th Street to the west line of M Street; thence south along the 24 west line of M Street to the north line of 15th Street; thence west along the north line of 15th Street to the west line of L Street; thence south along the west line of L Street to the north line of 14th Street; thence west along the north line of 14th Street to the prolongation northerly of the west line of the alley extending north and south between Chester Avenue and K Street; thence south'along said prolongation northerly of and along the west line of last described alley to the north line of 8th Street; thence west along the north line of 8th Street to the point of beginning. C. Fire Zone No. 3 Designated. All territory now or hereafter included within the corporate limits of the city, excepting that territory designated as Fire Zone Number 1 and Fire Zone Number 2 by the provisions of Section 15.64.400 subsections A and B hereof, shall be and is designated as Fire Zone Number 3. D. References in Other Ordinances. Whenever in any ordinance heretofore or hereafter adopted by the city reference is made to fire zones, fire limits, fire districts, fire limits districts or other similar designation, it means the fire zones created by this chapter. 15.64.410 Section 79.502(a) added--Above-ground storage of flammable or combustible liquids. A. The limits of the district referred to in which storage of flammable or combustible liquids in outside, above-ground tanks is prohibited are established as follows; Fire Zones 1 and 2 and the closely-built commercial and residential areas of Fire Zone 3 as said zones are defined in Chapter 15.64, Section 15.64.400 subsections A, B and C of this code. Exception: Fire Zones 1 and 2, above-ground tanks installed in special enclosures for dispensing of Class I, II or III-A liquids shall include the following: 1. Above-ground tanks containing Class I, II or III-A liquids shall not exceed a capacity of 2,000 gallons individual or 4,000'gallons aggregate. · 2. A tank vault shall completely enclose the tank.. 3. The tank vault shall be constructed of reinforced concrete at least six inches thick (equal to a two-hour wall). 4'. The. tank vault shall be liquid tight. 25 5. Ail vaulted tanks/tank vaults shall have an enclosed space between the tank and the tank vault which will be called secondary containment. 6. The only openings permitted in the tank vault shall be for inspection, filling, dispensing, venting, emergency venting, and they shall be installed through the top only. Anti- siphon devices shall be installed on discharge lines. 7. Tank connections shall be so piped or Closed that neither vapors or liquid can escape into the enclosed space between the tank and the tank vault (the secondary containment area). 8. Means shall be provided to ventilate each~ vault to dilute, disperse and remove vapors. 9. Means shall be provided to recover liquids from the secondary containment area. If a pump is used to meet this requirement, the pump shall be of an approved type, and not permanently installed in the secondary containment area. 10. Tanks must be UL Listed for above-ground use. 11. Emergency venting is required as per Uniform Fire Code. 12. Vent pipe provided for normal tank venting shall terminate at least twelve feet above ground level. 13. Permits shall be required from the Building Department for all reinforced concrete such as pad, sides, ends and top. i4. Permits shall be required from the Building Department for all electrical work. 15. The tank vault shall be protected against accidental dislodgement by the use of crash posts which are a minimum of six inches in diameter, six feet long, two feet of which shall.be 'below grade and encased in concrete. Encasement in concrete shall be minimum of twelve inches wide. Bottom of posts, suspended in concrete minimum of three inches from bottom. The crash posts shall be set four feet on center and three feet from 'the vault'. 16. The tank vault shall be protected against dislodgement during seismic activity as per the Building Code.. 17. The tank vault shall be at least twenty-five feet from any opening in a building, any property line or any street, alley or'public way; one hundred feet from I, R-I and R-3 26 occupancies; and one hundred fifty feet from all A and E occupancies (see Uniform Building Code). 18. Vaults shall have warning and identification signs installed to clearly identify hazards. 19. Vapor recovery-methods must be approved by air pollution laws. 20. All vaulted tanks shall be inspected for vapor and/or liquid leaks every six months. Records of the inspections shall be kept on the premises and signed by a responsible party. 21. Vaults shall have the capability of being physically monitored. ~ 22. Dispensing nozzles with auto shut-off are required. 23. No hold-open devices are allowed with Class I 'flammable liquids. 24. Maximum life of above ground tanks: Twenty-five Years. 15.64.420 Prohibition of bulk storage of liquefied petroleum gases. The limits of the. zone referred to in which bulk storage of liquefied petroleum gas is restricted are described to be: Fire Zones 1 and 2 and the,closely built commercial and residential areas of Fire Zone 3 as said zones are .defined in Chapter 15.64, Section 15.64.400, subsections A, B and C of this code. 15o64.430 Prohibition of storage of explosives and blasting agents. The limits of the zone referred to in which storage of' explosives and blasting agents is prohibited are established as follows: Fire Zones 1 and 2 and the closely built commercial and residential areas of Fire Zone 3 as said zones are defined in Chapter 15.64, Section 15.64.400 subsections. A, B and C of this code. This prohibition shall not include the storage of allowable quantities of gunpowder. 27 V. Appeals from the Uniform Fire'Code 15.64.440 Board of appeals--Created.' . A. The board of building and housing.appeals of the city as created by subsection. A of Section 15.04.120 is designated as · the board of appeals referred to in the Uniform Fire Code. B. When meeting in this capacity, the chief of the fire department shall sit as a nonvoting member of the board ex officio and shall act as secretary of the board. 15.64.450 Board of appeals--Duties. A, The board shall resolve all questions relating to alternative methods, techniques, or materials arising under this title and shall determine reasonable interpretations of the provisions of the Uniform Fire Code. B. The board shall'hear, the appeal of any person aggrieved by action of the fire departt~ent in refusing or revoking a permit required under this'code. C. The board shall adopt reasonable rules and regulations, consistent with the purpose of this code, for conducting its hearings and investigations; it shall render written findings and decisions signed by its chairman and secretary and serve a copy on the appellant. 15.64.460 Procedures. A. Whenever the Chief of the Fire Department or a member of the Fire Safety Control Division disapproves an application or .refuses to grant a permit applied for; or when it is claimed by an affected party that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued, or wrongly interpreted or that a permit has been wrongfully revoked, the affected party may appeal from the decision of the chief or member of the Fire Safety Control Division to the board 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. C. Upon receipt of such request the board of appeals shall set a date for public hearing at its earliest convenience, notifying the affect party by certified letter to the address noted in the request. 28 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 days of the conclusion of the hearing written findings and decision of the board of appeals shall be mailed tO the affected party. F. During the appeal process, the decision of the Fire Chief or member of the Fire Safety Control Division remains in full force and effect pending reversal or modification by the· Board of Appeals. VI. Violation--Penalty 15.64.470 .What constitutes violation. A. Any person, firm or corporation who violates, causes, permits or allows the Violation of 'any of the provisions of this code or violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement or plans submitted and approved thereunder, or any certificate or permit issued thereunder and from which no appeal has been taken or who fails to comply with such an order as affirmed or modified by the board of appeals shall be guilty of a misdemeanor. Such person is guilty of a separate offense for each day or portion thereof he permits, causes or allows a violation to continue. .B. Any structure,'installation, business or event that is undertaken or permitted to continue in violation of any provision of the Uniform Fire Code is a Public nuisance and may be abated by the chief of the fire department in accordance with the law. 15.64.480 Violation--Penalty. Any person, firm or corporation convicted of violating any of the provisions of this code, or for failing to comply with any notice or order given pursuant.to this chapter, shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the county jail for a period of not more than six months, or by both such fine and imprisonment. o0o 29 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 , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED CLARENCE E. MR. DDERS MAYOR of the City of Bakersfield APPROVED as to form:' LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield MGA:gp 0~CE\FIREC0DE.AMD 8/31/92