HomeMy WebLinkAboutOrdinance #1414 •
ORDINANCE NO. 1414
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING CHAPTER 41, ARTICLES 410, 411
AND 412, AND ENACTING A NEW CHAPTER 41,
ARTICLE 410 TO ADOPT THE UNIFORM,FIRE CODE,
1967 EDITION AND APPENDICES A-E, AND AMEND-
MENTS THERETO
The City Council of the City of Huntington Beach hereby ordains
as follows :
SECTION 1. Chapter 41, Articles 410, 411 and 412 of the
Huntington Beach Ordinance Code, entitled, "Fire Prevention Code,
1965 edition and amendments thereto, " is hereby repealed.
SECTION 2. The Huntington Beach Ordinance Code is hereby
amended by adding thereto Chapter 41, Article 410 titled, "Uniform
Fire Code, 1967 edition and Appendices A-E, and amendments thereto, "
being Sections 4100 through 4106 to read as follows : .
CHAPTER 41
FIRE
ARTICLE 410
FIRE PREVENTION CODE
4100. ADOPTION OF FIRE PREVENTION CODE. There is hereby
adopted by the City Council of the City of Huntington Beach for
the purpose of prescribing regulations governing conditions haz-
ardous to life and property from fire or explosion, that certain
code known as the Uniform Fire Code, compiled by the California,
Fire Chiefs Association, being particularly the 1967 edition
thereof and the whole thereof, save and except such portions as
are hereinafter deleted, modified or amended, of which code not
less than three (3) copies have. been and are now filed in the
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office of the Clerk of the City of Huntington Beach a,nd the same,
together with Appendices A-E a,nd amendments thereto, a,re hereby
adopted a,nd incorporated a,s fully a,s though set out at length
herein, and from the date on which this code shall take effect,
the provisions thereof shall be controlling within the limits of
the City of Huntington Beach.
4loo. 1. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PRE-
VENTION.
(a,) The Uniform Fire Code shall be enforced by the Bureau
of Fire Prevention of the Huntington Beach Fire Department, which
bureau 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 Prevention
shall be appointed by the Chief of the Fire Department on the
basis of examination to determine his qualifications .
(c) The Chief of the Fire Department may detail such mem-
bers of the Fire Department to the Bureau of Fire Prevention a,s
he shall from time to time deem necessary.
4100.2. DEFINITIONS .
(a,) Wherever the word "municipa,lity" is used in the Uni-
form Fire Code, it shall be held to mea,n the City of Huntington
Beach.
(b) Wherever the term "corporation counsel" is used in the
Uniform Fire Code, it shall be held to mean the attorney for the
City of Huntington Beach.
4101. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH
STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE, ABOVE-
GROUND TANKS IS TO BE PROHIBITED.
(a) The limits referred to in Section 15.201 of the Uni-
form Fire Code in which storage of flammable or combustible
liquids in outside, aboveground tanks is prohibited, a,re hereby
established a,s a,ll of Fire Zone No. 1 a,nd Fire Zone No. 2 a,s
defined in Chapter 81, Article 811 of the Huntington Beach Ordi-
nance Code, except for those properties zoned for oil production.
(b) The limits referred to in Section 15.401 of the Uni-
form Fire Code, in which new bulk plants for flammable or com-
bustible liquids a,re prohibited, a,re hereby established a,s all
zones within the city except the M2 or heavy industrial zone.
4102. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF
LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits re-
ferred to in Section 20.05a, of the Uniform Fire Code in which
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bulk storage of liquefied petroleum gas is restricted are hereby
established as the M2 or heavy industrial zone.
4103 . ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH
STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED.
The limits referred to in Section 11.06b of the Uniform Fire
Code, in which storage of explosives and blasting agents is
prohibited, are hereby established as all zones within the city
except M2 or heavy industrial zone.
4104. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The Uni-
form Fire Code is amended and changed in the following respects :
4104. 1. Article 1, Division II shall be changed by adding
thereto Section 1.27 to read as follows :
Section 1.27. FIRE INCIDENT REPORT REQUIRED.
(a) Any occurrence of fire, explosion, or chemical burn
causing injury, loss or damage to any person or property within
the municipality shall be reported to the Fire Department within
twenty-four (24) hours after its occurrence .
(b) Any hospital, convalescent hospital, physician, first
r o treats or aids an person inured b
aid station, or person who y p � Y
a, fire, explosion or chemical burn within the municipality shall,
within twenty-four (24) hours, report such treatment and perti-
nent information to the Fire Department.
