HomeMy WebLinkAbout95-24 Adopting 1994 Uniform Fire Code Prescribing Regulations Governing Hazardous ConditionsORDINANCE N0.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA AMENDING CHAPTER II OF
TITLE 7 OF THE COSTA MESA MUNICIPAL CODE
ADOPTING THE 1994 UNIFORM FIRE CODE PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS
TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS
MATERIALS OR EXPLOSION; PROVIDING FOR THE
ISSUANCE OF PERMITS FOR HAZARDOUS USES OR
OPERATIONS; AND ESTABLISHING A BUREAU OF FIRE
PREVENTION AND PROVIDING OFFICERS THEREFOR
AND DEFINING THEIR POWERS AND DUTIES.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1: The City Council of the City of Costa Mesa hereby finds and declares that
recent revisions of the Uniform Fire Code are in keeping with modern fire department practices.
The City Council further finds and declares that certain modifications thereto are desirable to
conform with the needs of the City of Costa Mesa due to the City's unique climate, topography
and geology in that the City is located in a semi -arid coastal region. The City Council further
finds and declares that the public health, safety and welfare require the adoption of the 1994
Uniform Fire Code.
SECTION 2: Chapter II, Title 7, of the Municipal Code of the City of Costa Mesa is
hereby repealed and Sections 7-25 through 7-65, inclusive, are reserved for future use.
SECTION 3: Chapter II of Title 7 of the Municipal Code of the City of Costa Mesa
entitled FIRE PREVENTION is hereby amended as follows:
"CHAPTER II. FIRE PREVENTION
Sec. 7-14. Adoption of Uniform Fire Code.
There is hereby adopted by the City Council of the City of Costa Mesa, California, for the
purpose of prescribing regulations governing conditions hazardous to life and property from fire,
hazardous materials or explosion, that certain code known as the Uniform Fire Code, published by
the International Fire Code Institute, being particularly the 1994 edition and Appendix Chapters I-
C, II -F, III -A, III -B, III -C, V-A, and VI -A of which not less than one (1) copy is now filed in the
Office of the City Clerk of the City of Costa Mesa and the same is 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.
Sec. 7-15. Amendments to Article 1 of the Code, ADM[I ISTRATION.
Section 105.2.2 is amended to read as follows:
Sec. 105.2.2 Expiration. A permit shall continue until revoked or for such a period of time as
designated therein at the time of issuance. Long term permits shall be renewable annually.
Permits shall not be transferable and any change in use, occupancy, operation or ownership shall
require a new permit.
Section 105.8 is amended by deleting the requirements for permits for the following:
f.1. Fire hydrants and water -control valves.
w.1. Welding and cutting operations.
Sec. 7-16. Amendment to Article 9 of Code, FIRE DEPARTMENT ACCESS AND WATER
SUPPLY.
Section 903.2.1 is added to read as follows:
Sec. 903.2.1. Maximum Fire Flow
No person shall erect or modify any building in such a manner so as to create a fire flow
requirement in excess of 5,500 gallons per minute.
Sec. 7-17. Amendments to Article 10 of Code, FIRE ALARM SYSTEMS.
Section 1008 through 1008.8 are added to read as follows:
Section 1008. FIRE WARNING SYSTEMS.
1008.1. Every existing dwelling unit within an apartment house and every existing guest
room in a hotel used for sleeping purposes shall be provided with California State Fire Marshal
approved smoke detectors. In dwelling units, detectors shall be mounted on the ceiling or wall at
a point centrally located in the corridor or area giving access to rooms used for sleeping purposes.
In efficiency dwelling units, hotel sleeping rooms and in hotel suites, the detector shall be centrally
located on the ceiling of the main room or hotel sleeping room.
Where sleeping rooms are on an upper level, the detector shall be placed at the center of
the ceiling directly above the interior stairway. All detectors shall be located in accordance with
approved manufacturer's instructions. When actuated, the detector shall provide an alarm in the
dwelling unit or guest room.
1008.2. When alterations, repairs or additions requiring a permit and having a valuation in
excess of one -thousand dollars ($1,000.00) occur, or when one (1) or more sleeping rooms are
added or created in existing single-family occupancies, the entire building shall be provided with
smoke detectors located as required for new Group R, Division 3 Occupancies.
