HomeMy WebLinkAboutNS-1144ORDINANCE NS-1144
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA RENUMBERING, AMENDING
AND ADDING TO, PORTIONS OF CHAPTER 14
OF THE SANTA ANA MUNICIPAL CODE FOR THE
PURPOSE OF ADOPTING AMENDMENTS TO THE
1971 ADDITION OF THE UNIFORM FIRE CODE
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 14, Section 14-1 of the Santa Aha Municipal
Code is hereby amended to read as follows:
Sec. 14-1. Adoption of the Uniform Fire Code, 1971 Edition
There is hereby adopted by the City of Santa Ana that certain code
known as "The Uniform Fire Code, 1971 Edition," and the whole there-
of, save and except such portions as are herinafter deleted, added,
or amended, of which code not less than three (3) copies have been
and are now on file in the office of the clerk of the council of
the City of Santa Ana, and said uniform fire code is hereby adopted
and incorporated as though fully set forth at length herein, and
from the date on which this chapter shall take effect, the provi-
sions thereof, subject to the amendments thereto, shall be controll-
ing within the limits of the city and this code shall be knows as
"The Fire Code of the City of Santa Ana".
SECTION 2: Chapter 14, Section 14-2 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 14-2. Adoption of Amendments of Uniform Fire Code,1971
Edition.
The uniform fire code adopted in section 14-1 of this chapter is
amended in the following manner.
SECTION 3: Chapter 14, Sections 14-3, 14-4, 14-5, 14-6, 14-7,
14-8, 14-9, 14-10, 14-11, 14-12, 14-13, 14-14, 14-15, 14-16, 14-17,
14-18, 14-19, 14-20, 14-21 and 14-22 of the Santa Ana Municipal Code
are repealed.
SECTION 4: The Santa Ana Municipal Code is hereby amended by
adding a section to be numbered Chapter 14, Section 14-3, which said
section reads as follows:
Sec. 14-3. Section 1.216, "Compliance with Recognized Standards,"
amended.
That portion of Section 1.216, Compliance with Recognized Stan-
dards, setting forth the standards of the National Fire Protection
Association, is added to, deleted from or amended as follows:
National Fire Protection Association
60 Batterymarch Street, Boston, Mass. 02110
-1-
NFPA STANDARDS
72A
91
407
565
566
702
704M
10 Installation, Portable Fire Extinguishers 1972 (Amend)
10A Maintenance, Use, Portable Fire Extinguishers 1972 (Amend)
13 Sprinkler Systems, Installation 1972 (Amend)
13A Sprinkler Systems, Care, Maintenance, 1971 (Amend)
17 Dry Chemical Extinguishing Systems, 1972 (Add)
50 Bulk Oxygen Systems, 1971 (Add)
50B Liquefied Hydrogen System At Consumer Sites, 1971 (Amend)
56 Flammable Anesthetics Code, 1968 (Delete)
56A Inhalation Anesthetics, 1972 (Add)
56B Inhalation Therapy, 1968 (add)
56C Hospital Laboratories, 1972 (Add)
56D Hyperbaric Facilities, 1970 (Add)
56F Non-Flammable Medical Gas Systems, 1970 (Add)
58 Liquefied Petroleum Gases, 1972 (Amend)
6lB Grain Elevators, Bulk Handling Facilities, 1970 (Amend)
64 Country Grain Elevators, Prevention of Dust Ignitions In,
(Delete)
Local Protective Signaling Systems, 1972 (Add)
Blower and Exhaust Systems 1972 (Amend)
Aircraft Fuel Servicing, 1971 (Add)
Non-Flammable Medical Gas Systems, 1970 (Delete)
Bulk Oxygen Systems at Consumer Sites, 1965 (Delete)
Flammability of Wearing Apparel, 1968 (Add)
Fire Hazards of Material, Identification Systems for, 1969
1959
(Add)
SECTION 5: The Santa Ana Municipal Code is hereby amended by
adding a section to be numbered Chapter 14, Section 14-4, which said
section reads as follows:
Sec. 14-4. Section 11.102(a) (6) "Exceptions," Amended:
Section 11.102(a) (6), is amended to read as follows:
The transportation and use of explosives or blasting
agents by the United States of Mines, the Federal Bureau
of Investigation, the United States Secret Service,
Police and Fire Departments, or any member of the United
States military service, any investigative agency of the
United States, the State of California, or the County of
Orange, when acting in their official capacity.
