HomeMy WebLinkAboutOrd 0767ORDINANCE NO. 767
AN ORDINANCE ADOPTING BY REFERENCE THE FIRE PREVENTION CODE, ED-
ITION OF 1956, RECOMMENDED BY THE NATIONAL BOARD OF FIRE UNDER-
WRITERS, AMENDING ARTICLE 26A OF THE ORDINANCE CODE OF THE CITY OF
BURLINGAME PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS
TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, ESTABLISHING A BUREAU
OF FIRE PREVENTION AND PROVIDING OFFICERS THERETO, AND REPEALING
INCONSISTENT PROVISIONS OF THE BURLINGAME ORDINANCE CODE
The City Council of the City of Burlingame does ordain as
follows:
SECTION 1. Article 26A of the Ordinance Code of the City
of Burlingame is hereby amended to read as follows:
"ARTICLE 26A FIRE PREVENTION CODE
SECTION 1400 Adoption of Text of Fire Prevention Code. There is
hereby adopted for the purpose of prescribing regulations governin
conditions hazardous to life and property from fire or explosion,
that certain code known as the Fire Prevention Code recommended by
the National Board of Fire Underwriters, being particularjr the 195
edition thereof, and the whole thereof, together with Appendix A
thereto, save and except such portions as are hereinafter in this
Article deleted, modified or amended, and save and except further
Appendices B, C and D thereto, and the same is hereby incorporated
in this ordinance and in the Ordinance Code of the City of Bur-
lingame as fully as if set out at length herein, and from the date
on which this ordinance shall take effect, the provisions thereof
shall be controlling within the City limits of the City of Burling
SECTION 1401 Establishment of Bureau of Fire Prevention.
a. The Fire Prevention Code shall be enforced by the Bureau of
Fire Prevention in the Fire Department of the City of Burlingame,
which is hereby established, and which shall be operated under
the supervision of the Chief of the Fire Department.
b. The Bureau of Fire Prevention shall be in charge of the Fire
Inspector who shall be appointed in accordance with the provisions
of the Burlingame Ordinance Code relating to the appointment of
employees in the classified service.
(SECTION 1401.03 Section 1.03 of the Fire Prevention Code is
amended to read as follows:
SECTION 1.03 AUTHORITY TO ENTER PREMISES:
The Chief of the Fire Department, Chief of the Bureau
of Fire Prevention or any Inspector thereof may, at all
reasonable hours, enter any building or premises for the
purpose of making any inspection or investigation which,
under the provisions of this code, he or they may deem
necessary to be made.
The Chief of the Fire Department is authorized to
establish fire lines and blockades during fires and control
and command at fires all operations of the Fire Department,
its apparatus and personnel, and of the hydrants and water
supply.
SECTION 1401.04 Section 1.04 of the Fire Prevention Code is
amended by adding subsection (c) which shall read as follows:
c. Report of Inspections:
A report of the Bureau of Fire Prevention shall be made
annually to the City Manager. It shall contain all
proceedings under this code; with such statistics as
the Chief of the Department may wish to include
therein; the Chief of the Fire Department shall also
recommend any amendments to the code which, in his
judgment shall be desirable.
SECTION 1401.07 Section 1.07 (c) of the Fire Prevention Code
is amended to read as follows:
c. The City Attorney and the Police Department, upon
request of the Bureau of Fire Prevention, shall assist
the Inspectors in the investigating of any fire which,
in their opinion, is of suspicious origin.
iECTION 1401.13 Section 1.13 of the Fire Prevention Code is
amended by adding the following definitions:
COMBUSTIBLE Capable of being burned.
FIRE CHIEF Chief of the Fire Department or his deputy.
'SECTION 1101.15 Article 1 of the Fire Prevention Code is amended
by adding section 1.15 to read as follows:
SECTION 1.15 UNOBSTRUCTED FIRE CURTAINS.
No person shall cause, permit, or suffer the existence
of any obstruction or condition which prevents or hinders
the immediate raising or lowering of fireproof curtains
required in theatres and other places of public assemblage.
hi
SECTION 1401.17 Article 1 of the Fire Prevention Code is amended
by adding section 1.17 to read as follows:
SECTION 1.17 DEFECTIVE OR UNSAFE CONDITIONS.
a. Whenever, in the opinion of the Chief of the Fire
Department, any building or structure or portion thereof,
or any appurtenance thereto or fixture thereon, or any
chimney, smoke stack, stove, incinerator, furnace, or any-
thing connected with, or upon, or in, any premises, or
building, not specifically mentioned in this Article 26
which is deemed defective or unsafe, so as to constitute
an immediate menace to the public health or safety, the
Chief of the Fire Department shall give, or cause to be
given, a notice to the owner or person having control of
the property of the alterations, corrections, removals, or
repairs necessary to render the same safe, and such owner,
or person having control of the property shall forthwith
comply with such notice.
b. Such notice shall be delivered at the premises
involved to the owner, or person having control. In the
event neither of them can be immediately found at such
premises, such notice shall be mailed by United States mail,
postage prepaid, in a sealed envelope addressed to such
owner at his address as shown upon the last equalized
assessment roll for municipal taxes in the city.
c. In the event of failure of such owner, or person
having control, forthwith to comply with such notice, or in
the event the Chief of the Fire Department is unable to
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locate such owner, or person in control, within sufficient
time to eliminate the hazardous condition, or in the event
that, in the opinion of the Chief of the Fire Department,
such condition must be remedied, removed, corrected, or
altered forthwith and without such notice in order that the
public health and safety be protected, the Chief of the Fire
Department may take such steps as he may deem necessary for
the protection of the public health and safety.
SECTION 1403.01 Section 3.01 to and including section 3,05
inclusive comprising Article 3 of the Fire Prevention Code
shall not be a part of this Article 26.
