HomeMy WebLinkAboutCC Ord 792 1969-09-15
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CRIGINAL O;:FICIAL COpy
NOT TO 8'::; r,:,;~::;i': F,~OI\\
THi: CITY CLERK'S OFFICE
ORDINANCE NUMBER 7 q .;l.,
AN ORDINANCE OF THE CITY OF SEAL BEACH, CALIFORNIA,
A CHARTER CITY, ADOPTING A UNIFORM FIRE CODE PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND
PROPERTY FROM FIRE OR EXPLOSION, AND ESTABLISHING A
BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR
AND DEFINING THEIR POWERS AND DUTIES.
The City Council of the City of Seal Beach does ordain as follows:
Section 1. ADOPTION OF UNIFORM FIRE CODE.
There is hereby adopted by the City of Seal Beach for the purpose of
prescribing regulations governing conditions hazardous to life and
property from fire or explosion, that certain code known as the
Uniform Fire Code recommended by the California Fire Chiefs' Associa-
tion, being particularly the 1966 edition thereof and the whole
thereof, save and except such portions as are hereinafter deleted,
modified or amended (by Section 4 of this ordinance), of which code
not less than three (3) copies have been and are now filed in the
office of the Clerk of the City of Seal Beach and the same are
hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which-this ordinance shall take effect,
the provisions thereof shall be controlling within the limits of
the City of Seal Beach.
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Section 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION.
(a) The Uniform Fire Code shall be enforced by the Bureau of Fire
Prevention in the Fire Department of the City of Seal Beach which
is hereby established and which shall be operated under the super-
vision of the Chief of the Fire Department.
(b) The Chief of the Fire Department may detail such members of
the fire department as are approved by the City Manager as inspectors.
Section 3. DEFINITIONS.
(a) Wherever the word "Municipality" is used in the Uniform Fire
Code, it shall be held to mean the City of Seal Beach.
(b) Wherever the term "Corporation Counsel" is used in the Uniform
Fire ~ode, it shall be held to mean the Attorney for the City of
Seal Beach.
(c) Wherever the words "Chief of the Bureau of Fire Prevention" are
used in the Uniform Fire Code they shall be held to mean the Fire
Marshal or the appointed head of the Bureau of Fire Prevention.
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Ordinance Number
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Section 4, AMENDMENTS MADE IN THE UNIFORM FIRE CODE.
The Uniform Fire Code is amended and changed in the following respects:
(a) Section 1.27 Fire Incident Report Required shall be amended to
read as follows: Any occurance of fire, explosion or chemical
burn causing injury, loss or damage to any person or property
within the municipality shall be reported to the Fire Department
within 24 hours of its occurance.
(b) Any hospital, conve1escent hospital, physician, first aid station
or peraon who treats or aids any person injured by a fire, explosion
or chemical burn within the municipality shall within 24 hours
report such treatment and pertinent information to the Fire Department.
(c) Section 11.051 Bond Amounts: The Bonds Required by Section 11.05
shall be as follows:
Amount of explosives (Pounds) Public Liability Public Damage
0-50
50-100
100-500
over-500
$ 5,000/10,000
$ 10,000/50,000
$ 50,000/100,000
$ 100,000/300,000
$ 10,000
$ 50,000
$ 100,000
$ 300,000
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(8) Section 12.01 Definitions shall be added to Article 12 as follows:
(1) Dangerous Fireworks,Defined.
"Dangerous Fireworks" include all fireworks included in
Section 12503, Part 2, Division 11, of the Health and
Safety Code of the State of California.
(2) Safe & Sane Fireworks Defined.
"Safe & Sane Fireworks" shall include any fireworks not
designated as "Dangerous Fireworks", except that in all
cases only end fuses may be used.
(e) Section 12.02a is amended to read as follows: The manufacture
of fireworks within the jurisdictional area is prohibited.
