HomeMy WebLinkAboutOrdinance #2188 ORDINANCE NO. 2188
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 17 . 56 THEREOF AND ADDING
NEW CHAPTER 17. 56 THERETO, PERTAINING TO THE
UNIFORM FIRE CODE
The City Council of the City of Huntington Beach does
ordain as follows :
SECTION 1. Chapter 17 .56 of the Huntington Beach Municipal
Code is hereby repealed.
SECTION 2. The Huntington Beach Municipal Code is hereby
amended by adding thereto new Chapter 17. 56 to read as follows :
Chapter 17. 56
UNIFORM FIRE CODE
17 . 56. 010 Adopted. There is adopted by the city council
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 Associations, Inc . , being particularly the 1976
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 copies have been and are now
filed in the office of the clerk of the city and the same,
together with Appendices A--G and amendments thereto, are
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 controlling within
the limits of the city of Huntington Beach and shall hereinafter
be referred to in this chapter as the Huntington Beach Fire Code.
17.56 . 020 Bureau of fire prevention--Created--Duties.
(a) The Huntington Beach Fire Code shall be enforced by
the bureau of fire prevention of the Huntington Beach fire
department, which bureau is established and 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.
WSA:er 1.
(c ) The chief of the fire department may detail such
members of the fire department to the bureau of fire preven-
tion as he shall from time to time deem necessary.
17. 56. 030 Definitions . (a) Wherever the word "munici-
pality is used in the Huntington Beach Fire Code, it shall mean
the city of Huntington Beach.
(b) Wherever the term "corporation counsel" is used
in the Huntington Beach Fire Code, it shall mean the attorney
for the city of Huntington Beach.
17. 56 . 040 Prohibited districts where aboveground storage
-
of flaRnables 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, above-
ground tanks is prohibited, are hereby established for all
commercial land use zones as defined in the Huntington Beach
Municipal 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 established
for all zoning districts within the city except the M2 or
heavy industrial zone.
17. 56 . 050 Restricted districts for bulk storage of
liau:ef ed petroleum gases The limits referred to in Section
20.105 a of the Huntington Beach Fire Code, in which bulk
storage of liquefied petroleum gas is restricted, are esta-
blished for all zones within the city except the M2 or heavy
industrial zone.
17. 56. 060 Prohibited districts for storage of explosives
and blasting agents . The limits referred to in Section 11.10 (b )
of the Huntington Beach Fire Code, in which storage of explosives
and blasting agents is prohibited, are established for all zones
within the city except the M2 or heavy industrial zone.
17. 56 . 070 Section 1.218 added--Fire incident report .
Article 1, Division—Il shall be amended 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 reported to the fire department within
twenty-four (24) hours after its occurrence.
(b) Any hospital, convalescent hospital, physician,
first aid station, or persons who treat or aid any person
injured by a fire, explosion or chemical burn within the
municipality shall within twenty-four (24) hours, report such
treatment and pertinent information to the fire department . "
2.
17. 56.080 Section 1.216 'ai6enaed-.-Standa3:ids 'for
compliance. Article 1, Division II, Section 1. 21 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. "
17. 56.090 Section 1.403 amended--Definitions . 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 transportation, or of fifty (50) or more persons
in a drinking or dining establishment . "
17.56.100 Section 10.114 added--Mall use. Article 10
is amended by adding thereto Section 10.114 to read as follows :
F
"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
or
in addition to an exit corridor. "
17.56.110 Section 11.105 amended--Bond requirement .
Article ll, Section 11.105 is amended to read as follows :
"Section 11.105 BOND REQUIRED. Before a permit is
issued, as required by subsection (aT7-3) of Section 11.105,
the applicant shall file with jurisdiction a corporate surety
bond in the following amounts:
AMOUNT 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 mount is required.
a q
Public agencies shall be exempt from this bond requirement ."
