HomeMy WebLinkAboutOrdinance #1900 ORDINANCE NO. 1899
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY ADDING THERETO ARTICLE 135 ENTITLED,
"DEPARTMENT OF ENVIRONMENTAL RESOURCES"
The City Council of the City of Huntington Beach does ordain
as follows :
SECTION 1. The Huntington Beach Ordinance Code is hereby
amended by adding thereto Article 135 entitled, "Department of
Environmental Resources," to read as follows :
ARTICLE 135
DEPARTMENT OF ENVIRONMENTAL RESOURCES
1350. DEPARTMENT ESTABLISHED. There is hereby established
the Department of Environmental Resources.
1351 . DIRECTOR. The Department of Environmental Resources
shall be under the supervision and direction of the Director of
Environmental Resources whose office is hereby created.
1352. SAME. DESIGNATION OF. The Planning Director of the
the City of Huntington Beach is hereby designated the Director
of Environmental Resources .
1353. SAME. DUTIES . The duties of the Director of
Environmental Resources shall be those set forth in a job de-
scription to be prepared by the Personnel Director of the City
and approved by the Personnel Board of the City, and such job
description may be amended from time to time by the Personnel
Director with approval of the Personnel Board of the City.
SECTION2. This ordinance shall take effect thirty days
after its 'adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a weekly
newspaper of general circulation, printed and published in
Huntington Beach, California.
PASSED AND ADOPTED by the City Council of the City of
er 1.
Ord. No. 1899
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified City
Clerk of the City of Huntington 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 21st day of Tanuary
19 74 , and was again read to said City Council at a regular
meeting thereof held on the 4th day of February 19 74 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 Gibbs, Green Duke, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
Coen -
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Fb
entworth CITY CLERK cf t of
. Clerk oCityft th's ordihason Ce hon u_ ;:r 6f SQ .CIA M. WENTWORTH+ !_ ---
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ORDINANCE NO. 1900
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE
BY REPEALING CHAPTER 41 THEREOF, AND ADDING
NEW CHAPTER 41 ENTITLED, "FIRE"
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Chapter 41 of the Huntington Beach Ordinance
Code is hereby repealed.
SECTION 2 . The Huntington Beach Ordinance Code is hereby
amended by adding thereto new Chapter 41 entitled, "Fire" ,
to read as follows :
CHAPTER 41
FIRE
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
hazardous to life and property from fire or explosion, that
certain code known as the Uniform Fire Code, compiled by the
International Conference of Building Officials and the Western
Fire Chiefs Association, Inc . , being particularly the 1973
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 office of the Clerk of the City of Huntington
Beach and the same, together with Appendices A-E and amendments
thereto, are hereby adopted and incorporated as fully as though
set out at length herein, and from the date on which the Uniform
Fire Code shall take effect, the provisions thereof shall be con-
trolling within the limits of the City of Huntington Beach and shall
hereinafter be referred to in this chapter as the Huntington Beach
Fire Code .
4100 .1 ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PRE-
VENTION.
(a) The Huntington Beach Fire Code shall be enforced by
the Bureau of Fire Prevention of the Huntington Beach Fire De-
partment, which bureau is hereby established and which shall be
operated under the supervision of the Chief of the Fire Depart-
ment .
1/24/74
JG: er 1.
(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
members of the Fire Department to the Bureau of Fire Prevention
as he shall from time to time deem necessary .
4100 . 2 DEFINITIONS .
(a) Wherever the word "municipality" is used in the
Huntington Beach Fire Code, it shall be held to mean the City
of Huntington Beach.
(b) Wherever the term "corporation counsel" is used in
the Huntington Beach 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 COMBUSTIBLE LIQUIDS IN OUTSIDE, ABOVE-
GROUND TANKS IS TO BE PROHIBITED.
(a) The limits referred to in Section 15. 201 of the
Huntington Beach Fire Code in which storage of flammable or
combustible liquids in outside, aboveground tanks is prohi-
bited, are hereby established for all Fire Zone Number 1 and
Fire Zone Number 2 as defined in Chapter 81, Article 811 of the
Huntington Beach Ordinance Code, except for those properties
zoned for oil production.
(b ) The limits referred to in Section 15. 601 of the
Huntington Beach Fire Code, in which new bulk plants for flammable
or combustible liquids are prohibited, are hereby established
for all zoning districts within the city except the M2 or
heavy industrial zone .
