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HomeMy WebLinkAbout113 - Adopting a Fire Prevention Code (Amended by ORD 247)ORDINANCE NO. 113 AN ORDINANCE OF UF, CITY OF COSTA i• -ESA ADOPTING A FIRE PREVENTION CODE PRESCRIHLNG R11DULATIO1-d GOVERNING CONDITIONS H.42.9RDOUS TO LIFE AND PROPERTY FROH FIRM, OR EXPLOSION. The City Council of the City of Costa Mesa does ordain as follows: SECTION 1. ADOPTION OF FIRE PREVF!ITIO;? CODE. There 1,3 hereby adopted. by the City Council of the City of Costa Mesa, for the. purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code reconunended by the National Board of Fir^ Underi-niters, being particularly the 1953 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 3 of this ordinance, of which code not less than three (3) copies have been and now are filed in the office of the City Clerk of the City of Costa Nesa, 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 Costa Mesa. SECTION 2. DEFINITION. Wherever the word "Municipality" is used in the Fire Prevention Code, it shall be held to mean the City of Costa Aesa. LiECTION 3. AMEWIIIKNt RADE IN THE FIRE PREVENTION CODE. The Fire Prevention Code is amended and changed in the following respects; A. Secti6n 1.02 of Article 1 is hereby amended to read as follows% The provisions of this Code shall apply equally to new and existing conditions, except that it is understood that it is the intent of the City Council to apply and enforce the provisions of this Code to new structures hereinafter erected, but to allow existing structures to contin,�e without change so long, as such structures do not constitute a serious fire hazard to life or adjoining; property. B. Article 12 is hereby deleted. C. Section 26.01 (b) of Article 26 is hereby mended to read as follows: PFMIT RESTRICTIONS. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land -without first obtaining a fire permiit frora the Fire Prevention Officer; and provided further that no such Are permit shall be issued except on the following conditions: -l- L a. That burning be allowed only bet*.peen 5:00 a.m. and 10:00 a.m. b. That an adult stay in constant attendance. c. That before burning an area shall be cleared away from any building, fences and shrubbery to the extent prescribed as necessary by the Fire Prevention Officer. d. That no burning take place on windy d.Zrs. e. Subject to the conditions as ;W be deemed necessary by the Fire Prevention Officer for the protection of life and property, D. There is hereby added to Section 26,01 of Article 26 Sub -section D, reading as follows: Any new incinerator used by any person shall be an approved incinerator in accordance ivith the requirements established by the Fire Prevention Officer. All such new incinerators shall be located at least three feet from the property line or fonce and at least ten feet from any structure. SECTION 4. MODIFICATIOI3. The Fire Prevention Officer shall have power to modify any of the provisions of the Fire Prevention Code upon applica- tion in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured, and substantial justice done. The particulars of such modifica- tion when granted or allowed and the decision of the FYre Prevention Officer thereon shall be entered upon the records of the Department and a signed copy shall be furnished the applicant. SECTION 5. APPEALS. 1henever the Fire Prevention Officer shall disapprove an application or refuse to grant a license or permit applied for, or irhen it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code Dave been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Prevention Officer to the City Council within 30 days from the date of the decision. SECTION 6. PMLTIES. A. Any person who shall violate mV of the provisions of the Code hereby adopted or fail to corply therewith, or who shall violate or fail to comply with any order made thereunder, or wrho shall build in violation of any statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has -2- lft i I%.. been taken, or who shall fail to comply with such an order as affirraed or modified by a oourt of coqetent jurisd _ction, within the time fixed herein, shall severally for each and every suv'i violation and noncompliance respectively, be. guilty of a misdemeanor, punishable by a fine of not .sore than :3500.00 or by imprisonment, for not more than 30 days or by both such fine and iatprisonment. The imposition of one penalty for &T. 