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ORD-03-83 ADOPTS THE UNIFORM FIRE CODE GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIR AND EXPLOSIONI' Ill/Ililli!/", '"',.....::wn., _..~--,~ O~ GE CITY NEWS: Please publish Wednesday, March 16, 1983 only and send PROOF and PROOF OF PUBLICATION to City Clerk, 300 E. Chapman Ave., Orange, CA. 92666 Marilyn J.. Jensen, City Clerk ORDINANCE NO. 3- 83 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE ADOPTING THE UNIFORM FIRE CODE, 1979 EDITION, AND APPENDICES A-I,BY REFERENCE, AND AMENDING CHAPTER 15.32 OF THE ORANGE MUNICIPAL CODE BY PRES-CRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, AND PROVIDING FOR A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES AND RETAINING IN FULL FORCE AND EFFECT FIRE CODE AMENDMENTS WHICH RELATE TO EXPLOSIVES, FIREWORKS, AND FIRE PROTECTION AND DETECTION SYSTEMS FOR HIGH RISE BUILDINGS AND OTHER STRUC-TURES, AND FIXING PENALTIES FOR VIOLA-TION.WHEREAS, Health and Safety Code Section 17922 provides for the adoption of certain uniform building and housing codes; and WHEREAS, said State law provides that local governments shall impose substantially the same requirements as provided by State law in regard to such uniform building and housing codes; and WHEREAS, the City Council of the City of Orange desires to provide for the adoption of more recent editions of such uniform building and housing codes.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS:SECTION I: Chapter 15. 32, Sections 15.32.010 through 15.32.120, of the Orange Municipal Code is hereby repealed.SECTION II: Chapter 15. 32, Sections 15.32.010 through 15.32.140, is hereby added to the Orange Municipal Code to read as follows:Chapter 15. 32 UNIFORM FIRE CODE Sections:15. 32. 010 Adoption.15.32. 020 Bureau of Fire Prevention--Establishment--Duties. 15.32.030 Definitions. 15.32.040 Storage of Flammable or Combustible LiquidS-- District Limits Established. 15.32.050 Bulk Storage of Liquified Petroleum Gases-- Establishment of Limits Where Restricted. 15.32.060 Storage of Explosives and Blasting Agents-- Establishment of Limits Where Restricted. 15.32.070 Section 77.106(a) Amended--General Requirements.15.32.080 Article 78 Amended--Fireworks.15.32.090 Sections 10.500, 10.501, and 10. 502 Amended--Fire Protection.15.32.100 Section 10.503, Requirements for Key Boxes.15.32.110 Section 10.207 Secondary Access Requirement.15.32.120 Activities and/or Occupancies Requiring Permits.15.32.130 Fire Safety Clearance Certificate Required.15. i--m. "":mllli T.......... J1lIi 15.32.010 Adoption. There is adopted by the City of Orange, 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 recommended by the Western Fire Chiefs Association and the International Conference of Building Officials being particularly the 1979 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Sections 15.32. 070 through 15.32.130, of which Code not less than three copies have been and are now filed in the office of the Clerk of the City of Orange, and the same are adopted and incorporated as fully as if set out at length herein, and from the date on the effective date of the ordinance codified in this chapter, the provision thereof shall be controlling within the limits of the City of Orange.Ord. 44-79; Ord. 39-74: Prior Code 3800).15.32.020 Bureau of Fire Prevention--Establishment--Duties.The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City which is established and which shall be operated under the supervision of the Chief of the Fire Department. (Ord.44-79i Ord. 39-74).15.32. 030 Definitions. A. Wherever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be held to mean the Attorney for the City of Orange.B. Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of Orange (Ord.44-79:Ord. 39-74). 15.32.040 Storage of Flammable or Combustible Liquids--District Limits Established. A. The limits referred to in Section 79.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside above ground tanks is prohibited,are established as follows: In all zones, except the M-l or M- 2 zones, provided, however, that any such storage permitted in the M-l or M-2 zones must be storage which is located at least one hundred feet from any property used for residential or commercial purposes.B. The limits referred to in Section 79.601 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are established as follows: In all zones except the M-l or M-2 zones, provided, however, that any such bulk plants permitted in the M-l or M-2 zones must be storage which is located at least one hundred feet from any property used for residential or commercial purposes. (Ord. 44-79, Sect. II).15.32.050 Bulk Storage of Liquified Petroleum Gases--Establishment of Limits Where Restricted. The limits referred to in Section 82.105( a) of the Uniform Fire Code, in which bulk storage of 1iquified petroleum gas is restricted, are established as follows: In all zones, except in the M-l, M-2, C-l, C-2, and C-3 zones. (Ord. 62-80; Ord. 44-79).15.32.060 Storage of Explosives and Blastin~ Agents--Establishment of Limits Where Restricted. The l~ mits referred to in Section 77.106(b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are established as follows: In all