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ORDINANCE 1298ORDINANCE NO. 1298 AN ORDINANCE OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION, INCLUDING APPENDICES I -A, I- B, I -C, II-A, II -B, II -E, A- II -E -1, II -F, II -I, II -J, III -A, III -B, III -C, III -D, IV -A, IV-13 V -A, VI -A, VI -B, VI- I, AND VI -F THEREOF; ADOPTING THE NATIONAL FIRE CODES, 1999 EDITION, VOLUMES 1 -13; REPEALING IN ITS ENTIRETY CHAPTER 17.04 OF, AND ADDING CHAPTER 17.04 TO THE EL SEGUNDO MUNICIPAL CODE, WHICH CHAPTER RELATES TO THE FIRE CODE. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION I. Chapter 17.04 of the El Segundo Municipal Code is repealed in its entirety. SECTION II. Chapter 17.04 is added to the El Segundo Municipal Code to read as follows: CHAPTER 17.04 FIRE CODE 17.04.010. ADOPTION OF UNIFORM FIRE CODE. The Uniform Fire Code, 1997 Edition, including Appendices I -A, I- B, I -C, II -A, II -B, II -E, A- II -E -1, II -F, II -I, II -J, III -A, III - B, III -C, III -D, IV -A, IV -B, V -A, VI -A, VI -C, AND VI -F promulgated and published by the International Fire Code Institute, Western Fire Chiefs Association, and the International Conference of Building Officials, a copy of which has been filed in the Office of the City Clerk, is hereby adopted with the same force and effect as though set out herein in full. 17.04.020. AMENDMENTS AND ADDITIONS TO THE CODE. The Uniform Fire Code, 1997 Edition, and the Appendices portion thereof, is amended by changing, adding or deleting the articles, sections and portions of sections designated in Sections 17.04.030 through 17.04.210 hereof. 17.04.030 Section 103.1.4 Appeals. Section 103.1.4 is amended by adding to and deleting portion thereof, to read as follows: ORDINANCE NO. 1298 ADOPTING UNIFORM FIRE CODE 1997 EDITION PAGE NO. 1 "103.1.4 Appeals. To determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is created a board of appeals consisting of five members composed of the Mayor and the other members of the City Council. Said members shall hold their respective memberships on said board of appeals by reason of, and concurrently with their terms of service as Council members and shall cease to be such members upon their ceasing to be such Council members. The Fire Chief shall be Secretary to the Board. The board may adopt reasonable rules and regulations for conducting its investigations and shall render all its decisions and findings on contested matters in writing to the Fire Chief, with duplicate copy thereof to any appellant or contestant affected by such decision or finding, and may recommend to the City Council such new legislation, if any, as is consistent therewith. Three members of the board shall constitute a quorum. The Mayor shall be the presiding officer of the board and in his /her absence the Mayor Pro Tern shall serve as chairperson. Except as otherwise provided by law, the proceedings of the board shall ordinarily be conducted according to Roberts' Rules of Order; provided, however, that a failure to observe or enforce such rules shall in no manner affect the regularity, validity or legality of any action or proceeding taken by the board, and the board, in its discretion and in accordance with its right to govern its own proceedings, does hereby reserve the right to proceed at any time otherwise than as prescribed or indicated in Roberts' Rules of Order. Notices of meetings of the board shall be given by at least 72 hours notice, delivered to each member personally or by registered mail; provided, however, that any meeting of the board shall be legal for the purpose if the written consent of all of the members of the board to such meeting is executed and filed in the records of the board. The board shall have the right, subject to such limits as the City Council may prescribe by resolution, to employ at the cost and expense of the City such qualified individuals as the board, in its direction, may deem reasonably necessary in order to assist in its investigations and in making its final decisions." 17.04.040 Section 103.4 Enforcement. Section 103.4 is amended by adding subsection 103.4.7, to read as follows: "103.4.7 Any person who personally, or through another, willfully, negligently, or in violation of law, sets a fire, allows a fire to be set, or allows a fire kindled or attended by him /her to escape from his /her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with this Code or nationally recognized Standards, allows any hazardous material to escape from his /her control, neglects to properly comply with any written notice of the Chief, or willfully or negligently allows the continuation of a violation of this Code and amendments thereto, is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person." 