SECTION 1408.01 Section 8.01 to and including section 8.18
inclusive comprising Article 8 of the Fire Prevention Code
shall not be a part of this Article 26.
(SECTION 1410.05 Article 10 of the Fire Prevention Code is amender
by adding section 10.05 to read as follows:
SECTION 10.05. Every apartment house, hotel or rooming house
two or more stories in height in which there are one or more
apartments or guest room above the first floor, shall be so
designed and constructed that each apartment or guest room
shall have not less than two (2) means of egress.
SECTION 1411.02 Section 11.02 of the Fire Prevention Code is
amended to read as follows:
SECTION 11.02 PERMITS REQUIRED:
a. Separate and distinct permits shall be required
concerning explosives as follows, subject to the conditions
specified in this Division.
1. Permits to be issued by Bureau of Fire Prevention:
(a) To possess, stare, keep, sell or otherwise
dispose of, but not use, any explosives except small arms
ammunition.
(b) To transport explosives, except small arms
ammunition, on public highways within the municipality by
3.
motor truck, or other vehicles. Possession of a permit or
license from the Federal or State Government to transport
explosives on the public highways shall be considered as
meeting the requirements of this paragraph.
2. Permits to be issued by the City Manager:
(a) To use any explosives, except small arms
ammunition and construction devices such as explosive rivets
and explosive driven pins or studs.
b. Permits as required by section 11.02 a 1 (a) of this
Division shall not be issued for any building or structure
a
that is occupied as/dwelling, school, theatre, or other
place of assembly, or where the building or structure is
lighted by any means other than electricity, or where any
manufacturing processes are conducted, or where smoking
material is sold.
c. Permits required by section 11.02 a 1 (a) of this Divisic
shall not be issued for the possession of:
Liquid nitroglycerine.
Dynamite (except gelatin dynamite) containing over 60%
of liquid explosive ingredient.
Dynamite having an unsatisfactory absorbent or one that
permits leakage of a liquid explosive ingredient under any
conditions liable to exist during storage.
Nitrocellulose in a dry and uncompressed condition in
quantity greater than ten pounds net weight in one package.
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.
Explosive compositions that ignite spontaneously or
undergo marked decomposition rendering the products or their
use more hazardous, when subjected for forty-eight con-
secutive hours or less to a temperature of 167 degrees F.
New explosives until approved by the Interstate
Commerce Commission.
4•
Explosives condemned by the Interstate Commerce
Commission.
Explosives not packed or marked in accordance with
the requirements of the Interstate Commerce Commission.
Explosives containing an ammonium salt and a chlorat
d. Permits as required by section 11.02 a 2 (a) shall
not be issued for a quantity of explosives in excess of
50 pounds, exclusive of blasting caps, unless a greater
quantity is authorized by the City Manager as provided
in section 11.02 e.
e. Permits as required by section 11.02 a 2 (a) may be
issued by the City Manager for quantities of explosives
in excess of 50 pounds when blasting operations require
greater amounts, but such permits shall not be issued
for quantities in excess of the amount actually needed
for one day1s operation and any unused explosives shall
be returned to a Class A magazine.
TION 1411.03 Section 11.03 of the Fire Prevention Code is
amended to read as follows:
SECTION 11.91 BOND REQUIRED FOR BLASTING.
Before a permit to do blasting, as required under secti
11.02 a 2 (a), shall be issued, the applicant for such a pe
shall file with the City Manager a bond in an amount to his
satisfaction, as a guarantee to save the City harmless in
the case of injury to persons, or damage to property.
SECTION 1412.01 Section 12.01 of the Fire Prevention Code is
amended to read as follows:
SECTION 12.01 DANGEROUS FIREWORKS.
No person shall possess, sell, deliver, deal in, use,
explode or fire, or cause to be used, exploded or fired any
form of fireworks designated as "dangerous fireworks" by
section 12503 of the Health and Safety Code of the State of
California.
5.
TION 1412.02 Section 12.02 of the Fire Prevention Code is
amended to read as follows:
SECTION 12.02 SAFE AND SANE FIREWORKS.
The possession, sale, delivery, dealing in, use, expl
or firing of any form of fireworks designated as "safe and
sane fireworks" by section 12504 of the Health and Safety
Code of the State of California is expressly permitted.
TION 1412.03 Section 12.03 of the Fire Prevention Code is
amended to read as follows:
SECTION 12-03 PUBLIC DISPLAY.
No person shall make a public display of fireworks
without a permit authorizing him to do so issued by the City
Council of the City of Burlingame after application made as
provided in sections 12600 through 12609, inclusive, of the
Health and Safety Code of the State of California.
TION 1412.04 Section 12.04 of the Fire Prevention Code is
amended to read as follows:
SECTION 12.04 MANUFACTURE.
The manufacture of fireworks is prohibited within the
municipality.
1412.05 Section 12.05 of Article 12 of the Fire Pre-
vention Code shall not be a part of this Article 26.
1413.01 Section 13.01 of Article 13 of the Fire Pre-
vention Code shall not be a part of this Article 26.
ON 1413.02 Section 13.02 of the Fire Prevention Code is
amended by adding the following sentence:
All extinguishing appliances shall be located in an
accessible and conspicuous place approved by the Bureau of Fire
Prevention.
ON 1413.04 Section 13.04 of the Fire Prevention Code is
amended to read as follows:
SECTION 13.04 TYPE OF EXTINGUISHERS.
All extinguishers must be of type approved by the Under-
writers Laboratories, Inc., and conform to Standards of the
National Board of Fire Underwriters as to installation,
6.
maintenance and use. Soda and acid or foam type of
extinguishers shall be re -charged at least once each year,
and the date of such re -charge placed on an attached tag.
TION 1413.05 Section 13.05 of Article 13 of the Fire
Prevention Code shall not be a part of this Article 26,
TION 1413.06 Section 13.06 of the Fire Prevention Code is
amended to read as follows:
SECTION 13.06 SIGNS - LOCAL ALARM SYSTEMS.
