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Ordinance No. 44// • ORDINANCE NO. 44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, ADOPTING BY REFERENCE AND AMENDING THE 1991 EDITION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, HAZARDOUS MATERIALS OR EXPLOSION; PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS; AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFORE AND DEFINING THEIR POWERS AND DUTIES. WHEREAS, a noticed public hearing has been held by the City Council, at which time all interested persons had the opportunity to appear and be heard on the matter of amending the Uniform Fire Code and Uniform Fire Code Standards, 1991 Edition, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, DOES ORDAIN AS FOLLOWS : Section 1. ADOPTION OF UNIFORM FIRE CODE. There is hereby adopted by the City of Chino Hills for the • purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain Code and Standards known as the Uniform Fire Code, including Appendix Chapters I-C, II-A, II-B, II-C, II-D, II-E, III-A, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F, and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1991 editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 5 of this ordinance one (1) copy of which the Code and Standards have been and are now filed in the office of the City Clerk and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the City of Chino Hills . Section 1A. Findings The City Council finds that the requirements set out here are reasonable and necessary modifications because of climatic, geological and topographical conditions within the City of Chino Hills . The "Findings of Need" contained herein address each of • these conditions and present the local situation which cause the established amendments to be adopted. 2 411 1 . The climate weather patterns within the City are a factor making the amendments reasonably necessary. Frequent periods of drought and low humidity add to the fire danger. 2 . During the summer months, the dry winds and existing vegetation mix to create a hazardous fuel condition which has resulted in large loss vegetation and structure fires . Summer temperatures exceeding 100° and severe "Santa Ana" winds frequently occur and can move a fire quickly throughout areas of the City. Multiple shifting wind patterns throughout the canyon areas add to the difficulty in suppressing fires . 3 . Because of weather patterns, the City (like other Southern California cities) has experienced a need for water conservation. Due to storage capacities and consumption, and a limited amount of rainfall, future water allocation is not fully dependable. While sound management of the water resources is possible, demands and possible critical depletions on an already stressed water supply can most assuredly be predicted. 4 . The topographical features located throughout the City also make the amendments reasonably necessary. Located • through the City are major roadways, highways and flood control channels which create barriers and slows response times . Another unique factor which creates barriers and slows response times are the multiple canyons located in the City. Due to the sloping present in the valley the City is located in, as well as the present street and storm drain design, heavy rainfall causes roadway flooding and landslides and at times may make an access route impassable. 5 . The City has within its boundaries potentially active seismic hazards . Seismic activity within the City occurs yearly and a fire potential exists with these active faults . Existing structures and planned new development are at serious risk from these faults . 6 . Structures in close proximity to each other pose an exposure problem which may cause a fire to spread from one structure to another. 7 . For practicality and cost reasons, many new structures are built of wood (Type V) construction. Many existing structures also have wood shake roofs . The potential for a conflagration exists due to the design and density of current structures . • - 2 - I • 8 . Electrical supply and telephone communication failures occur due to high winds as well as other reasons . Water supply pumps and early notification of a fire cannot always be counted on. Section 2 . ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED. (a) Pursuant to Section 79 . 501 and 79 . 1001 of the Uniform Fire Code , the storage of flammable and combustible liquid in outside above-ground tanks is prohibited in all commercial occupancy areas, developed residential areas, and other areas where the fire chief having jurisdiction determines that the installation of flammable and combustible above-ground storage tanks will create a hazard to occupants and property owners in the area. Deviation to these requirements may be allowed only upon specific written findings by the chief . (b) Pursuant to Section 79 . 1401 of the Uniform Fire Code, new bulk plants for flammable and combustible liquids shall be prohibited in all commercial districts, 111 closely built commercial areas and heavily populated areas . The fire chief having jurisdiction shall be the final determining authority. See Section 1A. FINDINGS (2, 3, 4, 5, 6, 8) Section 3 . ESTABLISHMENTS OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED. Pursuant to Section 82 . 104 of the Uniform Fire Code, the aggregate capacity of any one installation for the bulk storage of liquefied petroleum gases shall not exceed two thousand (2, 000) water gallons in residential areas . In non-residential areas, when, in the opinion of the fire chief having jurisdiction, the location of bulk storage of liquefied petroleum gases would create a threat to the occupants and property owners, the aggregate storage capacity of liquefied petroleum gas shall also be limited to two thousand (2 , 000) water gallons . See Section 1A. FINDINGS (2, 3, 4, 5, 6, 8) Section 4 . ESTABLISHMENTS OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE • PROHIBITED. - 3 - • Pursuant to Section 77 . 