Ordinance Number 426"7"7
ORDINANCE NO. 426
AMENDMENT TO TITLE 4 OF THE MUNICIPAL CODE
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING CHAPTER 2 OF TITLE 4 OF THE
MUNICIPAL CODE AND ADOPTING THE UNIFORM FIRE CODE,
1979 EDITION, TOGETHER WITH CERTAIN AMENDMENTS,
STANDARDS, SUPPLEMENTS AND APPENDICES THERETO, AND
DELETING THE 1976 EDITION OF THAT SAME UNIFORM
FIRE CODE
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
RRrTTON t natarinn.
Title 4, Chapter 2, Article 1, Public Safety Code of
the San Juan Capistrano Municipal Code is hereby deleted in its
entirety, to be replaced as specified hereinafter in Section 2.
SECTION 2. Additions and Amendments.
Title 4, Chapter 2, Public Safety Code of the City of
San Juan Capistrano Municipal Code is hereby adopted to read in
its entirety as follows:
"Section 4-2.101. 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 known as the 'Uniform Fire
Code,' 1979 Edition, published by the International Conference
of Building Officials and the Western Fire Chiefs Association,
together with Appendices A through I thereto, as applicable,
the 'Uniform Fire Code Standards,' 1979 Edition, and the
1981 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
Chapter as though set forth in this Chapter in full, subject,
however, to the amendments, additions and deletions set
forth in this Chapter, and said Code shall be known as the
Fire Code of the City.
"Section 4-2.102.
"Article 2, Section 2.302 of said Fire Code is
amended by adding a second paragraph to read as
follows:
"Whenever the fire marshal shall deny, revoke, or
suspend any permit, the applicant may appeal from the decision
of the fire marshal to the Chief of the fire department
within thirty (30) days from the date of the decision appealed.
The applicant may appeal from the decision of the Chief to
the Board of Appeals, established by the Uniform Fire Code
Section 2.302, within thirty (30) days from the date of the
decision appeal.
Section 4-2.103.
"Article 3, Section 3.101 of said Fire Code -
Unlawful Continuance of Fire Hazard is amended by
adding Exception Number 1 which reads as follows:
"Exception No. 1 - Any person who fails to comply with
Section 10.207 of the Code shall be guilty of an infraction.
ow
"Section 4-2.104.
"Article 4 of said Fire Code is amended by adding
Section 4.108 which reads as follows:
"Section 4.108. Violations and Penalties.
"(a) it shall be unlawful for any person, firm, or
corporation to violate any of the provisions of this Code
hereby adopted, or 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 issued thereunder, or to fail to comply with an
order of the board of appeals, established by Section 2.302
of the Uniform Fire Code or by a court of competent jurisdiction
within the time fixed herein.
"Any person, firm, or corporation violating any of
the provisions of this Code shall be deemed guilty of a
misdemeanor, and each such person shall be deemed guilty of
a separate offense for each and every day or portion thereof
continued, or permitted; and upon conviction of any such
violation, such person shall be punished by a fine of not
more than five hundred dollars ($500) or by imprisonment for
not more than six (6) months, or by both such fine and
imprisonment.
"(b) The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
"Section 4-2.105.
"Article 10 of said Fire Code is amended by adding
the following sentence at the end of Section
10.208 to read as follows:
"Such numbers shall be not less than three (3) inches in
height.
"Section 4-2.106.
"Article 10 of said Fire Code is amended by adding
Section 10.209 which reads as follows:
"Section 10.209
Key Box.
"(a) When access to or within a structure, or an area,
is unduly difficult because of secured openings, and where
immediate access is necessary for life saving or firefighting
purposes, the Chief may require a key box to be installed in
an accessible location. The key box shall be a type approved
by the Chief.
"(b) Key box shall contain:
1. keys to locked points of ingress whether on
the
interior or exterior of such buildings.
2. Keys
to
locked mechanical equipment rooms.
3. Keys
to
locked electrical rooms.
4. Keys
to
elevator controls.
5. Keys
to
other areas as directed by the Chief.
"(c) When such a key box is installed, the Building
Official shall be notified.
"Section 4-2.107.
Article 10 of said Fire Code is amended by adding
the following to Section 10.403(a) to read as
follows:
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"When there is a change in ownership in existing 7 9
Group R, Divisions 1 and 3 occupancies, the entire building
shall be provided with smoke detectors located as required
for New Group R, Divisions 1 and 3 occupancies, as required
in the Uniform Building Code, 1979 Edition.
