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HomeMy WebLinkAboutOrdinance #2430 ORDINANCE N0 . 2430 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 17 .56 THEREOF, AND ADD- ING THERETO A NEW CHAPTER 17 .56, ENTITLED, "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 Chapter 17 .56 of the Huntington Beach Municipal Code is hereby repealed .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 entitled, "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 1979 edition thereof and the whole thereof, save and except such por- tions 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 and the same, together with Appendices A-I and amendments thereto, are adopted and in- corporated 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 Definitions . (a) Wherever the word "municipality" 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 .030 Section 2.107 amended--Right of entry. The second paragraph of section 2.107 is amended to read as follows: /ahb 4/2/80 1 . "See. 2.107 . 'Authorized representative' shall include the officers named in sections 2.104 , 2.105 and 2.106 of this code and all other fire department safety personnel ." 17 .56.040 Section 2 .303 amended--Standards for compliance . Section 2 .303 is hereby amended by adding thereto subsection b) to read as follows: "Sec . 2.303 (b) More current editions of these publications or supplements thereto may apply if the intent of the listed standard remains unchanged ." 17 .56.050 Section 9.103 amended--Assembly defined. Section 9 .103, defining "Assembly" is hereby amended to read as follows: "Sec. 9 .103. Assembly building is a building or portion of a building: " (a) Used or intended to be used for the gathering together of fifty (50) or more persons for such purposes as amusement, en- tertainment , instruction, education, deliberation, worship, drinking or dining, or awaiting transportation; and " (b) Any building or structure or portion thereof used to show motion pictures where an admission fee is charged and such building or structure is open to the public and has a capacity of ten ( 10) or more persons. " 17 .56.060 Section 10 .203 amended--Hydrant use approval . Sec- tion 10.203 is amended to read as follows: "Sec . 10 .203• 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 city water department. This section does not apply to the use of a hydrant or other valve by a per- son who is authorized to make such use , employed by the water company which supplies water to such hydrant or other valve." 17 .56.070 Section 10 .207 amended--Access roadways for fire apparatus . Section 10 .207 is amended to read as follows: "Sec. 10 .207. (a) Every building hereafter constructed shall be accessible to fire department apparatus by way of road- ways which conform to the established standards and specifica- tions of the Huntington Beach fire department. All roadways shall have all-weather driving surfaces constructed to conform to the standards and specifications of the Huntington Beach public works department . 2. "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. " (b) The required width of access roadways shall not be obstructed in any manner, including parking of vehicles . Ap- proved 'NO PARKING ' signs and/or other appropriate notices pro- hibiting obstructions may be required and shall be maintained to conform to the standards and specifications of the Huntington Beach fire department . " (c) The access roadway shall be extended to within 150 feet travelling distance to all portions of the exterior walls of the first story of any building. Where an access roadway cannot be provided, approved fire protection system(s) shall be installed as required and approved by the chief. " (d) Where fire protection systems, approved by the chief, are provided, the above required clearance may be modified . " (e) The chief shall have the authority to require an in- crease in the minimum access widths where such widths are not ade- quate for fire or rescue operations ." 17 .56.080 Section 10 .208 amended--Premises identification. Section 10 .208 is amended to read as follows: "Sec. 10 .208. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Such numbers shall be a minimum of four (4) inches in height with a one-half (1/2) inch brush stroke, and shall be superimposed on a contrasting background." 17 .56.090 Section 10 .307(a) amended--Fire alarm systems required . Subsection a of Section 10.307 is amended to read as follows: "10 .307(a) Every apartment house three (3) stories or more in height, or containing more than fifteen (15 ) apartments , and every hotel three (3) stories or more in height , or con- taining twenty ( 20) or more guest rooms , shall have installed therein an approved automatic or manually-operated fire alarm system designed to warn 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 .56.100 Section 10 .309 amended--Automatic sprinkler system. Section 10.309 is amended to read as follows: 3. i "Sec . 