zones, except in the M-2 zone, provided that such storage within said zone shall be permitted only upon approval of a Conditional Use Permit. The Fire Marshal may grant a Permit for the temporary storage of explosives and blasting agents for use in connection with approved blasting operations. ( Ord. lIa. The manufacture of eXJ?lo . . shall be prohibited w~thi~V~~ o~.btlast~ng agents exce t . e ~ y of Orangep ~n.the ~-2 zone when said manufacture is ap~roved ~n.s~~d zone by Conditional Use Permit.Th~s proh~b~t~on shall not apply to hand-l d'of small arms ammunition for personal u oha ~ ng for resale. II se w en not ord. 44-79 Section 2 (part), 1979: Prior Code 3806 part) ).15.32.080 Article 78 Amended--Fireworks. Article 78 of the Uniform Fire Code, 1979 Edition, is amended to read as follows: IIARTICLE 78 FIREWORKS"Section 787101. Dangerous Fireworks-Defined.Dangerous F~reworks shall include all fireworks included in Section 12505, of the Health and Safety Code of the State of California as said Section now exists or may be hereafter amended by the State of California."Section 78.102. Safe and Sane Fireworks-Defined.Safe and sane fireworks shall include any fireworks not designated as ' dangerous fireworks' or 'exempt fireworks' . "Section 78.103. Handling of Safe and Sane Fire-works. The use of safe and sane fireworks, the display, handling, transporting, and storage of safe and sane fireworks and pyrotechnics shall be in accordance with Title 19, Public Safety,Chapter 1, Sub- chapter 6, or applicable State laws."s ection 78.104. Dangerous Fireworks Prohibited.No person, firm, or organization shall manufacture,discharge, explode, fire, or set off any dangerous fireworks within the City of orange."Section 78. 105. Discharging Safe and Sane Fire-works. No person shall possess, store, handle or discharge any safe and sane fireworks except during the days that sales are permitted each year as set forth in Section 78.106 below. II Section 78.106. Sale of Safe and Sane Fireworks.No person shall display, sell, or store safe and sane fireworks in the City of Orange except from temporary stands erected and maintained solely for the display and sale of such fireworks. No persons shall sell or offer for sale such fire-works at any time except from noon July 1st to midnight July 4th. II IISection 78.107. Permit for Sale of Safe and Sane Fireworks. No person shall display, sell,or engage in the busines~ of sel~ing saf7 and sane fireworks without f~rst hav~ng obta1ned a permit to do so as provided herein and by permit procedures adopted by the City. II Section 78.108. Permits, Issuance. Permits for the sale of safe and sane firework~ shall be ,issued only for established an~ bona f:de non-prof1t charitable, fraternal, patriot1c, serV1ce or , ,religious organizations which regularly meet w1th1n the City of Orange. Permits shall be granted on~y after payment All 1fI_1iifj~l1Ti'rTrTtPli' [7 fee. Not more than one permit may be issued to each organization. Ratio of permits shall not exceed one to each twenty- five hundred population. Licenses, permits,and copy of rules and regulations must be posted in the fireworks stands during operations."Section 78.109. Application for Permits. Application for such permits may be obtained at the Business License Division after January 1st. Completed applications shall be submitted to the Fire Department on or before the first day of May. All sections of the permit application shall be complete, and application shall include proof of insurance and proof of eligibility for a permit under Section 78.108. The Fire Chief or his representative shall examine such application and shall issue such permit to such appli-cation and shall issue such permit to such applicant if all of the provisions of law and of this article have been complied with including all City of Orange Business Tax and Regulatory Permits and the Fire Chief or his representative determines that issuance of such permit will not be detrimental to the public safety.The denial of an application may be appealed to the City Manager pursuant to the Orange Municipal Code."section 78.110. Liability Insurance. As a condition precedent to granting a permit hereunder, the applicant shall furnish the City Attorney with a Certificate of Insurance, evidencing public liability insurance in the amount of $300,000 for death or injury to one person and 500, 000 for death or injury to more than one person, and property damage in the amount of $50,000 for each occurrence.The said insurance certificate shall indicate that the insurance shall be effective during the period that the activity is being conducted in the City of Orange and shall be obtained for both the applicant and for the City of Orange. Ten (10) days prior to intention not to renew,cancellation, or material change in the insurance, written notice shall be given to the City in which event the grantee shall provide a substitute insurance complying with this section in form and content approved by the City Attorney.The said Insurance Certificate shall include the following:1. Ten days prior written notice by registered mail in event of expiration, termination, or modification of any insurance coverage.2. All insurance carried by