"(b) In all existing Group R, Division 1 occupancies
the entire building shall be provided with smoke detectors
located as required for New Group R, Division 1 occupancies,
within six months from the adoption of the Uniform Fire
Code, 1979 Edition. Smoke detectors may be battery operated
when installed in existing buildings.
"Section 4-2.106.
"Article 12 of said Fire Code is amended by adding
Section 12.114 which reads as follows:
"Section 12.114. Malls.
"(a) General. Every mall shall be provided with exits
as required by the Uniform Building Code.
"(b) The clear and unobstructed exit width required by
the Uniform Building Code shall be defined, identified, and
maintained in a manner approved by the Chief, but in no
event shall be less than ten (10) feet wide.
"(c) No display, side show, exhibition or promotional
activity or similar use shall be permitted in the center
area of the mall unless there is first obtained from the
Chief a permit to conduct such activity. Included with each
permit application shall be a floor plan delineating the
exact area to be used and showing location of all displays.
"(d) All the conditions of Article 12 of this Code
shall be applicable when the mall is used for other than
and, or in addition to an exit corridor.
"(e) Not more than 30' between 10' wide cross -aisles
shall! be permitted except as required or permitted by the
Chief. .
"(f) All flammable material used as, or in conjunction
with, a display, side show, exhibition, promotional activity
or similar use which would tend to increase the fire and
panic hazard shall be maintained in a flame retardant
condition or similarly protected in a manner approved by the
Chief.
"(g) No use shall be permitted which by its nature will
impede free and unobstructed exiting due to people
congregating to witness or participate.
"(h) The use of flammable liquid, liquefied petroleum
gas, flammable bottled gases and other materials presenting
an unusual fire hazard shall not be permitted as a part of,
or in conjunction with, any mall, display, side show,
.exhibition, promotional activity or other similar use.
"(i) All automatic fire sprinkler systems shall be
provided with approved alarm and valve supervision.
"Section 4-2.109.
"Article 32 of said Fire Code is amended by adding
a new paragraph to Section 32.105 which reads as
follows:
"Air supported structures used for assembly purposes
as defined in Section 32.102 shall be provided with poles,
stanchions, cables, or similar equipment, as required by the
Chief, which will prevent collapse of the structure upon
those assembled therein.
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M
"Section 4-2.110.
"Article 7B of said Fire Code is amended by adding
Section 78.102(d) which reads as follows:
"(d) The sale of safe and sane fireworks (as defined by
Section 12505 of the Health and Safety Code of the State)
shall be permitted only under the following conditions:
111. No fireworks shall be sold before 9:00 a.m.
on July 1 or after 10:00 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 or offer for sale or
discharge any fireworks within a distance of
100 feet of any pump or dispensing device for
flammable liquids nor within fifty (50') feet
of any structure or tent.
"5. At least one approved water -type fire
extinguisher shall be provided for every
twenty (20') feet of frontage of fireworks
stands.
116. Temporary fireworks stands shall be constructed
of materials equal to twenty-eight (28) guage
sheet metal or three-eighths (3/8") inch
exterior plywood. A minimum of two (2)
thirty (30") inch 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.
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.
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119. 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.
1110. 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 Orange County Fire Warden. 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 (25') feet of any
place where fireworks are stored or sold.
1114. No person under the age of eighteen (18)
shall sell, or handle for sale, any
classification of fireworks.
1115. Any fireworks stand that is to be energized
shall require an electrical permit from the
Division of Building and Safety.
"16. All persons buying fireworks shall be sixteen
(16) years of age or older, and it shall be
illegal to sell fireworks to persons under
sixteen (16) years of age.
"Section 4-2.111.
"Article 79, Section 79.709(b) of said Fire Code is
amended to read as follows:
"Section 79.709.
"(b) Extinguisher of a minimum classification of
2A:20B,C, shall be located so that no pump, dispenser or
fill -pipe opening shall be a greater distance than 75 feet
from such extinguishers.
"Section 4-2.112.
"Article 79, Section 79.710(d)3 of said Fire Code
is amended to read as follows:
"Section 79.710.
"(d)3 Dispensing of flammable or combustible liquids
into the fuel tanks of marine craft shall be by means of an
approved type hose, equipped with an approved automatic
closing nozzle without a latch open device. NOZZLES FOR
DISPENSING CLASS I LIQUIDS SHALL BE MANUALLY HELD OPEN
DURING DISPENSING OPERATIONS.