10 .309(a) GENERAL. Automatic sprinkler systems shall be provided in accordance with the provisions of this section. When an automatic sprinkler system is required by this section and by no other provisions of the Huntington Beach building code, reasonable reduction of other fire protection requirements may be permitted when, in the opinion of the fire chief and building official , the level of protection contemplated in the Huntington Beach building code is substantially maintained. EXCEPTION: four ( 4) hour fire-resistive occupancy separations , with parapets and no openings , may be provided in place of automatic sprinkler systems except as specified herein. " (b) WHERE REQUIRED. Automatic sprinkler systems shall be installed and maintained in operable condition in the following locations , as specified in this section: 111 . All occupancies except Group R, Division 3 , and Group M: "A . In every story or basement of all build- ings when the floor area exceeds 1500 square feet and there is not provided at least 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall in the story or base- ment on at least one side of the building. Openings shall have a minimum dimension of not less than 30 inches . Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. "When openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet from such openings , the story shall be provided with an approved automatic sprinkler system, or openings , as specified above, shall be provided on at least two (2) sides of an exterior wall of the story. "If any portion of a basement is located more than 75 feet from openings required by this section, the basement shall be provided with an approved automatic sprinkler system. "B. At the top of rubbish and linen chutes and their terminal rooms . Chutes extending through three (3) or more floors shall have additional sprinkler heads installed within such chutes at alternate floors . Sprinkler heads shall be accessible for servicing. "C. All rooms where nitrate film is stored or handled shall be equipped with an approved automatic 4. sprinkler r system specified o - as in U.B .0 . Standard N 48 1 . P "D. In protected combustible-fiber storage vaults as in section 9 . 118 of this code. 112. Group. A occupancies: "A. In basements larger than 1500 square feet in floor area . "B. Throughout the building when the gross floor area exceeds 12 ,000 square feet or has an occupied floor area more than 55 feet above grade or contains more than three (3) stories. "C. In any enclosed usable space below or over a stairway in Group A, Divisions 2, 2.1, 3 and 4 occupancies . "D. Under the roof and gridiron, in the tie and fly galleries and in all places behind the proscenium wall of stages; over enclosed platforms in excess of 500 square feet in area, and in dressing rooms , workshops and storerooms accessory to such stages or enclosed platforms . "EXCEPTIONS : 1' (1) Stages or enclosed platforms open to the auditorium room on three ( 3) or more sides. 11 (2) Altars , pulpits or similar plat- forms and their accessory rooms . 11 (3 ) Stage gridirons when side-wall sprinklers with 135 degree F rated heads with heat-baffle plates are installed around the entire perimeter of the stage at points not more than 30 inches below the gridiron nor more than 6 inches below the baffle plate. "E. Throughout the occupancy when the gross floor area exceeds 6000 square feet or with an occupant load over one hundred fifty (150) persons and is used as a drinking or dining establishment. "F. Throughout the building when there is a stage or enclosed platform provided. "G. Throughout the building when a portion of the building above the first floor is used for drinking and/or dining, having an occupant load of fifty (50) or more persons . "H. Throughout the building when a portion of 5 . the building above the first floor is used for any assembly purpose other than drinking and/or dining, having an occu- pant load of 150 or more persons . "I. Throughout all bowling alleys when the gross floor area is over 6000 square feet . 3. Group E occupancies: "A. In basements larger than 1500 square feet in floor area . "B. In any enclosed usable space below or over stairway. "C . Throughout the building when the gross floor area exceeds 12,000 square feet or has an occupied floor area more than 55 feet above grade or contains more than three (3) stories . 114 . Group I occupancies: "EXCEPTIONS: "A. In hospitals of Types I , II fire-resistive and II one-hour construction, the automatic sprinkler system may be omitted from operating, delivery, cardiac , X-ray and intensive care rooms and patient sleeping rooms not exceeding 450 square feet in area when each such room is provided with smoke detectors con- nected to a continuously attended station or location within the building. Increases for area and height specified in sections 506 (c) and 507 shall not apply when this exception is used. "B. In jails, prisons and reformatories , the piping system may be dry, provided a smoke-detector-actuated valve is installed within the water supply to the system. Opening of the valve will cause the piping system to be charged . Sprinkler heads in such systems shall be equipped with fusible elements or the system in U.B.C. Standard No. 38-1. "5 . Group H occupancies: "A . In Group H, Division 1 and 2 occupancies larger than 1500 square feet in floor area. "B . In Group H, Division 3 occupancies larger than 3000 square feet in floor area. "C . In Group H, Division 4 occupancies when the gross floor area exceeds 12,000 square feet or is more than one ( 1) story in height. 