permittee shall be primary insurance not contributing to any other insurance held by City. 3. City to be named as insured or additional insured under all pOlicies.1I Section 78.111. Indemnification. The grantee shall defend, indemnify and hold harmless the City, its officers,boards, commissions, agents and employees, and each of them, against and from any and all claims, demands,actions, suits, liabilities, and judgments of every kind and nature, and regardless of the merit of the same arising out of or related to the use of any fireworks or any area of fireworks stands including costs of investigations, attorney's fees and court costs in the defense of any actions, to the extent that such claims or demands are alleged to be the result of an error, ommission, intentional act or negligent act of grantee or any persons employed by grantee, even if that grantee employee is in error or by mis-information alleged to be a grantor employee.1I 4- Section 78.112. Regulations for Temporary Stands. Any person operating any fireworks stand shall abide by and comply with the provisions of this Article, other regulations adopted by the City, and other reasonable conditions and restrictions which may be required by the Fire Chief. Viola- tions of any such regulations or conditions shall be grounds for revocation of permits or licenses to operate." Section 78.113. Stand Location on Premises. No stand shall be erected within one hundred (100) feet of any gasoline station or commercial garage nor within forty (40) feet of any structure. No stand shall be within ten (10) feet of a street curbing. No stand shall be within six (6) feet of a sidewalk." Section 78.114. Electrical. Stands shall have no temporary or portable AC electrical wiring lighting within the stand or fifty (50) feet thereof. All artifical lighting shall be supplied by battery powered "safari-type" lights, or the equivalent.Said light shall be approved for use by the Fire Department."Section 78.115. Prohibited Areas. No person shall sell, store, display, or discharge any fireworks in any oil or gasoline station, nor on any premises where gasoline or other flammable liquids are stored or dispensed,nor in any type of permanent structure, or other place not approved by the Fire Department."Section 78.116. Fire Protection in Stands. There shall be maintained within each stand approved fire extinguishers or charged garden hose or other fire protection devices as required by the Fire Chief."Section 78.117. Su ervisor on Dut . There shall be at least one person elghteen 18) years of age or older on duty within each stand at all times during the hours the stand is open. No children under the age of (18) years of age shall be permitted within the stand at any time. 1I Section 78.118. Night Watchman. The permittee shall provide at least one (1) person age eighteen (18) years of age or over, as night watchman for security pur-poses during the hours of storage. Under no circum-stances shall the night watchman sleep in the fireworks stand. Trailers, campers, tents, or similar equip-ment used by night watchmen shall not be parked within twenty-five (25) feet of the fireworks stand. Any recreational vehicle used for sheltering night watch-men, shall be equipped with an approved interior smoke detector. II Section 78.119. Sleeping within the Stands.No one shall be allowed to sleep within the stands at any time. II Section 78.120. Vehicles Parking On Premises.There shall be no vehicle parking or parking of gas-oline generators or any type of flammable liquid containers within twenty-five (25) feet of any such Section 78.121. Fires on Premises. No person shall light, cause, or permit to be lighted any fireworks, matches, or any other material within twenty- five (25) feet of such stand.1I Section 78.122. No Smoking On Premises. No smoking shall be permitted in any structure used for storage or sale of fireworks nor within twenty- five (25) feet thereof. aNO SMOKING' signs shall be prominently displayed in a number prescribed by the Fire Department. 1I IlSection 78.123. Exits. Each fireworks stand shall have a minimum of two (2) exits. Exits shall be at least thirty (30) inches in clear width. All exit doors shall swing outward and be openable from the inside without the use of a key or any special knowledge or effort. There shall be maintained a thirty (30) inch clear aisleway from all parts of the stand to the exit doors." IISection 78.124. Trash Removal. All trash shall be removed from the premises and the fireworks stand daily or more frequently as necessary, as required by the Fire Department." section 78.125. Fireworks Storage. Fireworks shall be stored only in the fireworks stands. It shall be unlawful to store fireworks in any building, residence, garage, home, automobile, trailer, or other vehicle within the City of Orange." Section 78.126. Disposal of Unsold Safe and Sane Fireworks. Any fireworks that remain un- sold after midnight July 4th shall be returned directly within twenty-four (24) hours to a licensed pyrotechnic warehouse in the manner prescribed by law. 1I IISection 78.127. Exceptions. Nothing in this Article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination,or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial pur-poses in athletics or sports, or for use by military organizations. Supervised public pyrotechnic displays may be allowed as provided for by special permit by the Fire Chief, and in conformance with applicable State laws."IISection 78.128. Seizure of Fireworks. The Fire Chief shall seize, take, remove, or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale,stored, or held in violation of this Article. 