1008.3. Smoke detectors may be battery operated when installed in existing buildings or
in buildings without commercial power; or in buildings which undergo alterations, repairs or
additions regulated by Section 1008.2.
1008.4. Installation and Maintenance. It shall be the responsibility of the owner to supply
and install all required detectors. The owner shall be responsible for testing and maintaining
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detectors in common stairways and hallways. It shall be the responsibility of the tenant, whose
tenancy will be longer than two (2) weeks, to test detectors within dwelling units or rooming units
weekly and to notify the owner or authorized agent, in writing, of any deficiencies. The owner
shall be responsible for providing each tenant with written information regarding detector testing
and maintenance, or such information may be posted in common areas commonly visited by
tenants such as the laundry room area.
The owner or authorized agent shall not be in violation of this act for a deficient detector
unless he or she has failed to correct the deficiency within a reasonable time after he or she has
received written notice of the deficiency.
1008.5. When there is a change in ownership in existing Group R, Division 3 Occupancies
the entire building shall be provided with smoke detectors located as required for new Group R,
Division 3 Occupancies, as required in the Uniform Building Code, 1994 Edition. Seller shall
provide a certificate of compliance prior to close of escrow.
1008.6. In all existing Group R, Division 1 Occupancies and existing Group R, Division 3
Occupancies not owner -occupied, the entire building shall be provided with smoke detectors
located as required for new Group R, Division 1 and new Group R, Division 3 Occupancies.
Smoke detectors may be battery operated when installed in existing buildings.
1008.7. In no case shall code enforcement inspections be conducted in family dwellings to
ascertain compliance with this section. However, should a fire occur in a dwelling or hotel room
required to be equipped with a smoke detector and that dwelling or hotel room is not equipped
with at least one (1) approved smoke detector, the owner of said property shall be in violation of
this section and may be cited.
1008.8. Where battery-operated smoke detectors are currently installed and maintained in
operable condition in any building, they shall be deemed to be in compliance with this section.
Sec. 7-18. Amendments to Article 11 of Code, GENERAL SAFETY PRECAUTIONS.
Section 1109.4.1.1 is added to read as follows:
Sec. 1109.4.1.1. No smoking signs in foreign languages shall be required where, in the opinion of
the Chief, non-English speaking persons are regularly employed. The international "No Smoking"
symbol may be used instead.
Section 1115 through 1115.12 are added to read as follows:
Section 1115. TEMPORARY STANDS FOR THE SALE OF CHRISTMAS TREES. All
temporary stands for the display and sale of Christmas trees are required to have a permit and
shall be located, maintained and operated subject to the following provisions:
1115.1. All applications for permits shall be made in writing, filed with the City Council,
and shall state the name of the applicant, his residence address and the location of the proposed
Christmas tree stand. The application shall be accompanied by a clearance from the Fire Chief as
to fire regulations and by a clearance from the Division of Building Safety as to the proposed
electrical installation, if any, and additionally by clearance from the Traffic Engineering Division
for review of stand location in relation to possible interruption of traffic.
1115.2. All permits must be posted in a conspicuous place.
1115.3. There shall be maintained in each premises or display within which Christmas
trees are sold or offered for sale at least two (2) fire extinguishers with a minimum rating of 2A,
1OBC. No tree on display or in storage shall be more than seventy-five (75) feet travel distance
from a fire extinguisher.
1115.4. All such Christmas tree display lots and areas shall be constructed in accordance
with existing City requirements and specifications.
1115.5. All temporary Christmas tree lots for the display and sale of Christmas trees shall
obtain electrical permits from the City of Costa Mesa prior to any electrical work.
1115.6. No arc or klieg lights shall be located within seventy-five (75) feet of any
temporary Christmas display area selling Christmas trees.
1115.7. It shall be unlawful to store any Christmas trees for sale in any buildings,
residences, garages, homes, or vehicles within the City of Costa Mesa.
1115.8. There shall be at least one (1) adult in attendance during the open or sale hours of
the Christmas tree stand.
1115.9. The permittee shall provide an adult night watchman to act and serve during the
hours of storage.
1115.10. No alcoholic beverages shall be allowed on the premises.
1115.11. No Christmas tree shall be represented as being flame-retardant unless made so
by a flame-retardant solution and process approved by the State Fire Marshal.
1115.12. All Christmas trees and tree trimmings shall be removed from the premises by
January 2.