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. tan days tact p-rohibited conditions are maintained shall constitute a separate offense. H. The application of the above, p nal%,, shall rot be held to prevent, the enforced removal oS prohibited conditions. SEf:TI0r1 7. R PYAI, OF CCIdFLICTIMI CRDINUCES. All former ordinances or parts thereof .orflicting or inconsistent with the provisions of this ordinance or of the Code hereby adopted are hereby repealed. SMTION 8. VALIDITY. The City Cotuicil hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the Code hereby adopted be declared for ark- reason to be invalid, it is the intent of the City Council that it, would have passed all other portions of this ordinance independent of the elimination herefrom of arty such portion as may be declared invalid. SECTION S. DATE OF Er-FF7fO.T. This Ordinance shall take effect and be in force thirty (30) days from and after its passage and prior to the expiration of fifteen (15) days frays its passage shall be published once in the Costa Kesa Globe Herald, a newspaper of general circulation, printed and published in the City of Costa Aesa, together with the names of the members of this City `..�euuGil voting for and against the same. L'-_4yor of the City o os a I•iesa ATTEST: wA —My G or o he Cit,,,, of os a7' esA -3- M STATE OF CALIFOI?NL4 j ) SS County of Orange ) I, A. C. S JAP.T7., City Clerk and ex -officio Clerk of the City Cowmil l of the City of Costa mesa, do hereby certify that at an adjourned meeting of the City Council of the City of Costa Mesa, held on the 28th day of November, 1955, the foregoing, Ordinance was considered ssction by section and that said Ordinmac was then passed Fan,,? adoptAd as a whole by the folloidng vote: AYES: Councilmen Martin, Nelson, &Atha M.Inkle and .Pinkley NOES= ComtUraen - None AMEM Counoi lmn - None IN WIT, 'zS 'Im' MOF I have 'rareunto set my hand anti affixad the official seal of the City of Costa Mesa tMe 219th day of November, 1955. ,,uar z, City Clerka. ex-offici Clerk of the City Councilof the City of Costa .'Ie3a LEGAL NOTICE ORDINANCE NO. 247 AN ORDINANCE OF THE CITY OF COSTA MESA AMENDING ORDIN- ANCE NO. 113, TO AUTHORIZE THE USE OF AUTOMATIC NOZ- ZLES. The City Council of the City of Costa Mesa does hereby ordain as follows: SECTION 1. Section 15.503-B of the Fire Prevention Code of the City of Costa Mesa, as adopted by Ordinance No. 113, is hereby amended to read as follows: "In lieu of being held open by hand, an approved automatic nozzle may be used for dispensing a Class I flammable liquid into the fuel tank of a vehicle. Said automatic nozzle shall first be approved by the Fire Chief of the City of Costa Mesa, who shall first determine that such said nozzle shall meet the following prescribed conditions: Such a nozzle shall have the latch open device as an integral part of the assembly, and shall shut off the liquid completely when the gasoline tank is filled, when it falls from the filling neck of an automobile tank, and when it is subject to rough usage, and when an automobile is moved while the nozzle is still in the tank. Such approved automatic nozzle shall be restricted to areas which are black - topped or paved, and where a compe- tent attendant shall be at all times within ten (16) feet of said nozzle when the same is in use. It shall be illegal to use a device such as a gas tank cap, wooden peg, or any other device not being an in- tegral part of the assembly of said such nozzle. SECTION 2. ENACTMENT CLAUSE: This Ordinance shall take effect and be in force thirty (30) days from and after its passage and prior to the expiration of fifteen (15) days from its passage shall be pub- lished once in the Globe -Herald and Pilot, a newspaper of general circu- lation, printed and published in the City of Costa Mesa, together with the names of the members of the City Council votinj for and against the same. J. W. SMITH Mayor of the City of Costa Mesa ATTEST: A. C. SWARTZ City Clerk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. I, A. C. SWARTZ, City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, do hereby certify that at a regular meeting of the City Council of the City of Costa Mesa, held on the 29th day of June, 1959, the foregoing