Ordinance Number 603ORDINANCE NO. 603- 57
AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE - UNIFORM FIRE CODE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 2, "FIRE PREVENTION," OF
TITLE 4, "PUBLIC SAFETY," RELATING TO THE ADOPTION OF
THE 1985 EDITION OF THE UNIFORM FIRE CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendments
Chapter 2, Fire Prevention, of Title 4, Public Safety, of the Municipal Code is
amended in its entirety to read as follows:
CHAPTER 2. FIRE PREVENTION
Section 4-2.01. Adoption of the Uniform Fire Code.
For the purpose of prescribing regulations governing conditions hazardous to
life and property from fire or explosion, that certain Code and Standards known as the
"Uniform Fire Code," including appendix chapters I -A, I -B, I -C, II -A, II -B, III -A, III -B, III -
C, IV -A, and V-A, published by the International Conference of Building Officials and the
Western Fire Chiefs Association, together with the Appendices thereto, as applicable,
the "Uniform Fire Code Standards," 1985 Edition, and the 1986 Accumulative Supplement
to said Uniform Fire Code and Standards, three (3) copies of which are on file in the City
Clerk's Department for public record and inspection are hereby adopted by reference and
made a part of this article as though set forth in this article in full, subject, however, to
the amendments, additions, and deletions set forth in this article, and said Code shall be
known as the Fire Code of the City.
Section 4-2.02. Amendments Section 2.302: Board of Appeals.
Section 2.302. Board of Appeals, of said Fire Code is deleted in its entirety.
Section 4-2.03. Amendments: Section 3.105: Violations and Penalties.
Section 3.105 is hereby added to said Fire Code to read as follows:
It shall be unlawful for any person to violate any provision of said Fire
Code or this article, or to fail to comply therewith, or to violate or fail
to comply with any order made thereunder, or to build in violation of any
detailed statement of specifications or plans submitted and approved
thereunder or any certificate or permit thereunder, or to fail to comply
with such an order as affirmed or modified by the Council or by a court
of competent jurisdiction within the time fixed therein, and any such
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.5 8 violation shall be punishable as set forth in Chapter 2 of Title 1 of this
Code.
Systems.
The application of any penalty set forth in Chapter 2 of Title 1 of this
Code for any such violation shall not be held to prevent the enforced
removal of prohibited conditions.
Section 4-2.04 Amendments: Section 10.308: Automatic Fire -extinguishing
Section 10.308(b) is hereby amended by adding subsection 5 to read as follows:
5. In all new buildings or structures when the gross square footage
thereof exceeds 6,000 square feet or more than two (2) stories in height
regardless of area separation walls.
Section 10.308(h) is hereby added to said Fire Code to read as follows:
(h) Group R, Division 1 Occupancies. An automatic sprinkler system,
approved by the chief of the fire department, shall be installed in
all new Group R, Division 1 Occupancies.
Section 4-2.05 Amendments: Section 10.310: Permissible Sprinkler
Exceptions.
Paragraph 2, Section 10.310, Permissible Sprinkler Exceptions, is amended in
its entirety to read as follows:
follows:
2. Sprinklers shall not be installed when the application of water or
flame and water to the contents may constitute a serious life or
fire hazard. Other fire extinguishing systems compatible with the
hazardous materials being stored or used, shall be provided.
Section 4-2.06. Amendments: Section 11.111: Chimney Spark Arresters.
Section 11.111 of the Uniform Fire Code is amended in its entirety to read as
Chimney Spark Arresters
Section 11.111. Each chimney used in conjunction with any fireplace or
any heating appliance in which solid or liquid fuel is used, upon any cabin,
house, hotel, building or structure, shall be maintained with a spark
arrester as required for incinerators.
Section 4-2.07. Amendments: Section 78,102: Permits for Manufacturing,
Sale, and Discharge (of Fireworks).
Section 78.102 of said Fire Code is hereby amended by adding subsection (d) to
read as follows:
(d) The sale of safe and sane fireworks (as defined by Section 12505 of the
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59
Health and Safety Code of the State) shall be permitted under the
following conditions:
No fireworks shall be sold before 9 a.m, on July 1 or after 10 p.m.
on July 4.
2. No application for a permit will be considered or granted which is
not accompanied by a license issued by the State Fire Marshal.
3. The violation of any law pertaining to the sale of fireworks shall
automatically render such permit void.
4. No person shall sell, offer to sell, or discharge any fireworks within
a distance of 100 feet of any pump or dispensing device for
flammable liquids nor within fifty (509 feet of any structure or
tent.
5. At least one approved water -type fire extinguisher shall be
provided for every twenty (201) feet of frontage of fireworks
stands.
6. Temporary fireworks stands shall be constructed of materials equal
to twenty-eight (28) gauge sheet metal or three-eighths (3/811) inch
exterior plywood. A minimum of two (2) thirty (30") inch wide
exits shall be provided and shall remain open during the hours of
sale.
7. No permit shall be issued for the sale of fireworks from a
temporary fireworks stand unless the applicant therefor shall file
with his application a cash bond in the sum of Twenty-five and
no/100ths ($25.00) Dollars, the condition of which shall be as
follows: that the fireworks stand be removed and the premises upon
which it was located cleaned of all debris of every description and
the premises restored to the condition they were in prior to the
erection of the fireworks stand on or before July 10 of each year.