(f) Section 12.07 Permitted use of Safe and Sane Fireworks shall
be added to Article 12 as follows:
Nothing in this article shall prohibit the use of fireworks
classified and registered by the California State Fire Marshal
as "Safe and Sane" for religious or patriotic celebrations, if
such use is under the direct supervision of a competent adult.
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(g) Section 12.08 Discharging Safe and Sane Fireworks shall be
added to Article 12 as follows:
No person shall discharge any fireworks except during the days
that sales are permitted each year.
(h) Section 12.088 shall b, added'to'Artic1e,12 as~fo1Iows:
No person, firm, or organization shall manufaCtlare, store,
display, sell or offer for sale, possess, discharge, explode,
fire or set off any dangerous fireWorks within the City of Seal Beach.
(i) Section 12.09 Temporary Retail Sales of Fireworks shall be added
to Article 12 as follows:
It shall be unlawful for any person to offer for sale any fireworks
within the municipality without first obtaining a permit from the
City Council. Application and issuance of the permit will be
within the scope of the Regulations of the Municipal Code of the
City of Seal Beach.
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Ordinance Number
(j) Section 12.10 Regulations for the Operation of Fireworks Stands
shall be added to Article 12 as follows:
Fireworks dlan be sold in the City of Seal Beach only fllom
stands meeting the following requirements:
(1) The sales area and the area within a 50 foot radius thereof
shall be cleared of all weeds, debris, and combustible or
fire hazardous materials before sales commence and shall be
maintained in such condition so long as sales continue; the
area shall be graded or leveled to such a degree that no'
holes or hazards exist before sales commence and shall be
maintained in such condition throughout the sales period.
(2) Sales and other operations shall be prohibited between the
hours of 10:00 p.m., and 8:0Q a.m.
(3) No person shall sleep or coo~ within the structure or in
vehicles, or on the premises ,of the fireworks stand where
fireworks are dispensed, stored, or handled.
(4) At least one person twenty-one (21) years of age or older
shall be on duty or assist on the premises.
(5) No person under the age of sixteen (16) years shall be
permitted to work or assist On the premises.
(6) Signs, vehicles, structures, :merchandise displays, or other
attendant items to the permitted activity shall not encroach
upon the publicly owned right of way.
(7)
All stands DlUst lie at least t,rilve (12) feet from the curb
or dedicated street.
(8)
No smoking shall be allowed Within fifteen (15) feet of the
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sales area; warning signs to ~e posted.
(9) "NO SMOKING WITHIN 15' OF PREMISES" signs to be posted in
sufficient numbers and loca~ions as to be clearly visible to
those approaching stands.
(10) Lighting and other electrica~ facilities proposed shall be
inspected and approved by the Department of Building and
Safety of the City of Seal Beach.
(ll)
(12)
(13)
No tent shall be permitted ~ the premises.
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No alcoholic beverages shall be kept or coasumed on the premises.
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At least ONE 2~ gallon pressurized water extinguisher for
every two (2) exits shall be ~ocated on the premises.
Fireworks sales structures shall not be constructed or
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placed on the approved sites before JUDe 20th and shall be
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removed on or before July 10th.
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Each stand shall be equipped with a sufficient number of trash
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containers to adequately contain the trash generated from the
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operation of the stand; all c~ntainers DlUst be of metal.
(14)
(15)
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Ordinance Number
(16) There shall be at least one (1) exit for each three (3)
people working in the stand.
(17) There shall be a maximum of twelve (12) feet with no
obstructions to an exit.
(~8) Each stand must be under twenty-four (24) surveillance by an
adult from within 100 feet of stand as long as fireworks are
stored in the structure.
(19) No stand shall be permitted in a location, which in the
opinion of the City Council, would cause or tend to cause
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vehicular traffic congestion.1 As a part of this requirement
the City Council may determi~ that off-street parking is
required for both attendants land customers of the stand.
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(20) No application for a fireworKs stand will be accepted or
considered if such application is not filed with the City
Man~ger on or prior to May 15th, and all applications so
submitted shall be considered by the City Council concurrently
prior to June 1.
