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HomeMy WebLinkAboutOrdinance #712 ORDINANCE No. 712 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE, -BY_REFERENCE, PRESCRIBING REGULA- TIONS GOVERNING CONDITIONS HAZARDOUS- TO LIFE .AND PROPERTY FROM FIRE OR EXPLOSIONS AND ESTABLISHING A ,BUREAU .OF FIRE. PREVENT- ION AND,PROVIDING_ OFFICERS THEREFOR, AND DEFINING_ THEIR POWERS AND .DUTIES _ The City Council of the City of Huntington Beach do ordain as follows: Section 1. Adoption of Fire Prevention Code. There is hereby adopted by the City Council of the City of Huntington Beach for the purpose of prescribing regula- tions governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the National Board of Fire Underwriters, being particularly the 1956 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended (by Section 6 of this ordinance) , of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Huntington Beach 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 Huntington Beach. Section 2. Establishment and Duties of Bureau of Fire Prevention. � 1. Ord. No. 712 (a) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Huntington Beach which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (b) The Chief in charge of the Bureau of Fire Prevent- ion shall be appointed by the Fire Chief. His appointment shall continue during good behavior and satisfactory service . (c) The Chief of the Fire Department may detail such members of the fire department as inspectors as shall from time to time be nece-usary. The Chief of the Fire Department shall recommend to the City Council the employment of technical inspectors, who9 when such authorization is made , shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and non-members of the fire departm3 nt, and appoint- ments made after examination shall be for an indefinite term with removal only for cause. (d) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire De- partment may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to the code which, in his judgment, shall be desirable . 2. Ord. No. 7.12 Section 3. Definitions. (a) Wherever the word "municipality" is used in the Fire Prevention Code , it shall be held to mean the City of Huntington Beach. (b) Wherever the term "Corporation Counsel" is used in the Fire Prevention Code , it shall be held to mean. the Attorney for the City of Huntington Beach. Section 4. Establishment of Limits of Districts in which storage of Flammable Liquids in Outside Aboveground Tanks is to be Pro- hibited. , (a) The limits referred to in Section 15.201 of tim Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is allowed, are hereby estab- lished as follows: In all combining oil production districts designated as 0, 0-11 0-31 0-4- Heavy industrial districts or M-20 zones. Industrial districts or M-1 zone. (b) The limits referred to in Section 15.E+01 of the Fire Prevention Code , in which new bulk plants for flammable liquids are allowed, are hereby established, as follows: In all oil--.,-field--district"s or 0-F zones, and Heavy industrial districts or M-2. Section 5. Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be restricted. . 3• Ord. No. 712 The limits referred to in Section 19.06a of the Fire Prevention Code., in which bulk storage of liquefied petro- leum gas is restricted, are hereby established, as follais: In all zones having in their designation, the letters C or R. Section 6. Amendments Made in the Fire Prevention Code. The Fire Prevention Code is amended and changed in tYe following respects: (A) It shall be unlawful for any person, firm or cor- poration to bring in, use , store or handle radioactive ma- terials within the City Limits of the City of Huntington Beach until a permit therefor has been obtained from the Chief of the Fire Department. ($ ) There is hereby adopted as part of the Fire Pre- vention Code of the City of Huntington Beach, certain stan- . dards as set forth by the National Board of Fire Underwriters in their respective pamphlets hereinafter set forth, of which not less than three (3) copies then and now are on file in tlm office of the City Clerk of the City of Hunting- ton Beach and the same are Im reby adopted and incorporated as fully as though set out at length herein. yr, Pamphlet No. Title 1955 10 First Aid Fire Appliances. 1954 . 11. Foam Extinguishing Systems. 1957 12 Carbon Dioxide Fire Extinguishing Systems, and Inert Gas for Fire and Explosion Prevention. 