107 (a) of the Uniform Fire Code, the storage of explosives and blasting agents is prohibited in principal business districts, closely built commercial areas and heavily populated areas . The determination of the fire chief having jurisdiction shall be final . See Section 1A. FINDINGS (2, 3, 4, 5, 6) Section 5 . AMENDMENTS MADE IN THE UNIFORM FIRE CODE. (a) Section 2 .101 of the Uniform Fire Code is hereby amended to read as follows : Authority for Enforcement Section 2 .101. (a) The chief , as defined in Section 9 . 105, shall be responsible for the administration and enforcement of this Code. Under the chief' s direction, the fire department is authorized to enforce all ordinances of the jurisdiction and the laws of the State pertaining to: 1 . The prevention of fires . 2 . The suppression or extinguishing of dangerous • or hazardous fires . 3 . The storage, use and handling of hazardous materials . 4 . The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment . 5 . The maintenance and regulation of fire escapes . 6 . The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property, including those under construction. 7 . The maintenance of exits . 8 . The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials . • - 4 - (b) Section 2 .109 of the Uniform Fire Code is hereby amended to read as follows : Liability for Damages. Section 2 .109 . (a) The chief and other individuals charged by the chief with the control or extinguishment of any fire, the enforcement of this code or any other official duties, acting in good faith and without malice in the discharge of their duties, shall not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of their duties . Any suit brought against the chief or such individuals because of such act or omission performed in the enforcement of any provision of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by the fire department until final termination of such proceedings, and any judgment resulting • therefrom shall be assumed by the fire department . This code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects, nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this code or any permits or certificates issued under this code . (b) Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with California Health and Safety Code Subsections 13009 (a) and 13009 . 1, as those may be amended from time to time. (c) Any person who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for • the costs of securing such emergency. - 5 - • Any expense incurred by the City or fire department for securing such an emergency situation shall constitute a debt of such person and shall be collectible by the public agency in the same manner as in the case of an obligation under contract, expressed or implied. (c) Section 2 .203 of the Uniform Fire Code is hereby amended to read as follows: Investigations. Section 2 .203 . The fire department shall investigate promptly the cause, origin and circumstances of each and every fire or explosion occurring in the jurisdiction involving loss of life or injury to person or destruction or damage to property and, if it appears to the bureau of investigation that such fire or explosion is of suspicious origin, they are authorized to take immediate charge of all physical evidence relating to the cause of the fire or explosion and are authorized to pursue the investigation to its conclusion. • The chief is authorized to investigate the cause, origin and circumstances of unauthorized releases of hazardous materials . The law enforcement entity providing Police services to the City is authorized to assist the fire department in its investigations when requested to do so by the chief . (e) Section 2 .303 of the Uniform Fire Code is hereby amended to read as follows : Board of Appeals. Section 2 .303 . (a) To determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, whenever the chief of the fire department shall disapprove of an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true meaning of the Code has been misconstrued or wrongly interpreted, • - 6 - • the applicant may appeal from the decision of the fire department to an Appeals Board within thirty (30) days from the date of the decision appealed. Any person who believes that strict compliance with an order to correct a fire or life hazard may, within ten (10) days after service, present a written request to the Appeals Board for a hearing to review that order and the reasons therefor. Within thirty (30) days of receipt of the request the Appeals Board shall conduct such hearing. Three representatives, appointed by the Board of Directors of the Chino Valley Independent Fire District and two representatives, appointed by the Chino Hills City Council shall serve on the appeals board. (b) The effect of the interpretation or enforcement to be reviewed shall be suspended until the termination of the hearing unless the chief determines that to do so would create a threat to health and safety. (c) Upon receipt of a request for hearing the Chairman of the Appeals Board shall fix the • time and place of the hearing which shall be at a meeting of the Appeals Board held not less than ten (10) nor more than thirty (30) days after the date of filing of the request for hearing. The Appeals Board shall give written notice of the time and place of the hearing to the initiating party and the chief . Witnesses may be sworn and examined and evidence produced, and parties may be represented by counsel . The Appeals Board shall keep a record of the proceedings of each hearing. The Appeals Board shall issue written find- ings and a decision within fifteen (15) days of the conclusion of the hearing which shall be mailed to the parties first class mail, postage prepaid, at such addresses as they have provided. (d) The fire department involved shall act as staff to the Board of Appeals and for that purpose may determine and set fees to charge the appellant to cover the cost of preparation of the record for appeal . • - 7 - • A summary of costs shall be compiled and sent to the appellant after all appeal rights have been exhausted. Any refund due the appellant shall be returned within sixty (60) days of sending the summary. (f) Section 2 .304 (b) of the Uniform Fire Code is hereby amended by adding the following to the listing of recognized standards: NATIONAL FIRE PROTECTION ASSOCIATION Batterymarch Park, Quincy, MA 02269 NFPA National Fire Codes (g) Section 4 .108 of the Uniform Fire Code is hereby amended by the addition of the following: f.2 .1. Fixed Hood and Duct Extinguishing Systems . To install or maintain any such system. See Article 10 . (h) Section 4 .108 of the Uniform Fire Code is hereby amended by the addition of the following: p.0.1. Pallet Storage. Handling, repair or manu- facturing of combustible pallets in excess of one hundred (100) units at any one site. (i) Section 9 .103 of the Uniform Fire Code is hereby amended by the addition of the following to the list of definitions : ALL-WEATHER DRIVING SURFACE is an approved con- crete or asphalt covering over base material and a roadbed compacted to 950, and of sufficient thickness to support the imposed loads of fire apparatus . (j) Section 9 .104 of the Uniform Fire Code is hereby amended by the addition of the following to the list of definitions: BED AND BREAKFAST: See Lodging House . (k) Section 9 .108 of the Uniform Fire Code is hereby amended by amending the definition of "FALSE ALARM" to read as follows : FALSE ALARM is the reporting of an alarm for which no such fire or emergency actually exists . • - 8 - • (1) Section 9 .108 of the Uniform Fire Code is hereby amended by amending the definitions of "FIRE" to read as follows: FIRE is the combustion of material other than deliberate combustion for normal operation of a property. (m) Section 9 .109 of the Uniform Fire Code is hereby amended by the addition of the following to the list of definitions: GOVERNING BODY OR GOVERNING AUTHORITY as used herein shall be that body created by statute or administrative act to govern a fire department . (n) Section 9 .110 of the Uniform Fire Code is hereby amended by amending the definition of "HIGH EXPLOSIVE" to read as follows : HIGH EXPLOSIVE is explosive material, such as dynamite, which can be caused to detonate . (o) Section 10.203 of the Uniform Fire Code is hereby amended to read as follows: • Required Access . Section 10 .203 . Fire apparatus access roads shall be provided for every building hereafter constructed . The access roadway shall be extended to within one hundred fifty (150) feet of, and shall give reasonable access to, all portions of the exterior walls of the first story of any building. An access road shall be provided within fifty (50) feet of all buildings if natural grade between the access road and building is in excess of thirty percent (300) . Where the access roadway cannot geographically be provided, approved fire protection system or systems shall be provided as required and approved by the chief . (p) Section 10.204 (b) of the Uniform Fire Code is hereby amended to read as follows: (b) Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all-weather surface driving capabilities . Turf block, Ritter Rings, Turf Paver and other similar products shall be installed and maintained to standards approved by • the fire department . - 9 - • (q) Section 10.204 (f) of the Uniform Fire Code is hereby amended to read as follows: (f) Grade. The gradient for a fire apparatus access road shall not exceed twelve (12) percent unless approved by the chief . (r) Section 10 .205 of the Uniform Fire Code is hereby amended to read as follows : Obstruction. Section 10.205 . Access roads, private roadways, and public roadways shall be provided and maintained in a passable condition at all times . Any obstruction or impedance to reasonable access may be repaired or removed forthwith by any public safety agency and the expense of repair or removal is to be borne by the owner of the roadway, excepting those roads owned or operated by the City of Chino Hills, or in the case of an obstructing vehicle or object by the owner of said vehicle or object . (s) Section 10.207 of the Uniform Fire Code is hereby amended by the addition of the following: • Access Into Gated Communities. Section 10.207 . All private or non-private developments where electronically controlled vehicle access gates or traffic control barriers are installed shall conform to the standards of the Fire Department and be approved by the chief . (t) Section 10.304 (b) of the Uniform Fire Code is hereby amended to read as follows : Access door(s) shall be provided at near ground level for firefighting purposes in accordance with the Building Code . There shall be at least one door not less than three (3) feet in width and not less than six (6) feet eight (8) inches in height in each one hundred (100) lineal feet or major fraction thereof of the exterior wall which faces the access roadway. Metal roll-up doors are not acceptable for such purposes unless approved by the chief . For access doors for high-piled combustible storage, see Section 81-109 (b) . • 10 - • (u) Section 10.402 of the Uniform Fire Code is hereby amended to read as follows : Type of Water Supply. Section 10.402 . Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required fire flow. In setting the requirement for fire flow, the chief may be guided by the provisions in Appendix III-A and the modifications allowed by the Insurance Services Office Commercial Risk Services guideline . In areas without service water companies, build- ings in excess of 500 square feet shall be provided with an approved NFPA 13, 13D or 13R sprinkler system. On-site water storage for occupancies other than Group R Division 3 may be reduced to an approved thirty (30) minute sprinkler demand. Group R Division 3 occupancies shall require a ten (10) minute sprinkler demand. These flows and duration do not consider the needs required to provide domestic service. All sprinkler systems shall be suitably freeze protected for climatic conditions . When approved by the chief, • detached Group M occupancies may be excluded. Where buildings are designated as a Bed and Breakfast facility, an approved NFPA 13 or 13R fire sprinkler system is required. See Section 1A. FINDINGS (1, 2, 3, 4, 5, 6, 7, 8) (v) Section 10 . 501 (a) of the Uniform Fire Code is hereby amended to read as follows : Type Required. Section 10.501. (a) The chief is authorized to designate the type and number of fire appliances to be installed and maintained in and upon all buildings and premises in the jurisdiction. This designation shall be based upon the relative severity of probable fire, including the rapidity with which it may spread. Such appliances shall be of a type suitable for the probable class of fire associated with such building or premises and shall have approval of the chief . See Section 1A. FINDINGS (1, 2, 3, 4, 5, 6, 7, 8) • 11 - III (w) Section 10 .505 (d) of the Uniform Fire Code is hereby amended by the addition of the following: (d) Service. All portable fire extinguishers required by the fire department shall be serviced annually by a fire extinguisher service contractor licensed by the California State Fire Marshal' s Office . (x) Section 10.507 of the Uniform Fire Code is hereby amended to read as follows: Required Installations of Automatic Fire-extinguishing Systems. Section 10.507 . (a) General. An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in this section. For provisions on special hazards and hazardous materials, see Sections 10 . 501 and Articles 45, 48, 49 and 80 . (b) All Occupancies except Group R, Division 3 and Group M. Except for Group R, Division 3 • and Group M Occupancies, an automatic sprinkler system shall be installed: 1 . Throughout all buildings having an area of 7, 500 square feet or more regardless of the use of area separation walls . EXCEPTION: The use of four-hour fire resistive construction without openings . 2 . In every story or basement of all buildings when the floor area exceeds 1, 500 square feet and there is not provided at least 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall in the story or basement on at least one side of the building. Openings shall have a minimum dimension of not less than 30 inches . Such openings shall be accessible to the fire department from the exterior and shall not be obstructed in a manner that firefighting or rescue cannot be accomplished from the • exterior. - 12 - III When the openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet from such openings, the story shall be provided with an approved automatic sprinkler system, or openings as specified above shall be provided on at least two sides of an exterior wall of the story. If any portion of a basement is located more than 75 feet from openings required in this section, the basement shall be provided with an approved automatic sprinkler system. 3 . At the top of rubbish and linen chutes and in their terminal rooms . Chutes extending through three or more floors shall have additional sprinkler heads installed within such chutes at alternate floors . Sprinkler heads shall be accessible for servicing. 4 . In rooms where nitrate film is stored or • handled. 5 . In protected combustible fiber storage vaults as defined in this Code. 6 . In all automobile parking areas which' are located beneath any structure used for human occupancy regardless of area in accordance with N. F.P.A. Standard 13- D amended to provide sprinkler coverage in the ration of 100 square feet of floor area per sprinkler head. EXCEPTION: Private garages in conjunction with R-3 Occupancies described as single family detached dwelling units . 7 . Fire protection systems in the aforementioned sections will be required to be tested in accordance with State Fire Marshal regulations and after any major repair or modification. 411 - 13 - • The system certification and maintenance records must be provided to the Fire Department . Neither the City nor the Fire Department shall be held liable for any conditions arising from such tests . (c) Group A Occupancies . 1 . Drinking establishments. An automatic sprinkler system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds 5, 000 square feet . For uses to be considered as separated, the separation shall not be less than as required for a one-hour occupancy separation. The area of other uses shall be included unless separated by at least a one-hour occupancy separation. An automatic fire sprinkler system shall be installed throughout all buildings having an area of 7, 500 square feet or • more regardless of the use of area separation walls . EXCEPTION: The use of four-hour fire resistive construction without openings . 2 . Stairs. An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in Group A, Divisions 2, 2 . 1, 3 and 4 Occupancies . 3 . Multitheater Complexes. An automatic fire sprinkler system shall be installed in every building containing a multitheater complex. 