4104.2. Article 1, Division II, Section 1.25 is amended by
adding thereto the words :
"More current editions of these publications or supplements
thereto shall apply if the intent of the listed standard remains
unchanged. "
4104.3. Article 11 is amended by adding thereto Section
11.051 which shall read as folows :
Section 11.051. BOND AMOUNTS . The bonds required by
Section 11.05 shall be in the following amounts :
AMOUNT OF EXPLOSIVES REQUIRED PUBLIC REQUIRED PROPERTY
(Pounds) LIABILITY (Dolla,rs) DAMAGE (Dollars)
0 to 50 5,000 - 10,000 10,000
50 to 100 10,000 - 50,000 50,000
100 to 500 50,000 - 100,000 1003000
Over 500 100,000 - 300 0 00 300,000
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4104.4. Article 12, Section 12.02 A is amended to read
as follows :
"The manufacture of fireworks within the jurisdictional
areas is prohibited. "
4104.5. Article 12 is amended by adding thereto Sections
12.075 12.08 and 12.09 to read as follows :
4104.5. 1. Section 12.07. PERMITTED USE OF SAFE AND SANE
FIREWORKS . Nothing in this article shall prohibit the use of
fireworks classified and registered by the California, State Fire
Marshal as "safe and sane, " for religious or patriotic celebra-
tions, if such use is under the direct supervision of a, compe-
tent adult.
4104.5.2. Section 12.08. TEMPORARY RETAIL SALES OF FIRE-
WORKS . It shall be unlawful for any person to offer for sale
any fireworks within the municipality without first obtaining a.
permit from the City Council. Application for and issuance of
the permit will be within the scope of the following regulations :
(a) Persons Eligible. Fireworks permits shall be issued
only to such applicants who meet the following qualifications :
(1) A nonprofit, charitable, religious or eleemosynary
corporation or association organized and existing primarily for
veteran' s, patriotic, religious, charitable or civic betterment
purposes; and
(2) Said corporation or association has its principal
and permanent meeting place in the City of Huntington Beach, and
has been organized and established in said city for a period of
at least one year prior to the date of application.
(b) Number of Stands . A permit for only one fireworks
stand will be issued to any one organization, including its af-
filiated organizations.
(c) Prior Rights to Locations . Any applicant having had
a, fireworks stand the previous year shall have prior right to
the same area, as long as there has been a, permit issued each
year.
If a, dispute arises between applicants concerning
locations of stands, the matter may be referred by the Fire
Chief or the City Clerk to the City Council for its decision,
and such decision shall be considered final.
(d) Application for Permit. Each applicant for a temporary
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fireworks stand shall obtain his application forms from the
Fire Department before the 15th da,y of May. Each application
shall be submitted in duplicate, and contain the following
information:
(1) Name, address and telephone number of applicant.
(2) The applicant ' s status a,s a, nonprofit, charitable,
religious or eleemosynary corporation or association.
(3) The purpose for which the applicant is primarily
existing and for which it is organized.
(4) When applicant was organized and established.
(5) The location of the applicant ' s principal and
permanent meeting place.
(6) Names, addresses and telephone numbers of the
officers, if any, of the applicant.
(7) The location where the applicant will sell fire-
works, together with written approval of the owner or lessee of
the property if different than the applicant.
(8) The name, address and state Fire Marshal ' s li-
cense number of any wholesaler or distributor from whom the re-
tailer proposes to purchase fireworks for resale.
(9) The applicant ' s state Board of Equalization Sales
Ta,x Permit Number.
(10) The manner, method and time the applicant pro-
poses to sell "safe and sane" fireworks.
(11) Such other information a.s the Fire Department or
City Clerk ma,y require in order to make their investigations .
(e) Filing Dates . Applications, together with application
fees shall be submitted to the Fire Department on or before
May 27th of the ca,lenda,r year for which the permit is sought.
The Fire Department shall submit the applications and fees to
the City Clerk. Any permit issued shall be valid only for the
premises or location for which it is issued; shall not be trans-
ferable, assignable or renewable, and shall be valid only for
the dates specified in the permit .
(f) Fees .
(1) An application fee in the sum of Fifteen Dollars
($15) shall be paid by the applicant . No part of such fee ma,y
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be waived or refunded. Fee shall be payable at time of a,pplica,-
tion to the Fire Department .
(2) A service fee shall be paid by each applicant in
the sum of Ten Dollars ($10) to cover the costs of service,
mapping and inspections, no part of which may be waived or re-
funded. This fee shall be paid with the application fee.