Whenever a local fire alarm system is installed and
maintained in any building to warn its occupants in cases
of emergency, a sign, no less than 4 inches by 6 inches
shall be installed and maintained above each fire alarm
station in the building reading as follows:
LOCAL FIRE ALARM ONLY
AFTER OPERATING NOTIFY
BURLINGAME FIRE DEPARTMENT
DI. 4-1900
SECTION 1414.22 Section 14.22 of the Fire Prevention Code is
amended to read as follows:
SECTION 14.22 SPRAY ROOM, BOOTH OR TUNNEL.
a. Every spray room shall be of at least one-hour fire -
resistive construction.
b. Spray booths or spray tunnels shall be of at least
one-hour fire -resistive construction, or shall be of metal
with an adequate metal frame. The interior surfaces shall
be smooth and continuous without edges and otherwise designed
to prevent pocketing of residues and facilitate cleaning and
washing without injury.
Exception: Spray booths and spray tunnels may be
constructed of other non-combustible material provided
the material used and the design and construction
thereof shall have first been approved by the Chief
of the Fire Department.
7s
Glass used in the construction of a spray room, spray
booth, or spray tunnel shall be wired glass, set in a metal
frame or sash, but in no event shall the total square foot
area of such wired glass in any one ceiling or side of any
such room, booth or tunnel be more than twenty percent of
the total area of such ceiling or side in which such glass
is mounted.
c. The floor of the spray room, spray booth, or spray
tunnel and the operator's working area, if combustible, shall
be covered with noncombustible, non -sparking material of such
character as to facilitate the safe cleaning and removal of
residues.
d. Distribution or baffle plates, if installed in any
spray room, spray booth, or spray tunnel to promote an even
flow of air or cause the deposit of overspray before it
enters exhaust duct, shall be of non-combustible material
and readily removed or accessible on both sides for cleaning.
Such plates shall not be located -in exhaust ducts.
e. Each spray booth having a frontal area larger than
nine square feet shall have a metal deflector or curtain
not less than 22 inches deep installed at the upper outer
edge of the booth, over the opening,
f, Each spray booth shall be separated from other
operations by not less than three feet, or by a greater
distance, or by such partition or wall as the Bureau of
Fire Prevention may require to reduce the danger from a
position of hazardous operations.
g. Spray rooms, booths or tunnels shall be so installed
that all portions are readily accessible for cleaning.
A clear space of not less than three feet on all sides
shall be kept free from storage or combustible con-
struction,
h. When spraying areas are illuminated through glass
panels or other transparent materials, only fixed
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lighting units shall be used as a source of illumination.
Panels shall effectively isolate the spraying area from
the area in which the lighting unit is located, and shall
be of non-combustible material of such a nature or so
protected that breakage will be unlikely. Panels shall be
so arranged that normal accumulations of residue on the
exposed surface of the panel will not be raised to a
dangerous temperature by radiation or conduction from the
source of illumination.
SECTION 141.5.103 Section 15.103 of the Fire Prevention Code
is amended by adding subsections e, through i, inclusive
which shall read as follows respectively:
e. Whenever a permit is granted as herein provided,
to erect, construct or install any system, plant, device
or apparatus specified in this Article 26, said permit
shall carry with it the right to use, operate and maintain
said system, plant, device or apparatus for the purpose
specified in the application, but for no other purpose.
f. The permits referred to and required by this Article
26 shall be in addition to permits, variances, exceptions,
use permits or licenses required by other provisions of the
Burlingame Ordinance Code.
g. Before any person shall keep, store, handle,
manufacture, process, blend, refine or use any flammable
liquids for which a permit is required as specified in this
division, application to the Bureau of Fire Prevention for
a permit therefor shall be made. Such application shall be
in writing and on such form, and shall set forth such in-
formation as may be required by the Bureau of Fire Preventi
The application shall be accompanied by plans showing
the character and locations of building, and the size,
capacity and construction of the tank to be used, and the
location thereof with respect to adjacent buildings, proper
9.
lines, water or streams. Where application is for above
ground tanks, it shall also be accompanied by plans and
specifications for retaining walls in connection with said
tank or tanks. All such plans and specifications shall be
deemed an essential part of said application.
h. All applicants for permits for the construction of
pumping or gravity type oil burning systems and installation
systems of Class I, II and III liquids shall be accompanied
by a $2.50 inspection fee. No fee shall be charged of the
United States, the State of California, or any political
subdivision thereof or of any Municipal Corporation, but an
application must be filed in all cases.
i. It shall be unlawful for any person, to deliver to
any tank, drum or other receptacle that shall be above ground
any Class I, II or III liquids or other liquid products that
will flash or emit flammable vapors at a temperature of 100
degrees Fahrenheit or below, without first obtaining a permit
therefor from the Bureau of Fire Prevention, except it be for
the delivery from a tank vehicle to storage tanks of dis-
tributing plants or of gasoline service station licensed to
engage in the service station business with the approval of
the Fire Department.
SECTION 1415.107 Article 15 of the Fire Prevention Code is
amended by adding section 15.107 to read as follows:
SECTION 15.107 GLASS CONTAINERS.
No person shall keep, offer for sale, sell or deliver
any Class I or II flammable liquids in glass containers.
No person shall keep, offer for sale, sell or deliver
more than thirty-two (32) ounces of any Class III flammable
liquid in any single glass container.
No person shall dispense Class I and II flammable
liquids, or• Class III flammable liquids in quantities in
excess of thirty-two (32) ounces, except in metal containers
10.
fitted with an airtight, tight -fitting replaceable top, cap
or other device.
This section shall not apply to glass containers in
which food, drugs or medicines are packaged, except that when
the capacity of such containers exceeds eight (8) ounces
suitable protection to prevent breakage shall be provided.