6. Ir, "D. In rooms where flammable or combustible liquids are stored or handled in excess of 30 gallons of Class I-A , 60 gallons of Class I-B, 90 gallons of Class I-C, 120 gallons of Class II , 250 gallons of Class III-A , or any combination of flam- mable liquids totalling 240 gallons . "E. For paint spray booths or rooms and for special provisions on hazardous chemicals and magnesium, and calcium carbide, see section 45 .208, Articles 48 , 49 and 80 . See also section 10.301 . 116 . Group B, Division 1 and 2 occupancies: "A . Throughout the building when the gross floor area exceeds 12,000 square feet or has an occupied floor area more than 55 feet above grade or contains more than three (3) stories . "B. In buildings used for high-piled combustible storage, fire protection shall be in accordance with Article 81 . "7 . Group B, Division 3 occupancies: "Throughout the building when the gross floor area exceeds 6000 square feet below grade or does not qualify as open parking. 118 . Group R, Division 1 occupancies: "A. Throughout the building where the gross floor area exceeds 12,000 gross square feet or has an occupied floor area more than 55 feet above grade or contains more than three (3) stories or when the total number of units in the building exceeds fifty (50) . EXCEPTION: two (2) hour fire-resistive occupancy separations , as described in the Huntington Beach building code, may be provided in place of automatic sprinkler systems . In ad- dition, when automatic sprinkler systems are not provided, four ( 4) hour fire-resistive occupancy separations , with parapets and no openings , shall be provided in every forty-eight thousand ( 48 ,000) square feet of gross floor area. " (c) ALARMS . When serving more than one hundred ( 100) sprinklers, automatic sprinkler systems shall be supervised by an approved central , proprietary or remote station service or a local alarm which will give an audible signal at a constantly attended location. " (d) PERMISSIBLE OMISSIONS . Subject to the approval of the building official with the concurrence of the chief of the fire department, sprinklers may be omitted in rooms or areas as fol- lows: 7. "1 . Where sprinklers are considered undesirable be- cause of the nature of the contents or in rooms or areas which are of noncombustible construction with wholly noncombustible contents and which are not exposed by other areas . Sprinklers shall not be omitted from any room merely because it is damp or of fire-resistive construction. 112. Sprinklers shall not be installed where the ap- plication of water or flame and water to the contents may con- stitute a serious life or fire hazard as in the manufacture or storage of quantities of aluminum powder, calcium carbide, calcium phosphide, metallic sodium and potassium, quicklime, magnesium powder, and* sodium peroxide. "3 . Safe deposit or other vaults of fire-resistive con- struction, when used for the storage of records, files and other documents , when stored in metal cabinets . 114 . Communication equipment areas under the exclu- sive control of a public communication utility agency, provided: "A . The equipment areas are separated from the remainder of the building by one-hour-fire-resistive occu- pancy separation; and "B. Such areas are used exclusively for such equipment; and "C. An approved automatic smoke detection system is installed in such areas and is supervised by an approved central, proprietary or remote station service, or a local alarm which will give an audible signal at a constantly attended location; and "D. Other approved fire protection equipment such as portable fire extinguishers or Class II standpipes , is installed in such areas . "5 . Other approved automatic fire-extinguishing systems shall be installed to provide safeguards for special hazards or occupancies when automatic sprinklers are omitted. " 17 .56 .110 Section 12 .114 added--Mall use . The Huntington Beach Fire Code is amended by adding section 12.114 to read as follows: "Sec . 12 .114. When malls in shopping centers are used for purposes other than a means of ingress and egress to the stores located in such centers such as places to display merchandise , to put on various types of entertainment, or any activity which 8. attracts audiences , Articles 12 and 25 of this code shall apply." 17 .56.120 Section 25 .106(b) amended--Exit doors . Sub- section b of section 25.10 is hereby amended by deleting the "Exception." 