Ordinance was con- sidered section by section and that said Ordinance was then passed and adopted as a whole by the following vote: AYES: Rea, B. Smith, Meyers, Pinkley, J. Smith NOES: None ABSENT: None IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the City of Costa Mesa this 30th day of June, 1959. A. C. SWARTZ City Clerk and ex -offi- cio Clerk of the City Council of the City of Costa Mesa Published Globe -Herald & Pilot, Cos- ta Mesa, Calif. July 1, 1959. N-19 LFIOAL NOTICE ORDINANCE NO. 113 AN ORDINANCE OF THE CITY i OF COSTA NIF.SA ADOPTING A FIRI; PR ,F,NTION, CODE PRESCRIBIN WEr ATIONS' GOVERNING ; vDITIONS HA. ZARDOUS TO LIFE AND PRO- PERTY pgOM FIRE OR EX- FL-OSION. The City Council of ti s City of Costa Mesa does ordain as fol- authorize any such fire to be refuse fn ,^.rant a license ori permit should any section, paragraph, lows: kindled or maintained on any pri-applied for, or when it i� claimedsentence. or word of this ordinance SECTION 1. ADOPTION OF vate land without first obtaining a I that We prQVIsfbns Of the Code or of the Code hereat/ adopted be in - FIRE PREVENTION C 0 D E. clared for any reason to be in - fire permit from the Fire Preven- l do not apply -or that the true in- id. it is the intent of the City There is hereby adopted by the tion Officer; and provided further tent pnd meaning of the Code Cih- Council of the City of Costa btlncil that it would have passed that no such fire permit shall be have been misconstrued or wrong- all other portions of this ordinance ;Mesa, for the purpose of prescrib iv interpreted, the applicant may; p ing regulations governing condi-!,issued except on the following con.; independent of the elimination tions hazardous to life and pro. ditions: , appeaL,from the decision of the herefrom of any such portion as Fire Pl�ventioh Officer to the City may be declared invalid. perry from fire or explosion, that ! a. That burning be allowed only', Council within 30 days from the SECTION 9. DATE OF EF - certain code known as the Fire' between 5:00 a.m. and 10:00 a.m. date of the decision. Prevention Code recommended by l b. That an adult stay in constant FECT..This Ordinance shall take the National. Board of Fire Under-� attendance. SECTION 6. PENALTIES. effect and be in force thirty (30) writers, being particularly the 19531i days from and after its passage edition thereof and the whole there e. That before burning an area A. Any person who shall violate and prior to the expiation of fif- shall be cleared away from any, any of the proVlsions of the Code teen (15) dacs from Its passage of, save and e:.cept such portions building, fences and shrubbery to hereby adopted or fall to comply shall he published once in the Cos• as are hereinafter deleted, in, the extent prescribed as nee, [herewith, nr who shall violate or u+ Mesa Globe Herald, a newspa- tied or amended by Section 3 of ; sary by the Fire Prevention Of- fall to e c m p I y with any order this ordinance, of which code not fiver. made thereunder, or who shall per of general circulation, print - less than three (3) copies have build in violation of any statement ed and published in the City of been and now are filed in the of. d. That no burning take place on Costa Mesa, together with t h e of specifications or plans submit - Tice of the City Clerk of the City windy days. names of the member; of the City ted and approved thereunder. or Council voting for and against the of Costa Mesa, and the same are; e. Subject to the conditions as; any certificate or permit issued g hereby adopted and incorporated I may be deemed necessary by the same thereunder, and from which no . as fully as If set out at length ! Fire Prevention Officer for the pro- appeal 'has been taken, or who C, M. NELSON hi herein, and from the date on Wch tettion of life and property. shall fail to comply with such an lMayor of the 'City of Costa !Mesa this ordinance shall take effect, ! D. There is hereby added to Sec- order as affirmed or modified by ATTEST:=' the provisions thereof shall be cow tion 26.01 of Article 26 Sub -section i s court of Conipetent IUrtadiction. A. C SWARTZ trolling within the limits of the ; D, reading as follows: Any new ; within the time fixed herein. shill City Clerk of the City of Costa City of Costa :uesa, 1Incinerator used by ans person' severally for• each and every