Nor shall this section apply to flammable liquids which are
contaminated by metal containers, when it is found by the
Bureau of Fire Prevention that contamination will result.
1415.206 Sub -sections 15.206 a and b of the Fire
Prevention Code are amended to read as follows respectively:
SECTION 15.206 DIKES AND WALLS.
a. CRUDE PETROLEUM. Tanks or groups of tanks containing)
crude petroleum or other liquid having similar boil -over
characteristics, shall be diked or other suitable means taken
to prevent discharge of liquid from endangering adjoining
property or reaching waterways. Where a diked enclosure is
required under this section, it shall have a capacity of
not less than 110% of the tank or tanks served by the enclosui
b. FLAMMABLE LIQUIDS OTHER THAN CRUDE PETROLEUM. In-
dividual tanks or groups of tanks, where deemed necessary by
the Bureau of Fire Prevention on account of proximity to
waterways, character of topography, or nearness to structure
of high value, or to places of habitation or assembly, shall
be diked or the yard shall be provided with a curb or other
suitable means taken to prevent the spread of liquid onto
other property or waterways. Where a diked enclosure is
required under this section, it shall have a net capacity
of not less than 100% of the tank or tanks served by the
enclosure.
ON 1415.210 Section 15.210 of the Fire Prevention Code is
amended to read as follows:
SECTION 15.210 UNDERGROUND ,_ OUTSIDE OF OR UNDER BUILDINGS.
11.
a. 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 to the
nearest wall of any basement, pit, cellar, or property line
shall be not less than 2 feet. The distance from any part
of a tank storing Class I or II liquids to the nearest wall
or
of any basement, pit, cellar shall be not less than 2 feet,
and from any property line that may be built upon, not less
than 3 feet.
b. DEPTH AND COVER. Excavation for underground storage
tanks shall be made with due care to avoid undermining of
foundations of existing structures. Underground tanks shall
be set on firm foundations and surrounded with sand well
tamped in place. Tanks shall be covered with a minimum of
2 feet of earth, or shall be covered with not less than
1 foot of earth on top of which shall be placed a slab of
reinforced concrete not less than 6 inches thick. Top of
tank shall be below the level of any piping to which the
tank may be connected. When underground tanks are or are
likely to be subjected to traffic; they shall be protected
against damage from vehicles passing over them by at least
3 feet of earth cover, or 18 inches of well tamped earth,
plus 6 inches of reinforced concrete or 8 inches of
asphaltic concrete. When asphaltic or reinforced concrete
paving is used as part of the protection, it shall extend
at least 1 foot horizontally beyond the outline of the
tank in all directions.
c. ANCHORAGE. Where a tank may become buoyant due
to a rise in the level of the water table or due to location
in an area that may be subjected to flooding, suitable pre -
12.
cautions shall be observed to anchor the tank in place.
d. Where a tank cannot be entirely buried, it shall
be covered over with earth to a depth of at least 2 feet
with a slope on all sides not steeper than one and one-half
feet horizontal to one foot vertical.
e. GENERAL STORAGE. 1. In Retail Commercial Districts
(C-1), Service Business Districts (C-2), Professional
Business Districts (C-3:,, Light Industrial Districts (M-1),
and Heavy Industrial Districts (M-2) as such districts are
defined in Division 6, Part X, Article 50 of the Ordinance
Code or in any other district, other than a residential
district, which may be established hereafter, all Class I,
II and III liquids shall be stored at least two (2) feet
from any building.
No one tank shall contain more than seven thousand five
hundred (7,500) gallons with an aggregate of twenty-two
thousand five hundred (22,500) 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 amount of
twenty-two thousand five hundred (222500) gallons.
Where two or more tanks are installed they shall be
separated by three (3) feet of earth or twelve (12) inches
of brick or concrete.
No tank shall. be connected to another so the liquid can
flow from one into another.
2. In First Residential Districts (R-1), Second
Residential 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 (2) feet from any building.
13.
In any such residential district, a single storage tank of
a capacity not to exceed five hundred and fifty (550)
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 (1,000) gallons may be installed. Any
such tank shall be at least two (2) feet from any building
or structure or part thereof and be covered with at least
two (2) feet of earth.
f. ABANDONED TANKS. 1. The owner or person in charge
of the premises shall remove all flammable liquid that can
be pumped out with the service pump. The fill line, gauge
hatch and pump suction shall be capped and secured against
tampering. The vent line shall be left open.
(Note: As an alternative to the above procedure, the
tank may be rendered gas free, as determined by the Chief
of the Fire Department, or his designee.)
2. The owner or person in charge of the premises shall
remove all flammable liquid from tank and from all connecting
lines. The suction, inlet, gauge and vent lines shall be
disconnected. The tank and any remaining pipe stubs shall
be filled with an inert, solid material as recommended by
the Chief of the Fire Department. All connecting lines
shall be capped or plugged below ground level.
3. Removal of Underground Tanks. The owner or person
in charge of the premises shall remove all flammable liquid
from tank and from connecting lines and disconnect the
suction, inlet, gauge and vent lines. The tank shall be
flushed with water and rendered gas free as indicated by
combustible gas indicator. Inlets and outlets shall be
capped or plugged during the transportation and storage of
the tank.
14.
If the tank is to be disposed of as junk, it should be
retested by owner for explosive vapors, and, if necessary,
rendered gas free. After junking and before releasing to
junk dealer, a sufficient number of holes or openings should
be made in it to render it unfit for further use.
TION 1415.215 Section 15.215a (4) of the Fire Prevention Code
is amended to read as follows:
(4) Vent Piping, Vent pipes shall be so laid as to drain
toward the tank without sags or traps in which liquid can
collect. They shall be located so that they will not be
subjected to physical damage aboveground. All tanks shall
be separately vented, The lower end of a vent pipe shall
enter the tank through the top and shall not extend into
the tank more than 1 inch.