Sec. 7-19. Amendments to Article 78 of Code, FIREWORKS AND PYROTECHNIC SPECIAL
EFFECTS MATERIAL.
Section 7802.3 is amended by adding Exception No. 3 as follows:
Section 7802.3. Exception No. 3. The sale and use of safe and sane fireworks is allowed as set
forth in Sections 7804 and 7805.
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Section 7804 through 7805.17 are added to read as follows:
Sec. 7804. PERMITS FOR SAFE AND SANE FIREWORKS. No person shall offer for sale
any safe and sane fireworks as labeled by the State Fire Marshal without a valid permit from the
Costa Mesa Fire Department. Such permits shall be issued only to those organizations which
qualify pursuant to Section 9-181 of the Costa Mesa Municipal Code.
All applications for permits shall be made in writing, filed with the City Council, and shall
state the name of the applicant, his address and the location of the proposed stand. The
application shall be accompanied by a clearance from the Fire Chief as to fire regulations, by a
clearance from the Division of Building Safety as to the proposed electrical installations, and
additionally by clearance from the Traffic Engineering Division for review of stand location in
relation to possible interruption of traffic."
Section 7805 is added to read as follows:
Section 7805. REQUIREMENTS FOR FIREWORKS STANDS. All temporary stands
for the display and sale of fireworks shall be located, maintained and operated subject to the
following provisions:
7805.1. No fireworks display or stand shall be erected within one hundred (100) feet of
any gasoline dispensing device or room in which vehicles containing gasoline are repaired or
within thirty-five (35) feet of any other structure. Minimum setback from a public sidewalk shall
be five (5) feet; setback from street curbing shall be not less than ten (10) feet where no sidewalk
exists.
7805.2. There shall be maintained in each premises or stand within which fireworks are
sold or offered for sale, a fire extinguisher with a minimum rating of 2A,10BC located adjacent to
each exit.
7805.3. No person shall light or cause or permit to be lighted any fireworks, match,
lighter or any other article or material within any such stand or within fifty (50) feet thereof.
7805.4. No smoking shall be allowed in any structure used for the sale and display of
fireworks or within fifty (50) feet of said structure. "NO SMOKING" signs shall be displayed
prominently and in a number prescribed by the Fire Chief.
7805.5. All such temporary stands shall be constructed to existing City requirements and
specifications.
7805.6. All temporary stands for the display and sale of fireworks shall obtain an
electrical permit from the City of Costa Mesa prior to performance of any electrical work.
7805.7. No arc or klieg light shall be located within seventy-five (75) feet of any
temporary stand selling fireworks.
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7805.8. Fireworks shall be sold only between the hours of 9:00 a.m. and midnight during
the days authorized.
7805.9. No safe and sane fireworks shall be sold or offered for sale within the City to a
person under the age of eighteen (18) years. No fireworks shall be sold or offered for sale within
the. City unless such sale occurs between July 1 and July 4, inclusive. No fireworks of any kind
may be discharged within the City unless in the presence of an adult and on July 4th between 4:00
p.m. and 10:00 p.m. of such day. No person shall throw, toss, project, or position ignited
fireworks of any kind in such a manner as to cause the fireworks or contents thereof to come in
contact with another person's body, private property or real property.
7805.10. The permittee shall strictly comply with all of the provisions of the State
Fireworks Law, Sections 12500 et. seq. of the Health and Safety Code of the State of California.
7805.11. Fireworks shall be stored and kept only in the permittee's sale booth. It shall be
unlawful to store any fireworks intended for sale in any building, residence, garage, home or
automobile within the City of Costa Mesa.
7805.12. There shall be at least one (1) adult in attendance during any open or sale hours
of the fireworks stand. No person under the age of eighteen (18) years, and no person who is
physically or mentally unable to remove himself shall be permitted within a fireworks stand.
7805.13. The permittee shall provide an adult night watchman to act and serve during the
hours of storage. Under no circumstances shall any night watchman sleep within any fireworks
stand.
7805.14. No alcoholic beverages shall be allowed on premises.
7805.15. All fireworks fuses shall be taped.
7805.16. All permits must be posted in a conspicuous place.
7805.17. No fireworks shall be sold or offered for sale within the City which are classified
as dangerous fireworks and wood core or metal core sparklers, as those terms are defined by the
California Health and Safety Code, nor shall any person be allowed to sell or offer to sell
fireworks within the City without first having obtained a permit from the State of California as
required under the laws of the State.