such, Mesa t i shall be an approved incinerator, violation and noncom STATC OF CALIFORNIA) SECTION 2. DEFINITIONS. I noncompliance re Wherever the word ".MUniclpal-,In accordance with the require-Ispectively, be gollt> or a misde- )SS ity" is used in the Fire Preven-i menls established by the Fire Pre- meaner, putllshai,le b>- a ��ne'Qi County, of Orange) tion Code. It shall be held to mean I v'ention Officer. All such new incin- I not more than $500.00 or by ttl I, A. C; tWART,Z City Clerk t d at l t l ll b h erators sae located risonment for not mote -than 161 and ex -o Clerk of the Cif the City of Costa Mesa. � P ' Y SECTION 3, AMENDMENTS three feet from the property line days or by both such fUti ii)d im Council of, City of Costs Mesa, MADE IN THE FIRE PREVEN- or fence and at least ten feet from prisonment. The impositr6d.of ooh' do hereby: tify$that at anlad- TION CODE. The Fire Preven- ant/ structure. penalty for any violation khall not journal n1i 0 of the City Colin. tion Code Is amended and changed SECTION 4. MODIFICATIONS. excuse the violation or permit It to til of the t kY' of L'osta Mesa, held in the following respects: I The Fire Prevention Officer shall continue: and all .auch - porgonsi on the 28th. day of November, have power to modify any of the shall be required to correct or! 1088, the fortgoing Ordinance was A. Section 1.02 of Article 1 is I provisions of the Fire Prevention remedy such violatlolts or defects considered lection by section and hereby amended to read as fol- Code upon application in writing within a res And that said Ordinance was then pass- lows: The provisions of this Code i by the owner or lessee, or his duly who t oth 6, 'each ed and adopted as a whole by the shall apply equally to new and ex- I authorized agent, when there are ten ! th d condi following vote: !sting conditions, except that it is ; practical difficulties in the way of tions are i iarit li shah consti- AYES: Councilmen Martin, NO - understood that it Is the Intent of carrying out the strict letter of the lute a separate offense. son, Smith, TeWinkle and Pinkley the City Council to apply and en- Code. provided that the spirit of R. The application of the above NOES: Councilmen — None force the provisions of this Code the Code shall be observed, public penalty shall not be held to pre - to n e w structures hereinafter safety secured. and substantial vent the enforced removal of pro- ABSENT: Councilmen - None erected, but to allow existing strut- justice done. The particulars of hibited conditions. IN WITNESS WHEEOF I have tures to continue without change such modification when granted or hereunto set my hand and affixed so long as such structures do not allowed and the decision of the SECTION 1. REPEAL OF CON- the official seal of the City of constitute a serious fire hazard to Fire Prevention Officer thereon FLICTING ORDINANCES. All Costs Mesa this 29th day of No life or adjoining property. shall be entered upon the records former ordinances or parts thereof vember, 1055. B. Article 12 is hereby deleted. of the Department and a signed conflicting or inconsistent with the A. C. Swartz, City Clerk and ex - C. Section 26.01 (b) of Article 26 copy shall be furnished the appli- provisions of this ordinance or of offielo Clerk of the City Council of the Code hereby adopted are here- the Cit is heresy amended to read as fol- cant. by repealedy of Costa Mesa. , lows: PERMIT RESTRICTIONS. SECTION 5. APPEALS. When- Published Costa Mesa Globe Her - ,No person shall kindle or main -ever the Fire Prevention Officer SECTION S. VALIDITY. The aid, Dec. 4, 1955, Costa Mesa, Main any bonfire or rubbish fire or I shall disapprove an application or City Council hereby declares that Calif. STATE OF CALIFORNIA County of Orange ss. I,Faul , being first duly sworn, and on oath depose and say that I am the manfl ger of the Costa Mesa Globe -Herald, a weekly newspaper printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of OrdNo. 113 FireA Prevention Code ' of which copy attached hereto is a true and complete copy, was printed and published in the regular issue(s) of said newspaper for. _—_ consecutive weeks: to -wit the issue(s) of , 195- 195 195_ 195_ t D 195_ (signed) ^-� V_ Subscribed and sworn to before me this--/.I—day of 193-5 - Notary Public in and for the County of Orange, State of California.