SECTION 6: The Santa Ana Municipal Code is hereby amended by
adding a section to be numbered Chapter 14, Section 14-5, which said
section reads as follows:
Sec. 14-5. Article 12, "Fireworks," Amended.
Article 12 of the Uniform Fire Code, adopted in Part 1 of this
Chapter, is amended to read as follows:
ARTICLE 12 - FIREWORKS
Section 12.101 "Dangerous Fireworks" Defined.
"Dangerous Fireworks" shall include all fireworks included in
Section 12503, Part 2, Division 11, of the Health and Safety. Code of
the State of California.
Section 12.102 "Safe and Sane Fireworks" Defined.
"Safe and Sane Fireworks" shall include any fireworks not
designated as "Dangerous Fireworks", except that in all cases only
end fuses may be used.
-2-
Section 12.103 Dangerous Fireworks Prohibited.
No person, firm or organization shall manufacture, store, display,
sell, offer for sale, possess, discharge, explode, fire, or set off
any dangerous fireworks within the City of Santa Aha.
Section 12.104 Discharging Safe and Sane Fireworks.
No person shall discharge any fireworks except during the days
that sales are permitted each year as set forth in Section 12.105
below.
Section 12.105 Permit for Sale of Safe and Sane Fireworks.
No person shall display, sell, or engage in the business of selling
"safe and sane" fireworks without first having obtained a permit to do
so as hereinafter provided. No person shall sell any type of fireworks
at any time except from June 28 through July 5, inclusive, or any year.
Section 12.106 Permits, Issuance.
Permits for the sale of "Safe and Sane" fireworks shall be issued
only to established places of business as herein defined and to es-
tablished charitable, fraternal, patriotic service, or religious or-
ganizations, which have existed continuously in the City of Santa Ana
for 90 days prior to the issuance of such permit.
Section 12.107 Application for Permit.
Application for such permits shall be filed with the Fire Chief
or his authorized representative on or before June 1 of each year.
Such application shall contain the name of each person who will
actually handle and sell fireworks, the location where fireworks are
to be sold, the amount and type of fireworks, and proof of insurance.
The Fire Chief or his representative shall examine such application
and shall issue such permit to such applicant if all of the provisions
of this Article have been complied with and the Chief or his repre-
sentative determines that issuance of such permit will not be detri-
mental to the public safety.
Section 12.108 Fee
The fee for such permit shall be forty dollars ($40.00) per year.
Such permit shall expire one year after date of issuance.
Section 12.109 Sale of Safe and Sane Fireworks.
Section 12.110 Regulations for Temporary Stands.
Any person operating any fireworks stand shall abide by and comply
with the provisions of this Article and other reasonable conditions
and restrictions which may be required by the Fire Chief prior to
granting the permit.
Section 12.111 Clean Premises Deposit.
(a) Prior to erecting any such stand, the permittee, shall de-
posit the sum of One Hundred Dollars ($100.00), or post a bond of that
amount, with the City of Santa Ana to assure the City that the permittee
will remove the stand, equipment, material, and all rubbish from the
premises upon which the stand is located, to the satisfaction of the
Fire Chief, before midnight, July 11, of the year for which such per-
mit is granted.
(b) If the stand, equipment, materials, and rubbish are removed
within the said period of time to the satisfaction of the Fire Chief,
the said cash or bond shall be returned to the permittee.
-3-
(c) If the premises are not put in proper order, as determined
by the Fire Chief, the City or its agents or employees may enter
upon the property to do everything necessary to clean the premises,
and said cash or bond shall be forfeited as liquidated damages for
breach of oondition subsequent to the permit. As a condition to the
permittee's acceptance of the permit, it is expressly agreed that
the City or its agents shall have authority to enter upon the premises
to carry out the provisions of tkis section.
Section 12.112 Insurance.
Prior to erection of such stand the permittee shall procure public
liability and property damage insurance covering its operation in and
about said stand and premises in a minimum amount of One Hundred Thou-
sand Dollars ($100,000.001 for an injury to one person; Three Hundred
Thousand Dollars ($300,000.00) for death or injury of more than one
person; and Twenty-Five Thousand Dollars ($25,000.00) property damage;
permittee shall file a certificate of such insurance with the appli-
cation for permit.