(g) If the application is approved by the Fire Department
and the City Clerk, it shall be submitted for consideration to
the City Council at its first meeting in June .
410. 5.3 . Section 12.09. REGULATIONS FOR THE OPERATION OF
FIREWORKS STANDS . All temporary fireworks stands shall be lo-
cated, maintained and operated subject to the following regula-
tions . Violations of these rules shall be grounds for the im-
mediate revocation of the operator' s permit by the Fire Chief or
his authorized representative .
(a) Any person owning or operating any such stand
shall comply with all conditions set forth by applicable laws
and imposed by the City Council in granting of the permit.
(b) A cash bond in the sum of One Hundred Dollars
($100) must be posted by the permittee with the City Clerk. This
bond shall be posted within seven (7) days after the City Council
has approved the permit and prior to the erection of the stand.
This bond will be forfeited to the city if the permittee fails
to remove said stand, equipment or rubbish from the premises
before 12:00 o' clock midnight of July 8 of the year for which
the permit is granted. The Fire Department shall make an in-
spection of the premises and, if all portions of the fireworks
sales are removed, will notify the City Clerk in writing, and
the bond shall be returned to the permittee .
(c) Prior to erection of any stand, the permittee
shall procure public liability and property da,ma,ge insurance
covering its operation in and about said stand and premises in
a, minimum amount of $100,000 for death or injury of more than
one person, and $50,000 property da,ma,ge . In addition, the City
of Huntington Beach shall be named a,s an additional insured on
such insurance . The permittee shall file a. certificate of such
insurance with the City Clerk within seven (7) days after the
City Council has approved the permit .
(d) Location Approval. In no case shall stand be
allowed in the following locations :
(1) Within three-quarters (3/4) mile of any
other temporary stand;
6.
(2) On the ocean side of the Pacific Coast
Highway; or
(3) In Fire Zone No. 1, as defined in Chapter
81 of the Huntington Beach Ordinance Code .
( ) No fireworks display or stand shall be erected
within one hundred (100) feet of any gasoline service station or
any garage, or within thirty-five (35) feet of any other struc-
ture . Minimum setback from the street curbing shall be ten (10)
feet or more as required by the Fire Prevention Bureau which
shall mark the placing of the nearest part of stand to curb.
(f) There shall be maintained in each premises or
stand within which fireworks are sold or offered for sale, suit-
able fire extinguishers of a, type and number approved by the
Chief of the Fire Department .
(g) No person shall light, or cause or permit to be
lighted, any fireworks or any other article or material within
any such stand, or within fifty (50) feet thereof.
(h) No smoking shall be allowed in any structure used
for the sale and display of fireworks nor within fifty (50) feet
of said structure. "No Smoking" signs shall be prominently dis-
played in a, number prescribed by the Fire Chief.
(i) All such temporary stands shall be constructed
in accordance with existing city requirements and specifications .
(j ) All temporary stands for the display and sale of
fireworks shall obtain an electrical permit from the City of
Huntington Beach prior to any electrical work.
(k) No a,rc or klieg light shall be located within
seventy-five (75) feet of any temporary stand selling fireworks .
(1) Fireworks shall be sold only between the hours of
12 noon, June 28, to 12 noon on July 6 as authorized by the
state Fire Ma,rsha,l.
(m) Permittee shall comply with all the provisions
of Section 12600 through 12801 of the Health and Safety Code
of the State of California.
(n) Fireworks shall be stored and kept only in the
permittee ' s sales booth. It shall be unlawful to store any fire-
works in any building, residence, garage, home, or automobile
within the City of Huntington Beach.
(o) There shall be at least one adult in attendance
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during the open or sales hours of the fireworks stand. No per-
son aged sixteen (16) years or younger shall be permitted in a,
stand.
(p) The permittee shall provide an adult night watch-
man to provide security during the hours of storage . Under no
circumstances shall the night watchman sleep within the fireworks
stand.
(q) No alcoholic beverage shall be allowed on the
premises .
(r) All permits must be posted in a, conspicuous place
open to public view.
(s) No fireworks shall be sold or offered for sale
within the city which are classified as "dangerous fireworks" as
that term is defined by the Health and Safety Code of the State
of California,, nor shall any person be permitted to sell or offer
to sell, within the city, fireworks without first having obtained
a Fireworks Retail License from the state Fire Marshal, as re-
quired under the laws of the State of California.