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"Section 4-2.113.
"Article 81 of said Fire Code is amended by revising
the exception under Section 81.107(a) to read as
follows:
"EXCEPTION: Areas protected by an approved fire extinguishing
system and power smoke removal system in accordance with
Section 81.106.
"Section 4-2.114.
"Appendix E of said Fire Code is amended to read as
follows:
"(a) Item 7, SPARE ARRESTORS REQUIRED is amended to
read as follows:
"Every residential dwelling including 2 -family
dwellings, lodging houses, hotels, motels, apartment houses
and condominiums in which is installed any chimney, flue or
stovepipe attached to any fireplace, stove, barbecue or
other device that burns any solid or liquid fuel shall have
such chimney, flue or stovepipe equipped with a spark arrester.
A spark arrester is defined as a device constructed of
nonflammable material, 12 gauge minimum welded or woven wire
mesh, with 1/2 inch openings, or cast iron plate, 3/16 inch
minimum thickness or other material found satisfactory by
the enforcement agency and having 1/2 inch perforations for
arresting burning carbon or sparks installed in such a
manner as to be visible for the purposes of inspection and
maintenance.
"(b) Items 24, 25, 26, 27(a), 27(b), and 28 are added
to read as follows: ,
"24. EQUIPMENT, STATIONARY -
"No person shall use or operate any motor, engine,
boiler, stationary equipment, welding equipment, cutting
torches, tar pots, or grinding devices from which a spark,
fire or flame may originate, which is located on or near any
forest -covered land, brush -covered land, or grass -covered
land, without doing both of the following:
"(a) First clearing away all flammable material, including
snags, from the area around such operation for a distance of
10 feet.
"(b) Maintain one servicable round point shovel with an
overall length of not less than forty-six (46) inches and
one backpack pump water -type fire extinguisher fully equipped
and ready for use at the immediate area during the operation,
or one serviceable pressurized water fire extinguisher, 2
1/2 gallon capacity.
"This section does not apply to portable powersaws -
and other portable tools powered by a gasoline -fueled internal
combustion engine.
"25. EQUIPMENT, PORTABLE -
"No person shall use or operate or cause to be
operated in such area any portable saw, auger, drill, tamper or
other portable tool powered by a gasoline -fueled internal
combustion engine on or near any forest -covered land,
brush -covered land, or grass -covered land, within 25 feet
from any flammable material, without providing and maintaining
at the immediate locations of use or operation of said saw or
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m
tool, for fire fighting purposes one serviceable round point
shovel, with an overall length of not less than forty-six (46)
inches, or one serviceable fire extinguisher. The Chief shall
by administrative regulation specify the type and size of fire
extinguisher necessary to provide at least minimum assurance
of controlling fire caused by use of portable power tools under
various climatic and fuel conditions.
"The required fire tools shall at no time be
farther from the point of operation of the powersaw or tool
than 25 feet with unrestricted access for the operator from
the point of operation.
"26. EQUIPMENT, HARVESTER
"Every person is guilty of a misdemeanor who harvests
grain or causes it to be harvested by means of a combined
harvester, header, or stationary threshing machine, or who
bales hay by means of a hay press, or harvests by means of a
mechanical harvester other agricultural crops which are
flammable at the time of harvest, unless he keeps at all
times in a convenient place upon each machine or press, one
backpack or pump -type water extinguisher of not less than
four -gallon capacity fully equipped, filled with water and
ready for immediate use, or one serviceable pressurized
water fire extinguisher of a 2 1/2 gallon capacity. In
addition a minimum of at least one multi-purpose fire extinguisher
of a 2-A rating shall be provided for equipment protection.
"27(a). EQUIPMENT, SPARK ARRESTERS -
"Except as otherwise provided in this section, a
person shall not use or operate any internal combustion
engine which is operated on hydrocarbon fuels on any forest -
covered land, brush -covered land, or grass -covered lands
without providing, and maintaining in effective working
order, a spark arrester attached to the exhaust system. For
the purposes of this section,a spark arrester is a device
constructed of nonflammable materials specifically for the
purpose of removing and retaining carbon and other flammable
particles over 0.0232 of an inch in size from the exhaust
flow of an internal combustion engine that is operated by
hydrocarbon fuels. Motor trucks, truck tractors, buses and
passenger vehicles, except motorcycles, are not subject to
the provisions of this section if the exhaust system is
equipped with a muffler as defined in the Vehicle Code.