(21) Each application shall include the following: The name and
address of the organization desiring a permit; the name,
address, and telephone number(s) of an individual that will
be in charge of the stand; the purpose, in detail, for which
any funds derived from the sale of fireworks will be used;
documentation that the owner of the proposed location of the
stand has leased or otherwise granted approval to use the
premises for such purpose; the name and address of the
wholesaler/manufacturer of the fireworks to be sold; a
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statement that all conditions in this resolution and all
ohher resolutions or ordinances of the city and/or state
laws pertaining to fireworks ~ill be followed; the organi-
zation's sales tax license; a copy of the State Fire Marshal's
permit; insurance policy or binder providing for a minimum
of $100,000 liability, making the city and its officers and
e.-ployees added insured. Failure to provide this information
at the time of fi~ing an application will cause the application
to be denied.
(k)
The Fire Marshal shall inspect each stand where fireworks are sllored
or are being sold at periodic intervals to insure that all provisions
of this resolution are being enforced. In the event of notice of
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any infraction of city rules, regqlations, or ordinances or of state
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law, the permittee shall correct the matter immediately, or the Fire
Marshal shall order the stand clo~ed until the corrections are made
and approved by him. I
Section 12.11 Fireworks Storage snall be added to Article 12 as follows:
Fireworks shall be stored only in the fireworks stands. It shall
be unlawful to store fireworks in any building, residence, garage,
home, automobile, trailer, or other vehicles within the City of
Seal Beach, except for temporary storage of small quantities in
the residence of the purchaser during the period of permitted sale
as defined by Title 19, California Administrative Code.
Ordinance Number
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(1) Section 12.12 Fireworks, Public Display shall be added to Article 12
as follows:
Notwithstanding any other provisions of this part, the council in
its discretion may grant permits for public displays of fireworks
under the supervision of the Fire Chief. Applications for such
permits shall be filed with said Fire Chief not less than two weeks
before such public display and shall be accompanied by a detailed
statement of the items of such proposed display. If such permit
is granted, by the City Council, no items shall be displayed except
as are contained in such statement and the Council may, in granting
such permit, eliminate from said statement such items as it deems
hazardous and no grantee of such permit shall exhibit or display
such eliminated items. Such public display shall be under the
supervision of the Fire Chief or such persons as he shall designate
and authorize. Such displays shall be held at such time and place
as designated in:'said permit and under no circumstances shall such
displays be held in Fire Zone No. 1 of the City. The applicant
for such permit shall comply with the provisions~of the California
Administrative Code, Title 19, and to show proof of compensation
insurance coverage, public liability insurance and shall file a
bond in the sum required under such code.
(m)
Section 12.13 Prohibited Areas shall be added to Article 12 as follows:
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No person shall sell, store, display, or discharge any fireworks
of any type in any public oil or gasoline station, or on any premises
where gasoline or other inflamaable liquids are stored or dispensed.
No person shall sell, store, display, or discharge any fireworks
of any type in any permanent structure, nor within forty feet (40)
of the same, except that any purchaser may discharge fireworks in
conformance with these regulations within twenty-five feet (25) of
his own residence.
(n)
Section 13.27 Unsafe Buildings shall be amended as follows:
All buildings or structures which constitute a fire hazard or are
otherwise dangerous to human life by reason of inadequate mainten-
ance, dilapidation, obsolescence or abandonment, are for the purpose
of this section declared to be unsafe bUildings. Such buildings are
hereby declared to be public nuisances and shall be abated by repair,
rehabilitation, demolition or removal in accordance with the procedures
specified in the Uniform Building Code, Section 203, or other procedures
specified or adopted by the municipality.
(0)
Section 13.28 Required Vertical Driveway Clearance shall be amended
as follows:
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To facilitate fire suppression operations during times of emergency
all buildings, or parts of buildings, or other obstructions over
access driveways into lots of 150 feet or more in depth shall have
not less than twelve (12"0") feet vertical clearance from the finished
driveway surface except for those Group I or J occupancies set forth
in the Building Code.