4104.6. Article 13, Division II, Section 13 .24 to read as
follows :
13.24. HYDRANT USE APPROVAL. No person shall use or operate
any hydrant or other valve installed on any water system intended
for use of the municipal water department for fire suppression pur-
poses and which is accessible to any public highway, alley or pri-
vate way open to, or generally used by the public, unless such per-
son first secures a, written permit for such use from the municipal
water department . This section does not apply to the use of a,
hydrant or other valve by a person employed by, and authorized to
make such use, by the water company which supplies water to such
hydrant or other valve.
4104.7. Article 13, Division II, Section 13 .27 is amended
to read as follows:
13.27. UNSAFE BUILDINGS . All buildings or structures which
constitute a, fire hazard or are otherwise dangerous to human life
by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment, are for the purpose of this section declared to
be unsafe buildings . Such buildings are hereby declared to be
public nuisances and shall be abated by repair, rehabilitation,
demolition or removal in accordance with the procedures adopted
by the municipality.
4104.8. Article 13, Division II, Section 13 . 28 is hereby
amended to read as follows :
8.
Section 13.28. REQUIRED ACCESS . To facilitate fire sup-
pression operations, no building, or portion of a, building, shall
be constructed more than one hundred fifty (150) feet from an
improved public street unless access through an area, or private
roadway is provided. Such area, or roadway must be a, minimum of
twenty-five (25) feet in width, surfaced to support fire appa,ra,-
tus, have a vertical clearance of not less than twelve (12) feet,
and terminate in a. forty-foot cul-de-sac or hammerhead turning
area.
4lo4.9. Article 13, Division III, Section 13 .30 is amended
by adding subsections {(d) , (e) , (f) , (g) and (h) to read as fol-
lows :
(d) All premises where a, building or portion of a. building
(other than dwellings) is hereafter constructed, or a, commercial
or manufacturing use is established, shall be provided with a pub-
lic fire hydrant system capable of supplying sufficient fire flow
as determined by the Chief.
(e) There shall be installed within residential subdivisions
one (1) fire hydrant for each 110,000 square feet of area, or por-
tion thereof. Fire hydrants shall be spaced not more than six
hundred (600) feet along public streets, or so that each dwelling
is within three hundred (300) feet of a, fire hydrant.
(f) All portions of commercial and manufacturing buildings
shall be within three hundred (300) feet of a, public fire hydrant.
(g) Fire hydrants shall meet the specifications as out-
lined by the Chief and the Water Superintendent.
(h) The Chief may approve any alternative plan which will
fulfill the intent of this section.
104. 10. Article 13, Division III is amended by adding
Section 13.302 to read as follows :
Section 13.302. HOOD AND DUCT FIRE PROTECTION
(a) All hoods and ducts, where required for cooking sur-
faces by the Uniform Building Code, Volume II, 1967 edition,
except in dwellings and apartments, shall be equipped with an
approved automatic fire protection system. All associated cook-
ing units utilizing animal or mineral fats or oils and having an
aggregate liquid surface served by a. common hood or duct in ex-
cess of three hundred fifty (350) square inches, shall have auto-
matic fire protection. All systems shall be installed and main-
tained in accordance with all sections of this code and with the
specifications of the approving agency.
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(b) Hoods, ducts and associated cooking equipment installed
prior to the effective date of this article and section, shall be
made to conform with the requirements of this section.
4104 . 11 . Article 13 shall be amended by adding Division V
entitled, "APPROVED EQUIPMENT AND INSTALLATION, " and Section 13 . 50
to read as follows :
Section 13150. APPROVAL REQUIRED . No person shall sell, offer
for sale, or install, or cause or permit to be installed, or main-
tained, for the purpose of fire protection or extinguishment , any
appliance, system or piece of equipment which has not first been
tested and approved by a nationally recognized fire-testing agency .
The installation of such items must be done in a workmanlike
manner, by a qualified person, and in conformance with all appli-
cable codes and standards .
4104. 12 . Article 15, Division II, Section 15 . 207(f) is
amended to read as follows :
(f) Existing Oil Storage Reservoirs . The use of existing
oil storage reservoirs with concrete lining and with a combustible
roof covering, and built prior to the adoption of this section
may be continued for the storage of petroleum products with a
flash point in excess of one hundred fifty (150) degrees . Such
contained use shall be contingent upon the maintenance of mini-
mum fire protection facilities existing as of July 1, 1962 .
Article 15, Division X, subsection b is amended to read as
follows :
b . No oil well shall be drilled within twenty-five (25)
feet of any dedicated public street , highway or nearest rail of a
railway being used as such.