4102. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF
LIQUIFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits
referred to in Section 20 .105(a) of the Huntington Beach Fire
Code, in which bulk storage of liquified petroleum gas is re-
stricted, are hereby established for all zones within the city
except 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 .106 (b) of the Huntington
Beach Fire Code, in which storage of explosives and blasting
agents is prohibited, _ are hereby established for all zones
within the city except the M2 or heavy industrial zone.
4104. AMENDMENTS MADE IN THE UNIFORM FIRE CODE. The
Uniform Fire Code is amended and changed in the following res-
pects :
2.
4104 .1 Article 1, Division II shall be changed by adding
thereto Section 1. 218 to read as follows :
Section 1 . 218 . 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 re-
ported to the Fire Department within twenty-four
(24 ) hours after its occurrence .
(b) Any hospital, convalescent hospital, physician,
first aid station, or persons who treats or aids
any person injured by 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. 216 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 1, Division IV, Section 1 . 403, Definition
of ASSEMBLY, is amended to read as follows:
ASSEMBLY shall mean the gathering together of
fifty (50 ) or more persons for such purposes as
deliberation, education, instruction, worship,
entertainment, amusement or awaiting transporta-
tion, or of fifty ( 50) or more persons in a drinking
or dining establishment .
4104 . 4 Article 10 is amended by adding Section 10 . 103 (f) :
Section 10 . 103(f) OBSTRUCTION OF EXITS BY TURNSTILES
OR SIMILAR DEVICES.
No turnstiles or similar devices shall be installed
or used inside or outside of any building used for
commercial, business or public assemblage purposes ,
nor any other device that shall tend to trap any
person within or without the buildings .
In all occupancies where checkout stands or similar
undersized openings are used, there shall be provided
adjacent thereto, a clear passageway or opening to
such exit or exits as determined by the occupant load
exiting requirements of the Huntington Beach Building
Code . These exitways or openings shall have a minimum
width of forty-four (44 ) inches but in no instance
shall they be, less than the total required exit width.
3 .
These exitways or openings may be equipped with
a breakaway bar which does not require any special
knowledge nor a force greater than fifteen (15)
pounds to operate . These exitways or openings
shall be maintained free of all obstructions and
shall be clearly marked "EMERGENCY EXIT — PUSH" .
4104 . 5 Article 10 is amended by adding Section 10 .114 .
Section 10 .114 MALLS .
All conditions of Article 10 and Article 26 of this
code shall apply when a mall or a portion thereof is
used for any purpose other than, and/or in addition
to, an exit corridor .
4104 . 6 Article 11, Section 11 .105 is amended to read
as follows :
Section 11 . 105 . BOND REQUIRED. Before a permit
is issued, as required by Subsection (a) ( 3) , of
Section 11 . 105, the appltcant shall file with
jurisdiction a corporate surety bond in the follow-
ing amounts :
AMOUNTS OF EXPLOSIVES REQUIRED PUBLIC REQUIRED PROPERTY
(Pounds ) LIABILITY (Dollars ) DAMAGE (Dollars)
0 to 50 25,000 25,000
50 to 100 75,000 75, 000
100 to 500 150,000 150,000
Over 500 300,000 300,000
The Chief may specify a greater or lesser amount
when, in his opinion, conditions at the location
of use indicate a greater or lesser amount is
required.
Public agencies shall be exempt from this bond
requirement .
4104 . 7 Article 12, Section 12 . 102(a) is amended to read
as follows :
Section 12 .102(a) The manufacture of fireworks
within the jurisdictional areas is prohibited.
4104 . 8 Article 12 is amended by adding thereto Sections
12 .107, 12 . 108 and 12 . 109 to read as follows :
41o4 . 8 .1 Section 12 .107 PERMITTED USE OF SAFE AND SANE
FIREWORKS .
Nothing in this article shall prohibit the use of
fireworks classified and registered by the California
4 .
State Fire Marshal as "safe and sane," or "con-
sumer fireworks" for religious or patriotic cele-
brations, if such use is under the direct super-
vision of a competent adult .
4104 . 9. 2 Section 12. 108 TEMPORARY RETAIL SALES OF FIREWORKS .
It shall be unlawful for any person to offer for sale
any fireworks within the municipality without first
obtaining a permit from the City Administrator. Appli-
cation for and issuance of the permit shall be governed
by the following regulations :
(a) Persons Eligible
Fireworks permits shall be issued only to such
applicants who meet the following qualifications :
(1) A nonprofit, charitable or religious
corporation or association organized
and existing primarily for youth, vet-
erans, patriotic , religious, charitable,
civic betterment or community service
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
affiliated organizations .
(c) Prior Rights to Locations
Any applicant having had a fireworks stand the
previous year shall have a prior right to the
same site location.
If a dispute arises between applicants concern-
ing locations of stands , the matter may be ref-
erred by the Fire Chief to the City Administrator
for his decision, and such decision shall be
final.
(d) Drawing Procedures - Vacant or New Fireworks
Stand Sites .
Applicants for sites vacated the previous year,
or for any new site will be selected on the
following basis :
5.
(1) Applications may be picked up at Fire
Department headquarters on or after the
first day of January of each year.
(2) Completed applications shall be returned
to the City Clerk's office. Final filing
date for applications shall be the twenty-
seventh (27th) day of May of each year, or
the first working day thereafter.
(3 ) The City Clerk' s office shall hold a draw-
ing on the first Friday of June of each year
for the purpose of awarding vacant or new
fireworks stand locations to eligible appli-
cants . Applications shall indicate an order
of preference of the sites available rather
than a specific site .
(4 ) The applicant or representative of applicant
shall be present at said drawing. The repre-
sentative shall be a legitimate member of
the applicant organization and shall repre-
sent only ONE organization.
Permits for vacant or new fireworks stand sites shall
be awarded to eligible applicants at the time of the
drawing, and such awards shall be final . The issu-
ance of a permit by the city does not encumber the
property of an owner upon whose property a fireworks
stand may be located. Negotiations between the appli-
cant and the property owner for permission to use the
site are the responsibility of the applicant . Failure
to secure the property owner' s permission to use his
property for a site location disqualifies the applicant
for the entire drawing. A permit issued to the appli-
cant for the site awarded shall be the only permit
issued on that site for the calendar year, and no
other applicant organization may use said site.
(e) Application for Permit
Each applicant for a permit hereunder shall obtain
his application forms before the fifteenth (15)
day of May of each year. 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 as a nonprofit,
charitable or religious corporation or
association.
(3 ) The primary purpose of applicant 's or-
ganization.
6 .
(4) When applicant was organized and esta-
blished.
(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
organization.
(7 ) The location where the applicant will sell
fireworks , together with written approval
of the owner or lessee of the property .
(8) The name, address and State Fire Marshal 's
license number of any wholesaler or distri-
butor from whom the retailer proposes to
purchase fireworks for resale.
(9 ) The applicant ' s State Board of Equalization
sales tax permit number.
(10) The manner, method and time the applicant
proposes to sell "safe and sane" fireworks .
(11) Such other information as the Fire Depart-
ment may require in order to make its inves-
tigations .
(f) Filing Dates
Applications , together with application fees,
shall be submitted to the Fire Department on
or before the twenty-seventh (27th) day of May
of the calendar year for which the permit is
sought . The Fire Department shall submit the
applications to the City Administrator, and the
fees to the City Finance Director. Any permit
issued shall be valid only for the site location
for which it is issued; permits shall not be
transferable, assignable or renewable, and they
shall be valid only for the dates specified in
the permit .
(g) Fees
(1) An application fee in the sum of fifteen
dollars ($15. 00) shall be paid by the appli-
cant . Fee shall be paid at the time the
completed application is submitted to the
Fire Department .
(2) A service fee shall be paid by each appli-
cant in the sum of ten dollars ($10 . 00) to
cover the costs of service, mapping and
inspections . This fee shall be paid with
the application fee.
7 .
(3 ) All fees are refunded to unsuccessful
applicants .
(h) If the completed application meets Fire Depart-
ment regulations , the Fire Department shall sub-
mit the application to the City Administrator
for approval on the first Monday in June in any
year, and the City Administrator must grant or
deny the permit within five (5) days thereafter.
4104. 8 . 3 Section 12.109 REGULATIONS FOR THE OPERATION OF
FIREWORKS STANDS .
All temporary fireworks stands shall be located, main-
tained and operated subject to the following regula-
tions . Violation of any of the following regulations
shall be grounds for the immediate 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 those requirements imposed
by the City Administrator in granting the permit .
(b ) A cash bond in the sum of one hundred dollars
( $100 . 00) must be posted by the permittee with
the City Administrator. This bond shall be
posted within seven (7) days after the City
Administrator has approved the permit and prior
to the erection of the stand. If the permittee
fails to remove said stand, equipment and rubbish
from the premises before the eighth (8th) day of
July of the year for which the permit is granted,
twenty-five dollars ($25 . 00) of said bond shall
be forfeited to the City . If the permittee fails
to remove said stand, equipment and rubbish from
the premises before the twelfth (12th) day of
July of the year for which the permit is granted,
the full amount of such bond shall be forfeited
to the City .
The Fire Department shall make an inspection, or in-
spections of the premises , and shall report to the
City Administrator whether such stand, equipment, and
rubbish have been removed from such premises as of
the times and dates herein above provided. Thereafter,
the City Administrator shall make disposition of the
cash bond posted by the permittee, as hereinafter pro-
vided, and written notice of such disposition shall be
given permittee by the City Administrator.
(c) Prior to erection of any stand, the permittee
shall procure public liability and property damage
insurance covering its operation in and about said
8 .
stand and premises in a minimum amount of
one million dollars ($1,000 ,000) in the aggre-
gate for combined single limit bodily injury
and/or property damage, including products
liability. Permittee must also sign a hold
harmless agreement . The City of Huntington
Beach shall be named as an additional insured
on such insurance. The permittee shall file
a certificate of such insurance with the City
Administrator within seven (7) days after the
City Administrator has approved the permit .
(d) Location Approval. In no case shall stands be
allowed in the following locations :
(1) Within three-quarters (3/4) of a mile of any
other temporary stand;
(2) On the ocean side of the Pacific Coast
Highway; or
(3) In Fire Zone No .l, as defined in Chapter 81
of the Huntington Beach Ordinance Code.
(e) 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 structure. 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, suitable 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 displayed in a number
prescribed by the Fire Chief.
(i) All such temporary stands shall be constructed
in accordance with existing city requirements
and specifications .
9.
(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 arc 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: 00 noon, June 28th, to 12: 00 noon on July
6th, as authorized by the State Fire Marshal .
(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 fireworks in any building, residence,
garage , home or automobile within the City of
Huntington Beach.
(o ) There shall be at least one adult in attendance
during the open or sales hours of the fireworks
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 . Trailers, campers ,
tents or similar equipment used by night watchmen
for sleeping or similar uses shall not be parked
within twenty-five (25) feet of the fireworks
stand.
(q) No alcoholic beverages 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 "danger-
ous 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 required under the laws
of the State of California.
(t ) Gasoline driven generators used for the purpose
of supplying electrical power to the fireworks
stand shall not be placed within twenty-five ( 25)
feet of the fireworks stand.
10 .
(u) There shall be placed adjacent to all fireworks
stands a metal trash container(s) with metal lid,
of sufficient size and number to accommodate trash
generated by the fireworks stand.
4104 . 8 . 4 SAFE AND SANE FIREWORKS .
(a) Every person, agent or employee thereof, engaged in the
business of the sale or disposition of safe and sane fireworks , who
sells, furnishes , gives or causes to be sold, furnished or given
away any safe and sane fireworks to any person under the age of
eighteen (18) years whether or not the person engaged in said
business has knowledge that the person sold to, furnished to or
given to is under the age of eighteen (18) years , is guilty of
an infraction.
b) Any person under the age of eighteen (18) years who pur-
chases any safe and sane fireworks is guilty of an infraction.
(c ) Any person under the age of eighteen (18) years who dis-
charges any safe and sane fireworks within the city boundaries except
when under the direct supervision and in the presence of an adult,
is guilty of an infraction.
(d) For the purpose of preventing the violation of Subsection
(a) hereof, any person, or agent or employee thereof, engaged in
the business of the sale or disposition of safe and sane fireworks ,
may refuse to sell, furnish or give away any safe and sane fireworks
to any person who fails to produce adequate written evidence that
he or she is eighteen (18) years or over. Such written evidence
may include, but is not limited to, a motor vehicle operator's
license . Proof that the person, or agent or employee thereof,
engaged in the sale or disposition of safe and sane fireworks ,
demanded, was shown and acted in reliance upon adequate written
evidence of proof of age of eighteen (18) years or over shall be
a defense to any criminal prosecution under this section.
(e) The term "safe and sane fireworks" is expressly defined
in the California Health and Safety Code.
(f) An infraction committed by a violation of this section
shall, upon a conviction thereof, be punishable for each conviction
by a fine not to exceed One Hundred Dollars ($100) .
(g) In the event of conviction, plea of guilty or nolo conten-
dere, of any person, agent or employee thereof, under Subsection (a)
of this section, any sponsoring organization from whose fireworks
stand said illegal sale was made shall not receive a permit to sell
fireworks the following year.
4104. 9 Article 13, Division II, Section 13. 207 is amended
to read as follows :
11.
Section 13. 207 HYDRANT USE APPROVAL.
No person shall use or operate any hydrant or other
valve installed on any water system intended for use
by the municipal water department for fire suppression
purposes and which is accessible to any public highway,
alley or private way open to, or generally used by the
public, unless such person first secures a written per-
mit 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, who is authorized to make
such use, employed by the water company which supplies
water to such hydrant or other valve.
4104. 10 Article 13, Division II , Section 13. 208 is hereby
amended to read as follows :
Section 13. 208 REQUIRED ACCESS .
To facilitate fire suppression 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 apparatus , have a vertical clearance
of not less than fourteen (14) feet, and terminate in
a forty (40 ) foot cul-de-sac or hammerhead turning
area. No building or portion thereof shall encroach
more than two (2) feet upon this required access width
clear to sky . All required access areas and/or roadways
shall be maintained clear at all times .
4104.11 Article 13, Division III, Section 13. 301 is amended
by adding Subsections (d) , (e) , (f) , (g) and (h) , to read as
follows :
(d) All premises where a building or portion of a
building (other than single family or duplex
dwellings) is hereafter constructed, or a commer-
cial or manufacturing use is established, shall be
provided with a public fire hydrant system capable
of supplying sufficient water pressure as determined
by the Chief. All portions of commercial and manu-
facturing buildings shall be within three hundred
(300 ) feet of a public fire hydrant.
(e) There shall be installed within residential sub-
divisions one (1) fire hydrant for each 160,000
square feet of area or portion thereof. Fire
hydrants shall be spaced not more than six hun-
dred (600) feet along public streets, or so that
each dwelling is within three hundred (300) feet
of a fire hydrant .
12.
(f) All required fire hydrants shall be installed,
accessible and operable prior to the initiation
of any permanent structure using combustible
material.
(g) Fire hydrants shall meet the specifications as
outlined by the Chief and the Water Superintendent .
(h) The Chief may approve any alternative plan which
will fulfill the intent of this section.
4104.12 Article 13, Division III is amended by adding
Section 13 . 301.1 to read as follows :
Section 13 . 301.1 HOOD AND DUCT FIRE PROTECTION.
(a) All hoods and ducts , where required for cooking
surfaces by the Huntington Beach Building Code,
where commercial cooking equipment as described
in this code is used, shall be equipped with an
approved automatic fire protection system. All
associated cooking units utilizing animal or
mineral fats or oils and having an aggregate
liquid surface served by a common hood or duct
in excess of three hundred and fifty (350) square
II inches , shall have automatic fire protection. All
systems shall be installed (ref. NFPA pamphlet 96,
Section 10) and maintained in accordance with
all sections of the code and with the specifica-
tions of the approving agency. (Exceptions -
Group H and I occupancies shall be exempt from
this code . )
(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.
4104.13 Article 13, Division III is amended by adding
Section 13. 315 to read as follows :
Section 13. 315 APPROVED EQUIPMENT AND INSTALLATION.
APPROVAL REQUIRED. No person shall sell, offer for
sale, or install, or cause or permit to be installed,
or maintained, for the purpose of fire protection or
extinguishment, any appliance, system or piece of
equipment which has not first been tested and approved.
The installation of such items must be done in a work-
manlike manner, by a qualified person, and in confor-
mance with all applicable codes and standards.
13 .
4104. 14 Article 15, Division I, Section 15. 104 is amended
by adding the following:
No person or firm shall give, sell or offer for sale
any container for the use, storage or handling of a
flammable or combustible liquid unless such containers
are of an approved type .
4104 .15 Article 15, Division X, Section 15.1002, 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 described in Subsections (a) , (b ) ,
(c ) and (d) of this Section, 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 .16 Article 31 is amended by adding Section 31. 101. 1
to read as follows :
Section 31.101. 1 PERMIT REQUIRED FOR WELDING OR CUTTING.
(a) No person, firm, corporation or partnership shall
perform any welding or cutting operation except
as provided in Section 31. 101. 1(b) 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 constitute acceptable evidence of
compliance with this requirement .
14.
4104. 17 Article 10 , Section 10 . 113(c ) (1) (B) is amended
to read as follows :
Section 10 .113(c ) (1 ) (B) Divisions 1 and 2 of Group
B Occupancies with an occupant load of more than 500
persons , except churches with an occupant load of
less than 750 persons .