If the work of the removal of the fireworks stand and cleaning the
premises is not completed within the time provided in this
subsection, the cash bond shall be deemed to be summarily
forfeited in its entirety, and the City shall perform the work of
removing the fireworks stand and cleaning the premises. In
addition, a Twenty-five and no/100ths ($25.00) Dollars business
license fee payable to the City of San Juan Capistrano shall be
required.
8. No application for a permit for the sale of fireworks at a fireworks
stand shall be considered or granted which application is not
accompanied by the written consent of the owner of the premises
upon which it is proposed to locate the fireworks stand consenting
to the entry upon the premises by the City for the purpose of
removing the fireworks stand and cleaning the premises in the
event the permittee shall default therein.
9. No fireworks stand shall be located closer than twenty (20') feet to
the right-of-way line of any public road or highway or at any
location which does not otherwise meet the approval of the
Director of Community Planning and Development
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section:
10. No sign which shall create a traffic hazard shall be erected or
maintained in connection with a fireworks stand.
11. The storage of fireworks shall be in the fireworks stand or at
locations approved by the chief. Fireworks stands used for storage
shall be under the twenty-four (24) hour supervision of an alert
adult. No sleeping inside fireworks stands will be permitted at any
time.
12. "No Smoking" signs shall be posted in an easily visible location on
all sides of fireworks stands. No smoking shall be permitted within
fifty (50') feet of any fireworks stand.
13. No person shall allow any rubbish to accumulate in or within
twenty-five (251) feet of any place where fireworks are stored or
sold.
14. No person under the age of eighteen (18) years shall sell or handle
for sale any classification of fireworks.
15. Fireworks shall not be sold to persons under sixteen (16) years of
age.
SECTION 2. Amendments to Administrative Code
Chapter 1, Title 8, Building Regulations is amended by adding the following
Section 8-1.10 Board of Appeals
Section 204, Board of Appeals, of the Uniform Administrative Code 1985
edition, is deleted in its entirety.
Table 3-I, is amended in its entirety to read as set forth in Exhibit A, TABLE
3-I SWIMMING POOL, SPA AND HOT TUB FEES.
SECTION 3. Smoke Detectors
Chapter 2, Title 8, Building Regulations is amended by adding the following
section:
Section 8-2.07 Smoke Detectors
Subsection 1210(a) of the Uniform Building Code is amended by adding the
following paragraphs:
When there is a change in ownership in existing Group R, Division 1 and 3
Occupancies, the entire building shall be provided with smoke detectors
located as required for new Group R, Divisions I and 3 Occupancies.
In all existing Group R, Division 1 Occupancies, the entire building shall
be provided with smoke detectors, located as required for new Group R,
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s1
Division 1 Occupancies, on or before February 21, 1982. Smoke
detectors may be battery operated when installed in existing buildings.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its
passage, except that Section 4-2.04 shall take effect and be in force January 1, 1988.
SECTION 5. FindigZs.
The amendments to Section 3802, requiring that all new group R Division 1
buildings or structures shall have an approved automatic fire sprinkler system installed,
is found to be necessary because of the following local conditions:
a. Climatic Conditions - Hot dry Santa Ana winds are common to areas
within the City of San Juan Capistrano and Orange County. These winds
constitute a contributing factor which causes small fires originating in high
density housing presently being constructed in the City of San Juan Capistrano,
which spreads quickly, and creates the need for an increased level of fire
protection. This added protection will supplement normal fire department
response available in high density occupancies, and provide immediate
protection for life and safety of multiple occupancy occupants during fire
occurrences.
b. Geography and Topography - Traffic and circulation congestion presently
existing in the City of San Juan Capistrano often places fire department
response time to fire occurrences at risk. This condition makes the need for
automatic on-site protection for property occupants necessary.
C. Geography and Topography - Placement of multiple occupancy buildings,
location of arterial roads, and fire department staffing constraints due to
recent revenue limiting state legislation have made it difficult for the fire
department to locate additional fire stations and provide manpower sufficient
to concentrate fire companies and personnel to control fires in high density
apartment or condominium buildings, making the need for on-site automatic
sprinkler systems necessary.
SECTION 6. City Clerk's Certification
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption is required by law; or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen
(15) days after adoption, the City Clerk shall cause to be published, the aforementioned
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62 summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED, AND ADOPTED this 15th day of September ,
1987. 4�9 ILI ��
ANTHONY LAND, MAYOR
ATTEST:
owe
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Ordinance No. 603 which was introduced at a meeting of the City Council of the City
of San Juan Capistrano, California held on September 1 , 1987 , and adopted
at a meeting held on September 1� , 1987, by the following vote:
AYES: Councilmen Schwartze, Friess, Hausdorfer
and Mayor Bland
NOES: None
ABSENT: Councilman Buchheim
(SEAL)`— —
MARY ANN VER, (A Y CLERK
122
64-A
Exhibit A
TABLE 3-1
Swimming Pool Spa and Hot Tub Fees
Schedule of Fees
Permit issuance for issuing each permit .............................. $15.00
Permit issuance for each supplemental permit .......................... 4.30
Unit fee schedule:
Swimming pool ............................................. per Table 3A
Private pool..................................................30.00
Each Spa or Hot Tub...............................................30.00
Mechanical ................................................ per Table 3C
Electrical ........................................................10.00
Plumbing .........................................................10.00
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