HomeMy WebLinkAboutOrdinance #2638 7'E SOfcr tt�.v S 30a
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ORDINANCE NO. 2638
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING CHAPTER 17. 56 THEREOF, AND ADD-
ING THERETO 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Code is hereby repealed.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, " to read as follows :
17. 56. 010 Adoption. 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 cer-
tain code and standards known as the Uniform Fire Code, including
Appendices I-A through VI-D and amendments thereto, published by
the Western Fire Chiefs Association and the International
Conference of Building Officials , being particularly the 1982
edition thereof and the whole thereof, save and except those por-
tions as are hereinafter deleted, modified or amended, of which
code and standards not less than three (3) copies have been and
are now filed in the office of the city clerk, and the same are
hereby adopted and incorporated as fully as if set out at length
herein, and from the date on which such 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 Definition. Wherever the word "Jurisdiction" is
used in the Huntington Beach Fire Code, it shall mean the city of
Huntington Beach.
17. 56 .030 Section 10 . 203 amended--Hydrant use approval.
Section 10. 203 is amended to read as follows :
"Seca 10. 203. No person shall use or operate any hydrant or
r other valve installed on any water system intended for use by the
chief for fire suppression purposes and which is accessible to any
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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 city water department. This section
does not apply to the use of a hydrant or other valve by a per-
son employed by and authorized to make such use by the water
department which supplies water to such hydrant or other valve. "
17. 56. 040 Section 10 . 207 amended--Access roadways for
fire apparatus. Section 10 . 207 is amended to read as follows :
"Sec. 10. 207. (a) Required Construction. Every building
hereafter constructed shall be accessible to fire department
apparatus by way of roadways which conform to the established
standards and specifications of the Huntington Beach fire depart-
ment . All roadways shall have all-weather driving surfaces con-
structed to conform to the standards and specifications of the
Huntington Beach public works department.
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"EXCEPTION: When there are not more than two
Group R, Division 3 or M occupancies , as de-
fined 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.
rr(b) Obstructing. The required width of access roadways
shall not be obstructed in any manner, including parking of ve-
hicles . Approved NO PARKING signs or other appropriate no-
tices prohibiting obstructions shall be provided and maintained
to conform to the standards and specifications of the Huntington
Beach fire department .
"(c ) Extent . The access roadways shall be extended to
within 150 feet traveling distance of all portions of the ex-
terior walls of the first story of any building. Where an
access roadway cannot be provided, an approved fire protection
system or systems shall be installed as required and approved
by the chief.
"(d) Alternative . When fire protection systems , approved
by the chief, are provided, the clearance required by subsection
(c ) may be modified.
"(e) Oversizing. The chief shall have the authority to
require an increase in the minimum access width where such width
is inadequate for fire or rescue operations. "
17. 56. 050 Section 10. 208 amended--Premises identification.
Section 10. 208 is amended to read as follows :
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"Sec. 10. 208. Approved numbers or addresses shall be
placed on all new and existing buildings in such position as
to be plainly visible and legible from the street or road
fronting the property. Such numbers shall be a minimum of
4 inches in height with a 1/2 inch brush stroke, and shall be
superimposed on a contrasting background. "
17. 56. 060 Section 10 .301(e) amended--Fire-protection
systems installation. Section 10: 301 e is amended to read as
follows :
"Sec . 10. 301(e) Approval and Testing. All fire alarm
systems , fire hydrant systems , fire-extinguishing systems (in-
cluding automatic_ sprinklers) , wet and dry standpipes , basement
inlet pipes , and other fire-protection systems and appurtenances
thereto shall meet the approval of the fire department as to
installation and location and shall be subject to an annual test.
Plans and specifications shall be submitted to the fire depart-
ment for review and approval prior to construction. A written
record shall be maintained and made available to the inspection
authority. "
17 . 56. 070 Section 10 .309(a) amended--Automatic fire ex-
tinguishing system. Section 10. 309 a is amended to read as
follows .