Section 7-20. Amendments to Article 80 of Code, HAZARDOUS MATERIALS.
Section 8001.3.4 is added to read as follows:
Section 8001.3.4. Hazardous Materials Disclosure.
Pursuant to Section 25502 of the Health and Safety Code of the State of California and with the
agreement of the County of Orange, the City of Costa Mesa assumes responsibility for the
implementation of Chapter 6.95 of Division 20 of the said Health and Safety Code and designates
the Costa Mesa Fire Department as the administering agency responsible for administering and
enforcing said chapter. The Fire Chief is authorized to establish rules and regulations as necessary
for such administration and enforcement.
Sec. 7-21. Modification in Code.
The Chief of the Fire Department shall have power to modify application of any of the
provisions of the Uniform Fire Code upon application 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 intent and spirit of the code shall be observed, public safety
secured, and substantial justice done. The particulars of such modification when granted or
allowed and the decision of the Chief of the Fire Department thereon shall be entered upon the
records of the department, and a signed copy shall be furnished to the applicant.
Sec. 7-22. New materials, processes or occupancies which may require permits.
The City Manager, the Fire Chief of the Fire Department and the Fire Marshal, or their
designated representatives, shall act as a committee to determine and specify, after giving affected
persons an opportunity to be heard upon written notice, a list of any new materials, processes or
occupancies which shall require permits, in addition to those now enumerated in this Code. The
Fire Marshal shall post such list in a conspicuous place in his office and distribute copies thereof
to interested parties.
Sec. 7-23. Penalties.
(a) Any person who shall violate any of the provisions of this code hereby adopted or fail
to comply therewith, or who shall construct or modify any building in violation of any detailed
statement of specification or plans submitted and approved thereunder, or any certificate or permit
issued thereunder, and from which no appeal has been taken and granted, or who shall fail to
comply with such an order as affirmed or modified by the Chief of the Fire Department or by a
court of competent jurisdiction, within the time fixed herein, shall severally for each and every
such violation and noncompliance respectively be guilty of a misdemeanor. The imposition of one
(1) penalty for any violation shall not excuse the violation or permit it to continue; and all such
violators shall be required to correct or remedy such violations or defects within a reasonable
time; and when not otherwise specified, each ten (10) days that prohibited conditions are
maintained constitute a separate offense.
(b) The application of the above penalty shall not be held to prevent the enforced removal
of prohibited conditions.
12. Sec. 7-24. Severability.
The City Council of the City of Costa Mesa hereby declares that should any section,
paragraph, sentence or word of this chapter or the code hereby adopted be declared for any
reason to be invalid, it is the intent of the City Council of the City of Costa Mesa that it would
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have passed all other portions of this chapter, independent of the elimination herefrom of any such
portion as may be declared invalid.
Secs. 7-25 - 7-65. Reserved.
SECTION 4. This Ordinance shall take effect and be in full force thirty (3 0) days from
and after the passage thereof, and prior to the expiration of fifteen (15) days from its passage shall
be published once in a newspaper of general circulation, printed and published in the City of Costa
Mesa 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 summary and shall post in
the office of the City Clerk a certified copy of this Ordinance together with the names of the
members of the City Council voting for and against the same.
PASSED AND ADOPTED this ?day of 19 QIP
c
DeputM2ea Clerk of the City of May f the City of Costa Mesa
Costa
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOT, Deputy City Clerk and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that the above and foregoing Ordinance No. 45 - a 4 was
introduced and Sonsidered section by section at a regular meeting of the City Council held on the
/0— day of1996-, and thereafter passed and adopted as a whole at a regular
meeting of the City Council held on the ;klr4' day of , 19'76, by the following
roll call vote:
F.'% 1
E-RiCIC -SD IJ) 8 U F F A
NOES: N p N C—
ABSENT: rJ p ftJL
Pt) AN 13U6MLL=, C—EOi i s� (n0n1,414-A A)
IN WITNESS W1--1EREOF; I-ha_ve hereunto set my hand and affixed the Seal of the City
of Costa Mesa this ay of - \; 19
Approve as to Form:
Deputy CClerk and ex -officio Clerk of
City Attorney - "_' " __ the City CDncil of the City of Costa Mesa