17 .56.130 Section 45 .204 amended--Dry type overs ra AL collectors exhaust air filters ) . Section 45 .204 is hereby amended by adding thereto subsection (i) to read as follows: "Sec. 45 .204( 1) When alternative methods of protection, as approved by the chief, are provided , the above may be modi- fied or waived." 17 .56.140 Section 49 .111(c) amended--Fuel gas cylinder storage. Subsection c of section 49 .111 is hereby amended to read as follows: "Sec . 49 .111( c) The storage of fuel gas cylinders in such rooms shall not exceed a total capacity of two thousand (2000 ) cubic feet of gas , or total water capacity of 735 pounds of methylacetylene propadiene stabilized." 17 .56.150 Section 77 .105 amended--Bond required_. Section 77.105 is amended to read as follows: "Sec. 77 .105 . Before a permit is issued to use explosives or blasting agents , pursuant to section 77. 104 (a)3, the appli- cant shall file with the city a corporate surety bond in the principal sum of one million dollars ( $1, 000,000) , or a public liability insurance policy for the same amount for the purpose of paying for all damage to persons or property which arise from, or are caused by, the conduct or any act authorized by the per- mit . 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. "The applicant, pursuant to requirements adopted by resolu- tion of the city council, agrees that the city of Huntington Beach city council, and/or all city council-appointed groups , committees , commissions , boards and any other city council- appointed body, and/or elective and appointive officers , servants or employees of the city of Huntington Beach when acting as such, shall be additional insureds thereunder. "The applicant shall provide the city with a certificate of insurance containing the above additional insured endorse- ment and the hold harmless agreement hereinafter mentioned . "The applicant shall agree to protect, defend, indemnify 9. and save harmless the city of Huntington Beach against loss , damage or expense by reason of any suits , claims , demands, judg- ments and causes of action caused by the applicant, his employees , agents or any subcontractor, arising out of or in consequence of the performance of all or any operations covered by the certifi- cate of insurance, and such insurance shall be primary to any insurance of the city. "Public agencies shall be exempt from the foregoing bond requirement ." 17 .56.160 Prohibited districts for storage of explosives and blasting agents . The limits referred to in section 77 .10 (b) of the Huntington Beach Fire Code prohibiting the storage of explosives and blasting agents , are established for all zones within the city except the M2 or heavy industrial district. 17.56 .170 Section 78 .102(a) amended--Fireworks manufacture. Subsection a of section 7 . 002 is hereby amended to read as follows: "Sec. 78 .102(a) The manufacture of fireworks within the city is prohibited." 17 .56.180 Sections 78 .107 78 .108 and 78 .109 added--Fireworks . Sections 7 .107, 78.10 and 78 . 109 are hereby added to the fire code: "Sec . 78 .107. Permitted use of safe and sane fireworks . Nothing in this article shall prohibit the use of fireworks classi- fied and registered by the California state fire marshal as ' safe and sane, ' or ' consumer fireworks' for religious or pa- triotic celebrations if such use is under the direct supervision of a pyrotechnic operator, licensed by the state of California in accordance with Division 1, Part 2, Chapter 5 of the Health and Safety Code." "Sec . 78 .108. Temporary retail sales of fireworks . It shall be unlawful for any person to offer for sale any fireworks within the city without first obtaining a permit from the fire chief or his authorized representative . Application for and is- suance of the permit shall be governed by the following regula- tions: 11 (1 ) Eligibility. Fireworks permits shall be issued only to such applicants who meet the following qualifications: " (a) A nonprofit corporation or association, organized and existing primarily for youth, veterans , patriotic , religious , charitable, civic betterment or community service purposes , using 10 . one of the following criteria to establish the nonprofit chari- table or religious status: 1) copy of articles of incorporation as a nonprofit charitable or religious 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 ex- empt ( 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 princi- pal 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. " (c) If a dispute or question arises relative to the nonprofit charitable or religious status of any organization, the applicant may appeal to the fire chief whose decision shall be final . 