Where auxiliary means of access or fire protective measures, approved
by the Fire Chief, are provided the above required clearance may
be modified or w!lived.
Ordinance Number
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(p) Section 13.50 Approval Required shall be added to Article 13 as
follows:
No person shall sell, offer for sale, or install, or cause or
permit to be installed, or maintained, for the purpose of fire
protection or extinguishment, any appliance, system or piece of
equipment which has not first been tested and approved by a
nationally recognized fire-testing agency.
The installation of such items must be done in a workman life
manner, by a qualified person, and in conformance with all
applicable codes and standards.
(q) Section 15.109 Dispensing is amended by adding sub-paragraph e.
thereto read as follows:
c. No class 1 flammable liquid shall be dispensed into, stored,
transported, or in any way handled in any container not made of
sturdy metal, unless approved by the Chief of the Fire Department.
(r)
Section 15.506 Safety Rules is amended by amending subparagraph c.
thereof to read as follows:
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c. In accordance with nationally recognized good practice a
minimum of two (2) dry chemical extinguishers, one Containing
not less than five (5) poinds of Dry Chemical, shall be provided
and so located that no pump, dispenser, or fill pipe opening shall
be at a greater distance than 75 feet from such extinguisher.
(s)
Section 27.03 Discarding Burning Objects Prohibited is amended to
read as follows:
It shall be unlawful to throw down, drop, or place any lighted
match, cigar, cigarette, or other burning or glowing substance,
in combustable material or in close proximity thereto.
(t) Section 27.05 Accumulation of Waste Material is amended by amending
paragraph a. thereof to read as follows:
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It shall be unlawful for an owner or eccupant of real property
to allow accumulations of waste paper, hay, grass, straw, weeds,
litter, or combustible or flammabie waste or rubbish of any kind
to remain upon any roof, or in any court, yard, vacant lot, or open
space, when the maintenance of such conditions constitutes a
potential fire hazard. No owner or occupant of real property shall
allow grass, vines or other growt~, on his property when such grass,
vines or growth constitutes a fire hazard, and said owner or occupant
shall cut down and cause removal ~f such grass, vines, or other growth.
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Section 27.36 Housekeeping and Fire Nuisances is hereby added to
Article 27 to read as follows:
(u)
All buildings and premises governed by these regulations shall be
maintained in good repair and in a clean and orderly manner, feee
from any condition that presents a fire hazard or a condition which
would add to or contribute to the rapid spread of fire. Provisions
shall be made for the proper storage and disposal of waste materials
and rubbish consistent with the following:
Ordinance Number
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(1) All basements, cellars, floors, closets, attics and other
similar places not open to continuous observation, shall
: ' " ,be 1tept free frOlll"combustable litter and rubbish at all times.
(2) All combustable waste material and rubbish shall be stored
in approved non-combustable containers or re,ceptacles, or
consistent with approved fire prevention practice, until
such waste material is removed from the premises or other-
wise properly disposed of. All such waste containers,
other than convenience waste receptacles emptied at the
close of each day, shall be provided with tight fitting,
non-combust able covers.
(3) Metal containers shall be provided and maintained in all
public rest rooms where paper towels are provided.
(4) Ashes shall not be placed in or near combustable material
but shall be placed in approved IIIIItal containers until removed
frOlll the premises or otherwise properly disposed of.
(5) No dry vegetation shall be permitted to exist within twenty
(20) feet of any building or occupancies subject to these
lI:egulations.
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(6) Boiler rooms, mechanical rooms, electrical panel rooms,
exit passageways, stairways, and corridors shall not be
used for storage.
(7) Electric motors, filters on heating equipment, and grease
hoods, shall be checked periodically and kept clean and
maintained in a safe operating condition.
Section 5. APPEALS.