17.04.050 Section 104.2. Investigations. Section 104.2 is amended to read as follows: ORDINANCE NO. 1298 ADOPTING UNIFORM FIRE CODE 1997 EDITION PAGE NO. 2 "104.2 1 Investigations. The Fire Department is authorized to investigate promptly the cause, origin and circumstances of each and every fire occurring in the jurisdiction involving loss of life or injury to person or destruction or damage to property and, if it appears to the bureau of investigation that such fire is of suspicious origin, they are authorized to take immediate charge of all physical evidence relating to the cause of the fire and are authorized to pursue the investigation to its conclusion. The Fire Chief is authorized to investigate the cause, origin and circumstances of unauthorized release of hazardous materials. When there is a hazardous materials incident or other potential life or serious property threatening situation, the Fire Chief, as he or she deems necessary, shall investigate, request assistance from other public agencies, request reports from qualified investigators from the industry involved or require the owner or operator to hire a private fire protection or hazardous materials investigator, at the expense of the owner or operator, to provide a full report of the incident, including but not limited to such items as cause, origin, circumstances and /or proposed solution to the problem. The Police Department is authorized to assist the Fire Department in its investigations when requested to do so." 17.04.060 Article 2 - Definitions and Abbreviations. Section 209 -H. Section 209 -H of Article 2 is amended by adding a new definition, to read as follows: "HIGH RISE STRUCTURE means every building of any type of construction or occupancy with floors used for human occupancy located more than 55 feet above the lowest level having Fire Department access, except buildings used as hospitals as defined in Section 1250 of the California Health and Safety Code." 17.04.070 Section 901.4.2. Fire Apparatus Access Road. Section 901.4.2. is amended by adding subsection 901.4.2.1 thereto, to read as follows: "901.4.2.1 It shall be unlawful for any person to park, stand or stop any vehicle or to permit any obstruction of any kind or nature in the required access roadways. The property owner or lessee of said property shall paint the curbs red and post "FIRE LANE - NO STOPPING AT ANY TIME - ESMC SEC 17.04," indicating that "stopping of vehicles is prohibited" and that at the direction of the Police Chief they will be towed away at the owners expense." 17.04.080 Section 901.4.4 Premises Identification Section 901.4.4. is amended by adding subsections 901.4.4.1 and 901.4.4.2, to read as follows: "901.4.4.1: Premises identification shall be in accordance with the U.B.C. Residential building numbers shall be no less than 4 inches in height with no less than 3/8 inch stroke. Commercial and industrial building numbers shall be no less than 6 inches in height, 3/4 inch stroke within 100 feet of the street, 8 inches in height with a 1 inch stroke if over 100 feet. ORDINANCE NO. 1298 ADOPTING UNIFORM FIRE CODE 1997 EDITION PAGE NO. 3 901.4.4.2. Buildings set back over 100 feet from the street shall have their addresses posted at the street with an arrow indicating access as well as the address posted on or next to the building. Large buildings and complexes require a directory map at a location determined by the Fire Chief. Plans for such shall be approved by the Fire Department prior to installation." 17.04.090 Section 903.4.2 Required Installations. Section 903.4.2 is amended to read as follows: "903.4.2 Required installations. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on the site of the premises or both to be protected as required and approved by the Fire Chief. See Appendix III -B. No more than one on -site fire hydrant shall be installed on a dead end main. Where fire sprinklers are not otherwise required, the Fire Chief may accept or require fire sprinkler protection in lieu of the above on -site hydrants and mains. Fire hydrants shall be accessible to the Fire Department apparatus by roads meeting the requirements of Section 902.2." 17.04.100 Section 1003.3.2. Alarms. Section 1003.3.2. is amended by adding a portion thereto, to read as follows: "1003.3.2. Alarms. An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. If the building is equipped with an evacuation alarm system, a water flow alarm shall activate the evacuation signal. Actuation of the alarm shall be as set forth in the Building Code. (See UBC Standard 9 -1)" 17.04.110 Article 11 - GENERAL SAFETY PRECAUTIONS. Section 1101- GENERAL Section 1101 of Article 11 is amended by adding subsection 1101 A, to read as follows: "1101.4. Fire Safety Officers. When, in the opinion of the Fire Chief, it is necessary for the preservation of life or property, due to the hazardous nature of an event, production, operation or function, the Fire Chief shall require the owner, agent, or lessee to employ or cause the employment of one or more fire safety officers, to be on duty at such place during the hazardous activity. See also Section 2501.19." 17.04.120 Section 1302.2 Reporting of Emergencies. Section 1302.2 is amended, to read as follows: "1302.2. Reporting Emergencies. In the event a fire occurs or the discovery of a fire, smoke or unauthorized release of flammable or hazardous materials on any property occurs, the owner or occupant shall immediately report such condition to the El Segundo Fire Department." 17.04.130 Article 77 - EXPLOSIVE MATERIALS. Subsection 7701.7.2 Units established by law. Subsection 7701.7.2 is hereby amended, to read as follows: ORDINANCE NO. 1298 ADOPTING UNIFORM FIRE CODE 1997 EDITION PAGE NO.4 "7701.7.2 Limits established by law. Storage of explosive materials is prohibited within the limits established by law as the limits of districts in which such storage is prohibited (see sample adoption ordinance, Section 6). The limits of districts referred to above, are hereby established as follows: In all land use zones within the City as described in Title 20 (The Zoning Code) of the "El Segundo Municipal Code" except by special permit granted by the Fire Chief." 17.04.140 Article 79 - FLAMMABLE AND COMBUSTIBLE LIQUIDS. Subsection 7902.2.2.1 Locations where aboveground tanks are prohibited. Subsection 7902.2.2.1 is hereby amended, to read as follows: "7902.2.2.1 Locations where aboveground tanks are prohibited. Storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited (See sample adoption ordinance, Section 4). The limits of districts referred to above, are hereby established as follows: In all land use zones as described in Title 20 (The Zoning Code) of the "El Segundo Municipal Code" except M -2 zoned areas. Exception: The Fire Chief may approve storage in M -1, CO, MU, C3 zoned areas. The limits of districts within the City in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: All of the City." 17.04.150 Article 82 - LIQUIFIED PETROLEUM GASES. Subsection 8204.2 Maximum Capacity within Established Units. Subsection 8204.2 is hereby amended, to read as follows: "Section 8204.2 Maximum Capacity within Established Limits. Within the limits established by law restricting the storage of LP -gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed a 2,000 - gallon (7571 L) water capacity (see sample adoption ordinance, Section 5). The limits of districts referred to above, are hereby established as follows: In all land use zones within the City as described in Title 20 (The Zoning Code) of the "El Segundo Municipal Code" except M -2 zone areas." 17.04.160 Deleted. 17.04.170 Section 8001.4.5.2 Aboveground Tanks. Section 8001.4.5.2 is amended to read as follows: "8001.4.5.2 Aboveground Tanks. Aboveground stationary tanks used for the storage of hazardous materials shall be located and protected in accordance with the requirements for outdoor storage of the particular material involved and shall be marked as required by Section 8001.7. ORDINANCE NO. 1298 ADOPTING UNIFORM FIRE CODE 1997 EDITION PAGE NO. 5 Tank vehicles and railroad tank cars shall not be used as aboveground storage tanks. Loading and unloading operations shall be in accordance with Section 8004 Use, Dispensing and Handling, unless specifically exempted by the Fire Chief." 