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HomeMy WebLinkAboutNS-1630RJW/fm 4/16/82 ORDINANCE NO. NS- 1630 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 14-2, 14-5 AND 14-7.2, AND REPEALING SECTION 14-18, OF CHAPTER 14 OF THE SANTA ANA MUNICIPAL CODE, RELATING TO APPEALS, INSTALLATION OF AUTOMATIC SPRINKLER SYSTEMS AND FIREWORKS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 14-2 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 14-2. Board of Appeals (Section 1.215) Section 1.215 of the Uniform Fire Code is ~mended to read as follows: The uniform code appeals board shall have the power and be required to hear appeals regarding the fire chief's denial of, or refusal to grant, any application for a permit required under any provision of the fire code, the determina- tion of the suitability of alternative materials and types of construction, and the reasonable interpretation of the provisions in the event of a dispute. Any such appeal shall be f~led with the secretary for the uniform code appeals board within ten (10) days from the date of the decision being appealed. Any appeal, once filed, shall be governed by the board's duly adopted procedural rules and regulations. SECTION 2: That Section 14-5 of the Santa Ana Municipal Code, is hereby amended to read as follows: Section 14-5. Fireworks (Article 12) Article 12 of the Uniform Fire Code is amended to read as follows: ARTICLE 12. FIREWORKS Sec. 12.101. Dangerous Fireworks defined. For purposes of this code, "dangerous fireworks" shall mean "dangerous fireworks" as defined in the state fireworks law and the regulations of the state fire marshal adopted pursuant thereto, as they may from time to time be amended. Sec. 12.102. Safe and Sane Fireworks defined. For purposes of this code, "safe and sane fireworks" shall mean "safe and sane fireworks" as defined in the state fireworks law and the regulations of the state fire marshal adopted pursuant thereto, as they may from time to time be amended. Sec. 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 Ana. ORDINANCE NO. NS-1630 PAGE TWO Sec. 12.104. Discharging Safe and Sane Fireworks. No person shall discharge any safe and sane fireworks except during the days and time periods that sales are permitted each year as set forth in Section 12.105 below. Sec. 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 as as hereinafter provided. No person shall sell any type of fireworks at any time except from 12:00 noon Qn July 1st through 12:00 midnight on July 4th, inclusive, of any year. Sec. 12.106. Permits, Issuance. (a) Permits for the sale of safe and sane fireworks shall be issued only to bona fide nonprofit organizations organized for charitable, fraternal, patriotic service or religious purposes with their principal and permanent meeting place within the City of Santa Ana, and at least fifty (50) percent of the members residing within the city limits. (b) Permits for the sale of safe and sane fireworks shall limit each sponsoring organization to a single location in any given year. Sec. 12.107. Application for Permit. Application for such permits shall be filed with the fire chief or his authorized representative on or before May 15th of each year. Such application shall contain the name of the person or persons responsible for operating the fireworks stand, the location where fireworks are to be sold, proof of insurance, and proof of eligibility for a permit under Section 12.106. The fire chief or his repre- sentative 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 fire chief or his representative determines that issuance of such permit will not be detrimental to the public safety. The denial of an application may be appealed to the uniform code appeals board pursuant to Sec. 14-2 of this chapter. Sec. 12.108. Fee. The fee for such permit shall be established by resolution of the city council. Such permit shall expire one (1) year after date of issuance. Sec. 12.109. Sale of Safe and Sane Fireworks. It shall be unlawful for any person to sell safe and sane fireworks to anyone under eighteen (18) years of age. Sec. 12.110. Regulations for Temporary Stands. (a) Any person operating a 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. ORDINANCE NO. NS-1630 PAGE THREE (b) NO temporary stand may be erected or constructed on any premises prior to June 15th of any year. Sec. 12.111. Clean Premises Deposit. (a) Prior to erecting any such stand, the permittee shall deposit an amount to be set by resolution of the city council, or post a bond in such amount, with the City of Santa Ana to assure the City that the permittee will remove the stand, equipment, materials, and all rubbish from the premises upon which the stand is located, to the satisfaction of the fire chief, before midnight, July llth, of the year for which such permit 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. (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 clear the premises, and said cash or bond shall be forfeited as liquidated damages for breach of condition 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 this section. Sec. 12.112. Insurance. Prior to erection of such stand, the permittee shall procure public liaibility and property damage insurance covering its operation in and about said stand and premises in such minimum amounts as shall be set by resolution of the city council. The permittee shall file a certificate of such insurance with the application for permit. Sec. 12.113. Stand Location on Premises. No such stand shall be erected within one hundred (100) feet of any gasoline station or commercial garage nor within forty (40) feet of any structure. Minimum setback from the street curbing shall be ten (10) feet, but no such stand shall be less than six (6) fee back from the inside edge of the sidewalk. Sec. 12.114. Fire Protection in Stands. There shall be maintained within each stand a 2 A rated fire extinguisher. Sec. 12.115. Adult on Duty. There shall be at least one person eighteen (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 eighteen (18) years shall be permitted within the stand at any time. Sec. 12.116. Sleeping Within a Stand. No one shall be allowed to sleep within any fire- works stand at any time. ORDINANCE NO. NS- 1630 PAGE FOUR Sec. 12.117. Vehicle Parking on Premises. (a) There shall be no vehicle parking or parking of gasoline generators or any type of flammable liquid containers within twenty (20) feet of any stand. (b) Barricades sufficient to prevent the parking of motor vehicles within twenty (20) feet of any stand shall be provided and maintained. Sec. 12.118. Fires on Premises. No person shall light, cause or permit to be lighted any fireworks, matches, or any other material within twenty-five (20) feet of such stand. Sec. 