Whenever the Chief of the Fire Department shall disapprove an application
or refuse to grant a permit applied for, or when it is claimed 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, the applicant
may appeal frOlll the decision of the Chief of the Fire Department to the
City Manager within 30 days from the date of the decision appealed, and
thereafter may appeal to the Board of Appeals wlthin'teti"days,.frOm the
. " date:of',the'.decision appealed, whose decision shall be final and conclusive.
Section 6. NEW MATERIALS,' PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS.
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The City Manager, the Chief of the Fire Depaument and the Chief of the
Bureau of Fire Prevention shall act as la committee to determine and
speCify, after giving affected persons an opportunity to be heard, any
new materials, processes or occupancies, which shall require permits,
in addition to lIhose now enumerated in 'said code. The Chief of the
Bureau of Fire Prevention shall post such list in a conspicuous place
in his office, and distribute copies thereof to interested persons.
Ordinance Number
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Section 7. PENALTIES.
<a) Any person who shall violate any of the provisions of this Code
hereby adopted or fail to comply therewith, or who shall violate
or fail to comply with any order made thereunder, or who shall
build in violation of any detailed statement of specifications
or plans submitted and approved thereunder, or any certificate
or permit issued thereunder, and from which no appeal has been
taken, or who shall fail to comply' with such an order as affirmed
or modified, a court of competent 'jurisdiction, within the time
fixed herein, shall severally for ,each and every such violation
and non-compliance respectively, be guilty of a misdemeanor,
punishable by a fine of not more ~han $500.00 or by imprisonment
for not more than six 1IlOnths or by both such fine and imprison-
ment. The imposition of one penalty for any violation shall not
excuse the violation or permit it ,to continue; and all such
persons shall be required to correct or remedy such violations or
defects within a reasonable time; ,and when not otherwise specified,
each ten days that prohibited conditions are maintained shall
constitute, a separate offense. i
(b) The application of the above "peli.ilty shall not be held to prevent
the enforced removal of prohibite4 conditions.
Section 8. REPEAL OF CONFLIcrING ORDINANCES.
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All former ordinances or parts thereof 'conflicting or inconaistent
with the provisions of this ordinance or of the code hereby adopted
are hereby repealed. ~
Section 9. SEVERABILITY .
If any section ,subsection , sentence, clause, phrase, or portion of
this ordinance, or the application thereof to any person, firm,,'corporation
or circumstance, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this resolution.
The Council of the City of Seal Beach hereby declares that it would have
adopted this resolution and each section, subsection, sentence, clause,
phrase, or portion thereof, irrespective of the fact that anyone or
more sections, subsections, sentence, clause, phrase, or portion be
declared invalid or unconstitutional.
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Ordinance Number
Section 10. EFFECTIVE DATE.
This ordinance shall be effective thirty (30) days after adoption.
Section 11. CERTIFICATION AND POSTING.
The City Clerk shall certify to the passage and adoption of this
ordinance and shall cause the same to b~ posted as required by law.
Mayor
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ATTEST:
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Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Jerdys Weir, City Clerk of the City of Seal Beach, California, hereby
certify that the foregoing ordinance was pa~sed, approved, and adopted by
the City ~cil of the C of Seal Beach at a meeting thereof held on
the /6-~ day of , 1969, by the followi vote:
IJu.. '
AYES:
Council
NOES: Councilmen ~
ABSENT: Councilmen ~
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~~ 4 .s1j-r-Y./ 1. .:4..J
I Clerk
1. ~ERDYS WEI~, NY ~I FRK Or: TH~, ,?l;: OF SEAL
BEACH DO ~!G:::::nV "Fr."-''X Th"T I;..: cOREGO!NG
ORDINANCE I~ :T:: ('~:"""'r\,I, ()"!r.:~:M:r.:::: r,;o,7-'/,Y'
AND WAS POSiED rURSUi.r:T TO ORDW"'NCE
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NO"7-~.K.-:,Oi4 THE cf!j:DAY IJF,~lt....,'!j' 9
+'-,..... ....,.,............., CITY CLERK
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