1955 13 Sprinkler Systems 1949 14 Standpipe and Hose .Systems 4® Ord. No.712 Year Pamphlet No. Title 1957 1-5 Water Spray Systems for Fire Prevention 1954 16 Combined Foam and Water Spray Systems 1957 20 Centrifugal Fire Pumps 1958 22 Water Tanks for Private Fire Protection Service 1939 23 Fire Department Hose Connections 1955 24 Outside Protection(Yard Piping Systems) 1958 30 Flammable Liquids 1957 31 Oil Burning Equipment 1956 32 Dry Cleaning Plants 1957 33 Spray Finishing 1957 34 Dip Tanks 1934 37 Internal Combustion Engines ,also Coal Gas Producers, 1932 38 Discharging Flammable Liquids from Tank Cars, and Petroleum Pipe Lines 1940 42 Pyroxylin Plastic in Factories 1940 43 Pyroxylin Plastic in Warehouses and Stores 1953 44 Combustible Fibres 1954 45 Rubber Tire Protection 1951 47 Lumber Yards- 1957 48 Magnesium 1958 51 Gas Systems for Welding and Cutting 1954 54 gas- Piping and Gas Appliances in Buildings 1958 56 Hospital Operating Rooms 1958 58 Liquefied Petroleum Gases 1954 59 Liquefied Petroleum Gases at Utility Plants 1949 63 Dust Explosions in Industrial Plants 1956 69 Inerting for Fire and Explosion Prevention 1958 71 Central Station Protective Signaling Systems 1958 72 Proprietary Protective Signaling Systems 1939 80 Protection of Openings in Walls and Parti- tions 1957 81 Fur Storage,Fumigation and Cleaning 1958 82 Incinerators 1952 83 Transit Operations 1948 84 Merchandise Vaults and Safes, 1950 86 Class A Ovens and Furnaces 1957 90-A Air Conditioning and Ventilating Systems of Other than Residence Type 1956 90-B Residence Type Warm Air Hearing and Air Conditioning Systems 1937 92 Waterproofing of Floors and Drainageyand Installation of Scuppers 1951 307 Operation of Marine Terminals 1957 409 Construction and Protection of Aircraft Hangars 1954 410 Operational Hazards in Aircraft Hangars 1957 505 Industrial Trucks 1957 565 Non Flammable Medical Gas Systems 5. Ord. No. 712 (0) Section 15.203 (c) of the National Board of Fire Underwriters Code is revised as follows: "In producing areas, for tanks storing crude petroleum and have a- capacity not exceeding 12.6,000 gallons (3,000 bbls) , the distance between tanks shall not be less than 3 feet; in excess of 126,000 gallons (3,000 bbls) , the distance shall not be less than the diameter of the smaller tank; provided, however, that the provisions of this subsection (c) shall not apply to any tank situated in excess of 500 feet from any res- idential dwelling or place of public assemblage or in excess. of 500 feet from any public street, alley or adjoining exter- nal property line that may be built upon" . (FD) Section 15.206 of the National Board of Fire Un- derwriters Code is revised as follows: (a) "All tanks used for storage of crude petroleum or other liquids or chemicals having similar boib over char- acteristics, shall be diked, or other suitable means taken to prevent discharge of liquid from endangering adjoining property or reaching waterways, in the follow- ing manner: 1. Where a diked enclosure is required under this section and where a tank is located closer than 100 feet to 'any residential dwelling or place of public assemblage or within 100 feet of any public street, alley or adjoin- ing .external property line that may be built upon, it Ord. No`. 712 shall have a capacity not less than that of the tank or tanks served by the enclosure. 2, Where a diked enclosure is required under this section and where a tank is located more than 100 feet but less than 500 feet from any residential dwelling or place of public assemblage or any public street, alley or adjoining external property line that may be built upon, it shall have a capacity of not less than. 100% of the volume of the largest tank within the en- closure plus 10% of the volume of all other tanks serv- ed by the enclosure . 3. Where a tank is located more than 500 feet from any residential dwelling or place of public assem- blage or any public street, alley or adjoining exter- nal property- line that may be built upon, no such dike or other such means of retaining liquids need be in- stalled unless, after consideration of all of the sur- rounding circumstances such as, but not limited to topographical conditions, use of surrounding land and proximity of buildings, the Fire Chief shall determine that such protection is necessary in order to avoid a distinct hazard to life or property. 4. No residential dwelling or place of public assemblage shall hereafter be built within 100 feet 7• Ord. No. 712 of any tank used for storage for crude petroleum or liquids or chemicals having similar boil-over charact- eristics unless and until such tank or tanks are diked or other suitable means taken to prevent discharge of liquid from endangering adjoining property or reaching waterways. Where a diked enclosure is utilized urd er this subsection it shall have a capacity not less than that of the tank or tanks served by the enclosure . 