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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: -2- "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. -3- 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. ae x 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. -5- "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 -6- 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: -7- "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. -8- "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