1I section 78.129. Unlawful to Sell Fireworks to Persons Under Sixteen (16). It shall be unlawful for any person to sell safe and sane fireworks as defined in Section 78.102 of the Uniform Fire Code to any person under the age of six-teen ( 16)."Ord. 44-79 Section 2 (part), 1979: Prior Code 3806 ( 15. 32.090 Sections 10.500 10 501 Fire Protection. Sections 10.500 .10 sand 10.502 Amended--Uniform Fire Code are amended to' d. 01 and 10.502 of the rea as follows:e~ ti~n 10.~00: Requirements for Certain g R~se Bu~ld~ngs Th 'to buildings approv~d f~:ecrequ1rem7nts apply to January 1, 1983, and hav~~struct~ on subsequent occupancy located 55 feet g floors used for human I' or more above the evel of F1re Department h'at the building's high tve 7cle access, measured es po~nt and/or 55 feet or ~ ore below the level of Fire Department veh~ cle access measured at the bu~ld' I 1 e t 't' .A. ~ ng s ow-s po~n. Sa~d buildings shall f conorm to requ~ rements of the California Adm~ 't .T' tl 24 .n~ s rat1ve Code e " Chapters 2-18 "high-rise buildin sn in 'ts ent~re~y and/or as amended by the Stat~ and oth~r,appl~cable requirements of the Orange MUn1?~pal Code, Uniform Building Code and appll.cable State Codes. 1I liSt'ec 1.on 10.501 Requirements for Buildings with Floor Areas Greater Than 12,000 Square Feet on Any One Story. (a) Every Structure approved for con~truction subsequent to June 25, 1973 and hav~ng a floor area, as per Uniform Building Code Section 505, greater than 12,000 square feet o~ any o~e s~or~ shall have an approved automatic f1.re extl.ngu~sh~ng sprinkler system installed th:oughout the:ein. The inspecting authority may wa~ve the requ~rements of this subsection in a structure or portion thereof containing high value noncombustible contents or contents susceptible to water damage, or when because of the construction,contents, or processes, the intent and purpose of this section can be met.b) An approved automatic fire extinguishing ( sprinkler)system is one which is installed, inspected, and maintained in accordance with NFPA Pamphlet Number 13, and applicable Uniform Building and Fire Code standards, and approved by the Fire Chief.c) The requirements of this section shall not apply to a structure used exclusively for the parking or storage of passenger motor vehicles having a capacity of not more than nine persons per vehicle. II Section 10.502. Requirements for certain Multiple Residential Dwellings, Hotels, Motels and Other Buildings. (a) Every dwelling unit in every existing hotel, motel and apartment building as defined by the Uniform Building Code shall be provided with smoke detectors as requred in Uniform Building Code Section l2l0(a). 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 an efficiency dwelling unit, hotel sleeping room 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 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. All existing buildings not conforming to the provisions of this section at the time of its enactment, must comply by January 1, 1984. b) Every structure or portion thereof, approved for construction subsequent to June 25, 1973 and used for hotel or motel occupancy containing twelve or more guest rooms, and two or more stories in height, shall have installed therein an approved supervised fire detection products or combustion system, unless an automatic sprinkler system is installed. c) Every structure or portion thereof, approved for construction subsequent to June 25, 1973 and used for any purpose not provided for in Sections ( a) and (b) which has a floor area greater than 6,000 square feet, but not greater than 12,000 square feet on anyone story, shall have installed therein an approved supervised fire detection products of combustion system. A structure used exclusively for the parking or storage of passenger motor vehicles having a capacity of not more than nine persons per vehicle, need not comply with this section.Applicable sections of NFPA standards will be used for approval of said systems.d) An approved supervised fire detection products of combustion system, has detectors sensitive to any of the products of combustion, except that detectors sensitive to heat only are not acceptable; has detectors interconnected with a local alarm system that is clearly audible in all areas of the structure when all intervening doors are closed and shall be supervised by an approved central, proprietary or remote station or a local alarm which will give an audible signal at a constantly attended location. All detectors must be installed in approved locations and in an approved manneri and have a signal or intercommunicating system used for no other purpose than fire warning."15. 32.100 Section 10.503, Requirements for Key Boxes.Section 10.503 is hereby added to the Uniform Fire Code to read as follows:Section 10.503 Key Box Requirements. When access to or within a structure or an area is unduly difficult because of secured openings or where individual access is necessary for life-saving of or firefighting purposes, the Fire Chief may require a key box to be installed in an accessible location. The key box shall be a type approved by the Fire Chief and shall contain keys to gain access as required by the Fire Chief.1I 15.32.110 Section 10.207 Secondar Access Requirement. Sect~on 10.20 subsect10n ~s hereby added to the Uniform Fire Code to read as follows: Section 10.207 (f) When it has been determined by the Fire Chief that the primary access to a commercial, industrial or residential development is inadequate, a secondary emergency access may be required. The need for this access shall be determined by topography, type of construction, and built-in fire protection equipment.The Fire Chief may waive this requirement when appro-priate mitigation measures have been incorporated into the development. When the secondary access is required,its design and construction shall be approved by the Fire, Police and Public Works Departments. 1I 15.32.120. Activities and/or 0 . section 4.101 of the Uniform F~ cupanc~e~ Requiring Permits. following activities or occupancie~ r: COd~ ~s hereby amended and the Department permits: re a ded to those requiring Fire Apartment House - To own and/ ' ,building of three or mor~r m~~nta~n an~ apartment Fire Code Section 9.102. un~ s as def~ned in Uniform High- Rise Building - To own and/or b ' ld' maintain any high-rise U.l. .l.ng as defined in Orange M ' , 15 3 2 09 un~c~pal Code Section o. Fire Alarm Central Station - To 0 erat or remote station service foi e a central, proprietary alarms to the Fire Department,. the purpose of retransmitting Freight Terminal - To operate a freight te ' 1 h' .sto d ' rm~na w ~ch shJ.ps re~ an rece~ ves hazardous flammable or combustible 'mater~~l as d7f~ned in Sections 79.102 and 80.101 of the Unlform Flre Code by either truck or trailer.15.32. 130. Fire Safety Clearance Certificate Required.section 4. 108 is hereby added to the Uniform Fire Code to read as follows: II Section 4.108 Requirement of Fire Safety Clearance Certificate Upon successful completion of a regular fire and life safety inspection, the Fire Department shall issue a fire safety clearance certificate to all occupancies success-fully completing said inspection.The fire safety clearance certificate shall be necessary for the continued operation of all occupancies for which it is issued.The fire safety clearance certificate is valid until revoked under Article 4.107 of the 1979 Uniform Fire Code.Said certificate will automatically be renewed on an annual basis based on successful completion of the last fire and life safety inspection received.The certificate need not be displayed on the premises of the occupancy for which it was issued, but must be kept on the premises identified on the face of the certificate and produced upon request of the Fire Department inspection personnel." 15.32. 140. Violation--penalty. A. Any violation of the provisions of this Code hereby adopted or failure to comply therewith, or violation or failure to comply with any order made thereunder, or construction in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or failure to comply with such an order as affirmed or m~ di~ied by the City Councilor by a court of competent jurisdiction,w~ th~n the time fixed herein, shall severally for each and every such violation and noncompliance respectively, constitute a misdemeanor,unishable by a fine of not more than five hundred dollars 0: by 2mprisonment for not more than six months, or by both such f~ne and imprisonment. The imposition of one penalty for any viol~tion or permit it to continue. and all such persons shall be requ~red to correct or remedy such violations or defects within ~ ~easonab17 ~ime;and when not otherwise specified, each day that prohlb~ted cond~tlons are maintained shall constitute a separate offense.9- B . The application of the above penalty shall not be held topreventtheenforcedremovalofprohibitedcondit' ( 1-80 and 44-79 Prior Code 3809). lons. Ords. Section III.This ordinance shall be published once wl'th' f'f ( )1n 1 teen15daysafterltspassage1n .the Orange City News a newspaf11t' bl' h ' ' per 0genera cJ..rcu a lon, pu 1S ed and clrculated in the Cl't f 0 t k ff ' Y 0 range, and shall a e e ect th1rty (30) days from and after the date f . final passage. 0 lts ADOPTED this 8th day of 1arch 1983. ATTEST:i ~~E~ HE ITY OF ORANGE STATE OF CALIFORNIA )COUNTY OF ORANGE ) SS CITY OF ORANGE )I, MARILYN J. JENSEN, City Clerk of the City of Orange,California, do hereby certify that the foregoing ordinance was introduced at the regular meeting of the City Cuneil held on the 22nd day of February , 1983i and thereafter at a regular meeting of said City Council duly held on the 8th day of March , 1983, was duly passed and adopted by the following vote, to wit:AYES:COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER NOES: COUNCILMEN NONECOUNCILMEN: NONE ABSENT:WITNESS my hand and seal this 9th day of t~a rch 1983. ff~#."v Marilyn J. Jens u.. .. .City Clerk of the City of