"Spark arresters affixed to the exhaust system of
engines or vehicles, as described in this section, shall not
be placed or mounted in such a manner as to allow flames or
heat from the exhaust sytem to ignite any flammable material.
"27(b).
"No person shall sell, offer for sale, lease, or
rent to any person any internal combustion engine subject to
the provisions of Section 27(a) and not subject to the
provisions of Section 13005 of the Health and Safety Code,
unless he provides a written notice to the purchaser or
bailee, at the time of sale or at the time of entering into
the lease or rental contract, stating that the use or operation
of the engine on any forest -covered, brush -covered, or
grass -covered land, without providing, and maintaining in
effective working order, a spark arrester, as defined in
Section 27(a).
"28. LIABILITY AND PENALTY -
"Every person is guilty of a misdemeanor who:
"(a) sells, offers for sale, leases, or rents to any
person any tractor, engine, machine, or truck equipped with
an internal combustion engine that is operated on hydrocarbon
fuels, if either:
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"1. It is specifically designed for use in
harvesting or moving grain or hay or for use
on land covered with any other flammable
agricultural crop, unless the exhaust system
of such engine is equipped with a spark
arrester in effective working order.
"2. It is not specifically designed for any of
the uses described in paragraph (1) but could
be used for any such uses, unless such person
provides written notice to the purchaser or
bailee of his criminal liability for operating
it without a spark arrester in effective
working order as provided in subdivision (b).
"(b) Operates or causes to be operated, without
maintaining in effective working order a spark arrester
attached to the exhaust system, any tractor, engine,
machine, or truck equipped with an internal combustion
engine that is operated on hydrocarbon fuels in harvesting
or moving grain or hay, or operates, without maintaining in
effective order a spark arrester attached to the exhaust
system, any such equipment or vehicle on land covered with
any other flammable agricultural crop.
"NOTES:
"1. Spark arrester, as used in this section is as
defined in Section 27(a).
Spark arresters attached to the exhaust
system of engines on equipment or vehicles,
as described in this section, shall not be
placed or mounted in such a manner as to
allow flames or heat from the exhaust system
to ignite any flammable material.
"3. Motortrucks, truck tractors, buses and
passenger vehicles, except motorcycles, are
not subject to the provisions of paragraph
(2) of subdivision (a) if the exhaust system
is equipped with a muffler as defined in the
Vehicle Code. (H & SC 13005)
"Section 4-2.115
Appeals.
"Whenever any permit required by the provisions of
this Chapter is denied, revoked, or suspended, the applicant
may appeal to the Council within thirty (30) days after the
date of the decision appealed as set forth in Chapter 4 of
Title 1 of this Code.
"Section 4-2.116
New Materials, Processes, and
Occupancies Requiring Permits.
"The City Manager, or his designee, the Fire Chief,
and the Fire Marshal shall act as a committee to determine
and specify, after giving affected persons an opportunity to
be heard, any new materials, processes, or occupancies, in
addition to those enumerated in said Fire Code, which shall
require permits. The Fire Marshal shall post such list in a
conspicuous place in the City offices and distribute copies
thereof to interested persons.
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"Section 4-2.117. Administration: Disputes.
"In the event of any dispute or disagreement as to
the administration of the provisions of this Chapter, the
determination of the Council shall be final.
"Section 4-2.118. Waivers.
"The City reserves the right to waive, upon a
review and determination by the Council, any provision of
this Chapter.
"Section 4-2.119. Violations: Penalt
"(a) It shall be unlawful for any person to violate any
provision of said Fire Code or this Chapter, 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 issued
thereunder, or to fail to comply with an order by the Council
or by a court of competent jurisdiction within the time
fixed therein, and any such violation shall be punishable as
set forth in Chapter 2 of Title 1 of this Code.
"(b) 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 3. Effective Date.
This Ordinance shall take effect and be in force thirty
(30) days after its passage.
SECTION 4. City Clerk's Certification.
9%e City Clerk shall certify to the adoption of this
Ordinance and cause same to be posted in the duly -designated
posting places within the City of San Juan Capistrano within
fifteen (15) days after its passage.
PASSED, APPROVED AND ADOPTED this 21st day of
.T„ly , 1981 , by the following vote, to wit:
ATTEST:
ITY CLE
AYES: Councilmen Friess, Buchheim, Bland, Hausdorfer
and Mayor Schwartze
NOES: None
ABSENT: None
PHILLIP R. SCHWARTZE, MAYOR
S