11 (2) Number of stands . A permit for only one ( 1) fireworks stand will be issued to any one organization, including its af- filiated 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. "If a dispute arises between applicants concerning locations of stands, the matter may be referred to the fire chief for his decision, and such decision shall be final . I' M Location approval . In no instance shall a permit be issued for fireworks stand in the following locations: " (a) Within three-fourths mile of any other tem- porary stand (measured over the nearest surface streets) ; " (b) On the ocean side of Pacific Coast Highway; " ( c) Within the boundaries of any principal busi- ness district. " (5) Application for permit . (a) Applications may be obtained at the fire department administrative offices on or after the first day of January. " (b) Applications shall be submitted to the fire department on or before the first day of May or the first work- ing day thereafter of the calendar year for which the permit is sought . All sections of the permit application shall be com 11 . pleted. " (6) Permits . Permits shall be issued by the fire chief or his appointed representative. Any permit issued shall be valid only for the site location for which it is issued. Per- mits shall not be transferable, assignable or renewable, and 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 . " (8) Cash bond. At the time of application, the permittee must post a cash bond in the sum of one hundred dollars ($100) with the city. If the permittee fails to remove his stand, equipment and rubbish from the premises before the 8th 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 his stand, equipment and rubbish from the premises before the 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. " (9) Public liability and property damage insurance. Prior to the issuance of any permit and the erection of any stand, the permittee shall procure public liability and property damage in- surance covering its operation in and about said stand and prem- ises in a minimum amount of one million dollars ( $1 ,000,000) in the aggregate for combined single limit bodily injury and/or property damage, including products liability. Such public liability insurance policy shall name the city as an additional insured, and shall indemnify, defend , and hold harmless the city, its officers and employees against all claims arising out of or in connection with the activity for which the permit was obtained. "( 10) Vacant or new location sites--Drawing procedure . Ap- plicants for vacated or new sites shall be selected in the fol- lowing manner: " (a) Permit and permit application procedures shall be the same as described in subsections ( 5) and (6) of this section. "(b) The fire department shall hold a drawing on the 15th day of May, or the first working day thereafter of each year for the purpose of awarding vacant or new fireworks stand locations to eligible applicants . Applicants shall indicate an order of preference of the sites available rather than a spe- cific site. 12 . " ( c) The applicant or representative of applicant shall be present at said drawing. The applicant shall provide proof that he is a bona fide member of the applicant organization and shall represent one organization only. "(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. 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 organi- zation may use said site. " (e) Should any dispute or question arise relative to the application, permit , drawing, operation or any other as- pect of the fireworks stands , such matter shall be referred to the fire chief whose decision shall be final." "Sec. 78 .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 fire chief. Violation of any state 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 representa- tive. 11 (1) Temporary stands shall not be erected prior to mid- night of June 14th . No stand shall remain on the property later than midnight , July 7th , without incurring a penalty. 11 (2) All temporary stands shall be constructed in accord- ance with existing city building regulations , including the fol- lowing: " (a) Temporary stands shall be constructed of ma- terials equal to 28 gauge sheet metal or 3/8 inch exterior plywood. " (b) Each stand shall have a roof. Up to three ( 3) sides may be covered with one-half (1/2 ) inch wire mesh. " ( c) Service openings shall be covered with one- half ( 1/2) inch hardware cloth or its equivalent. " (d) Exit and locking devices . Each stand erected shall have no less than two 2) 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 opened from the interior without requiring special know- ledge, effort , or tools , including keys . The exits shall be not less than thirty ( 30) inches in width and an aisle maintained 13 . thereto not less than thirty (30) inches wide. " (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 other structure. Minimum setback from the street curbing shall be ten (10 ) feet or more, as required by the fire prevention division, which shall mark the placing of the nearest part of stand to curb . 11 (4) Fireworks shall not be sold from existing businesses or buildings but only from temporary fireworks stands which com- ply with these regulations . " (5 ) Retail sale of fireworks is permitted from July 1 through July 4 between the hours of 9 a.m. to 10 p.m. daily. No fireworks shall be sold on any other dates or during any hours other than those specified herein. 11 (6) Fireworks shall be stored and kept only in the per- mittee' s sales stand. It shall be unlawful to store any fire- works 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 permit to a person shall extend to sales- men or other employees of such person who is registered with the state fire marshal. The sales personnel and other employees of permittees , however, need not be registered with the state fire marshal. No person under the age of eighteen (18) shall be permitted inside a fireworks stand or be permitted to sell or handle for sale any classification of fireworks . 11 (8) Stands shall not be stocked with fireworks until all conditions of the applicable codes are complied with. The fire department permit is the only permit issued prior to the opening of a stand. To obtain an inspection, the fire department must be called twenty-four hours in advance . 11 (9 ) No fireworks shall be sold or offered for sale in 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 fireworks in the city without first having obtained a fireworks retail license from the state fire marshal, as required under the laws of the state of California . 11 (10) There shall be at least one ( 1) person, age eighteen ( 18) or over, in attendance in each stand during the specified sales hours for fireworks . 11 (11) Stands that operate at or after dusk shall provide 14 . a sufficient number of battery-powered 'safari ' lights , or the equivalent, to light the area adequately for safe visibility. 11 (12) No arc or kleig light or any type of open flame de- vice shall be located within seventy-five (75) feet of any fire- works stand . " (13) The permittee shall provide at least one (1) person, age eighteen (18) or over, as night watchman for security pur- poses during the hours of storage. Under no circumstances shall the night watchman sleep in 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. 11 (14) There shall be placed adjacent to all fireworks stands metal trash containers with metal lids of sufficient size and number to accommodate trash generated by the sale of fireworks . " (15) Phosphorous matches or similar igniting devices shall not be permitted in fireworks stands and shall not be sold by the permittee or his authorized salespersons . 11 (16) The fireworks stand and an area of fifty (50) feet therefrom shall be maintained free of accumulation of trash and debris and standing dry vegetation. 11 (17) No alcoholic beverages shall be allowed on the premises . 11 (18) There shall be maintained in each stand from which fireworks are sold or offered for sale , suitable fire extinguishers of a type and number approved by the fire chief. 11 (19) No person 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 or within fifty (50) feet of said structure. 'No smoking' signs shall be prominently dis- played in a number prescribed by the fire chief. 11 (21) No signs or lights shall be erected or maintained in connection with a fireworks stand which create a traffic hazard. 11 (22) Gasoline-driven generators used for the purpose of supplying electrical power to trailers , campers or similar quar- ters for night watchmen, shall not be placed within twenty-five 15/ ( 25 ) feet of the fireworks stand. 11 (23) Flammable or combustible liquids shall not be per- mitted within twenty-five (25) feet of any fireworks stand. A maximum of one ( 1) gallon, in an approved safety 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. 11 (24) A copy of these regulations and all required permits shall be posted in a conspicuous location within the fireworks stand." 17 .56 .190 Safe and sane fireworks . (a) Every person, agent or employee thereof, engaged in the business of the sale or dis- position 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 or given such fireworks 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 infraction. ( c) Any person under the age of eighteen ( 18) years who dis- charges any safe and sane fireworks within the city boundaries except under the direct supervision and in the presence of a person who is age eighteen (18) years or over, is guilty of an infraction. (d) For the purpose of preventing a violation of subsection (a) hereof, any person, 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 fire- works to any person who fails to produce adequate written evi- dence that he or she is eighteen (18) years of age or older. Such written evidence may include , but is not limited to, a motor vehicle operator' s license . Proof that the person, agent or employee thereof, engaged in the sale or disposition of safe and sane fireworks , demanded, was shown and acted in re- liance upon adequate written evidence of proof of age eighteen ( 18) or over, shall be a defense to any criminal prosecution under this section. ( e) The term "safe and sane fireworks" is expressly de- fined in the California Health and Safety Code. (f) An infraction committed by a violation of this section 16 . shall, upon a conviction thereof, be punishable for each con- viction 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 sub- section (a) of this section, of any sponsoring organization from whose fireworks stand said illegal sale was made shall not re- ceive a permit to sell fireworks the following year . 