4 . Amusement Buildings. An automatic sprinkler system shall be installed in all amusement buildings . The main water-flow switch shall be electrically supervised. The sprinkler main cutoff valve shall be supervised. When the amusement building is temporary, the sprinkler water-supply system may be of an approved temporary type . • - 14 - • EXCEPTION: An automatic sprinkler system need not be provided when the floor area of a temporary amusement building is less than 1, 000 square feet and the exit travel distance from any point is less than 50 feet . 5 . Other Areas. An automatic sprinkler system shall be installed under the roof and gridiron, in the tie and fly galleries, and in all places behind the proscenium wall of stages; over and within permanent platforms in excess of 500 square feet in area; and in dressing rooms, workshops and storerooms accessory to such stages or permanent platforms . EXCEPTIONS: 1 . Stages or platforms open to the auditorium room on three or more sides . 2 . Altars, pulpits or similar • platforms and their accessory rooms . 3 . Stage gridirons when side-wall sprinklers with 135°F rated heads with heat-baffle plates are installed around the entire perimeter of the stage except for the proscenium opening at points not more than 30 inches below the gridiron or more than 6 inches below the baffle plate . 4 . Under stage or under platform areas less than 4 feet in clear height used exclusively for chair or table storage and lined on the inside with materials approved for one- hour fire-resistive construction. • - 15 - III (d) Group B, Division 2 Occupancies. 1 . An automatic sprinkler system shall be installed throughout all buildings having an area of 7, 500 square feet or more regardless of the use of area separation walls . EXCEPTION: The use of four-hour fire resistive construction without openings . 2 . The area of mezzanines shall be included in determining the areas where sprinklers are required. (e) Group E Occupancies. 1 . Basements . An automatic sprinkler system shall be installed in basements classified as a Group E Occupancy when the basement is larger than 1, 500 square feet in floor area. An automatic sprinkler system shall be installed throughout all buildings having an area of 7, 500 square feet or more regardless of the use of area separation walls . EXCEPTION: The use of four-hour fire • resistive construction without openings . 2 . Stairs. An automatic sprinkler system shall be installed in enclosed usable space below or over a stairway in Group E Occupancies . (f) Group H Occupancies. 1 . Divisions 1, 2, 3 and 7 . An automatic fire- extinguishing system shall be installed in Group H, Divisions 1, 2, 3 and 7 Occupancies . 2 . Division 4 . An automatic fire-extinguishing system shall be installed in Group H, Division 4 Occupancies having a floor area of more than 3 , 000 square feet . 3 . Division 6 . An automatic fire-extinguishing system shall be installed throughout buildings containing Group H, Division 6 Occupancies . The design of the sprinkler system shall not be less than that required by the Building Code for the occupancy hazard classifications as follows : 411 - 16 - OCCUPANCY HAZARD LOCATION CLASSIFICATION Fabrication areas Ordinary Hazard Group 3 Service corridors Ordinary Hazard Group 3 Storage rooms without dispensing Ordinary Hazard Group 3 Storage rooms with dispensing Extra Hazard Group 2 Exit corridors Ordinary Hazard Group 31 'When the design area of the sprinkler system consists of a corridor protected by one row of sprinklers, the maximum number of sprinklers that need to be calculated is 13 . (g) Group I Occupancies. An automatic sprinkler system shall be installed in all Group I Occupancies . EXCEPTION: In jails, prisons and reformatories, the piping system may be dry, provided a manually operated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements or the system shall be designed as required for deluge systems . . See U.B.C. • Standard No. 38-1 . (h) Group R, Division 1 Occupancies. An automatic sprinkler system shall be installed throughout all new construction and additions . Existing buildings shall be retrofitted throughout with automatic sprinklers when the new addition is 50% or greater of the original building square footage. Automatic sprinkler system installation shall be in accordance with the standard for installation of sprinkler systems, U.B.C. Standard 38-3, 1991 . Residential or quick- response standard sprinkler heads shall be used in the dwelling unit and guest room portions of the building. (i) Group R, Division 3 Occupancies. A two (2) hour separation wall shall be installed in every newly constructed two-family dwelling units . See Section 1A. FINDINGS (1, 2, 3, 4, 5, 6, 7, 8) (y) Section 10 .513 (b) of the Uniform Fire Code is hereby amended to read as follows: 411 - 17 - III (b) Extent of Protection. The fire-suppression system used to protect ventilating hoods and ducts and cooking appliances shall be installed to include cooking surfaces, deep fat fryers, griddles, upright broilers, charbroilers, range tops, grills, woks, open pizza ovens and other similar grease-laden vapor producing appliances . Protection shall also be provided for the enclosed plenum space within the hood above filters and exhaust ducts serving the hood. EXCEPTION: That portion of the fire-suppression system required for protection of the plenum space within the hood beyond the filter and within the exhaust duct serving the hood may be omitted when approved listed grease extractors are installed. (z) Section 11.302 (e) of the Uniform Fire Code is hereby amended by the addition of the following: (a) Rubbish within and Adjacent to Buildings and Structures. Combustible rubbish kept or accumulated within or adjacent to buildings or structures shall be stored in approved containers or in rooms or vaults constructed of • noncombustible materials . Oily rags and similar materials shall be stored in metal, metal-lined or other approved containers equipped with tightfitting covers . Combustible rubbish stored in containers shall be removed from buildings not less than once each working day. EXCEPTION: Commercial rubbish handling operations shall be in accordance with Section 11 .302 (c) . (b) Rubbish within Dumpsters. Dumpsters and containers with an individual capacity of 1 . 5 cubic yards (40 . 5 cubic feet) or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eave lines . EXCEPTIONS: 1 . Areas containing dumpsters or containers protected by an approved automatic sprinkler system. 2 . Structures of Types I and II fire-resistive construction used for dumpsters or container storage located not less than 10 feet from other buildings . • - 18 - • (c) Commercial Rubbish Handling Operations. Occupancies exclusively performing commercial rubbish handling or recycling shall maintain rubbish or product to be processed or recycled as follows : 1 . In approved vaults . 2 . In covered metal or metal-lined receptacles or bins, or 3 . Completely baled and stacked in an orderly manner in an approved location. (d) Combustible Vegetation. Cut or uncut weeds, grass, vines and other vegetation shall be removed when determined by the chief to be a fire hazard. When the chief determines that total removal of growth is impractical due to size or environmental factors, approved fuel breaks shall be established. Designated areas shall be cleared of combustible vegetation to establish the fuel breaks . (e) In the event that abatement is not performed as • required in subsections (a) and (d) of this section, the governing body may instruct the chief to give notice to the owner of the property upon which such condition exists to correct such prohibited condition, and if the owner fails to correct such condition the governing body may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists . (aa) Section 11.303 (f) 2 . of the Uniform Fire Code is hereby amended to read as follows: 2 . Individual piles. Tires shall be restricted to individual piles not exceeding 2 , 500 square feet of continuous area. Piles shall not exceed 25, 000 cubic feet in volume or 10 feet in height . See Section IA. FINDINGS (1, 2, 3, 4, 6, 8) (bb) Section 11.303 (f) 4 . of the Uniform Fire Code is hereby amended by the addition of the following: 4 . Fire Protection. Shall be in accordance with Section 10 .403 . - 19 - III (cc) Section 11.505 of the Uniform Fire Code is hereby amended to read as follows : Chimney Spark Arresters. Section 11.505 . (a) Chimneys used with fireplaces or heating appliances in which solid or liquid fuel is used shall be equipped and maintained with an approved spark arrester . The net free area of the spark arrester shall not be less than four (4) times the net free area of the outlet of the chimney. (b) An approved spark arrester shall mean a device constructed of stainless steel, copper, brass or woven galvanized wire mesh. The spark arrestor screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel . Openings shall not permit the passage of spheres having a diameter larger than 1/2 inch and shall not block the passage of spheres having a diameter of less than 3/8 inch. • The screen shall be mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground. See Section 1A. FINDINGS (1, 2, 3, 4, 6, 7, 8) (dd) Section 25 .116 (c) 11 of the Uniform Fire Code is hereby amended to read as follows : (c) 11 . Candles held in persons' hands are especially dangerous and shall not be permitted. Battery-operated simulated candles are available and may be used. No permit is required for battery-operated candles or other electric candles . (ee) Section 25 .117 of the Uniform Fire Code is hereby amended to read as follows : • - 20 - • Section 25 .117 . Standby Personnel . When, in the opinion of the chief, it is essential for public safety that fire department personnel be present in any place of public assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall reimburse the fire department for one or more qualified persons, as required and approved by the chief, to be on duty at such place. Such individuals shall be subject to the chief' s orders at all times when so employed and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, such individuals shall inspect the required fire appliances provided to see that they are in proper place and in good working order, and shall keep diligent watch for fires during the time such place is open to the public or such activity is being conducted and take prompt measures for extinguishment of fires that may occur. Qualified persons shall also perform, as required, emergency medical care. Such individuals shall not be required or permitted, while on duty, to perform any other duties than those herein specified. • (ff) Section 25 .502 of the Uniform Fire Code is hereby amended by the addition of the following: (a) General. Display of liquid- and gas-fueled vehicles and equipment inside an assembly occupancy shall be in accordance with this section. (b) Batteries . Batteries shall be disconnected in an approved manner. (c) Fuel Systems. 1 . Fueling. Vehicles or equipment shall not be fueled or defueled within the building. 2 . Quantity limit. Fuel in the fuel tank shall not exceed one quarter of the tank capacity or 5 gallons, whichever is less . 3 . Inspection. Fuel systems shall be inspected for leaks . 