TION 1415,301 Section 15,301 of the Fire Prevention Code is
amended by adding thereto the following paragraphs to read
as follows:
All joints shall be swing joints. Where underground tanks
are used, all pipes carrying flammable liquids shall pitch
toward tanks without any traps or pockets and shall enter
tanks at the top,
Piping carrying Class I, II and III liquids, unless without
joints or connections, shall not extend through any room
which contains any open flame or light.
Defective and leaking piping shall be made tight immediately
or replaced.
SECTION 1415.503 Section 15,503 of the Fire Prevention Code is
amended to read as follows:
b. Automatic Dispensing Devices. The installation and
use of coin-operated dispensing devices for Class I flammable
liquids is prohibited. Class I flammable liquids shall be
delivered 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
15..,
and other facilities 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 control lever is hereby
forbidden except when using an automatic nozzle as provided
in Section 15.503 b (1).
1. Automatic Hose Nozzle Valves with Latch Open Devices.
In lieu of being held open by hand, an approved auto-
matic nozzle may be used for dispensing Class I flammable
liquid 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 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 made a
part of any such dispensing device or used without a written
permit from the Chief of the Fire Department.
SECTION 1415.505 Section 15.505 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 1415.506 Section 15.506 of the Fire Prevention Code is
amended by adding the following paragraphs:
No open flame or stove fire shall be allowed in any room
where motor vehicle tanks or other containers are being
filled with gasoline. The use of flammable liquids having
a flash point below 100 degrees F. for removing grease,
16.
dirt or oil is prohibited.
No artificial lights other than electric lights shall be used
for illuminating purposes in any service station.
SECTION 1415.913 Section 15.913 of the Fire Prevention Code is
amended by adding subsection 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 without
a permit from the Bureau of Fire Prevention. At no time
shall a tank truck and trailer combination be used for
delivery of flammable liquids at any location other than a
bulk plant.
At no time shall a tank vehicle enter a building in order to
discharge flammable liquids.
SECTION 1117.05 Article 17 of the Fire Prevention Code is amend
by adding section 17.05 to read as follows:
SECTION 17.05 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 gasoline.
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 1418.03 Section 18.03 of the Fire Prevention Code is
amended to read as follows:
SECTION 18.03 PERMIT REQUIRED.
A permit shall be required for the storage or handling
of more than 25 gallons of corrosive liquid; or more than
100 pounds of oxidizing materials; or more than 500 milli-
curies of radioactive material; or more than 30 gallons water
capacity of flammable compressed gas; or 10 pounds or more of
organic. peroxides; or 100 pounds or more of ammonium nitrate;
17.
or any amount of highly toxic material or poisonous gas.
:SECTION 1418.05 Section 18.05 of the Fire Prevention Code is
amended by adding subsections g and h which shall read as
follows, respectively:
g. Neither compressed gas systems nor compressed gas
shall be installed or used for domestic purposes unless
natural gas is not available.
h. Cylinders or other containers containing compressed
gas, except container of acetylene gas for welding or burning,
shall be stored outside the walls of any building, and not
less than ten (10) feet therefrom. They shall be installed
in conformity with the regulations of the National Board of
Fire Underwriters, on the installation of compressed gas
systems, and to the satisfaction of the Bureau of Fire
Prevention.
ON 1418.11 Article 18 of the Fire Prevention Code is
amended by adding Section 18.11 to read as follows:
SECTION 18.11 ACID STORAGE.
a. Not more than one carboy of nitric, muriatic or
sulphuric 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 (1) hour fire resistant construction
as defined by Article 55 of the Burlingame Ordinance Code.
The floor of such storage room shall be of concrete, and a
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 thanrine (9) 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 (3)
inches in height. All acid storage rooms shall be vented
to outside air. V
b. All acids mentioned in this section may be stored
in an open lot or yard, provided that such lot or yard is j
M
enclosed by a fence. Signs reading "ACID STORAGE" in letters
not less than three (3) inches in height shall be attached
to such fence.
SECTION 1419.03 Section 19.03 of the Fire Prevention Code is
amended to read as follows:
SECTION 19.03 PERMCTS AND REPORTS OF INSTALLATIONS.
a. A permit shall be obtained for each installation of
liquefied petroleum gas employing a container or an aggregate
of interconnected containers of over 30 gallons water capacity,
I
and for each permanent installation, irrespective of size of
containers, made at building in which people congregate for
civic, political, educational, religious, social or recrea-
tional purposes. Such buildings shall include schools,
1
churches, hospitals, institutions, hotels, and restaurants,
each having a capacity of 20 or more persons. Prior to
making such an installation, an installer shall submit plans
f
to the Bureau of Fire Prevention and if compliance with the
4
requirements of this code is shown by said plans, a permit
shall be issued.
b. Installers shall maintain a record of all installs -
tions for which a permit is not required by paragraph (a)
above (but not including installation of gas burning
appliances and replacing of portable cylinders) and have
it available for inspection by the Bureau of Fire Pre-
vention.
SECTION 1420.02 Section 20.02 (a) of the Fire Prevention Code
is amended to read as follows:
a. Lumber shall be piled with due regard to stability
of piles and in no case higher than 15 feet.
SECTION 1423.04 Section 23.04 of the Fire Prevention Code is
amended by adding subsections a and b reading as herein
after set forth and by relettering the original subsections
a, b, c, d, and e respectively:
19.
SECTION 23.011 GENERAL INSTALLATION REQUIREMENTS.
a. Permit Required. No person shall construct, erect or
maintain any plant or use any device or apparatus for
burning crude oil, petroleum, or fuel oil for generating a
gas therefrom, without first obtaining a permit in writing
from the Bureau of Fire Prevention.
b. No gravity type oil burning system shall be install
within Fire Zones I and II except portable or unit type oil
heaters approved by the National Board of Fire Underwriters;
provided, also, that the fuel tank of any such oil heater
does not have a greater capacity than six (6) gallons and
that the fuel burned does not have a flash point below
135 degrees Fahrenheit closed cup tester.
