HomeMy WebLinkAboutOrdinance #3020 ORDINANCE NO. 3020
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING
CHAPTER 17.56 THEREOF, AND ADDING 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Code is hereby repealed.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 certain
code and standards known as the Uniform Fire Code, including
Appendices I-A, I-B, I-C, II-A, II-C, II-E, III-A, III-C, IV-A and
VI-A and amendments thereto, published by the Western Fire Chiefs
Association and the International Conference of Building Officials,
being particularly the 1988 edition thereof and the 1989 supplement
to the Uniform Fire Code and the whole thereof, save and except
those portions as are hereinafter modified or amended, of which code
and standards not less than one (1) copy has been and is now filed
in the office of the city clerk, and the same is 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. (Ord. 2865, 12 Nov
86; Ord. 2638, 9/83 ; Ord. 2430 , 7/80; Ord. 2188, 6/77; Ord. 1900,
3/74; Ord. 1414 , 6/68; Ord. 1131, 4/65)
17 . 56 . 020 Definition. Wherever the word "jurisdiction" is
used in the Huntington Beach Fire Code, it shall mean the City of
Huntington Beach. (Ord . 2865, 12 Nov 86; Ord . 2638, 9/83 ; Ord.
2430, 7/80; Ord. 2188, 6/77; Ord. 1414, 6/68; Ord. 1131, 4/65)
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17. 56 , 030 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 provisions of this
code do not apply, or that the true intent and meaning of this code
has been misconstrued or wrongly interpreted, the applicant 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. (Ord. 2865, 12 Nov
86; Ord . 2638, 9/83 ; Ord. 2430, 7/80; Ord. 2188, 6/77; Ord.
1900, 3/74; Ord. 1414, 6/68)
17. 56 . 040 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 opportunity
to be heard, any new materials, processes or occupancies which shall
require permits in addition to those now enumerated in this code.
The Chief of the Fire Prevention Division shall post such list in a
conspicuous place in his office, and distribute copies to interested
persons . (Ord. 2865, 12 Nov 86; Ord. 2638, 9/83; Ord. 2430,
7/80; Ord. 2188, 6/77; Ord. 1900, 3/74 ; Ord. 1414, 6/68)
17 . 56 . 050 Section 3 . 101 amended--Unlawful continuance of a
fire hazard. Section 3 . 101 is amended by hereby adding subsections
(a) , (b) , (c) to read as follows:
a. Uniform Fire Code Section 3 . 101(a) . Except as provided
in Section 3 . 101(b) any person operating or maintaining any
occupancy, premises or vehicle in violation of this code shall be
guilty of an infraction.
b. Section 3 . 101(b) . Any person who shall fail to take
immediate action to abate a Fire or Life Safety Hazard when ordered
or notified to do so by the Chief or his duly authorized
representative or who violates the following sections of this code
or the municipal code shall be guilty of a misdemeanor:
UNIFORM FIRE CODE
3 . 101 Unlawful continuance of a hazard
3 . 102 Compliance with order or notice
3 . 103 Compliance with condemnation tag
3 . 104 Destruction of signs or tags
10 . 102 Interference with Fire Department
10 .201 Tampering with fire equipment
10 .202 Tampering with fire hydrant or appliance
10 .204 Tampering barricades
11 . 103 Discard burning objects
11 . 302 False alarms
77 . 106 Manufacturing of explosives
77 .301 Use and handling
77. 302 Transportation of explosives
HUNTINGTON BEACH MUNICIPAL CODE OIL
15 .20 . 120 Wellhead Safety Equipment
15 . 20 . 130 Blowout Prevention
15 .24 .040 Releasing of Fluids
15 . 28 . 010 Waste Water System
15 .32.020 Production Report-Failure
15 .32 . 030 Production Report-False
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HAZARDOUS MATERIALS
17. 56 . 050 Users of hazardous materials--Disclosure
required.
17. 58 . 110 Identification
17 . 58 . 130 Approved key box and location
C. Each such violation will be deemed a separate offense
for each and every day or portion thereof during which any violation
of any of the provisions of this chapter or of the code adopted
hereby is committed, continued or permitted by such person, firm,
partnership or corporation, and shall be deemed punishable therefor
as provided in this chapter .