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 (25) feet thereof. "No Smoking" signs shall be prominently displayed in a number prescribed by the fire department. Sec. 12.120. Electrical Circuits. Electrical circuits, wiring, devices and lighting are prohibited in temporary stands unless such installation has been made under a valid electrical permit obtained by the City's Department of Planning and Development Services. No permit shall be required for battery operated portable lighting devices. Sec. 12.121. Exits. Each fireworks stand shall have a minimum of two (2) exits. Exits shall be at least thirty (30) inches in clear width. All exit doors shall remain unlocked at all times when stands are occupied. Exit doors shall be openable from the inside without the use of a key or any special knowledge or effort. There shall be maintained a thirty (30) inch clear aisleway from all parts of the stand to exit doors. Sec. 12.122. Trash Removal. Ail trash shall be removed from the premises and the fireworks stand each evening at the close of business. Sec. 12.123. Fireworks Sale and Storage. Fireworks shall be stored and sold only in temporary fireworks stands erected solely for such purpose. It shall be unlawful to store or sell 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. Sec. 12.124. Fireworks: Public Display. Notwithstanding any other provisions of this article, the fire chief in his discretion may grant permits for public displays of fireworks under his supervision. Applications for such public permits shall be filed with the fire chief not less than fifteen (15) days before such ORDINANCE NO. NS- 1630 PAGE FIVE 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 fire chief may, in granting such permit, eliminate from said statement such items as he 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 persons as he shall designate and authorize. The fee for such permit for such public display shall be established by resolution of the city council. Such display shall be held at such place and time as designated in said permit. The applicant for such permit shall comply with the provisions of the California Administrative Code, Title 19, Chapter 1, Subchapter 6, Article 15. The denial of an application may be appealed to the uniform code appeals board pursuant to Sec. 14-2 of this chapter. Sec. 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. Sec. 12.126. Exceptions. Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other trans- portation 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. Sec. 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 exposed for sale, or held in violation of the provisions of this article. Sec. 12.128. Prohibited Areas. No person 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 inflam- mable 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 (40) feet of the same, except that any purchaser may discharge fireworks in conformance with these regulations within twenty-five (25) feet of his or her own residence. SECTION 3. That Section 14-7.2 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 14-7.2. (Installation of Automatic Sprinkler Systems (Section 13.301(b)) Section 13.301, subsection (b), of the Uniform Fire Code is amended to read as follows: (b) (1) In occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, additional safeguards may be ORDINANCE NO. NS-1630 PAGE SIX required consisting of additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, or carbon dioxide, foam or other special fire-extinguishing systems. W~nere such systems are installed, they shall be in accordance with the applicable standards of the National Fire Protection Association. (2) An automatic sprinkler system must be installed in buildings hereafter constructed, or when additions, alterations, or repairs are such as to require the building to comply with all the requirements of the building code of the City of Santa Ana for new buildings, in either of the following circumstances: (a) The building would require a fire flow of more than three thousand five hundred (3,500) gallons per minute if such system were not installed; (b) The building exceeds two (2) stories in height, unless the building is designed for Group R, Division 3 occupancy, as defined in the building code of the City of Santa Ana, or is a building or structure accessory thereto. EXCEPTION: Open, free standing parking structures, whether or not such structures exceed two (2) stories in height, constructed of non-combustible materials entirely above grade, and meeting all of the provisions of the building code of the City of Santa Ana and National Fire Protection Association Standard 88 A, need not be provided with automatic fire sprinklers unless such sprinklers would be required due to the area and height limitations of the building code of the City of Santa Ana, Table No. 7A, or the estimated fire flow exceeds five thousand five hundred (5500) gallons per minute. Where a conflict exists between the building code of the City of Santa Aha and National Fire Protection Association Standard No. 88 A, the more restric- tive requirements shall apply. (3) An automatic sprinkler system must be installed in any portion of a building, whether newly constructed or preexisting, in which either of the following uses is initiated: (a) A place of public assemblage which provides for the gathering together of one hundred (100) or more persons, for such purposes as deliberation, education, instruction, workshop activities, entertainment, amusement, or the awaiting of transportation, or in a dining or drinking establishment; (b) A Group H occupancy, as defined in the building code of the City of Santa Ana. SECTION 4. That Section 14-18 of the Santa Ana Municipal Code is hereby repealed. SECTION 5. The amendment of Section 12.107, the addition of subsection (b) to Section 12.106, and the addition of subsection (b) to Section 12.110, of Article 12 of the Uniform Fire Code, as such amendment and additions are set forth in SECTION 2 of this ordinance, amending ORDINANCE NO. NS- 1630 PAGE SEVEN Section 14-5 of the Santa Ana Municipal Code, shall not become operative until August 1, 1982. SECTION 6. 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 jurisdiction, 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, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 7. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the operative date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provision 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. ADOPTED this 7th day of June , 1982, by the following vote: ATTEST: COUNCILMEMBERS: Bricken Ave Luxembourger Ave Acosta Serrato Griset Ave Markel Aye McGuigan Ave APPROVED AS TO FORM: CITY ATTORNEY~