Section 12.113 Stand location on ~remises.
No such stand shall be erected within one hundred feet (100') of
any gasoline station or commercial garage nor within forty feet (40')
of any structure. Minimum setback from the street curbing shall be
ten feet (10'), but no such stand shall be less than six feet (6') back
from the inside edge of the sidewalk.
Section 12.114 Fire Protection in Stands.
There shall be maintained within each stand a 2 A rated fire
extinguisher or charged garden hose.
Section 12.115 Adult on Duty.
There shall be at least one person 18 years of age or older on
duty within each stand at all times during the hours the stand is
open. No children under the age of 14 years shall be permitted within
the stand at any time.
Section 12.116 Sleeping Within the Stands.
No one shall be allowed to sleep within the stands at any time.
Section 12.117 Vehicles Parking on Premises.
There shall be no vehicle parking or parking of gasoline genera-
tors or any type of flammable liquid containers within twenty feet
(20') of any such stand.
Section 12.118 Fires on Premises.
No person shall light, cause or permit to be
matches, or any other material within twenty-five
stand.
lighted any fireworks
feet (25') of such
Section 12.119 No Smoking on Premises.
No Smoking shall be permitted in any structure used for storage
or sale of fireworks nor within twenty-five feet (25') thereof. "No
Smoking" signs shall be prominently displayed in a number prescribed
by the Fire Department.
-4-
Section 12.120 Electrical Circuits.
Ail electrical circuits entering such stands shall be connected
through fuses not exceeding fifteen (15) amperes.
Section 12.121 Exits.
Each fireworks stand shall have a minimum of two exits. Exits
shall be at least thirty inches (30") in clear width. All exits doors
shall remain unlocked at all times when stands are occupied. Exit
doors shall be openalbe from the inside without the use of a key or
any special knowledge or effort. There shall be maintained a thirty
inch (30") clear aisleway from all parts of the stand to exit doors.
Section 12.122 Trash Removal.
Ail trash shall be removed from the premises and the fireworks
stand each evening at the close of business.
Section 12.123 Fireworks Storage.
Fireworks shall be stored only in the fireworks stands. It shall
be unlawful to store fireworks in any building, residence, garage,
home, automobile, trailer, or other vehicle within the City of Santa
Ana, except for temporary storage of small quantities in the residence
of the purchaser during the period of permitted sale as defined in
Section 12.105.
Section 12.124 Fireworks: Public Display.
Notwithstanding any other provisions of this Part, the Council
in its discretion may grant permits for public displays of fireworks
under the supervision of the Fire Chief. Applications for such public
permits shall be filed with said Fire Chief not less than ten days
before such public display and shall be accompanied by a detailed
statement of the items of such proposed display. If such permit is
granted, no items shall be displayed except as are contained in such
statement and the Council may in granting such permit eliminate from
said statement such items as it deems hazardous and no grantee of such
permit shall exhibit or display such eliminated items. Such public
display shall be under the supervision of the Fire Chief or such per-
sons as he shall designate and authorize. The fee for such permit
shall be ten dollars for each display. Such display shall be held at
such place and time as designated in said permit and under no circu3n-
stances shall such displays be held in Fire Zone No. 1 of the City,
except such displays may be held in the bowl of the Santa Ana Muni-
cipal Stadium. The applicant for such permit shall comply with the
provisions of the California Administration Code, Title 19 entitled
"Public Safety" with respect to showing proof of compensation insur-
ance coverage, public liability insurance and shall file a bond in
the sum required under such code.
Section 12.125 Disposal of Unused Fireworks.
Any fireworks that remain after the public display is concluded
shall be immediately disposed of in a way safe for the particular type
of fireworks remaining.
Section 12.126 Exceptions.
Nothing in this Article shall be construed to prohibit the use
of fireworks by railroads or other transportation agencies for signal
purposes or illumination or the sale or use of blank cartridges for a
show or theater, or for signal or ceremonial purposes in athletics or
sports, or for use by military organizations.
Section 12.127 Seizure of Fireworks.
The Fire Chief shall seize, take, remove, or cause to be removed,
at the expense of the owner, all stocks of fireworks offered or ex-
posed for sale, or held in violation of this Article.
Section 12.128 Prohibited Areas.
No persons shall sell, store, display, or discharge any fireworks
of any type in any public oil or gasoline station, or on any premises
where gasoline or other inflammable liquids are stored or dispensed.
No person shall sell, store, display, or discharge any fireworks of
any type in any permanent structure, nor within forty feet (40') of
the same, except that any purchaser may discharge fireworks in con-
formance with these regulations within twenty-five feet (25') of his
own residence.
SECTION 7: The Santa Aha Municipal Code is hereby amended by
adding a section to be numbered Chapter 14, Section 14-6, which said
section reads as follows:
Sec. 14.6. Section 13.208, "Required Vertical Driveway Clearance,
amended.
Section 13.208,
amended to read:
"Required Vertical Driveway Clearance," is
Section 13.208. Access driveways serving buildings or property
located more than 150 feet from a street shall have a vertical clear-
ance of not less than 13 feet above the finished driveway surface.
EXCEPTION: Groups I and J Occupancies as specified in the
Building Code.
Where auxiliary means of access or fire protective measures,
approved by the Chief, are provided, the above required clearance
may be modified or waived.
SECTION 8: The Santa Ana Municipal Code is hereby amended by adding
a section to be numbered Chapter 14, Section 14-7, which said section
reads as follows:
Sec. 14-7. Section 13.301, "Installation", Amended
Section 13.301, "Installation", is hereby amended by amend-
ing sub-paragraph (c) and adding sub-paragraph (d) to read as follows:
(c)
Ail buildings or portions of buildings other than dwellings
hereafter constructed shall be located within 150 feet
from an alley, driveway or public street. The path of tra-
vel through which hose can be extended shall be the criteria
for calculating this distance.
Alleys and driveways for fire apparatus access shall be
looped to provide two separate means of ingress and egress,
and shall not stub-end or end in a cul-de-sac. They shall
be at least 20 feet in clear width. A 50 foot outside
and 30 foot inside turn radius shall be provided wherever
they make a turn. The total width shall be continuously
paved to accommodate 30,000 pounds and shall not exceed the
angle of departure for fire apparatus on any slope.
(d) Added to read as follows:
Ail premises where buildings or portions of buildings other
than dwellings are hereafter constructed and located more
than 150 feet from a public street shall be provided with
approved fire hydrants connected to a water system capable
of supplying the fire flow as designated in Table No. 13.301.
Hydrants shall be installed to conform to the City of Santa
Ana Improvement Standard No. 403. Private hydrants shall
be painted chrome yellow. This system shall be placed in
service prior to commencing of any combustible construction.
-6-
TABLE NO. 13.301
Fire Flow
Requirements
I Limited Multiple Residence
1 and 2 stories
*Building Size in Square Feet on
First Floor (Notes 1, 2, & 5)
Less than 5000 square feet 1500
5000 or more square feet 2000
10,000 or more square feet 2500
15,000 or more square feet 3000
20,000 or more square feet 3500
II Unlimited Residence
3 Story and Higher
*Building Size in Square Feet on
First Floor (Notes 1, 3, & 5)
Less than 10,000 square feet 2000
10,000 or more square feet 2500
15,000 or more square feet 3000
20,000 or more square feet 3500
25,000 or more square feet 4000
30,000 or more square feet 4500
35,000 or more square feet 5000
Duration
Requirements
(hours)
Fire Hydrant
Spacing
(in feet)
6 500
8
10
10
10
8 300
10
10
10
10
10
10
III Commercial or Industrial
*Building Size in Square Feet on
First Floor (Notes 1, 3, 4, & 5)
Less than 10,000 square feet 2000
10,000 or more square feet 2500
15,000 or more square feet 3000
20,000 or more square feet 3500
25,000 or more square feet 4000
30,000 or more square feet 4500
35,000 or more square feet 5000
10
10
10
10
10
10
300
IV Schools
A. Elementary 2000 8 300
B. Intermediate (Jr. High) 2500 10
C. Senior High 3000 10
D. University - College 5000 10
V Other Per standards of recognized Public
Fire Protection Grading and Rating
Agencies
*NOTES:
1. Required fire flows should be based on the highest land use allowed
and/or zoning within the proposed subdivision.
2. Five hundred gpm shoud be added for each additional floor level in
addition to the first floor, to a total required fire flow not to
exceed 3500 gpm.
3. Five hundred gpm should be added for each additional floor level,
in addition to the first floor, to a total required fire flow not
to exceed 5000 gpm.
4. Five thousand gpm should be required for industrial and/or commercial
subdivision where land use or zoning allows the construction of
buildings that justify such a flow.
5. Where buildings are constructed of fire-resistive material such as
concrete, brick, etc., and/or are provided with automatic fire
sprinkler systems, required fire flows may be reduced. All such
reduction should be predicated on recognized standards and recommen-
dations.
.7-
recommendations of the public fire protection grading and rating
agencies providing that service.
All required fire flows are to be available at 20 pounds per
square inch residual pressure.
SECTION 9: The Santa Ana Municipal Code is hereby amended by
adding a section to be numbered Chapter 14, Section 14-8, which said
section reads as follows:
Sec. 14-8. Sec. 13.307 "Fire Alarm s~stems", Amended.
Section 13.307 is amended to add sub-paragraph (e) thereto
to read as follows:
(e) No fire alarm system that automatically telephones
the fire department shall telephone the department on
any public emergency telephone line. Any such system
shall telephone the department on specific lines and
telephone numbers that shall be designated for such pur-
pose by the Fire Chief.
SECTION 10: The Santa Ana Municipal Code is hereby amended by
adding a section to be numbered Chapter 14, Section 14-9, which said
section reads as follows:
Sec. 14-9. Section 13.315, "Automatic Dr~ Chemical Extin~uishin~
for Commercial Cooking Equipment", added:
Section 13.315, "Automatic Dry Chemical Extinguishing Systems
for Commercial Cooking Equipment", is added to read as follows:
In new occupancies, all commercial cooking equipment and
exhaust systems shall be protected with an automatic dry
chemical extinguishing system and fuel shut off device as
specified in NFPA Standard No. 96.
The dry chemical system may be installed in lieu of automatic
sprinkler protection for cooking equipment in buildings that
are completely sprinklered. If both extinguishing systems
are provided, the sprinkler heads shall have a temperature
rating of 500°F. (Orange).
SECTION 11: The Santa Ana Municipal Code is hereby amended by
adding a section to be numbered Chapter 14, Section 14-10, which said
section reads as follows:
Sec. 14-10. Section 15.109, "Dispensing", Amended:
Section 15.109, "Dispensing" is amended by adding sub-
paragraph (c) thereto to read as follows:
(c) No Class I flammable liquid shall be dispensed into,
stored, transported, or in any way handled in any container
not made of sturdy metal, unless approved by the Chief of
the Fire Department.
SECTION 12: The Santa Ana Municipal Code is hereby amended by
adding a section to be numbered Chapter 14, Section 14-11, which said
section reads as follows:
Sec. 14-11. Section 15.709, "Safet~ Rules", Amended:
Section 15.709 (b) is amended to read as follows:
Two extinguishers, each of a minimum classification of 10BC,
shall be provided and so located that no pump, dispenser or
fill-pipe opening shall be a greater distance than 75 feet
from such extinguisher.
-8-
SECTION 13: The Santa Ana Municipal Code is hereby amended
by adding a section to be numbered Chapter 14, Section 14-12, which
said section reads as follows:
Sec. 14-12. Section 18.106, "Fire Extinguishers", is added.
Section 18.106 -"Fire Extinguishers", is hereby added to
read as follows:
The number and type of appliances shall be provided as
specified in NFPA Standard No. 10 "Portable Fire Extin-
guishers.''
SECTION 14: The Santa Ana Municipal Code is hereby amended
by adding a section to be numbered Chapter 14, Section 14-13, which
said section reads as follows:
Sec. 14-13. Section 27.402, "Tracer Bullets", Amended.
Section 27.402. "Tracer Bullets", is amended to read as
follows:
No person shall possess or fire, or cause to be fired,
any tracer bullet or tracer charge, or any type of projec-
tile that discharges smouldering or flammable material in
any brush or grass covered area, or area covered with
flammable material.
This Section shall not apply to any person in the armed
forces of the United States of America, the State of Califor-
nia, or any investigative agency or political subdivision of
the United States of America, the State of California, or the
County of Orange, when acting in his official capacity.
SECTION 15: The Santa Ana Municipal Code is hereby amended by
adding a section to be numbered Chapter 14, Section 14-14, which
said section reads as follows:
Sec. 14-14. Section 27.415 "Housekeeping and Fire Nuisances",
Added:
Section 27.415, Housekeeping and Fire Nuisances", is hereby
added to read as follows:
Ail buildings and premises governed by these regulations
shall be maintained in good repair and in a clean and or-
derly manner, free from any condition that presents a fire
hazard or a condition which would add to or contribute to
the rapid spread of fire. Provisions shall be made for
the proper storage and disposal of waste materials and
rubbish consistent with the following:
a. Ail basements, cellars, floors, closets, attics and
other similar places not open to continuous observation,
shall be kept free from combustible litter and rubbish
at all times.
b. Ail combustible waster material and rubbish shall be
stored in approved non-combustible containers or receptables,
or consistent with approved fire prevention practice, until
such time as such waste material is removed from the premises
or otherwise properly disposed of. All such waste container s,
other than convenience waste receptacles emptied at the close
of each day, shall be provided with tight-fitting, non-com-
bustible covers.
c. Ashes shall not be placed in or near combustible material
but shall be placed in approved metal containers until re-
moved from the premises or otherwise properly disposed of.
-9-
d. Boiler rooms, mechanical rooms, electrical panel rooms,
exit passageways, stairways, and corridors shall not be
used for storage.
e. Electric motors, filters on heating equipment, and
grease hoods shall be checked periodically and kept clean
and maintained in a safe operating condition.
SECTION 16: Section 14~23 of the Santa Ana Municipal Code is
hereby renumbered as Section 14-22 and amended to read as follows:
Sec. 14-22. Appendix F Amended.
Appendix F of the Uniform Fire Code, adopted in Section 14-1
of this Chapter, is amended to read as follows.
1. Establishment and duties of bureau of fire prevention.
a. The uniform fire code shall be enforced by the bureau
of fire prevention in the fire department of the City of
Santa Ana which shall be operated under the supervision of
the chief of the fire department.
b. The fire marshal in charge of the bureau of fire preven-
tion shall be appointed by the chief of the fire department.
c. The chief of the fire department may detail such members
of the fire department as inspectors as shall from time to
time be necessary. The chief of the fire department shall
recommend to the city manager the employment of technical
inspectors, who, when such authorization is made, shall be
selected through an examination to determine their fitness
for the position. The examination shall be open to members
and non-members of the fire department, and appointments
made after examination shall be for an indefinite term, with
removal only for cause.
2. Definitions.
a. Wherever the word "jurisdiction" is used in the uniform
fire code, it shall be held to mean the City of Santa Ana.
b. Wherever the term "corporation counsel" is used in the
uniform fire code, it shall be held to mean the city attorney
of the City of Santa Ana.
c. Wherever the term "chief of the bureau of fire prevention"
is used in the uniform fire code, it shall be held to mean
the fire marshal.
3. Establishment of limits of districts in which storage of
fla/nmable or combustible liquids in outside above-ground
tanks is to be prohibited.
a. The limits referred to in section 15.201 of the uniform
fire code in which storage of flammable or combustible liquids
in outside aboveground tanks is prohibited are as governed by
the zoning ordinance of 1960 (as ~raended) of the City of
Santa Ana.
-10-
b. Tke limits referred to in section 15.601 of the
uniform fire code in which new bulk plants for flammable
or combustible liquids are prohibited are as governed by
the zoning ordinance of 1960 (as amended) of the City of
Santa Ana.
4. Establishment of limits in which bulk storage of lique-
fied petroleum gases is to be restricted.
The limits referred to in section 20.105a of the uniform fire
code in which bulk storage of liquefied petroleum gas is
restricted are as governed by the zoning ordinance of 1960
(as amended) of the City of Santa Ana.
5. Establishment of limits of districts in which storage of
explosives and blasting agents is to be prohibited.
The limits referred to in section ll.106b of the uniform
fire code in which storage of explosives and blasting agents
is prohibited are as governed by the zoning ordinance of
1960 (as amended) of the City of Santa Aha.
6. Appeals.
Whenever the chief of the fire department shall disapprove
an application or refuse to grant a permit applied for, or
when it is claimed that the provisions of the uniform fire
code do not apply or that the true intent and meaning of
the uniform fire code have been misconstrued or wrongly
interpreted, the applicant may appeal from a decision of the
chief of the fire department or the chief of the bureau of
fire prevention to the board of appeals within ten (10) days
from the date of the decision being appealed. A decision
shall be considered as having been appealed within the
aforesaid ten (10) days if a written notice of appeal is
filed with the clerk of the council within said ten (10) day
period. Such notice of appeal shall:
(1) Specify the substance and particulars of the decision
being appealed;
(2) Show the date of the decision;
(3) Be signed by the appellant or his duly authorized
agent; and
(4) Indicate the mailing address of the appellant.
Whenever a notice of appeal is filed with the clerk of the
council, the clerk of the council shall set the matter for
hearing at the earliest reasonable time and shall notify the
chief of the fire department and the appellant of the date,
time, and place when the board of appeals shall hear and
consider the appeal. The clerk of the council shall give
notice of the hearing to the chief of the fire department
and to the appellant at least three (3) days prior to the
time set for the hearing. Notice shall be given to appellant
by mailing said notice to the address shown on the notice of
appeal. All decisions of the board of appeals shall be final.
7. New materials, processes or occupancies which may require
permit.
The city manager, the chief of the fire department, and the
chief of the bureau of fire prevention shall act as a committee
to determine and specify, after giving affected persons an
opportunity to be heard, any new materials, processes or
occupancies which shall require permits, in addition to those
now enumerated in said uniform fire code. The chief of the
bureau of fire prevention shall post such list in a conspicious
place in his office and distribute copies thereof to interested
persons.
-11-
8. Penalties.
a. No person shall violate any of the provisions or fail
to comply with any of the requirements of this code. Any
person who shall violate any of the provisions of this code
hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made under this
code, of who shall build in violation of any detailed state-
ment of specifications or plans submitted and approved
hereunder, or any certificate or permit issued hereunder,
and from which no appeal has been taken, or who shall fail
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 severally for each and every
violation and non-compliance, respectively, be guilty of a
misdemeanor, punishable by a fine of not more than five
hundred dollars ($500.00) or by imprisonment for not more
than six (6) months, or by both such fine and imprisonment.
The imposition of one penalty for any violation shall not
excuse the violation or permit it to continue; and all such
persons shall be required to correct or remedy such violations
or defects within a reasonable time; and when not otherwise
specified, each day that prohibited conditions are maintained
shall constitute a separate offense.
b. The application of the above penalty shall not be held
to prevent the enforced removal of prohibited conditions.
SECTION 17: If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdic-
tion, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Santa Ana
hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof
irrespective of the fact that any one or more sections, subsections,
clauses, phrases or portions be declared invalid or unconstitutional.
SECTION 19: Neither the adoption of this ordinance nor the
repeal hereby of any ordinance shall in any manner affect the prose-
cution for violation of ordinances, which violations were committed
prior to the effective date hereof, nor be construed as affecting any
of the provisions of such ordinances relating to the collection of
any such license or penalty or the penal provisions applicable to any
violation thereof, nor to affect the validity of any bond or cash
deposit in lieu thereof, required to be posted, filed or deposited
pursuant to any ordinance, and all rights and obligations thereunder
appertaining shall continue in full force and effect.
SECTION 20: The Clerk of the Council shall certify to the
passage of this ordinance and cause the same to be published in some
daily newspaper printed and published in the City of Santa Ana.
SECTION 21: This Ordinance shall take effect thirty (30) days
from and after the date of its adoption.
-12-
PASSED AND ADOPTED by the City Council of the City of
Santa Aha at its regular meeting held on the 6%h ~ay
of November , 1972.
ATTEST:
MAYOR
CLERK OF THE COUNCIL
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF SANTA ANA )
Ss
I, FLORENCE I. MALONE, do hereby certify that I am the
Clerk of the Council of the City of Santa Ana; that the fore-
going Ordinance was introduced to said Council at its regular
meeting held on the 16%h day of 0c%oher ,
1972 and was again considered by said Council at its meeting
held on the 6th day of November , 1972,
and was at said meeting passed and adopted by the following
vote, to wit:
AYES,
NOES,
COUNCILMEN: Herrin, Evans, Markel, Patterson,
Villa~ Griset
COUNCILMEN: Yamamoto
ABSENT,
COUNCILMEN: None
CLERK OF THE COUNCIL
APPRO~;E~/AS TO FORM:
/
-13-