17. 56 . 060 Section 10 .207(c) amended--Fire apparatus access
roads . Section 10 .207(c) is amended to read as follows :
The minimum unobstructed width of a fire apparatus access
road shall be 24 feet . Fire access streets, drives or roads
adjacent to building fronts in commercial centers shall not be less
than 27 feet wide. (Ord. 2865, 12 Nov 86; Ord. 2638, 9/83 ; Ord.
2430, 7/80; Ord. 2188, 6/77)
17. 56 . 070 Section 10 . 301 amended--Installation and
maintenance of fire-protection, life-safety systems and appliances .
Subsection (g) is hereby added to Section 10 .301 to read as follows.
This section applies to all Group B, Division 2 office and
Group R, Division 1 Occupancies, each having floors used for human
occupancy located more than 55 feet above or below the lowest level
of fire department vehicle access. Fire, life, and emergency
systems shall conform to UBC Section 1807 and the City of Huntington
Beach Fire Department Specification Number 417 .
17 .56 .080 Section 10 .305 amended--Installation of fixed fire
Protection system. Section 10 .305 is amended by deleting exceptions
from subsection (d) to read as follows :
(d) Standards . Fire extinguishing systems shall comply with
UBC Standards Nos . 38-1 and 38-2, standards of the State Fire
Marshal, and standards of the Huntington Beach Fire Department.
Whenever such standards may conflict, the most restrictive shall
apply. (Ord. 2865, 12 Nov 86)
17 .56 .090 Section 10 .306(b) amended--Automatic fire
extinguishing_ systems . Section 10 .306(b) is amended by deleting
"except Group R, Division 3" from the subtitle and hereby adding
subsection number 5 to read as follows :
(b) All Occupancies Except G�d� /K�/BX�Y�Xd�/a/end
Group M.
5 . Whenever the total gross floor area exceeds 5, 000 square
feet for new construction, additions to existing buildings or change
of occupancy classification or as required below.
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17. 56 . 100 Section 10 . 306(c) amended--Group A. Occupancies .
Section 10 .306(c) numbers 1 and 3 are amended and numbers 6, 7, and
8 are hereby added to read as follows :
(c) Group A Occupancies .
1. Drinking establishments . An automatic sprinkler system
shall be installed in rooms used by the occupants for the
consumption of alcoholic beverages and unseparated accessory uses
where the total area of such unseparated rooms and assembly uses
exceeds 5,000 square feet . For uses to be considered as separated,
the separation shall be not less than as required for a four hour
occupancy separation. The area of other uses shall be included
unless separated by at least a four hour occupancy separation.
3 . Exhibition and display rooms . An automatic sprinkler
system shall be installed in Group A Occupancies which have more
than 5, 000 square feet of floor area which can be used for
exhibition or display purposes .
6 . Other areas . Throughout the building where there is a
stage or enclosed platform.
7 . Throughout the building where a portion of the building
above the first floor is used for drinking and/or dining.
8 . 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 50 or more persons.
17. 56. 110 Section 10 .306(d) amended--Group B, Division 2
Occupancies . Section 10 .306(d) is amended to read as follows :
(d) Group B, Division 2 Occupancies . An automatic sprinkler
system shall be installed in retail sales rooms classed as Group B,
Division 2 Occupancies where the floor area exceeds 5, 000 square
feet gross floor area or in Group B, Division 2 retail sales
occupancies more than three stories in height. The area of
mezzanines shall be included in determining the areas where
sprinklers are required.
17. 56 . 120 Section 10 . 306(i) added--Automatic fire
extinguishing systems--Group R, Division 3 Occupancies . Section
10 .306 amended by hereby adding subsection (i) to read as follows :
(i) Group R, Division 3 Occupancies . An automatic sprinkler
system complying with Huntington Beach Fire Department Standards
shall be installed when the total gross floor area exceeds 5, 000
square feet, or has an occupied floor over three stories, or is over
30 feet in height, as determined by Department of Community
Development.
17. 56 . 130 Section 10 .308 amended--Permissible sprinkler
omissions . Section 10 .308 is amended by adding thereto number 6 to
read as follows :
6 . When the gross square footage of the building is divided
into nonsprinklered units by four (4) hour masonry fire resistive
separation walls, the building will not require sprinklers . The
four-hour masonry walls shall have no openings, shall have parapets
30 inches above the roofline, and extend horizontally to separate
exterior combustible cornices, canopies, etc.
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EXCEPTION: If four-hour masonry walls are not extended
horizontally, a 5 foot distance shall be provided between the
four-hour masonry wall and exterior combustible cornices, canopies,
etc. (Ord. 2865, 12 Nov 86)
17. 56 . 140 Table 10 .309 amended--Standpipe Requirements .
Table 10 .309--Standpipe Requirements and footnotes thereto are
amended to read as follows :
No . 5 under "Occupancy, " Table 10 .309 , is amended as
follows :
"Groups I, H, B, Div. 1, 2 or 3 occupancies and
Group R, Div. 1 occupancies less than four stories
high but greater than 10, 000 square feet per gross
floor area. "
No. 5 under "Sprinklered Building, " "Standpipe
Class, " Table 10 .309, is amended as follows :
delete "No Requirement"
add "Class III"
Footnote No. 7, "Nonsprinklered Building, " is
added to read as follows :
"Open structures to be Class I and II . " (Ord.
2865, 12 Nov 86)
17 . 56 . 150 Section 11 . 114 amended--Offensive smoke and
odors . Section 11, 114 is amended to read as follows :
No material shall be burned, under permit or otherwise,
which shall, in burning, cause or create a dense smoke or odor.
17 . 56 . 160 Section 14 . 104 (d) amended--Fire alarm
systems--Required installations--High-rise office buildings and
Group R, Division 1 Occupancies . Section 14 . 104 (d) is amended
to read as follows :
(d) High-rise Office Buildings and Group R, Division 1
Occupancies . A fire alarm and communication system complying
with the provisions of Section 1807 of the Building Code shall
be installed in:
A. Group B, Division 2 office buildings having floors
used for human occupancy located more than 55 feet above the
lowest level of fire department vehicle access .
B. Group R, Division 1 Occupancies having floors used
for human occupancy located more than 55 feet above the lowest
fire department vehicle access .
17. 56 . 170 Section 77. 201(p) amended--Storage of
explosives . Section 77 .201(p) is amended to read as follows :
(p) When an explosive has deteriorated to an extent
that it is in an unstable or dangerous condition, or if
nitroglycerin leaks from any explosive, then the person in
possession of such explosive shall immediately report the fact
to the chief and, upon his authorization, shall proceed to
destroy such explosives and clean floors stained with
nitroglycerin in accordance with the instructions of the
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manufacturer . Destroying of explosives shall be done under the
direction of Huntington Beach Police Department Personnel, who,
have been trained and authorized by the Chief of Police.
17 . 56 . 180 Section 79 . 109 amended--Tank identification.
Section 79 . 109 is amended by deleting the exception.
17. 56 . 190 Section 79 . 501 amended--Stationary tank
storage, above ground outside of buildings . Section 79 .501 is
amended to read as follows, and by adding thereto the following
exception:
Restricted Locations . The limits referred to herein
prohibiting storage of Class I and II liquids in outside, above
ground tanks are hereby established for all commercial land use
districts as defined in the Huntington Beach Ordinance Code.
EXCEPTIONS:
(a) Bulk plants may exist in M2 industrial districts
only.
(b) Class III liquids may only be stored on properties
with an 0 or 01 suffix.
(c) Class II liquids may be stored temporarily on
construction sites with the approval of the fire chief. (Ord.
2865, 12 Nov 86; Ord . 2638, 9/83 ; Ord . 2430, 7/80; Ord .
2188, 6/77; Ord. 1900, 3/74 ; Ord. 1414, 6/68; Ord. 1131,
4/65)
17. 56 . 200 Section 79 . 601 amended--Tank storage
underground, outside or under buildings . Section 79 .601 is
amended to read as follows :
(a) Location. A flammable or combustible 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 support 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 combustible / flammable liquid tanks in
agricultural districts . (Ord. 2865, 12 Nov 86; Ord. 2638,
9/83; Ord. 2430, 7/80)
17 . 56 . 210 Section 79 . 1103(b) and (e) amended--Location
of well . Subsections (b) and (e) of section 79 . 1103 are hereby
amended to read as follows :
(b) No oil well shall be drilled within 25 feet of any
dedicated public street, highway or nearest rail of a railway
being used as such.