4 . Closure. Fuel-tank openings shall be locked and sealed to prevent the escape of vapors . i - 21 - (d) Location. The location of vehicles or equipment shall not obstruct or block exits . (e) Fire Extinguishers. A minimum of one (1) fire extinguisher with a rating of not less than 4-A:40-B:C shall be provided. (gg) Section 25 .503 of the Uniform Fire Code is hereby amended by the addition of the following: (a) General. Liquid- and gas-fueled vehicles and equipment used for competition or demonstration within an assembly occupancy shall be in accordance with this section. (b) Fuel Storage. Fuel for the vehicles or equipment shall be stored in approved containers in an approved location outside of the building. (c) Fueling. Refueling shall be performed outside of the building at an approved site . (d) Spills. Fuel spills shall be cleaned up immediately. • (e) Fire Extinguishers. A minimum of one (1) fire extinguisher with a rating of not less than 4-A:40-B:C shall be provided. (hh) Section 28 .105 of the Uniform Fire Code is hereby amended to read as follows: Section 28 .105 . Storage of Agricultural Products . It shall be unlawful to store hay, straw or other similar agricultural products adjacent to property lines, buildings or combustible materials unless a cleared horizontal distance equal to the height of pile or twenty (20) feet, whichever is greater, is maintained between such storage and combustible material and buildings . A permit shall not be required for such storage. Storage shall be limited to stacks of 100 tons each. Either an approved one-hour occupancy separation constructed as specified in the Building Code or a clear space of 20 feet shall be maintained between such stacks . See Section 1A. FINDINGS (1, 2, 3, 4, 6, 7, 8) • - 22 - (ii) Section 29 .104 (c) of the Uniform Fire Code is hereby amended to read as follows: (c) Crankcase Drainings. Tanks installed for crankcase drainings shall be installed in accordance with the requirements for Class I liquid storage . In addition thereto, drainage lines terminating inside a building shall be equipped with a nonremovable-type cap (such as a hinged cap) . (jj ) Section 29 .104 (d) of the Uniform Fire Code is hereby amended by the addition of the following: (d) Waste Oil . Crankcase drainings and waste oil products may be stored in an above-ground tank as approved by the chief . Drainings and used oils may also be stored outside a building in not more than three tight drums having an aggregate capacity not exceeding one hundred and eighty (180) gallons . (kk) Section 30.104 (a) of the Uniform Fire Code is hereby amended to read as follows : • Fire Protection In Open Yards and Buildings (a) Water Supply. An approved water-supply. and fire hydrants capable of supplying 3000 gpm fire flow for three (3) hours shall be provided to within 150 feet of a 11 portions of the yard. See Section 1A. FINDINGS (1, 2, 3, 4, 6, 8) (11) Section 30 .106 of the Uniform Fire Code is hereby amended by the addition of the following: Section 30 .106 . Pallet Yards . (a) Pallet storage, handling, repair or manufacturing shall comply with the require- ments of this Article . (b) For permits to store, handle, repair or manufacture pallets, see Section 4 . 108 . (mm) Section 35 .104 (c) of the Uniform Fire Code is hereby amended by amending the EXCEPTION to read as follows: (c) Fueled Equipment. Liquid- or gas-fueled appliances, tools, apparatus, craft or vehicles shall not be located in a mall . • - 23 - • EXCEPTION: When approved by the chief, liquid- or gas- fueled appliances, tools, apparatus, craft or vehicles are allowed to be displayed within the mall . Displays shall meet the requirements of Article 25, Division V. (nn) Section 77 .103 (a) of the Uniform Fire Code is hereby amended to read as follows: (a) Required. Permits shall be obtained from the San Bernardino County Sheriff' s Department . 1 . To manufacture, possess, store, sell, display or otherwise dispose of explosive, blasting agents or phosphoric compounds . 2 . To transport explosive or blasting agents . 3 . To use explosive or blasting agents . 4 . To operate a terminal for handling explosive or blasting agents . 5 . To deliver to or receive explosives or blasting agents from a carrier at a terminal • between the hours of sunset and sunrise . 6 . To transport blasting caps or electric blasting caps on the same vehicle with other explosives . See Section 4 . 108 . (oo) Section 77 .103 (c) and (d) of the Uniform Fire Code is hereby amended by the addition of the following: (c) In addition to the requirements as set forth in this Article, the law enforcement entity providing Police services to the City or the fire department may, for the safety and security of explosives and the public, set additional requirements for a permit application. (d) The San Bernardino County Sheriff' s Department shall notify the fire department when any application has been made for an explosives permit for a specific location and purpose. No permit shall be issued without the approval of the Fire Department . • - 24 - III (pp) Section 77 .105 of the Uniform Fire Code is hereby amended to 77 .105 (a) and Subsection 77 .105 (b) is hereby added to read as follows: (a) When a new explosive material storage or manufacturing location, including a temporary jobsite, is established, the local law enforcement agency, fire department and emergency planning committee shall be notified immediately of the type, quantity and location of explosive materials at the site. (b) For the purpose of this part, temporary storage shall mean no longer than four (4) hours or the end of the work day, whichever time is less . (qq) Section 77 .201 (a) of the Uniform Fire Code is hereby amended to read as follows: Section 77 .201. (a) Magazines Required. Explosive materials shall be stored in magazines in accordance with this division. • Magazines shall at all times be in the