17.56 .200 Section 79 .104 amended--Flammable/combustible liquid containers . Section 79 .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 container is of an approved type." 17 .56.210 Section 79 .201 amended--Defines districts where aboveground storage of flammable/combustible liquids ispro- hibited. Subsection a of section 79 .201 is hereby amended by adding the following: "Sec. 79 .201(a) The limits referred to herein in which storage of Class I and II liquids in outside, aboveground tanks is prohibited are hereby established for all commercial land use districts as defined in the Huntington Beach Municipal Code, except for those properties zoned for oil production." 17 .56 .220 Section 79 .216 added--Underground combustible/ flammable liquid tanks prohibited . Section 79 .216 is added to read as follows: "Sec . 79 .216. The installation of underground combustible/ flammable liquid tanks is hereby prohibited in all residential districts . The fire chief may authorize the installation of underground combustible/flammable liquid tanks in agricultural districts ." 17.56.230 Section 79 .221 amended--Abandonment of tanks . The title of section 79 .221 is hereby amended to read "Abandon- ment or Removal of Tanks ." Section 79 .221 is further amended by adding subsection (h) to read as follows : "Sec. 79 .221(h) Prior to removing any underground tank, all flammable or combustible liquids shall be removed from the tank and from connecting lines . The suction, inlet, gage and vent lines shall be disconnected. Sections of connecting lines which are no longer to be used shall be removed. Inlets , out- lets and leaks , if any, shall be capped or plugged. "After removal, the tank may be freed of gas on the premises 17 . if it can be done safely at that location . If not, the tank shall be transported to an area not accessible to the public and the gas freed at that location. Removal of the gas shall be ac- complished by using ten (10) pounds of solidified carbon dioxide ( dry ice) for each one thousand ( 1000) gallons of tank capacity. Alternative measures may be used with the approval of the fire chief." 17.56.240 Section 79 .307 added--Tank piping test. Sec- tion 79 .307 is added to read as follows: "Sec. 79 .307 After completion of the installation, the system shall be tested as provided in section 79 .215 . " 17.56.250 Section 79 .601--Location of bulk plants limited. Section 79.601 is amended by adding the following: "Sec. 79 .601. No new bulk plant shall be constructed within the limits established by law as limits of the districts in which such plants are prohibited . The limits of prohibition referred to herein for new bulk plants for flammable or combustible liquids shall apply to all districts within the city except M2 or heavy industrial districts . " 17.56.260 Section 79 .1001 (a) amended--Permit required. Sub- section (a) of section 79 . 1001 is amended to read as follows: "Sec. 79 .1001 (a) No person shall drill , own, operate or maintain an oil well without a permit from the fire department." 17 .56 .270 Subsections (b) and (e) of section 79 .1002 amended--Oil well drilling . Subsections b) and (e) of section 79 .1002 are amended to read as follows : "Sec. 79 .1002 (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. "Sec. 79 .1002(e) The distances set out 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 not more than twenty (20) feet wide to the enclosed area may be allowed." 17.56 .280 Section 79 .1012 added--Huntington Beach Oil Code, Title 15 . Section 79 .1012 is added to read as follows: "Sec. 79 .1012 . The Huntington Beach Oil Code, Title 15 , is referenced by this code and hereby declared to be a part of this 18 . code as if set forth in full herein. " 17 .56 .290 Section 79 .1101 amended--Permits for tank ve- hicles . Section 79 .1101 is amended to read as follows: "Sec . 79 .1101 . A tank vehicle shall not be operated without a valid certificate of compliance label from the state fire mar- shal." 17.56 .300 Section 79 .1102 amended--Tank vehicle con- struction. Section 79 .1102 is amended to read as follows: "Sec . 79 .1102 . Tank vehicles shall be designed, constructed, equipped and maintained in accordance with the California Administrative Code, Title 19, Public Safety Chapter 1, Sub- chapter 11 and the Uniform Fire Code Standard No . 79-4.11 17 .56 .310 Section 79 .1201 deleted--Transportation pipelines . Section 79.1201 is hereby deleted from this code. 17 .56 .320 Subsection (a) of section 82 .105 defined--Re- stricted districts for bulk storage of liquefied petroleum Eases . Subsection a of section 2 .105 is amended by adding the fol- lowing for the purpose of definition: "Sec. 82 .105(a) Bulk storage of liquefied petroleum gases shall not be permitted in the city other than in M2 or heavy industrial districts ." 