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(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 :
(1) Sprinklers are installed in the structure to
meet the standards and specifications of the city of Huntington
Beach, and
(2) The proposed building has a six foot masonry
wall separating the oil well from the building, and
(3) The proposed building has a noncombustible
roof .
(4) Or an alternate means of fire protection
approved by the fire chief . (Ord. 2865, 12 Nov 86; Ord.
2638, 9/83 ; Ord. 2430, 7/80; Ord. 2188, 6/77)
17 .56 .220 Section 79 . 1104 (b) amended--Discharge upon a
street or water channel . Section 79 . 1104(b) is amended to read
as follows :
(b) Discharge on Ground. Oil, waste oil, refuse or
waste material shall not be permitted on the surface of the
ground.
17. 56 .230 Section 79 . 1105 amended--Sumps . Section
79 . 1105 is amended to read as follows :
The maintenance of any sump or other basin for the
retention of oil or petroleum products in this city is
prohibited. (Ord. 2865, 12 Nov 86; Ord. 2638, 9/83)
17. 56 240 Section 79 . 1113 added--Huntington Beach Oil
Code. Section 79 . 1113 is hereby added to read as follows:
The Huntington Beach Oil Code (Huntington Beach
Municipal Code Title 15) is incorporated herein by reference,
and declared to be part of the Huntington Beach Fire Code as
though set out in full herein. (Ord. 2865, 12 Nov 86; Ord.
2638, 9/83; Ord. 2430, 7/80)
17. 56 .250 Section 79 . 1701 amended--Transportation
Pipelines--Permits . Section 79 . 101 is amended herewith by
adding subsections (a) and (b) to read as follows:
(a) For permits to use or to excavate near a pipeline
used for the transportation of flammable or combustible
liquids, see Section 4 . 101.
(b) Transportation pipelines shall be subject to the
requirements contained in California Government Code Sections
51010 et seq. (California Pipeline Safety Act of 1981) , and
California Health and Safety Cody §13107. 5 as such regulations
now exist and any amendments thereto. (Ord. 2865, 12 Nov 86;
Ord. 2638, 9/83; Ord. 2430, 7/80)
17. 56 .260 Section 81 . 108 added--Aisles . Section 81. 108
is hereby amended by adding subsection (a)4 to read as follows :
Aisles . Aisles shall comply with the requirements for
exits and the following:
1. When mechanical stocking methods are utilized, the
minimum aisle width shall be 8 feet.
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2 . When manual stocking methods are utilized, the
minimum aisle width shall be 44 inches .
3 . During the stocking operation, a minimum exit
width of 44 inches shall be maintained.
4 . When cross aisles are provided the maximum
required width shall be 14 feet.
5 . Aisles shall not have a dead end greater than 20
feet in length.
(Ord. 2865, 12 Nov 86)
17. 56 .270 Adopt Appendix I-A amended--Life safety
requirements for gxisting buildings other than high rise.
Appendix I-A sections l(a) , 2(c) ,
l(a) General . EXCEPTION: Group R, Division 1 less
than seven (7) units, Group R, Division 3; Group M; and high
rise occupancies .
2(c) Corridors . EXCEPTION: Existing corridor walls,
ceilings, and protection for openings not in compliance with
the above may be permitted when such buildings are equipped
with an approved automatic sprinkler system throughout to
comply with the standards and specifications of the Huntington
Beach Fire Department.
17. 56 .280 Appendix II-C amended--Marinas . Appendix
II-C section 1, 5, 6, and 7 are amended to read as follows :
1. General . Plans for marina fire-protection
facilities shall be approved by the chief prior to
installation. The completed work shall be subject to final
inspection and approval after installation. Two (2) sets of
plans shall be submitted to the fire department indicating:
(a) The dock layout.
(b) The location of wet standpipe outlets,
accompanied by pipe schedules and hydraulic calculations .
c Location of fire extinguisher cabinets .