TION 1126.01 Section 26.01 of the Fire Prevention Code is
amended to read as follows:
SECTION 26.01 OPEN OUTDOOR FIRE AND AIR POLLUTION CONTROL.
a. It shall be unlawful for any person to ignite'
kindle, light, or maintain, or cause, suffer, or allow to be
ignited, kindled, lighted, or maintained any open outdoor
fire, except as herein after provided in this article 26.
b. Definitions:
An "Open Outdoor Fire", as used in this article 26
means any combustion of combustible material of any kind
outdoors, in the open, not in any enclosure, where the
products of combustion are not directed through a flue.
"Flue" means any duct or passage for air, gases, or
the like, such as a stack or chimney.
"Household Rubbish", means waste material and trash,
normally accumulated by a family in a residence in the course
of ordinary day to day living, but it shall not include
rubber materials, wire insulation, or any materials creating
excessive smoke or obnoxious odors, nor shall it include
garbage as the word garbage is defined in Section 1602 of
the Burlingame Ordinance Code.
c. Exceptions:
20.
Subject to the limitations and conditions specified and
imposed under this section, the following outdoor fires may
be started and maintained only after a permit to do so has
been issued by the Bureau of Fire Prevention.
1. Fires used only for cooking food for human consump-
tion or for recreation purposes. It shall be unlawful to
construct or use any barbecue pit or other structure or
device for cooking food without a permit issued by the Bureau
of Fire Prevention.
2. Fires for the disposal of household rubbish origin-
ating in one -and -two-family dwellings, which fires are
maintained by the occupant of the dwelling at the dwelling.
The permit shall include the following restrictions and such
other restrictions as the Bureau of Fire Prevention may deem
reasonably necessary in the interests of fire prevention,
fire protection and fire spread control:
(a) Burning only between the hours of 7 AM and 11 AM.
(b) Burning only when fire extinguishing equipment,
if required by the Bureau of Fire Prevention, is
available for immediate use.
(c) Burning only at a place, and within an incinerator
approved by said Bureau,
(d) Any fire set by any public officer, in the per-
formance of official duty, with the consent of the
Bureau of Fire Prevention or any fire permitted by
said Bureau, if such fire is set or permission
given for the purpose of weed abatement, the pre-
vention of a fire hazard, including the disposal
of dangerous materials where there is no safe
alternate method of disposal, or in the instruction
of public employees in the methods of fighting
fires, which fire is necessary in the opinion of
said Bureau.
(e) Fires set for the purpose of instruction of in-
dustrial employees in the methods of fighting fires
21.1
(f) Safety flares for the combustion of waste gases.
(g) Any fire if it can be demonstrated that nothing
but carbon dioxide, nitrogen dioxide, or water
vapor is emitted under all operating conditions.
If the state law or any rule or regulation adopted
pursuant thereto requires permission from the state or
any state body or agency before fires described in this
section or any of them, may be started, permitted, or
maintained, the Bureau of Fire Prevention shall require
satisfactory proof of the procurement of such a permit
before it issues a permit under the provisions of this
article 26. Nothing in this article 26 shall be constru d
as authorizing the starting or maintaining of any fire
prohibited by any state law or rule or regulation
adopted pursuant thereto.
The Bureau of Fire Prevention may deny any appli-
cation for a permit hereunder if it deems such action
necessary to protect persons or property from the pro-
posed fire as a fire hazard, or it may grant the permit
under such limitations and restrictions as it deems
reasonably necessary to eliminate any such hazard.
SECTION 1426.03 Section 26.03 of the Fire Prevention Code is
amended by adding the following paragraph:
It shall be unlawful for any one to undertake the
removal of paint from any building, structure or portion
thereof, by the process of burning, without first having
obtained a written permit therefor from the Bureau of
Fire Prevention. Such a permit shall not be given where
the surrounding conditions would make that method of
removing paint particularly hazardous.
SECTION 1426.06 Section 26.06 of the Fire Prevention Code is
amended to readi as follows:
22.
SECTION 26.06 HANDLING READILY COMBUSTIBLE MATERIALS.
No person making, using, storing or having in charge,
or under his control any shaving, excelsior, rubbish, sacks,
bags, litter, hay, straw or combustible waste materials shall
fail or neglect at the close of each day to cause all such
materials which is not compactly baled and stacked in any
orderly manner to be removed from the building or stored in
suitable vaults or in metal lined covered receptacles or
bins. The Bureau of Fire Prevention may require suitable
baling presses to be installed in stores, apartment build-
ings, factories and similar places where accumulations of
paper and waste materials are not removed at least every
second day.
SECTION 1426.07 Section 26.07 (b) of the Fire Prevention Code
is amended to read as follows:
b. Storage Requirements. No packing cases, boxes,
barrels or similar combustible containers shall be
piled or stored on or in any premises in the city
near heating pipe, 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 within two feet of the ceiling, and not so
located as to endanger exit from the building.
Storage in the open shall not be more than 15 feet
in height, shall be so located, with respect to
adjacent building, as not to constitute a hazard,
and shall be compact and orderly.
SECTION 1426.13 Article 26 of the Fire Prevention Code is
amended by adding section 26.13 to read as follows:
SECTION 26.13 REFUSE CHUTE - SPRINKLER HEAD
All refuse or garbage chutes in or on any building shall
be equipped with an automatic sprinkler head of a type, and
installed in a location, approved by the Bureau of Fire
23•
Prevention. A shut-off valve, easily accessible, shall be
installed to control the sprinkler outlet.
SECTION 1426.14 Article 26 of the Fire Prevention Code is
amended by adding section 26.14 to read as follows:
SECTION 26.14 FLAMMABLE VEGETATION.