Article 15, Division X, Section 15 .1002 is amended by adding
thereto subsection e to read as follows :
e . The distances in subsections a, b, c and d above, in the
discretion of the Chief, may be reduced if a six (6) foot masonry
wall is constructed around the perimeter of the drilling site . A
single opening of not more than twenty (20) feet in width may be
allowed in this enclosed area .
4104 . 13 . Article 31 is amended by adding Section 31. 011 to
read as follows :
Section 31 . 011 . PERMIT REQUIRED FOR WELDING OR CUTTING.
(a) No person, firm, corporation or copartnership shall per-
10 .
form any welding or cutting operation except as provided in Sec-
tion 31 .O11b without first having obtained a permit therefor from
the Fire Department . This permit shall not be required for each
welding or cutting job location.
(b) A permit shall not be required :
(1) When the welding or cutting is performed in areas
approved for the purpose, or
(2) When there is an approved permit system established
for control of the fire hazards involved .
(c) A permit for welding or cutting operations shall not be
issued unless the person in charge of performing such operations
is capable of doing such work in a safe manner. Demonstration of
a working knowledge of the provisions of this article shall con-
stitute acceptable evidence of compliance with this requirement .
4104 . 14 . Article 32 is amended by adding thereto the title,
"MOTION PICTURE PROJECTION. "
4104 . 15 . APPEALS . Whenever the Chief of the Fire Depart-
ment shall disapprove 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 Department to
the Huntington Beach Appeals Board within thirty (30) days from
the date of the decision appealed .
4104 . 16 . NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY
REQUIRE PERMITS. The City Administrator, the Chief of the Fire
Department and the Chief of the Bureau of Fire Prevention shall
act as a committee 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
now enumerated in this code . The Chief of the Bureau of Fire Pre-
vention shall post such list in a conspicuous place in his office ,
and distribute copies to interested persons .
4105 . PENALTIES .
(a) Any person who shall violate any of the provisions of
this code hereby adopted or fail to comply herewith, or who shall
violate or fail to comply with any order made thereunder, or who
shall build in violation of any detailed statement of specifica-
tions or plans submitted and approved thereunder or any certifi-
cate or permit issued thereunder, and from which no appeal has
been taken, or who shall fail to comply with such an order as
11.
affirmed or modified by the Huntington Beach Board of Appeals 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, punishable by a fine
of not less than $25, nr)r more than $600, or by imprisonment for
not less than two (2) days nor more than three hundred sixty-five
(365) days, or both such fine and imprisonment . 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 reason-
able time; and when not otherwise specified, each ten (10) 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 .
4106 . SEVERABILITY. The City Council of the City of Hunting-
ton Beach hereby declares that should any section, paragraph,
sentence, or word of this article and chapter, 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 chapter and article independent of the elimina-
tion herefrom of any such portion as may be declared invalid .
SECTION 3 . The provisions of these sections insofar as they
are substantially the same as existing provisions of the Hunting-
ton Beach Ordinance Code relating to the same subject matter shall
be construed as restatements and continuations, and not as new
enactments .
SECTION 4. This ordinance shall take effect thirty days
from its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days of its adoption in the Huntington Beach News, a newspaper
of general circulation, printed and published in Huntington Beach,
California .
PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Huntington Beach, California held on the 17th day
of June 1968 .
12 . ayor
ATTEST:
City Cle
APPROVED AS TO FORM:
Assistant City Attorney
13 .
Ord. No.
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I , PAUL C . JONES, the duly elected, qualified, and
acting City Clerk of the City of Huntington
ton Beach and ex-
officio Clerk of the City Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular meeting
thereof held on the 20th day of May , 1968 , and
was again read to said City Council at a regular meeting thereof
held on the 17thday of June , 19 68 , and was
passed and adopted by the affirmative vote of more than a
majority of all the members of said City Council .
AYES : Councilmen:
Shipley, Bartlett, McCracken, Kaufman, Matney, Green,
Coen
NOES : Councilmen:
None
ABSENT: Councilmen:
None
City Clerk an ex-officio Clerk
of the City Council of the City
1, PAUL C. JONES, CITY CLERK of7the City of of Huntington Beach California
Huntington Beach and ex-officio Cler the City g
Council, do hereby certifv that this ordinance has
been p,blished in the Huntington Beach News on
i96--.
In a ance with the cityCliartrr of said City
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-------- � City Clerk
Deputy City Clerk