( ) g
5 . Fire-protection equipment . All piers, wharves,
floats with facilities for mooring or servicing five or more
vessels, 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 2-1/2 inch national standard thread with an approved gate
valve. Outlets shall be spaced at two hundred (200) foot
intervals, in approved locations, 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 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.
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(c) The wet standpipe system shall be provided
with a fire department siamese connection which shall be
located within 5 feet of the nearest fire apparatus access
roadway.
6 . Portable fire-protection equipment.
(a) A 4A, 40-B:C 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.
(b) The chief shall designate the type and number
of all other fire appliances to be installed and maintained in
each marina .
7 . Transmission of alarms . A means for transmitting
alarms immediately to the fire department shall be available
pursuant to the standards and specifications of the Huntington
Beach fire department . (Ord. 2865, 12 Nov 86; Ord. 2638,
9/83; Ord. 2430, 7/80; Ord. 2188, 6/77)
17 . 56 . 290 Adopt Appendix II-E amended--Hazardous
Materials Mana-Bement Plan and Hazardous Materials Inventory
Statement . Appendix Section 1 is amended herewith by adding
subsection (a) to read as follows:
Section 1(a) The Huntington Beach Municipal Code,
Chapterl7 .58 is incorporated herein by reference, and declared
to be part of the Huntington Beach Fire Code as though set out
in full herein. The intent of Appendix II-E and Municipal Code
Chapter 17. 58 is deemed to be substantially equivalent in
intent.
SECTION 3 . 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 adjourned meeting thereof on the 20th
day of November , 1989 .
t 1
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney��Vo
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Administrator r Chief
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Ord,, No, 3020
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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 ;s seven;
that the foregoing ordinance was read to said City Council at a regular
meeting therof held on the 6th day of November
19_31_, and was again read to said City Council at a regular
meeting therof hold on the 20th day of November 1989 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
MacAllister, Winchell , Green, Mays, Bannister, Silva, Erskine
NOES: Councilmembers:
None
ABSENT: Councilmembers:
None
I, Connie Eros,;,'v,AY CITY CLERK of the CIV of
�.
B, n,fn-,on B ash and zx-oi o;o Cle of r v City
c:°tiw.t of this
J,`.Cay E`loton City Clerk and ex-offi ci o Clerk
of the City Council of the City
In V iui . of Huntington Beach, California
City Clerk
Q Deputy City Clark
ADOPTION OF 1988 UNIFORM FIRE CODE Attachment I
SUMMARY OF SIGNIFICANT LOCAL REVISIONS
Article 1 & 2 No significant changes.
Article 3 As ammended, reduces penalty from a misdemeanor to
an infraction for all sections of the fire code except
specific listed sections. Conforms to proposed County-
wide enforcement.
Article 4 - 13 No significant changes.
Article 14 New code section that incorporates fire alarm require-
ments from previously adopted Appendix IIIC and Article
10.306.
Article 24 - 36 No significant changes.
Article 45 - 51 No significant changes.
Article 61 - 63 No significant changes.
Article 74 - 78 No significant changes.
Article 79 No significant changes.
Article 80 Provides requirements for the prevention, control, and
mitigation of dangerous conditions related to hazardous
materials. Rewritten in its entirety (see Attachment #2).
Article 81 - 87 No significant changes.
Appendix IA, IB, IC Supports current regulation for life safety requirements
for existing buildings other than high-rise and existing
high-rise.
Appendix IIA, IIC No significant changes.
Appendix IIE Hazardous materials management plan and inventory
statement. Supports current City disclosure regulations
and Article 80.
Appendix IIIA, IIIC, IVA No significant changes.
Appendix VIA Clarifies hazardous materials classification contained in
Article 80.
9887f/2 (10/89)
Attachment 2
IMPLEMENTATION OF 1988- UNIFORM FIRE CODE ARTICLE 80
PREPARED BY: THE ORANGE COUNTY FIRE PREVENTION OFFICERS
HAZARDOUS MATERIALS COMMITTEE
ARTICLE 80 SUSCOMMITTEE
INTRODUCTION
The Uniform Fire Code is developed by the Western Fire Chiefs'
Association and is published by the International Conference of
Building Officials . The provisions of the Uniform Fire Code ( UFC )
and the Uniform Building Code ( UBC ) are intended to correlate to
minimize conflicts in code enforcement . The codes are published at
three year intervals and serve- as national model codes for adoption
by local jurisdictions . The 1988 edition of Article 80 has been
comprehensively expanded to prescribe requirements for the
prevention , control and mitigation of dangerous conditions related
to hazardous materials . The '88 Article 80 has been enlarged from
six pages to sixty pages , ten times the size . The new Article 80
contains detailed requirements for storage and handling of 14 hazard
categories.
IMPLEMENTATION
Article 1 of the Uniform Fire Code , Section 1 .103( b ) states that
"The provisions of this code shall apply to existing conditions as
well as conditions arising after the adoption thereof , except that
conditions legally in existence at the adoption of this code and not
in strict compliance therewith shall be permitted to continue only
if , .in the opinion of the chief..._ they do not constitute a distinct
hazard to life or property . " Therefore , the '88 Article 80 is not
intended for retroactive application , unless a distinct hazard
exists . However , the term "retroactive" should not be confused with
existing requirements that have not been strictly enforced in the
past , i .e . secondary containment .
DISCUSSION
In a draft report dated September 30 , 1988 , the Subcommittee
expressed some concerns regarding the '88 Article 80 . The document
appeared to be overwhelming due to the amount and complexity of the
new requirements . Since that time , the Subcommittee has both
developed and received more positive input regarding the
implementation of Article 80 . The committee still has concerns as
detailed in the September report . For example , drainage, contain-
ment and exhaust requirements for new buildings are very compre-
hensive . Will the additional costs of compliance to new businesses
put them at a competitive disadvantage? Also , there is concern that
the control area concept may be applied too liberally , allowing "H"
occupancies to be designated as a "B-2" .
However , the overall feeling is that the "88 Article 80 will provide
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Attachment 2
the needed critical and necessary guidance and information to more
effectively regulate hazardous materials . Actually in some cases,
the new Article is less restrictive . Section 80.3O1(a )Scope, is the
key element to Article 80. It states that "This division applies to
the storage of hazardous materials in containers , cylinders and
tanks in excess of the exempt amounts specified in Sections 80 .302
through 80 .315 . "
Passage of Health & Safety Co
de , Section 17913 , requires local jurisdictions to enforce the '88
Uniform Building Code effective on January 1 , 1990 . Chapter 9 of
the Uniform Building Code has been modified extensively to correlate
with the '88 Article 80 . Consideration should be given to the
conflicts in occupancy classifications , construction and exempt
amounts that would arise if both codes were not adopted at the same
time .
CONCLUSIONS
Due to the complexity of '88 Article 80 , the Committee recommends
that each department conduct a thorough review of the Article ,
developing a comprehensive assessment of what the department will be
required to enforce . The Committee 's concern that the Article would
be overly restrictive have been allayed by a more thorough
understanding of the Article .
Careless and inappropriate storage , handling and use of hazardous
materials is a definite problem that exists in our communities now!
The Committee feels that the best tool to unlock mysteries of
hazardous materials regulation is the '88 Article 80 . It is in the
best interest of all fire departments ' to subscribe to the most
current and up-to-date regulations and industry standards to ensure
the highest levels of fire/life safety in our communities!
Please note that Article 80 should be adopted with Appendix VI-A.
This article provides information , explanation and examples to
illustrate and clarify hazard categories contained in Division II
of Article 80 .
Appendix II-E , should be considered for adoption with amendments .
There could be wording declaring that Chapter 6 .95 of the Health &
Safety Code and Appendix II-E are substantially equivalent . Where
the regulations conflict the most restrictive shall apply . Appendix
II-E , 3( a ) should be changed to read , "Any person, firm or
corporation applying for a permit to store hazardous materials , when
rewired shall submit an HMMP standard form or short form in
accordance with this section . . . . . "
The amendments would not require application of Appendix II-E ,
unless the agency determined that it was necessary .
Also , the substantial equivalency provision may allow you to issue
citations under the fire code , for enforcement of Chapter 6.95
violations . The fines may not be as big , but the resolution may be
more expeditious .
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