No person, firm or corporation owning, or in possession
or control of any lot or parcel of land, or portion thereof
in the city either as owner, lessee, tenant or otherwise
shall permit or allow dry weeds, dry grass or other flammable
vegetation to remain or exist upon such lot or parcel.
SECTION 1426.15 Article 26 of the Fire Prevention Code is
amended by adding section 26.15 to read as follows:
SECTION 26.15 TAR POTS.
No tar pot or portable fire box shall be transported
through the city while any fire or flame is burning therein,
and no tar pot shall be burnt out without first securing a
permit therefor from the Bureau of Fire Prevention.
SECTION 1426.16 Article 26 of the Fire Prevention Code is
amended by adding section 26.16 to read as follows:
SECTION 26.16 FAT RENDERING.
No person shall render or boil down any fatfor commerci
purposes, unless he shall have first secured a permit therefor
from the Bureau of Fire Prevention.
SECTION 1426.17 Article 26 of the Fire Prevention Code is
amended by adding section 26.17 to read as follows:
SECTION 26.17 CLOSING UNOCCUPIED BUILDINGS.
Whenever any unoccupied building or structure is not
properly closed, and vagrants or other unauthorized persons
may enter the same and start a fire therein, the Bureau of
Fire Prevention may notify the owner or person in control
thereof in writing to close the same, which notice shall be
complied with within forty-eight (48) hours after its receipt,
24.
SECTION 1426.21 Article 26 of the Fire Prevention Code is
amended by adding section 26.21 to read as follows:
SECTION 26.21 GRATINGS ON SIDEWALKS.
The owner or tenant of any premises having a sidewalk
grating shall install and maintain a metal catch basin under
the grating which shall extend not less than 4" beyond each
side and end of the grating. Said catch basin shall be kept
free from all accumulations of dirt and refuse.
Gratings in the walls of any building shall be covered
with a fine screen to keep out lighted matches, cigars, or
cigarettes, when such wall fronts upon any sidewalk.
TION 1426.22 Article 26 of the Fire Prevention Code is
amended by adding section 26.22 to read as follows:
SECTION 26.22 SIDEWALK DEADLIGHTS.
All sidewalk deadlights, shall be kept in good repair.
Broken deadlights shall be replaced within twenty-four (24)
hours after notice has been given by the Bureau of Fire
Prevention to make necessary repairs.
1430.09 Section 30.09 of the Fire Prevention Code is
amended to read as follows:
SECTION 30.09 PERMIT REQUIRED FOR STORAGE OF CALCIUM CARBIDE.
No calcium carbide shall be kept or stored without first
obtaining a permit to do so from the Bureau of Fire
ARTICLE 31
MISCELLANEOUS
1431.01
SECTIONS REMOVING DEBRIS AFTER FIRE.
The owner or person having under his control or in his
possession, upon any premises in the city any debris and
personal property which has been partially destroyed or
damaged by fire, smoke, or water and which is useless or
25.
unmerchantable shall remove the same from the premises
within such time as the Bureau of Fire Prevention shall
direct.
1!31.02
SECTION DETAIL OF FIREMEN TO PUBLIC ASSEMBLIES.
The Chief of the Fire Department may, whenever he deems
it advisable, detail one or more firemen to any building or
structure used as a place of public assemblage, to be present
during the progress of any assembly therein. The firemen so
detailed shall enforce all laws, ordinances and regulations
pertaining to the prevention and extinguishing of fires.
SECTION 1431.03 PERMITS AND LICENSE&
All applications for a permit required by this Article 26
shall be in such form and shall furnish such information as
the Bureau of Fire Prevention shall require. Permits and
licenses shall be kept on the premises designated therein at
all times, and shall be subject to inspection by any officer
of the fire, police, or building departments.
Approval of any license or permit for any use or
occupancy of any building shall be withheld until such build-
ing has been inspected and approved by the Bureau of Fire
Prevention.
1431. oi�
SECTION OBSTRUCTING FIRE ALARM BOXES AND FIRE HYDRANTS.
a. No person shall place, or cause to be placed, any
article or thing so as to interfere with or obstruct free
access and approach to or view of any fire alarm box or fire
hydrant.
b. No person shall place or deposit lumber, rock, sand,
debris or other substance within fifteen (15) feet of any
fire alarm box or fire hydrant on any public or private
property in the city.
Co No person shall plant or maintain shrubs, bushes, or
other vegetation, or construct or maintain fences or poles,
or any other structures on any public or private property,
26.
any of which are a danger to the public health, safety or
welfare, within fifteen (15) feet of any fire alarm box or
fire hydrant.
d. If any obstruction is maintained in violation of
subparagraph (b) of this section, it shall be summarily
removed on order of the City Manager, Chief of the Fire
Department, or Chief of the Police Department.
e. If any obstruction is maintained in violation of
subparagraph (c) of this section, and the Chief of the Fire
Department finds that it is dangerous to the public health,
safety or welfare, he shall give notice in writing to the
person maintaining such obstruction to remove it within ten
(10) days after receipt of such notice. The notice herein
prescribed shall be delivered in person or transmitted by
United States mail, postage prepaid, addressed to the person
maintaining such obstruction, or owning the premises, at his
last known residence or business address.
In the event that the obstruction shall not have been
removed to the satisfaction of the Chief of the Fire Depart-
ment within ten (10) days after giving the notice, the Chief
of the Fire Department may forthwith cause the obstruction
to be removed, provided as follows:
1. That within ten (10) days after giving such notice,
the person maintaining the obstruction may appeal in writing
to the City Council, and during the period of pendency of the
appeal, and until final determination by the Council the
Chief of the Fire Department shall not remove the obstruction;
unless he shall determine its continuance is hazardous.
2. The appeal shall be filed in the office of the
I
City Clerk.