4104.18 Article 13, Division III , Section 13. 307(a) is
amended to read as follows :
Section 13 . 307(a) Every apartment house three stories
or more in height or containing more than 15 apartments
and every hotel three stories or more in height con-
taining 20 or more guest rooms , shall have installed
therein an approved automatic or manually operated fire
alarm system designed to warn the occupants of the
building in the event of fire . Such fire alarm system
shall be so designed that all occupants of the building
may be warned simultaneously .
4104 .19 Article 15, Division III is amended to add Section
15 . 307 to read as follows :
Section 15 . 307 TESTING.
(a) Before being covered or placed in use, tanks
and piping connected to underground tanks shall
be tested for tightness . No portion of the system
shall be covered until it has been approved.
(b ) The pipe system between the pump and dispenser,
but not including the pump, tank or the dispenser,
shall be tested hydrostatically for 30 minutes
to 150 percent of the shut-off pressure of the
pump or 75 pounds per square inch gauge, which-
ever is greater, to insure tightness . The test
liquid shall be that for which the system is
intended.
4104 . 20 Article 15, Division VII , Section 15. 705(e) (4)
is amended to read as follows :
Section 15 . 705(e) (4) After completion of the in-
stallation, the system shall be tested as provided
in Section 15 . 216 .
4104. 21 Article 15, Division VII , Section 15. 710(c ) (8 )
is amended to read as follows :
Section 15 . 710 (c ) (8) Testing of piping systems
shall be in accordance with Section 15 . 216 .
15 .
4104. 22 Article 15, Division XI, Section 15.1101 is
amended to read as follows :
Section 15 .1101 PERMIT REQUIRED.
A tank vehicle shall not be operated without a valid
permit, or a certificate of compliance from the
State Fire Marshal .
4104 . 23 Article 15, Division XI, Section 15 .1102 is
amended to read as follows :
Section 15 . 1102 TANK VEHICLE CONSTRUCTION.
Tank vehicles shall be designed, constructed, equipped
and maintained in accordance with Title 19, California
Administrative Code.
4104 . 24 Article 31, Section 31.111 (c) is amended to
read as follows :
Section 31 . 111 (c ) The storage of fuel gas cylinders
in such rooms shall not exceed a total capacity of
2000 cubic feet of gas , or a total water capacity of
735 pounds of methylacetylene-propadiene stabilized.
4105 APPEALS . Whenever the Chief of the Fire Department
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 appli-
cant 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.
4106 . 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 Prevention shall post such list in a
conspicuous place in his office, and distribute copies to
interested persons .
4107. 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
specifications or plans submitted and approved thereunder or
any certificate or permit issued thereunder, and from which
16.
no appeal has been taken, or who shall fail to comply with
such an order as 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 mis-
demeanor, punishable by a fine of not less than $25, nor 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 reasonable 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 .
4108. SEVERABILITY . The City Council of the City of
Huntington Beach hereby declares that should any section, para-
graph, 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 elimination herefrom of any such portion as may be declared
invalid.
SECTION 3. The provisions of this ordinance insofar as
they are substantially the same as existing provisions of the
Huntington 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
after its adoption. The City Clerk shall certify to the passage
of this ordinance and cause same to be published within fifteen
days after adoption in the Huntington Beach News , a weekly
newspaper of general circulation, printed and published in
Huntington Beach, California.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the
18th day of March 1974
ATTEST: VED AS TO F
City Clerk yG Ci At o e
17 .
Ord. No. 1900
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ALICIA M. WENTWORTH, the duly appointed, qualified City
Clerk of the City of Huntington 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 4th day of March
19 4 , and was again read to said City Council at a regular
meeting thereof held on the 18th day of March , 19 [ , 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, Gibbs, Green, Coen, Duke, Matney
NOES: Councilmen:
None
ABSENT: Councilmen:
None
ity Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
1, Alicia M. Wentworth CITY CLERK of the City of
Huntington Beach and ax- --Ccio Clerk of the City
Council, do hsreby cert;€�- ;h t `his ordinance has
been published in the Nanf r- 'Dn Beach Nees
f ,
•------��L{�--'`L.�-:�1.. ter' � _ .:._.._, 19 �..:.
I acc,r lane ,vith ".: :.f; hj '"er of said City.
94LICIA M. Vv,rk*tW RTH
......... ..................
City Clerk
v' eRuty City Clerk