"Sec . 10. 309 (a) Where Re2uired. An automatic fire ex-
tinguishing system shall be installed 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 stories .
"For special provisions on hazardous chemicals and magnesium,
and calcium carbide, see Sections 10. 301 and 45.208 and Articles
481 49 and 80. "
17 . 56. 080 Section 10 .309(c ) amended--Automatic sprinkler
system in Group A Occupancies . Section 10. 309 c is amended to
read as follows :
Sec. 10. 309(c) Group A Occupancies . 1. Nightclubs,_
discos . An automatic fire-protection system shall be installed
throughout buildings when an area is used for entertaining occu-
pants who are drinking and/or dining when that area exceeds
5000 square feet unseparated, or with an occupant load in excess
of 150 persons . For uses to be considered as separated, the
separation shall be not less than that required for a one-hour
occupancy separation. The area of other uses shall be included
unless separated by at least a one-hour occupancy separation. "
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it 17. 56 . 090 Section 10. 309(c) amended Automatic sprinkler
system in Group A Occupancies . Section 10. 309 c is amended by
adding thereto numbers 6 through 10 to read as follows:
"Sec. 10. 309(c)6. Throughout the occupancy, when the gross
floor area exceeds 5000 square feet or with an occupant load in
excess of 150 persons and used as a drinking and dining estab-
lishment .
"Sec . 10, 309(c)7 . Throughout the building when there is
a stage or an enclosed platform.
"Sec . 10. 309(c)8 . Throughout the building when a portion
of the building above the first floor is used for drinking
and/or dining with an occupant load of fifty or more persons.
"Sec . 10. 309(c)9. Throughout the building when a portion
of the building above the first floor is used for any assembly
purpose, other than drinking and/or dining, with an occupant
load of 150 or more persons .
"Sec. 10. 309(.c)10. Throughout all bowling alleys when the
gross floor area is in excess of 6000 square feet . "
17. 56.100 Section 10. 309(d) amended--Automatic sprinkler
system in Group B Occupancies. Section 10. 309 d is amended to
read as follows:
"Sec . 10 . 309(d) Group B, Division 1 and 2 Occupancies . An
automatic sprinkler system shall be installed:
111. In buildings used for high-piled combustible storage
in accordance with the provisions of this code.
"2. Throughout the building when the gross floor area ex-
ceeds 12,000 square feet or has an occupied floor more than
55 feet above grade or contains more than three stories.
"Group B Division 3: Throughout the building when gross
floor area is 6000 square feet or more, or does not qualify as
open parking. "
17. 56.110 Section 10 . 309(f)4 amended--Automatic sprinkler
stem in Group H Occupancies. Section 10 .309 is amended
to read as follows:
"Sec . 10. 309(f)4 . Division 4 . A fire-extinguishing system
shall be installed in Group H, Division 4 occupancies when the
gross floor area exceeds 12,000 square feet, or is more than
one story high. rr
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17. 56.120 Section 10.309 (f) amended--Automatic sprinkler
system in Group H Occupancies . Section 10.309 f is amended
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by adding section 5 to read as follows :
"Sec. 10. 309(f) 5. In any room where flammable or com-
bustible liquids exceed those amounts as set out in Table 9-A
of the Huntington Beach Building Code, or any combination of
flammable liquids exceeding 240 gallons . "
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17.56.130 Section 10. 309(h) added--Automatic fire-extin-
guishing systems . Section 10. 309 is hereby amended by adding
subsection h to read as follows :
"Sec . 10. 309(h) Group R, Division 1 Occupancies . 1. Build-
ings in medium-high and high-density developments , as defined by
the Huntington Beach Ordinance Code, shall be protected throughout
by an automatic fire-protection system.
"2. An automatic fire-protection system shall be installed
throughout the building where 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 stories , or when the
total number of units in the building exceeds fifty.
"EXCEPTION: Two-hour-fire-resistive occupancy separa-
tions, as described in the Huntington Beach Building Code,
may be provided in place of an automatic fire-protection
system. Where an automatic fire-protection system is not
provided, four-hour-fire-resistive occupancy separations
with parapets and no openings shall be provided in every
48,000 square feet of gross floor area. "
17. 56.140 Table 10 .312 amended--Standpipe requirements .
No. 5 of the heading 'Occupancy" in Table 10 .312 is amended
to read as follows :
"Groups I, H, B, Div. 1, 2 or 3 Occupancies less than
four stories in height but greater than 12,000 square
feet gross floor area. "
17. 56.150 Section 25.106(b )2 amended--Exit doors . Sec-
tion 25.106 b 2 is amended to read as follows:
"Sec . 25. 106(b )2. In Group A, Divisions 2, 2.1 and 3
Occupancies . In Group A, Divisions 2, 2.1 and 3 Occupancies
shall not be provided with a latch or lock unless it is panic
hardware.
"EXCEPTION: In Group A occupancy or occupancies
or portions thereof, having an occupant load of less
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than 300, panic hardware may be omitted from the main
exit when the main exit consists of a single door.
A key locking device may be used in place of panic
hardware, provided there is a readily visible me-
tallic sign adjacent to the doorway stating THIS
DOOR MUST REMAIN UNLOCKED DURING BUSINESS HOURS.
The sign shall be in letters not less than 1 inch
high on a contrasting background. When unlocked,
a single door must be free to swing without opera-
tion of any latching device. Flush, edge or sur-
face bolts or any other type of device that may
be used to close or restrain the doors other than
by operation of the locking device are prohibited.
The use of this exception may be revoked by the
building official for cause. "
17. 56 .160 Section 78. 102 amended--Manufacture of fireworks .
Subsection a of section 78 .102 is hereby amended to read as
follows :
"Sec. 78.102(a) The manufacture of fireworks within the
city is prohibited. "
17. 56.170 Sections 78.107 78.108 and 78.109 added--Fireworks.
Sections 78 .107., 78.15d and 7 .109 are hereby added to the fire
code :
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"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 patriotic
celebrations if such use is under the direct supervision of a py-
rotechnic operator, licensed by the state of California in accord-
ance with Division 11, Part 2, commencing with section 12500 of
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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 :
"(l) Eligibility. Fireworks permits shall be issued only
to 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
one of the following criteria to establish the nonprofit chari-
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table or religious status : 1) copy ofarticles 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 col-
lected are dispersed as to charity and as to overhead and expenses .
"Once charitable status has been documented, it shall
remain on file as proof until such status is changed or revoked.
"(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.
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"(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 a 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-
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ing day thereafter of the calendar year for which the permit is
sought. All sections of the permit application shall be com-
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 and a service fee, es-
tablished by resolution of the city council, to cover the cost
of processing and inspections shall be paid at the time the
application is submitted.
"(8) Cash bond. At the time of application, the permittee
shall post a cash bond in a sum, established by resolution of
the city council, to guarantee removal of the stand, equipment
and rubbish from the premises . If the permittee fails to remove
such stand, equipment and rubbish on or before July 12 of each
year, the city shall perform the cleanup work and the full
amount of the 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 anti 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.
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"Cc ) 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.
" (1) Temporary stands shall not be erected prior to mid-
night of June 14. No stand shall remain on the property later
than midnight, July 7, 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 becovered 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
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less than thirty (30) inches in width and an aisle maintained
thereto nog 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 shall be the last permit issued prior to the
opening of a stand. To obtain an inspection, the fire depart-
ment 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 .
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11 (11) Stands that operate at or after dusk shall provide
sufficient lighting powered by an approved electrical source
or a sufficient number of battery-powered safari lights, or the
equivalent, to light the area adequately for safe visibility.
An electrical permit shall be applied for if anything other
than battery-powered lighting is to be used.
"(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.
"(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.
"(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.
"(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.
11(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
conneet _on with a fireworks stand which create a traffic hazard.
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"(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
(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. 180 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.
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(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-
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j fined 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 con-
viction by a fine not to exceed one hundred dollars ($100) .
Cg) 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. 56.190 Section 79.104 amended--Flammable/combustible
liquid containe-rs. 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. 56.200 Section 79.113(a) amended---Abandonment and status
of tanks. Section 79 .113 a _ is amended to read as follows :
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"Sec . 79 .113(a) Permits . For permits to remove, abandon,
place temporarily out of service or otherwise dispose of any
flammable or combustible liquid tank, see Section 4.101.
"Prior to removing an underground tank, all flammable/com-
bustible liquids shall be removed from the tank and from con-
necting lines . The suction, inlet, gauge and vent lines shall
be disconnected. Sections of connecting lines which are no
longer to be used shall be removed. Inlets , outlets and leaks ,
if any, shall be capped or plugged. After removal, the tank
may be freed of gas on the premises if it can be done safely at
that location. If not, the tanks shall be transported to an area
not accessible to the public and the gas freed at that location.
Removal of the gas shall be accomplished 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. Any tank not used for a period
of ninety (90 ) days shall be properly safeguarded or removed in
a man-ner approved by the chief. "
17. 56.210' Section 79. 501 amended--Defines districts where
aboveground storage of flammable combustible liquids is pro-
hibited. Section 79. 501 is hereby amended to read as follows :
"Sec . 79. 501. 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
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use districts as defined in the Huntington Beach Ordinance Code,
except for those properties zoned for oil production. "
17. 56 . 220 Section 79. 601(a) amended--Location of under-
ground combustible flammable liquid tanks--Where prohibited.
Section 79. 601 a is amended to read as follows :
"Sec. 79. 601(a) Location. A flammable or combustible
j liquid storage tank may be located underground, outside of or
under a building if such installation meets the requirements of
this section. The tank shall be so located with respect to
existing foundations and supports that the loads carried by the
latter cannot be transmitted to the tank. The distance from
any part of a tank storing liquids to the nearest wall of any
basement , pit, cellar or property line shall be not less than
3 feet . A minimum distance of 1 foot, shell to shell, shall be
maintained between underground tanks.
"The installation of underground combustible/flammable
liquid tanks is hereby prohibited in all residential districts.
The fire chief may authorize installation of underground com-
bustible/flammable liquid tanks in agricultural districts . "
17 5 6. 230 Section ect� n 0 79. 603 6D amended--Corrosion protection.
Section 79 . 03 is amended to read as follows :
"Sec. 79. 603. All underground tanks and piping shall be
protected from corrosive conditions by any one of the following:
"l. Through the use of an engineered, properly installed
and maintained cathodic protection system.
112. Approved corrosion/resistant materials of construction
such as special alloys , nonmetallics, reinforced plastic coatings,
and fiberglass reinforced resin systems .
"3. The use of any composite or equivalent protection such
as coal tar and coal tar saturated felt shall be prohibited as a
qualified corrosion protection material, and shall not be used
within the city.
"If conditions based on adequate proof actually warrant the
deletion of the corrosion-protection requirements , the chief
may waive the corrosion-protection requirements . "
17. 56. 240 Section 79 . 1102(a) amended--Well drilling permits.
Section 79. 1102(a) is amended to read as follows:
"Sec . 79.1102(a) No person shall drill, own, operate or
maintain an oil well without a permit from the fire department ."
14 .
17. 56.250 Subsections 79.1103(b ) and (e) amended--Location
of well Subsections b) and e of section 79. 1103 are amended
to read as follows :
"Sec . 79.1103(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 . 79.1103(e) The distances set out in subsections
(a) , (b ) , (c) and (d) of this section, at the discretion of the
chief, may be reduced if a six (6) foot masonry wall is con-
structed around the perimeter of the drilling site. A single
opening not more than twenty (20) feet wide through the enclosed
area may be allowed. "
17. 56 . 260 Section 79. 1105 amended--Sumps prohibited. Sec-
tion 79.1105 is amended to read as follows:
"Sec. 79.1105. The maintenance of any sump or other
basin for the retention of oil or petroleum products in this
city is prohibited. "
17. 56. 270 Section 79. 1113 added--Huntington Beach Oil
Code incorporated. Section 79. 1113 is hereby added to read as
follows :
"Sec . 79.1113 . The Huntington Beach Oil Code (Huntington
Beach Municipal Code Title 15) is incorporated herein by ref-
erence, and declared to be a part of the Huntington Beach Fire
Code as though set out in full herein. "
17. 56 .280 Section 79. 1201 amended--Tank vehicles for
flammable and combustible 'liquids--Permits. Section 79.1201
is amended to read as follows :
"Sec . 79 .1201. Permits . No tank vehicle shall be operated
without a valid certificate of compliance label from the state
fire marshal's office. "
17. 56.290 Section 79. 1202 amended--Tank vehicle construc
Lion. Section 79.1202 is amended to read as follows:
"Sec . 79. 1202. Tank Vehicle Construction. Tank vehicles
shall be designed, constructed, equipped and maintained in
accordance with Title 19, California Administrative Code,
Chapter 1, Subchapter 11, and the Uniform Fire Code Standard
79-4 • "
17. 56. 300 Section 79. 1401 amended--Bulk plants--Where lo-
cated. Section 79. 1 01 is amended to read as follows :
15.
"Sec. 79 .1401. No bulk plant for the storage or processing
of flammable and combustible liquids shall be constructed or
permitted in any district; in the city except an M2, 'Industrial
District . "'
17. 56 .310 Section 79. 1701 amended--Transportation pipelines.
Section 79. 1701 is amended to read as follows :
"Sec . 79. 1701. Transportation pipelines shall be subject
to the requirements contained in California Government Code sec-
tions 51010 et seq. (California Pipeline Safety Act of 1981) , and
California Health and Safety Code section 13107. 5 as such regu-
lations now exist and any amendments thereto . "
17. 56.320 Section 82.105(a) amended--Liquefied petroleum
gases . Section 82.105(a) is amended to read:
"Sec . 82.105(a) Location of Containers. Within the limits
established by law restricting the storage of liquefied petroleum
gas for the protection of heavily populated or congested com-
mercial areas , the aggregate capacity of any one installation
shall not exceed 2000 gallons water capacity, except that in par-
ticular installations this capacity limit may be altered at the
discretion of the chief after consideration of special features
such as topographical conditions, nature of occupancy and prox-
imity to buildings , capacity of proposed tanks, degree of private
fire protection to be provided and facilities of the fire depart-
ment. Bulk storage of liquefied petroleum gases is prohibited
in all districts except an M2, 'Industrial District ' in the city
of Huntington Beach. "
17. 56 . 330 Appendix II-C amended--Marinas . Appendix II-C,
Marinas, is amended by amending sections 4 and 5, and adding
section 9 to read as follows :
"4. 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
16.
readily discernible as a piece of firefighting equipment.
"(b ) Piers and wharves shall be provided with fire ap-
paratus 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 4A, 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 Ap2eals . 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. 360 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
17 .
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,
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 license or penalty of the penal provisions applicable
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.
PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular/mete ing thereof held on the 22nd
day of August 1983.
ATTEST:
Mayor
City Clerk
18.
REVIEWED AND APPROVED: APPROVED AS TO FORM:
c
ity Administrator -�,2.Z , City Attorney 7-ZI
AND APPROVED:
ire Chief
19.
Ord. No. 2638
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 1st day of August
adjourn—Ier--
19 83
and was again read to said City Council at a/regular
meeting thereof held on the 22nd day of August 19 83 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 , Kelly, MacAllister
NOES: Councilmen:
None
ABSENT: Councilmen:
Finley, Bailey, Mandic
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
Huntingum Beach and ex•officio Clerk of the City
Coun6, do h&eby certify that a synopsis of this
ordinance -as been published ib the Huntington
reach ,rs�e.,e _'F�:,t c,ra
19.��
In accor!ance .%r(h the City Ch<:rte:of said City.
AUCIA M. WENTW01tTH
..
City Clerk
.............................
Deputy City Clerk