3. The appeal shall be set for hearing at the meeting
of the Council next succeeding the receipt of notice thereof
27.
by the City Clerk, if the notice of appeal is received five
(5) or more days prior to such meeting; if the notice of
appeal is received less than five (5) days prior to such
meeting, the hearing shall be set for the second succeeding
regular meeting of the Council after receipt of the notice.
4. Evidence may be submitted at the hearing in behalf
of the appellant and the city, and the Council shall make
finding thereon. The findings of the Council shall be final,
conclusive and binding upon all parties.
f. The use of any wrenches, other than approved fire
department spanners, for the purpose of opening or shutting
any fire hydrant is prohibited. No fire hydrant shall be
used by any person other than a member of the fire depart-
ment, or a city employee without first having secured a permit
in writing from the fire department. The permit shall contain
such conditions as may be specified by the Chief of the Fire
Department, and may restrict the permittee to the use of
specified hydrants.
The Chief of the Fire Department may also require that
the applicant for such permit post a cash security or a
surety bond with the City Clerk in such form and amount as
the Chief of the Fire Department shall determine, guarantee-
ing to save the city harmless from any and all damage which
may accrue by reason of the use of any fire hydrant.
g. Not withstanding any other provision of this section,
the violation of any portion hereof shall constitute a mis-
demeanor and shall be punishable pursuant to the provisions
of Section 101 of this ordinance code.
1431.05
SECTION :5 NOTIFYING OTHER DEPARTIUNTS.
In case the Chief of the Fire Department shall have made
any recommendations which involve structural, electrical or
sanitary condition, he shall immediately notify the building,
electrical or health department, as the case may be, of such
conditions, and a copy of such notice shall be sent by the
Chief of the Fire Department to the City Manager.
28.
1431.06
SECTION USE OF REGULATIONS OF NATIONAL BOARD OF
FIRE UNDERWRITERS AND OTHER REGULATIONS.
The Chief of the Fire Department or his duly authorized
representative is hereby empowered and directed to invoke the
existing requirements and regulations of the National Board
of Fire Underwriter, Underwriters Laboratories, Inc.,
Interstate Commerce Commission, United States Bureau of
Standards, Industrial Accident Commission of the State of
California, and other recognized authorities, in any and all
cases of fire hazards not specifically covered in any section
of this chapter or other ordinances, all of which have been
published in code form and copies of which are on file with
the Chief of the Fire Department and the City Clerk -
1431.07
SECTION APPEAL AND REVIEW.
The Chief of the Fire Department shall be charged with
the duty and responsibility of administering the provisions
of this code.
Whenever it is provided herein that certain things shall
be done in accordance with the order, opinion or approval of
the Chief of the Fire Department, such order, opinion or
approval shall be complied with; provided, any person
aggrieved thereby, or believing that such order, opinion or
approval is erroneous or faulty, may appeal, except as other-
wise provided in this code, to the City Manager in writing
within forty-eight (48) hours after such order, opinion or
approval shall have been given, and the City Manager shall
affirm, modify or reverse the same within forty-eight (48)
hours thereafter; provided further that if dissatisfied
with the City Manager's ruling thereon, such person may
appeal to the City Council at its next regular meeting
thereafter, and the decision of the Council shall be final
and conclusive. In the meantime, except in cases of
immediate hazard, the order, opinion or approval shall be
deemed suspended until such person shall have exhausted his
right of appeal as herein provided.
29.
1431.o8
SECTION PUBLIC EDUCATION.
The Bureau of Fire Prevention shall educate the public
on the importance of fire prevention by various means
including public lectures, suitably illustrated by pictures
or moving picture films whenever thought advisable.
SECTION 1431.09 APPLICABILITY.
All sections of this chapter shall apply to buildings,
structures and portions thereof, and to all appurtenances
and fixtures thereto, and anything connected with, or by,
or in, or on, any premises or building.,,
SECTION 2. Repeals
ordinances 434, 4769 509, 5189 5379 619, 645, 668, 672 and
and Article 26 of the Ordinance Coae of the City of Burlingame
and Sections 409, 1215, 1217, 1300 through 1302, inclusive, 1510
through 1513, inclusive, 1617 and 1713 of the Ordinance Code of
the City of Burlingame and all other provisions of said Ordinance
e which are in conflict with the provisions of the foregoing
Article 26A of the Ordinance Coue of the City of Burlingame are
by repealed.
SECTION 3• Severability
If any section, subsection, sentence, clause, phrase, or
tion of this ordinance is for any reason held to be invalid or
stitutional by the decision of any court or courts of juris-
ction, such decision shall not affect the validity of the re -
portions of this ordinance. The City Council of this City
reby declares that it would have adopted this ordinance and each
ction, subsection, clause, phrase or portion thereof, irrespecti
the fact that any one or more sections, subsections, clauses,
rases or portions may be declared invalid or unconstitutional.
30.
SECTION 4. Publication
This ordinance shall be published once as required by law.
MI) I
.).'
MAYOR
I, HERBERT K. WHITE, City Clerk, do hereby certify that
the foregoing ordinance is a full, true and correct copy of
Ordinance No. 767 of the City of Burlingame, entitled as above;
that it was introduced on August 10, 1962; that after the intro-
duction of the above -entitled ordinance, notice was duly given,
as required by Section 50022.3 of the Government Code of the
State of California, of a hearing to be held thereon; that a
hearing was held thereon as required by said Government Coae; that
3 copies of the text of the Fire Prevention Code, 1956 Edition,
and of the secondary codes therein referred to, incorporated by
reference into said Ordinance No. 767, were on file with the City
Clerk at least 15 days preceding the hearing of said ordinance;
and that, after said hearing, said ordinance was adopted at a
regular meeting of the City Council on September 1 t/—,, 1962
by the following vote:
Ayes: Councilmen:
Noes: Councilmen:
Absent Councilmen: