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HomeMy WebLinkAboutOrd 0879ORDINANCE NO. 879 AN ORDINANCE ADOPTING BY REFERENCE THE FIRE PREVENTION CODE, 1965 EDITION (REVISED OCTOBER 1966) RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION AND AMENDING, REPEAL- ING OR ADDING CERTAIN SECTIONS OF CHAPTER 17.04 (FIRE PREVENTION CODE) OF THE The City Council of the City of Burlingame does ordain as follows: Section 1: §17.04.010 of the Municipal Code is amended to read as follows: 117.04.010 - Adoption of Text of Fire Prevention Code: There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, successor to the National Board of Fire Underwriters, being particularly the 1965 edition thereof, and the whole thereof, together with Appen- dices A. B and C thereto, and the October, 1966, revision of Division VI of Article 16, save and except such portions as are hereinafter in this chapter deleted, modified or amended, and save and except further Appendix D thereto, and the same is hereby in- corporated in this chapter and in the Municipal Code of the City of Burlingame as fully as if set out at length therein, and from the date on which this chapter shall take effect, the provisions (thereof shall be controlling within the city limits of the City of Burlingame.V1 Section 2: Sub -paragraph b. of §17,04.020 of the Muni- cipal Code is amended to read as follows: "b. The Fire Prevention Chief, who shall be appointed lin accordance with tPe provisions of the Burlingame Municipal Code -1- relating to the appointment of employees in the classified se shall be in direct charge of the Fire Prevention Bureau." Section 3: 517.04.060 of the Municipal Code is amended by deleting therefrom the numbers 111..13" and by substituting for the numbers so deleted, the numbers '11.1211. repealed. Section 4: §17.04.070 of the Municipal Code is hereby Section 5: §17.04.080 of the Municipal Code is amended by deleting therefrom the numbers "1.17" and by substituting for the numbers so deleted, the numbers '71.1411. Section 6: §17.04.100 of the Municipal Code is amended to read as follows: ""§17.04.100 - Deletion of §§9.1 - 9,18: §9.1 to and in- cluding §9.18 inclusive, comprising Article 9 of the Fire Preven- tion Code, shall not be a part of this chapter." Section 7: §17.04.110 of the Municipal Code is amended by deleting therefrom the numbers "°101" and 1110.05", and by substi- tuting for the numbers so deleted, the numbers 1111" and '°11,5'°, respectively. Section 8: §17.04.120 of the Municipal Code is amended by deleting the numbers 1111.02" and by substituting for the numbers so deleted, the numbers 1112.319. Sub -paragraph C. of §12.3 is amended to read as follows: 1°C. Permits required by §12.3A 1 (a) shall not be issued for the possession of: (1) Liquid nitroglycerine. (2) Dynamite (except gelatin dynamite) containing over sixty percent of liquid explosive ingredient. (3) Dynamite having an unsatisfactory absorbent or one that permits leakage of a liquid explosive ingre- dient under any conditions liable to exist during storage. 34A (4) Nitrocellulose in a dry and uncompressed condition in quantity greater than ten pounds net weight in one package. (5) Fulminate of mercury in bulk in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden. (6) Explosive compositions that ignite spontaneously or undergo marked decomposition rendering the products or their use more hazardous when subjected for forty-eight consecutive hours or less to a temper- ature of one hundred and sixty-seven degrees Fahren heit. (7) New explosives until approved by the Interstate Commerce Commission, except that permits may be issued to educational, governmental or industrial laboratories for instructional or research purposes (8) Explosives condemned by the Interstate Commerce Commission. (9) Explosives not packed or marked in accordance with the requirements of the Interstate Commerce Com- mission. (10) Explosives containing an ammonium salt and a chlorate.''? Section 9: §17.04.030 of the 1,bnicipal Code is amended by deleting the numbers "11.0317 andby substituting for the number so deleted, the numbers 112.4°1 and by further deleting the number and letters 1111.02A2(a)`° and by substituting for the numbers and letters so further deleted, the numbers and letters '712.3A2(a)P°. Section 10: §17.04.140 of the 1,bnicipal Code is by deleting the numbers f112.0111 and by substituting for the numbers so deleted, the numbers "13.1". -2a- Section 11: §17.04.150 of the Municipal Code is amended by deleting the numbers 4112.0211 and by substituting for the numbers so deleted, the numbers '113.2i0. Section 12: §17.04.160 of the Municipal Code is amended by deleting the numbers 1112.0311 and by substituting for the numbers so deleted, the numbers 1113.31`. Section 13: §17.04.170 of the Municipal Code is amended by deleting the numbers '112.04i1 and by substituting for the numbers so deleted, the numbers "13.4". Section 14: §17.04,180 of the Municipal Code is amended by deleting the numbers '112" and 1112.05" and by substituting for the numbers so deleted, the numbers f113" and "13.5", respectively. Section 15: §17.04.190 of the Municipal Code is amended to read as follows: 9117.04.190 - Amendment of §14.1 - Scope: Section 14.1 of the Fire Prevention Code is amended to read as follows: Section 14.1 - Scope: This article shall apply to new and existing conditions except that §14.4 shall not apply where equivalent or more stringent legal requirements are enforced by the building or other municipal departments, and §14.6 shall apply only to new conditions." Section 16: §17.04.200 of the Municipal Code is amended to read as follows: '117.04.200 - Amendment of §14.2 - Survey of Premises and Specification of Equipment: Section 14.2 of the Fire Prevention Code is amended by adding the following paragraphs: All fire extinguishing systems and fire alarm systems are to be installed in accordance with nationally re- cognized good practice and shall be approved by the Bureau of Fire Prevention. -3- All fire extinguishing appliances shall be located in an accessible and conspicuous place approved by the Bureau of Fire Prevention." Section 17: 9 17.04.210 of the Municipal Code shall read as follows: "17.04.210 - Amendment of $ 14.4a. - Sprinklers Required in Basements: 8 14.4a of the Fire Prevention Code is hereby deleted. Section 18: 1 17.04.220 of the Municipal Code is amended to read as follows: "17.04.220 - Amendment of 1 14.5 - Fire Extinguishers: Section 14.5 of the Fire Prevention Code is amended to read as follows: Section 14.5 - Fire Extinguishers: All fire extinguishers must be of a type approved by a nationally recognized testing laboratory. Installation of such fire extinguishers is to conform to the standards of the National Fire Protection Association. am Maintenance of fire extinguishers is to be in accordance with the regulation of the State Fire Marshal as set forth in Sub -chapter 3 of Chapter 1 of Title 19 of the California Administrative Code, Sections 550 to 621.°" Section 19: §17.04.230 of the Municipal Code is amended by deleting the numbers 1113.06'' and by substituting for the numbers so deleted, the numbers V14.611 and by further deleting the letters and numbers "DI 4-190011 and by substituting for the letters and numbers so further deleted, the numbers'347-1231". Section 20: §17.04.240 of the Municipal Code is amended by deleting the numbers 1114.22" and by substituting for the numbers so deleted, the numbers 1115.2311, and by further deleting the words "Chief of the Fire Department" and by substituting for the words so deleted, the words "Bureau of Fire Prevention". Section 21: §17.04,250 of the Municipal Code is amended by deleting the numbers Y°15.10311 and by substituting for the numbers so deleted, the numbers 1116.13". Sub -paragraph h, of said §17.04.250 is amended to read as follows: '1h. All applications for permits for the construction of pumping or gravity -type oil burning systems and installa- tion systems of Class I, II and III liquids shall be accompanied by a ten dollar inspection fee for the first storage tank and a five dollar inspection fee for each additional storage tank. No fee shall be charged of the United States, the State of California, or any political sub -division thereof or of any municipal corporation, but an application must be filed in all cases." Section 22: §17.04.260 of the Municipal Code is amended to read as follows: C6S "§17.04.260 - Amendment of $16.15 - Container Size and Construction: §16.15 of the Fire Prevention Code is amended to read as follows: §16.15 - Container Size and Construction: a. A container shall not exceed 60 gallons individual capacity and shall be made of metal except that: 1. No person shall keep, offer for sale, sell or deli- ver any Class I A or I B flammable liquids in glass containers. 2. No person shall keep, offer for sale, sell or deli- ver more than thirty-two ounces of any Class I C or II flammable liquid in any single glass container. 3. No person shall dispense Class I C or II flammable liquids in quantities in excess of thirty-two ounces, except in metal containers fitted with an air -tight, tight -fitting replaceable top cap or other device. This section shall not apply to individual glass con- tainers of one gallon capacity or less in which food, drugs or medicines are packaged, except that when the capacity of such containers exceeds eight ounces, suitable protection to prevent breakage shall be pro- vided. Nor shall this section apply to flammable and combustible liquids which are contaminated by metal containers, when it is found by the Bureau of Fire Prevention that contamination will result." Section 23: §17.04.270 of the Municipal Code is repealed Section 24: §16.23 of the Fire Prevention Code is amend- ed in the following respects: (1) The section heading of §16.23 of the Fire Prevention Code is amended to read: "§17.04.280 - Amendment of §16.23 - Installation of Underground Tanks", (2) Sub -paragraph a, of §16.23 is amended to read as follows: `Va. Location: A flammable 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 building 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 Class III liquid tothe nearest wall of any basement, pit, cellar, or property line shall be not less than two feet. The dis- tance from any part of a tank storing Class I or II liquids to the nearest wall of any basement, pit, or cellar shall be not less than two feet, and from any property line that may be built upon, not less than three feet." (3) Sub -paragraph b. of §16.23 is amended to read as follows: "b. Depth and Cover: Excavation for underground stor- age tanks shall be made with due care to avoid under- mining of foundations of existing structures. Under- ground tanks shall be set on firm foundations and surrounded with sand well tamped in place. Tanks shall be covered with not less than one foot of earth on top of which shall be placed a slab of reinforced concrete not less than six inches thick. Top of tank shall be below the level of any piping to which the tank may be connec- ted. When underground tanks are or are likely to be sub- ject to traffic, they shall be protected against damage -7- from vehicles passing over them by at least three feet of earth cover, or eighteen inches of well tamped earth, plus six inches of reinforced concrete or eight inches of asphaltic concrete. When asphaltic or reinforced con- crete paving is used as part of the protection, it shall extend at least one foot horizontally beyond the out- line of the tank in all directions.71 (4) Sub -paragraph f. of §16,23 is amended by adding the following sentence: ''All tanks shall be separately vented." (5) Sub -paragraph g.(4) of §16.23 is amended to read as follows: X1(4) For Class I B and I C liquids other than crude oils, alcohols, gasolines and asphalts, the fill pipe shall be designed and installed so as to minimize the possibility of generating static electricity by terminat- ing within six inches of the bottom of the tank." Section 25: §17.04.290 is amended by adding sub -section 29 to Article 16 of the Fire Prevention Code, and as amended §17.04.290 shall read as follows: 1117 04 290 - Section 16.29 Added - Anchorage: §16.29 - Anchorage: Where a tank may become buoyant due to a rise in thelevel of the water table or due to location in an area that may be subjected to flooding, suitable precautions shall be observed to anchor the tank in place." Section 26: §17.04.300 is amended by adding sub -section 30 to Article 16 or the Fire Prevention Code, and ss amended §17.04.300 shall read as follows: 11§17.04.300 - Section 16.30 Added - General Storage: §16.30 - General Storage: 1. In retail commercial dis- tricts (C-1), service business districts (C-2), professional busi- ness districts (C-3), light industrial districts (M-1), and heavy industrial districts (1.1-2), as such districts are defined in Title 25 of the Burlingame Ordinance Code or in any other district, other than a residential district, which may be established here- after, all Class I. II and III liquids shall be stored at least two feet from any building. Restricted Locations: No above -ground storage of Class and II flammable liquids or Class III combustible liquids shall be allowed within the limits of Fire Gone I or III. No one tank shall contain more than twenty thousand gal- lons with an aggregate of sixty thousand gallons. The City Council may, upon application for a permit therefor, and with the recommendation of the Chief of the Fire Department, grant permission to store and keep Class I, II and III liquids in excess of the aggregate amounts of sixty thousand gal- lons. When two or more tanks are installed they shall be sep- arated by three feet. No tank shall be connected to another so the liquid can freely flow from one into another. 2. In first residential districts (R-1), second resi- dential districts (R-2), third residential districts (multi- family) (R-3), and fourth residential districts (multi -family) (R-4), all Class I, II and III liquids shall be stored at least two feet from any building. In any such residential district, a single storage tank of a capacity not to exceed five hundred and fifty gallons may be installed; provided, that on any premises where any person is lawfully engaged in a commercial enterprise, a single tank having a capacity of not to exceed one thousand gallon: may be installed. Any such tank shall be at least two feet from any building or structure or part thereof and be covered with at least two feet of earth. Section 27: §17.04.310 - Amendment of §§16.65 e, and f. sion. October 1966. Division V1 Stations Automatic Dispensing Devices: §16.65 e, of the Fire Prevention Code is amended to read as follows: "e. Automatic Dispensing Devices: The installation and use of coin-operated dispensing chvices for Class I flammable liquids is prohibited. Class I flammable liquids shall be deli- vered and dispensed from dispensing devices only by the owner or person entitled to possession or by his employees, or authorized representatives; and when unattended, all pump and other facili- ties for the delivering of Class I flammable liquids shall be locked or other effective precautions taken to prevent public access to flammable liquids. The use of any device which permits the dispensing of Class I flammable liquids when the hand of the operator of the discharging nozzle is removed from the nozzle con- trol lever is hereby forbidden except when using an automatic nozzle as provided in §16.65 e. 1. 1. Automatic hose nozzle valves with latch open devices: In lieu of being held open by hand, an approved auto - uratic nozzle may be used for dispensing Class I flammable liquids into the fuel tank of a vehicle. Such a nozzle shall have the latch -open device as an integral part of the assembly and shall shut off the liquid reliably and positively when the gasoline tank is filled, when it falls from the filling neck of an automobile tank, when it is subject to rough usage such as dropping or lack of proper lubrication, or when an automobile is driven away while -10- the nozzle is still in the tank. A competent attendant shall be in the immediate vicinity of the vehicle being filled by such an approved nozzle. No approved automatic nozzle shall be attached to or a part of any such dispensing devices or used without a written permit from the Bureau of Fire Prevention. Section 16.65 f, of the Fire Prevention Code shall not be a part of this Municipal Code. Section 28: §17.04.315 - Correction: Reference to §16.66 b., NFPA No. 70, National Electrical Code, 1962 Edition, on page 223 of the Fire Prevention Code, is corrected to refer to §16.67 b, of the same publication. Section 29: §17.04.320 of the Municipal Code is amended to read as follows: "§17.04.320 - Amendment §16.69 - Waste and Rubbish Con- tainers in Service Stations: §16.69 of the Fire Prevention Code is amended by adding the following paragraph: All waste and rubbish in any service station shall be kept in metal receptacles with tight fitting covers." Section 30: §17.04.330 of the Municipal Code is amended to read as follows: "§17.04.330 - Amendment of §16.71 - Fire Control; §16.71 of the Fire Prevention Code is amended by adding the following paragraph: -11- The use of flammable liquids having a flash point below one hundred degrees Fahrenheit for removing grease, dirt or oil is prohibited." Section 31: §17.04.340 of the Municipal Code is amended to read as follows: "°§17.04.340 - Amendment of §16.1015 - Parking and Garaging: §16.1015 of the Fire Prevention Code is amended by add- ing sub -section d. which shall read as follows: d. Flammable liquids shall not be discharged from any tank vehicle while it is parked on a public street with- out a permit from the Bureau of Fire Prevention. At no time shall a tank vehicle enter a building in order to discharge flammable liquids." Section 32: §17.04.350 of the Municipal Code is amended to read as follows: 11517.04.350 - Addition of §19.5 - Article 19 of the Fire Prevention Code is amended by adding Section 19.5 to read as follows: 'Section 19.5 - Safety Rules - No open flame or stove fire shall be allowed in any room where motor vehicle tanks or other containers are being filled with gsoline. All waste and rubbish shall be kept in metal receptacles which shall be tightly covered except when being filled or emptied. No artificial lights other than electric lights shall be used for illuminating purposes in any garage.' " Section 33: §17.04.360 of the Municipal Code is repealed Section 34: §17.04.370 of the Municipal Code is repealed Section 35: §17.04.380 of the Municipal Code is amended to read as follows: -12- s1§17.04.380 - Addition of 420.14 - Acid Storage: Arti- cle 20 of the Fire Prevention Code is amended by adding §20.14 to read as follows: '§20.14 - Acid Storage: a. Not more than one carboy of nitric, muriatic or sul- phuric acid or a like acid, shall be kept or stored in any one place in the city unless the same be kept in a fire -proof storage room of one-hour fire resistant con- struction, as defined by Title 18 of the Burlingame Ordinance Code. The floor of such storage room shall be of concrete, and sump shall be constructed at the lowest point thereon capable of containing at least two carboys of acid. There shall be a sill constructed of brick or concrete rising not less than nine inches from the floor. On the outside of each wall and door of the storage room there shall be a sign reading, "Acid Storage" in letters not less than three inches in height. All acid storage rooms shall be vented to outside air. b. All acids mentioned in this section may be stored in an open lot or yard, provided that such lot or yard is en closed by a fence. Signs reading "Acid Storage" in letters not less than three inches in height shall be attached to such fence.' " Section 36: §17.04.390 of the Municipal Code is repealed Section 37: §17.04.400 of the Municipal Code is amended by deleting the numbers 120.02" and by substituting for the numbers so deleted, the numbers "22.2". Section 38: §17.04,410 of the Municipal Code is repeale i028.111. Section 39: §17.04.420 of the Municipal Code is amended by deleting the numbers "26.0180 and by substituting for the numbers so deleted, the numbers i028.111. -13- Section 40: §17.04.430 of the Municipal Code is amended by deleting the numbers 1126.0311 and by substituting for the numbers so deleted, the numbers "28.4'°. Section 41: §17.04.440 of the Municipal Code is amended by deleting the numbers f126.0611 and by substituting for the numbers so deleted, the numbers 1128.7 i''. Section 42: §17.04.450 of the Municipal Code is amended toread as follows: - "§17.04.450 - Amendment of §28.8 - Storage of Readily Combustible Materials: §28.8(b) of the Fire Prevention Code is amended to read as follows: b, Storage Requirements: No packing cases, boxes, barrels, wood pallets, wood spools, construction mater- ials or similar combustible materials shall be piled or stored on or in any premises in the city near heating pipes, stoves, furnaces or similar appliances, or in any place or manner that is not deemed safe to life and property. Storage in buildings shall be orderly, shall not be with- in two feet of the ceiling, and not so located as to en- danger exit from the building. Storage in the open shall not be more than fifteen feet in height, shall be so located, with respect to adjacent building, as not to con stitute a hazard, and shall be compact and orderly." Section 43: §17.04.460 of the Municipal Code is amended to read as follows: "§17.04.460 - Addition of §28.15 - Sprinkler Head in Refuse Chutes: Article 28 of the Fire Prevention Code is amended by adding §28.15 to read as follows: §28.15 - Refuse Chute - Sprinkler Head: -14- All refuse or garbage chutes in or on any building shall be equipped with approved automatic sprinkler heads that are to be installed at the top of the chute and in the terminal room or area, Accessibility is to be provided for replacement of the heads and their shut-off valves that are to be located outside of the chute. The Fire Prevention Bureau shall approve plans or details of con- struction prior to the installation of such systems." Section 44: §17.04.470 of the Municipal Code is amended by deleting the numbers 1126.14", and by substituting for the numbers so deleted, the numbers f128.16". Section 45: §17.04.480 of the municipal Code is amended to read as follows: "§17.04.480 - Addition of §28.17 - Tar Pots: Article 28 of the Fire Prevention Code is amended by adding §28.17 to read as follows: §28.17 - Tar Pots: -14a- No tar pots or portable fire box shall be transported through the city while any fire or flame is burning therein, and no tarpot shall be burnt out without first securing a permit therefor from the Bureau of Fire Prevention. When tar pots are used, fire extinguishers, as approved by the Bureau of Fire Prevention, are to be provided on the ground and on the roof level.'' Section 46: §17.04.490 of the Municipal Code is amended by deleting the numbers 1126.16 11 and by substituting for the so deleted, the numbers °128.18" Section 47: §17.04.500 of the Municipal Code is amended by deleting the numbers 1126t1 and '126.17" and by substituting for the numbers so deleted, the numbers 1128" and "28.19", respectively Section 48: §17.04.510 of the Municipal Code is amended by deleting the numbers 1126" and 1"26.2111 and by substituting for the numbers so deleted, the numbers °'2811 and '128.20". respectively. Section 49: §17.04.520 of the Municipal Code is amended by deleting the numbers 1126" and "26.221f and by substituting for the numbers so deleted,the numbers '128" and "28.21", respectively. Section 50: §17.04.530 of the Municipal Code is amended by deleting the numbers 1530.0951 and by substituting for the numbers so deleted, the numbers °'30.18°" Section 51: The following citations to section numbers in Chapter 17.04 (Fire Prevention Code) of the Municipal Code shall mean cite and refer to the following section numbers in the Fire Prevention Code, 1965 Edition (Revised October, 1966): Chapter 17.04 1.03 1.04 1.07 3.01 3.02 3.03 3.04 3.05 -15- Fire Prevention Code 1965 Edition 1.3 1.4 1.7 3.1 3.2 3.3 3.4 3.5 Section 52: Penalty: It shall be unlawful for any per- son to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person violating any provi- sion of this ordinance or failing to comply with any of its re- quirements shall be deemed guilty of a misdemeanor and upon convic tion thereof shall be punished by a fine not exceeding rive Hundre Dollars ($500.00) or by imprisonment not exceeding six (6) months, or both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day during any portio of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this ordinance. Section 53: Constitutionality: If any section, sub- section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the val- idity of the remaining portions of this ordinance. The Council hereby declares that it would have adopted the ordinance and each section, sub -section, sentence, clause or phrase thereof, irres- pective of the fact that any one or more sections, sub -sections, sentences, clauses or phrases be declared invaUd. Section 54: This ordinance shall be published as re- quired by law. Mayor ---- I, HERBERT K. WHITE, City Clerk, do hereby certify that the foregoing ordinance is a full, true and correct copy of Ordinance No. 879 of the City of Burlingame, entified as above; that it was introduced on March 4, 1968; that after the -16- introduction of the above -entitled ordinance, notice was duly given as required by §50022.3 of the Government Code of the State of California of a hearing to be held thereon; that hearing was held thereon as required by said Government Code; that three (3) copies of the text of the Fire Prevention Code, 1965 edition (revised October 1966) recommended by the American Insurance Association, successor to the National Board of Fire Underwriters, incorporated were by reference into said ordinance No. 879 ,/on file with the City Clerk at least fifteen (15) days preceding the hearing on saic ordinance; that, after said hearing, said ordinance was adopted by May 6 the Council onx*t1nxi5, 1968, by the following vote: AYES: Councilmen:Crosby-DiederichsenGeorge-i^hnson- Martin NOES: Councilmen: None Absent Councilmen: None �l bfG 4 +-t City Clerk -17-