5. Any building, pump house , boilet house , of- fice or other occupied structure located closer than 100 feet from any tank shall have at least one door in the side of such building or other structure opposite to such tank as a means of ingress or egress therefrom. (b) Dike Construction. Except where protection is provided by natural topography, dikes or retaining walls required under the foregoing section shall be of earth, concrete or solid masonry designed to be liquid tight and to withstand a full hydraulic head, and so constructed as to provide the required protection. Earthen dikes 3 feet or more in height shall have a flat section at the top not less than 2 feet wide . The slope shall be consistent with the angle of repose of the material of which the dikes are constructed,' 8 . Ord. No. 712 (c) Drainage. Where provision is made for draining rain water from diked areas, such drains shall normally be kept closed and shall be so designed that when in use , they will not permit flammable liquids to enter natural water courses, public sewers, or public drains, if their presence would constitute a hazard. Where pumpscontrol drainage from the diked area, they shall not be self—starting. (d) No loose combustible material, empty or full drum or barrel, shall be permitted within the diked area. (E) That Section 10.01 of the National Board of Fire Under— writer ' s Code is amended by adding Section (d) thereto, as follows "No turnstiles or similar devices shall be installed or used inside any building used for commercial, bus— iness or public assemblage purposes nor any other device that shall tend to trap any person within the building" . Section 7. Modifications. The Chief of the Bureau of Fire Prevention shall have power to modify any of the provisions of the ,Fire Prevention Code upon application in writing by the owner or lessee , or his duly authorized agent, when there are practical difficult— 9 . Ord. No'. 712 ies in the way of carrying out the strict letter of the code , provided that the spirit of the code shall be observed, pub- lic safety secured, and substantial justice done . The' particulars of such modification when granted or allowed and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section S. Appeals. Whenever the Chief of the Fire Department shall disap- prove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Depart- ment to the City Council within thirty (30) days from the date of the decision of the .appeal. Section 9. New Materials. Processes or Occupancies: which may require Permits. The Mayor, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention shall act as a committ- ee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to . those new enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous 10. a 'Ord. No. 712 place in his office, and distribute copies thereof to in- terested persons. Section 10. Penalties. (a) Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith9 or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or.,.pe.-mit issued thereunder, and from which no ap.ppal has been taken or who shall fail to comply with such an order as affirmed or modified by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and non-- compliance respectively be guilty of a misdemeanor, punisha- ble by a fine of not more than $500.00 or by imprisonment for not more than 180 days or by both such fine and impris- onment. The imposition of one penalty for any 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 ten days that prohibited conditions are maintained shall constitute a separate offense . (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 11 � Ord. No. 712 Section 11. Repeal of Conflicting, Ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of tYm code . hereby adopted are hereby repealed. Section 12. Validity. The City Council hereby declares that should any sec- tion, paragraph, sentence , or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independ- ent of the elimination herefrom of any such portion as may be declared invalid. Section 13. The City Clerk shall certify to the piss age and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, Orange County, California; and thirty (30) days after the adoption thereof the sawn shall take effect and be in force. PASSED AND ADOPTED by the City Council of the City of Huntington Beach this 20th day of April ,1959• Mayor ATTEST: City Clerk 12. Ord. No. 712 STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, JOHN L. BEIJRi ICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City, do YB re- by certify that the whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing ordinance was first read to said City Council at a regular meeting thereof held on the 6th day of APRIL , 1959, and was again read to said City Council at a regular meeting thereof held on the loth day of :.April , 1950 , and was passed and adopted by the R . affirmative vote of more than a majority of all the members of said City Council, as follows: AYES: Councilmen: Lambert, Bryant, Waite, Lrby NOES: Councilmen: None ABSENT: Councilmen: Terry Clerk and ex-officio Clerk of t City Council of the City of - Huntington Beach ' California