17.56 .330 Appendix F , Marinas , amended. Sections 4 and 5 are hereby amended and section 9 added to read as follows: 114. FIRE-PROTECTION EQUIPMENT. All piers , wharves , floats with facilities for mooring or servicing five (5 ) or more ves- sels, and marine service stations shall be equipped with fire- protection equipment as follows: " (a) A wet standpipe system shall be installed on all docks , piers, wharves , or marine service stations that exceed one hundred (100) feet in length or are otherwise inaccessible from city fire hydrants . The wet standpipe system shall be capable of delivering 250 gallons per minute at a residual pressure of 50 psi at the outlet . The outlet shall be a 2 112 inch national standard thread with an approved gate valve . Outlets shall be spaced at two hundred (200) foot intervals , in approved loca- tions , preferably at point of public access . Outlets shall be installed so that they are readily visible, unobstructed and readily discernible as a piece of firefighting equipment . " (b) Piers and wharves shall be provided with fire apparatus 19 . access roads and water supply systems with on-site fire hydrants as may be required by the chief . Such roads and water systems shall conform to Article 10 of this code. " "5. PORTABLE FIRE-PROTECTION EQUIPMENT. A 4A3 40-BC fire extinguisher shall be located every 150 feet along the dock. The fire extinguisher shall be located in a standard fire extinguisher cabinet with a breakable glass front . The cabinet shall have placards on both sides with the words 'FIRE EXTINGUISHER ' and either have an additional placard on the front or shall be easily recognized from the front as a fire extinguisher cabinet ." 119 . PLANS . Two ( 2) sets of plans must be submitted to the fire department indicating: (a) the dock layout; (b) the loca- tion of wet standpipe outlets , accompanied by pipe schedules and hydraulic calculations; and (c) location of fire extinguisher cabinets ." 17 .56.340 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 this code do not apply, or that the true intent and meaning of this code has been misconstrued or wrongly interpreted, the appli- cant or permittee 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 .350 New materials , processes or occupancies--Permits . The city administrator, the chief of the fire department , and the chief of the fire prevention division shall act as a committee to determine and specify, after giving affected persons an oppor- tunity 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 fire prevention division shall post such list in a conspicuous place in his office , and distri- bute copies to interested persons . 17 .56 .36o Violation--Penalty. Any person who violates any provisions of this code or who violates or fails to comply with any order made hereunder, or who builds in violation of any de- tailed statement of specifications or plans submitted and approved hereunder or who violates any certificate or permit issued here- under, and from which no appeal has been taken, or who fails to comply with such 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 be guilty of a misdemeanor. 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 de- fects within a reasonable time; and when not otherwise specified, 20 . each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . 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 portions thereof, and amendments thereto, ir- respective of the fact that any one or more sections , subsections , sentences , clauses , phrases or portions , or amendments be declared invalid or unconstitutional. SECTION 4. Neither the adoption of this ordinance nor the repeal of any ordinance shall in any manner affect the prosecu- tion for violation of ordinances which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collec- tion of any such license or penalty of the penal provisions ap- plicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 5. 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 Independent, a news- paper of general circulation. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 16th day of June 1980 21 . Mayor ATTEST: APPROVED AS TO FORM: I City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: CV Administrator Fire Gihlef 22 . Ord. No. 2430 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, 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 2nd day of June 19 80 , and was again read to said City Council at a regular meeting thereof held on the 16th day of June 19 80 , and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, Thomas, Finley, Bailey, Mandic, Kelly NOES: Councilmen: None ABSENT: Councilmen: MacAllister City 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 ex-officio Clerk of the City Council, do hereby certify that a synopsis of this ordinv.ce has been published in the Huntington Beach In;' •dent on ,i .._.c�.:.�o._...... 19 IIO.:.. In accor nce with the CiLy Charter of said City. a...l.. ..� ....m, wEwtwav __— City Clerk ............................ ...._.•.... ............................ t}epttty City Clerk