17.04.180. Section 9001.3 Recognized Standards. Section 9001.3 is amended to read as follows: "9001.3 Recognized Standards. The standards listed in Section 9003 are recognized standards. Compliance with these recognized standards shall be prima facie evidence of compliance with the standard of duty set forth in Section 9001.2. Whenever portions of this Code are not applicable for any reason or to any situation involving the protection of persons and property from hazardous material, fire or explosions, (as determined by the Fire Chief) the materials, methods of construction, installations, practices, or operations necessary to provide such protection shall, to a reasonable degree, be in accordance with nationally recognized and accepted standards, principles and tests and generally recognized and well established methods of fire protection and control, as set forth in the National Fire Codes and the following Standards. The National Fire Codes, 1999 Edition, Volumes 1 through 13, published by the National Fire Protection Association, a national authority and technical and scientific organization, are adopted by reference as part of this Code and may be applied with the same force and effect as though set out herein in full. Where conflict exists between the Uniform Fire Code, Uniform Building Code, Uniform Fire Code Standards or Uniform Building Code Standards and the National Fire Codes, the applicable Uniform Code section will take precedence over the National Fire Codes. In no case shall a less restrictive requirement of the National Fire Codes apply if there is a specific requirement in a Uniform Code or Codes." 17.04.190 Appendix 111 -C. Section 1 General. Section 1 of Appendix 111 -C is amended to read as follows: 1. General. The tests established by Appendix III -C shall be conducted by a qualified person who has been licensed by the California State Fire Marshal, to perform the full testing procedure for the particular system or device being tested. The Fire Chief may waive or modify test procedures described herein when there are conflicts with the requirements of Title 19, Subchapter 5 of the California Code of Regulations." 17.04.200 Appendix IV -B - CHRISTMAS TREES. Section 4 - Tags. Section 4 is amended to read as follows: "Section 4 - TAGS. Trees shall bear a tag complying with the California State Fire Marshal requirements, and stating date of placement in the public building, type of flame- retardant treatment used, name of the person who applied the flame retardant and the name of the person affixing the tag." ORDINANCE NO. 1298 ADOPTING UNIFORM FIRE CODE 1997 EDITION PAGE NO. 6 SECTON III. Section 17.04.210 is added to Chapter 17.04 of the El Segundo Municipal Code to read as follows: "17.04.210 Penalties. Any person who violates any of the provisions of this Code hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed herein, shall for each and every violation and noncompliance respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and the person or persons responsible shall be required to correct or remedy the violation or defects within a reasonable time; and when not otherwise specified, each and every day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal or abatement of prohibited conditions." SECTION IV. All changes and modifications in the Uniform Fire Code, 1997 Edition, as amended by this ordinance, are reasonably necessary because of local conditions. This finding is made pursuant to Section 17958.5 of the Health and Safety Code of the State of California. SECTION V. The City Council of the City of El Segundo hereby declares that should any section, paragraph, sentence, phrase or word of this ordinance be declared invalid, all other portions of this ordinance independent of the elimination herefrom shall remain in full effect. SECTION VI. This ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. SECTION VII. The City Clerk shall certify to the passage and adoption of this Ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted; and shall post or publish this ordinance in accordance with law. ORDINANCE NO. 1298 ADOPTING UNIFORM FIRE CODE 1997 EDITION PAGE NO. 7 PASSED, APPROVED AND ADOPTED this 6th day of April, 1999, r` { � n Mike Gordon, Mayor ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing Ordinance No. 1 29R was duly introduced by said City Council at a regular meeting held on the 16th day of March, 1999, and duly passed and adopted by said City Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a regular meeting of said Council held on the 6th day of April, 1999, and the same was so passed and adopted by the following vote: AYES: Gordon, Jacobs, McDowell, Gaines, Wernick NOES: None ABSENT: None ABSTAIN: None Cindy Mortesen, City Clerk APPROVED AS TO F RIM: Mark D. Hensley, City Attorney ` ORDINANCE NO. 1298 ADOPTING UNIFORM FIRE CODE 1997 EDITION PAGE NO. 8