17. 56.120 Section 12 .102 (a) amended--Fireworks--Manu-
facture. 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. "
3.
r
17. 56.130 Sections 12. 107, 12.108 and 12. 109 added--
Fireworks . Article 12 is amended by adding thereto Sections
12.107, 12 .108 and 12 .109 to read as follows :
"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
State Fire Marshal as 'safe and sane, ' or ' consumer fire-
works ' for religious or patriotic celebrations, if such use
is under the direct supervision of a pyrotechnic operator,
who is licensed by the State of California, in accordance
with Division I, Part 2, Chapter 5 of the Health and Safety
. Code.
Section 12.108 . TEMPORARY RETAIL SALES OF FIREWORKS.
It shall be unlawful for any person to offer for sale any fire-
works within the municipality without first obtaining a permit
from the city administrator. Application for and issuance of
the permit shall be governed by the following regulations:
(1) Eligibility. Fireworks permits shall be
issued only to such applicants who meet the following qualifi-
cations:
(a) A nonprofit, charitable or religious
corporation or association organized and existing primarily
for youth, veterans, patriotic, religious, charitable, civic
betterment or community service purposes, using one of the
following criteria to establish the nonprofit, charitable
or religious status : 1) Copy of articles of incorporation
as a nonprofit charitable organization from the Secretary of
State; 2) Letter from the Internal Revenue Service showing
organization to be tax-exempt (Federal) ; 3) Letter from the
State Franchise Tax Board showing organization to be tax-exempt
(California) ; 4) Proof of registration with California State
Registry of Charitable Trusts as a charitable organization; and
5) Statement of accountability with respect to how funds collected
are dispersed as to charity and as to overhead and expenses.
(b) 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 (1) year prior to the
date of application.
(2) Number of stands . A permit for only one (1)
fireworks stand will be issued to any one organization, in-
cluding its affiliated organizations .
(3) Prior rights to locations. Any applicant
having had a fireworks stand the previous year shall have
a prior right to the same site location.
4 .
If a dispute arises between applicants
concerning locations of stands, the matter may be referred
by the fire chief to the city administrator for his decision,
and such decision shall be final.
(4) Location approval. In no instance shall a
permit be issued for a fireworks stand in the following loca-
tions :
(a) Within three-quarters (3/4 ) of a mile
of any other temporary stand (measured over the nearest surface
streets) ;
(b) On the ocean side of Pacific Coast
Highway;
(c ) Within the boundaries of any principal
business district .
(5) Application for permit. (a) Applications may be
obtained at the fire department administrative offices on or after
the first (lst) day of January, but in no instance later than the
fifteen (15th) day of May of each year, or the first working day
thereafter.
(b ) Applications shall be submitted to the fire
department on or before the twenty-seventh (27th) day of May, or
the first working day thereafter, of the calendar year for which
the permit is sought .
(c ) If the completed applications meet state and
local fire regulations, the fire department shall submit the
applications to the city administrator on the first (lst) Monday
in June for approval. The city administrator must grant or deny
the permit within five (5) working days thereafter.
(d) All sections of the permit application must
be completed.
(6) Permits. (a) Permits shall be issued by the
city administrator and the city fire marshal.
(b) 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 .
(7) Fees. An application fee in the sum of Fifteen
Dollars ($15) shall be paid by the applicant . A service fee
shall be paid in the sum of Ten Dollars ($10) to cover the cost
of inspections and processing. These fees shall be paid at the
time the application is submitted and shall be paid directly to
the city finance director.
5.
(8) Cash bond. (a) A cash bond in the sum
of One Hundred Dollars $100 ) 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 pre-
mises before the eighth (8) day of July of the year for which
the permit is granted, Twenty-five Dollars ($25) 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 (12) day of July of the year for which the permit is
granted, the full amount of such bond shall be forfeited to
the city.
(b) The fire department shall make an
inspection, or inspections 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
hereinabove provided. Thereafter, the city administrator shall
make disposition of the cash bond posted by the permittee, as
hereinafter provided, and written notice of such disposition
shall be given permittee by the city administrator.
(9) Public liability and property damage
insurance. Prior to erection of any stand, the permittee
shall procure public liability and property damage insurance
covering its operation in and about said stand and premises in
a minimum amount of Three Hundred Thousand Dollars ($300,000)
in the aggregate 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 administra-
tor has approved the permit.
(10) Vacant or new location sites--Drawing
procedure. Applicants for vacated or new sites shall be
selected in the following manner:
(a) Permit and permit application procedures
shall be the same as described in Subsections (5) and (6) of
Section 12.108.
(b) The city clerk's office shall hold a
drawing on the first Friday of June of each year for the purpose
of awarding vacant or new fireworks stand locations to eligible
applicants . Applications shall indicate an order of preference
of the sites available rather than a specific site.
(c) The applicant or representative of applicant
shall be present at said drawing. The representative shall be a
legitimate member of the applicant organization and shall
represent only ONE organization.
6 .
(d) Permits for vacant or new fireworks
stand sites shall be awarded to eligible applicants at the time
of drawing, and such awards shall be final. The issuance of a
permit by the city does not encumber the property of an owner
upon whose property a fireworks stand may be located. Nego-
tiations between the applicant and the property owner for
permission to use the site are the responsibility of the appli-
cant . 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 applicant 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 .
Section 12.109 REGULATIONS FOR THE OPERATION OF
FIREWORKS .STANDS. All temporary fireworks stands shall be
located, operated and maintained according to the conditions
as set forth by state and local codes and those requirements
imposed by the city administrator. Violation of anv state
and/or local regulation, including those listed herein, shall be
grounds for the immediate revocation of the operator' s permit by
the fire chief or his authorized representative.
(1) Temporary stands shall not be erected prior
to midnight of June loth. No stand shall remain on the property
later than midnight, July 7th, without incurring a penalty.
(2) All temporary stands shall be constructed in
accordance with existing city building regulations, including
the following:
(a) Temporary stands shall be constructed of
materials equal to 28 gauge sheet metal or 3/8" exterior
plywood.
(b) Each stand shall have a roof. Up to three
(3) sides may covered with one-half inch (1/211 )wire mesh.
(c ) Service openings shall be covered with
1/2" hardware cloth or its equivalent.
(d) Exit and locking devices . Each stand
erected shall have no less than two exits . Each exit shall be
so placed as to provide immediate egress from either end of the
stand. Exit doors shall only be locked in such manner as to be
readily openable from the interior without special knowledge,
effort . or tools, including keys . The exits shall have 30"
minimum width and there shall be maintained a 30" aisleway
thereto.
(3) 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
7.
other structure. Minimum setback from the street curbing shall
be ten (10) feet ormore as required by the fire prevention
division which shall mark the placing of the nearest part of
stand to curb.
(4) Fireworks shall not be sold from an existing
business or buildings, except from temporary fireworks stands
which comply with these regulations .
(5) The retail sale of fireworks shall be from .
9: 00 a.m. , July 1, until 10: 00 p.m. , July 4. Sales shall be
only from 9: 00 a.m. until 10: 00 p.m. daily.
(6) Fireworks shall be stored and kept only in
the permittee's sales stand. It shall be unlawful to store
any fireworks in any building, residence, garage, home or
automobile within the city of Huntington Beach.
(7) The authorization to engage in the particular
act or acts conferred by a license to a person shall extend to
salesmen or other employees of such person who are registered with
the state fire marshal. The sales personnel and other employees
of licensed retailers, however, need not be registered with the
state fire marshal. NO PERSON UNDER THE AGE OF 18 shall be
permitted inside of a fireworks stand or be permitted to sell,
or handle for sale any classification of fireworks .
(8) Stands shall not be stocked with fireworks
until all permits have been issued, including the department of
building and community development permit (electrical) and the
fire department permit . The fire department permit is the final
permit issued prior to the opening of a stand. To obtain an
inspection from either the building department or the fire
department, call the respective departments 24 hours in advance.
(9) 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, 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.
(10) There shall be at least one person, age eighteen
(18) or over, in attendance in each stand during the specified
sales hours of the fireworks.
(11) 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.
(12) No are or kleig light or any type of open flame
device shall be located within seventy-five (75) feet of any
fireworks stand.
8 .
(13) The permittee shall provide at least one person,
age eighteen (18) or over, as night watchman for 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.
(14) There shall be placed adjacent to all fire-
works stands a metal trash container(s ) with metal lid, of suffi-
cient size and number to accommodate trash generated by the
fireworks stand.
(15) Phosphorous matches or similar igniting devices
shall not be permitted in fireworks stands or be sold by the
permittee or his authorized salespersons.
(16) The fireworks stand and an area of fifty (50)
feet therefrom shall be maintained free of accumulations of
trash and debris and standing dry vegetation.
(17) No alcoholic beverages shall be allowed on the
premises .
(18) There shall be maintained in each 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.
(19) No person(s) shall light, or cause or permit
to be lighted, any fireworks or any other flammable or combustible
article or material within any fireworks stand, or within fifty
(50) feet thereof.
(20) 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.
(21) No signs or lights shall be erected or maintained
in connection with a fireworks stand which create a traffic
hazard.
(22) A copy of these remulations and all required
permits shall be Hosted in 'a 'conspicuous locat on within "the
fireworks stand.
(23) 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.
(24) Flammable or combustible liquids shall not
be permitted within twenty-five (25) feet of any fireworks
stand. A maximum of one (1) gallon, in an approved safety
9,
container, may be allowed in an approved area. Gasoline-driven
generators shall not be refueled while in operation. The
storage and handling of flammable and combustible liquids shall
be in a safe manner.
17. 56 .140 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 purchases any safe and sane fireworks is guilty of an in-
fraction.
(c) Any person under the age of eighteen (18 ) years
who discharges any safe and sane fireworks within the city
boundaries except when under the direct supervision and in the
presence of a person who is age eighteen (18) or over, 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
brosecution 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 a conviction, plea of guilty
or nolo contendere, 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.
17. 56 .150 Section 13. 207 amended--Hydrant use approval.
Article 13, Division II, Section 13 .207 is amended to read
as follows :
10.
"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 chief 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 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,
who is authorized to make such use, employed by the water company
which supplies water to such hydrant or other valve. "
17 . 56.160 Section 13 .208 (a) amended--Access roadways
for fire apparatus. Article 13, Division II, Section 13.208
is amended to read as follows :
"Section 13 .208 (a) Every building constructed shall
be accessible to fire department apparatus by way of access
roadways with all-weather driving surface of not less than
twenty (20) feet of unobstructed width, with adequate roadway
turning radius capable of supporting the imposed loads of fire
apparatus and having a mininum of thirteen (13) feet, six inches
(611) of vertical clearance.
EXCEPTION: When there are not more than two
Group R, Division 3 or M Occupancies as defined in the Building
Code, the requirement of this Section may be modified when,
in the opinion of the chief, fire-fighting or rescue operations
would not be impaired. "
17. 56.170 Section 13 .307 (a) amended--Alarm systems required.
Article 13, Division III, Section 13 .307 a is amended to read
as follows :
"Section 13.307 (a) Every apartment house three (3)
stories or more in height or containing more than 15 apartments
and every hotel three (3) stories or more in height or contain-
ing 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. "
17. 56.180 Section 14 .204 amended--Dry type overspray
collectors Exhaust air filters Article 1 , Division II,
Secti"6—n14.204 is amended by adding paragraph (i) thereto to
read as follows :
" (i) When alternate methods of protection, as approved
by the chief, are provided, the above may be modified or waived. "
17. 56.190 Article 15, Division XII--Transportation Pipelines .
The entire Division XII, Article 15--Transportation Pipelines is
hereby repealed.
11
17. 56 . 200 Section 15.104 amended--Flammable liquid
containers . Article l5, 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 ."
17. 56.210 Section 15.307 amended--Tank piping testing.
Article 15, Division III is amended to add Section 15. 307 to
read as follows :
"Section 15 .307 . After completion of the installation,
the system shall be tested as provided in Section 15 . 216. "
17. 56. 220 Section 15 . 705 (e) (4) amended--System testing.
Article 15, Division VII, Section 15 . 705 e 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. "
17. 56. 230 Section 15.1001 amended--Permit required. Article
15, Division X, Section 15.1001 a is amended to read as follows :
"Section 15.1001 (a) No person shall drill, own,
operate or maintain an oil well without a permit from the
department of building and community development ."
17. 56. 240 Section 15.1002 amended--Oil well drilling.
(1) Article 15, Division X. Section 15 .1002 (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. "
(2) Article 15, Division X, Section 15.1002 (e) is
amended to read as follows :
" (e ) The distance 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. "
17. 56. 250 Section 15.1101 amended--Tank vehicle permit .
Article 15, Division XI, Section 15.1101 is amended to read
as follows :
12.
"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 . "
17. 56. 260 Section 15.1102 amended--Tank vehicle con-
struction. 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. "
17. 56 .270 Section 31.101.1 added--Welding and cutting
permit . Article 317is 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-. "
17. 56. 280 Section 31.111 (c ) amended--Fuel oil cylinder
storage. 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 methyla-
cetylene-propadiene stablized. "
17. 56.290 Appendix F "MARINAS" amended. Appendix F "MARINAS"
is hereby amended by adding thereto paragraph 9 to read as follows :
119. ALTERNATE METHODS OF PROTECTION.
When alternate methods of protection, as approved
by the chief, are provided, the above may be modified or waived. "
13.
17. 56. 300 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 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.
17. 56. 310 New materials, processes or occupancies--
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 re-
quire 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.
17. 56. 320 Violation--Penalty. (a) Any person who
violates any of the provisions of the code hereby adopted
or fails to comply herewith, or who violates or fails to com-
ply with any order made thereunder, or who builds in viola-
tion of any detailed statement of specifications of plans
submitted and approved thereunder or any certificate or per-
mit issued thereunder, and from which no appeal has been taken,
or who fails to comply with such an order as affirmed or modi-
fied 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 Twenty-five Dollars ($25) , or more than Six
Hundred Dollars ($600) , or by imprisonment for not less than
two (2) days or 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.
SECTION 3. If any section, subsection, sentence, clause,
phrase or portion of this ordinance, or any future amendments or
additions hereto, is for any reason held to be invalid or un-
constitutional by the decision of any court of competent juris-
diction, such decision shall not affect the validity of the re-
maining portion of this ordinance, or any future amendments or
14,
additions hereto. The City Council of the City of Huntington
Beach hereby declares that it would have adopted this ordinance
and each section, subsection, sentence, clause, phrase or portion
or any future amendments or additions thereto, irrespective- of
the fact that any one or more sections, subsections, clauses,
phrases, portions or any future amendments or additions thereto
be declared invalid or unconstitutional.
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 news-
paper 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 16th
day of May , 1977.
.4
ATTEST: Mayor
ity le
REVIEWED AND APPROVED: APPROVED AS TO FORM:
00,
ty Administrator City Attorney
INITIATED AND APPROVED AS TO CONTENT:
1
15.
Ord. No. 2188
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1,1 ALICIA M. WENTWORTH the d elected, qualified City
y Q Y
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 2nd day of May
1977 , and was again read to said City Council at a regular
meeting thereof held on the 16th day of May 19 77 and
was passed and adopted by the affirmative vote of more than a majority of
all the members of said City Council.
AYES: Councilmen:
Bartlett, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: Councilmen:
None
ABSENT: Councilmen:
Wieder
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the- City
of Huntington Beach, California
11 Alicia M. Wentworth Cm CLERK of the City of
Huntington Beach and ex-officio Clerk of the lity
Counc" do hereby certify that this crd ra :c,
e Hontirgton Beach -Yews
..
been pu '-h2 in .h
-0 t 1.
-- - -- "harter of said City.
I 4ccor_:ance �,vith the tY �{
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j' (. ...... DePutYCC Clark