control of a person holding a valid explosives permit who shall be at least twenty one (21) years of age and who shall be held responsible for compliance with all safety precautions . (rr) Section 77 .201 (k) of the Uniform Fire Code is hereby amended to read as follows : (k) Deteriorated Material Handling. When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or when a liquid has leaked from an explosive material, the person in possession of such explosive material shall immediately contact the material' s manufacturer and the chief . The work of destroying explosive materials shall be directed by persons experienced in the destruction of explosive materials . Explosive materials recovered from blasting misfires shall be placed in a separate and empty magazine until an experienced person has determined the method of disposal . Only persons holding a valid explosives permit shall do the work of destroying • explosives . - 25 - 411 (ss) Section 77 .202 (a) of the Uniform Fire Code is hereby amended to read as follows: Section 77 .202 (a) . (a) General. To the extent that the same is not pre-empted by Federal law, indoor storage and display of gunpowder and ammunition for retail sales shall be in accordance with this section. 1 . Storage. The chief may authorize the storage of smokeless powder not to exceed one hundred (100) pounds, black sporting powder not to exceed twenty five (25) pounds, and up to seven hundred fifty thousand (750, 000) small arms primers in approved Class II magazines in approved establishments . Smokeless powder exceeding twenty (20) pounds shall be stored in an approved Class II magazine. Black sporting powder, when authorized, • shall be stored in an approved Class II magazine. Small arms primers shall be stored in a manner prescribed by the chief . 2 . Display. The maximum quantities, stor- age conditions, and fire protection requirements for gunpowder and ammunition displayed in a building shall be as follows : A. Smokeless powder--twenty (20) pounds in original containers . Containers shall not exceed one (1) pound. B. Black powder-- one (1) pound in original one (1) pound container. C. Small arms primers or percussion caps--10, 000 in a nonsprinklered building; 25, 000 in a sprinklered building. 410 - 26 - (tt) Section 77 .202 (b) of the Uniform Fire Code is hereby amended to read as follows : (b) Magazine Size. Indoor magazines shall not be of a size greater than the exit door or contain more than one hundred (100) pounds of explosive materials . (uu) Section 77 .202 (c) of the Uniform Fire Code is hereby amended to read as follows: (c) Powder. The amount of powder stored in an indoor magazine shall not exceed one hundred (100) pounds . (vv) Section 77 .203 of the Uniform Fire Code is hereby amended to read as follows: Section 77 .203 . (a) Class I Magazines . A magazine may be a building or excavation, tunnel or igloo, or military type magazine or a portable magazine constructed as required in this section. (b) Class I magazines shall be bullet resistant, • fire resistant, weatherproof, theft resistant and well ventilated. (c) Building type magazines shall be constructed of masonry, wood, metal or a combination of these materials . 1 . Masonry units not less than eight (8) inches in thickness with all hollow spaces filled with concrete, well tamped sand or equivalent material, or 2 . Reinforced concrete not less than six (6) inches in thickness, or 3 . Steel walls of minimum manufacturer' s standard gauge No. 14 (0 . 0747 inch) may be used, provided there are two layers spaced at least six (6) inches apart with all hollow spaces filled with concrete, well tamped sand or equivalent material, or • - 27 - III 4 . One layer of manufacturer' s standard gage No. 6 (0 . 1943 inch or heavier steel, lined on the interior with a minimum of four (4) inches of wood, or 5 . Two layers of manufacturer' s gage No. 6, or heavier steel, spaced a minimum 1/2 inch apart and lined on the interior with a minimum of two (2) inches of wood, or 6 . The roof shall also be protected. (d) Doors shall be of bullet resistant construction and shall be installed in such a manner that the hinges and hasps cannot be removed when the doors are locked and closed. Doors shall be equipped with substantial and approved means of locking. Each door shall be equipped with separate locks or a lock requiring two separate keys . All padlocks shall be protected with steel caps constructed so as to prevent sawing or lever action on the locks or hasps . • (e) Floors of magazines shall be securely fastened in place and shall be capable of withstanding the loads imposed. (f) Magazines shall be ventilated to minimize dampness and heating of stored explosives . Ventilation openings shall be screened with 14 mesh, No. 21 gage wire to prevent the entrance of sparks and shall be protected in a manner that will maintain the bullet resistance of the magazine . (g) Magazine interiors shall have a smooth finish with all nails, screws, bolts and nuts countersunk or blinded. (h) The approaches to magazines shall be provided with warning signs reading EXPLOSIVES - KEEP AWAY in red letters not less than four inches in height and a stroke of at least 5/8 inch. The lettering shall be imposed upon a white background. Location of signs shall be within 100 feet of the magazine and so placed that a bullet through the sign will not strike the • magazine . - 28 - (i) Post an additional warning sign on the door with the letters not less than two (2) inches in height and a stroke of 1/4 inch on a contrasting background reading EXPLOSIVES, DANGEROUS . (ww) Section 77 .204 of the Uniform Fire Code is hereby added to read as follows : Section 77 .204 . (a) Class II magazines shall be constructed of wood, metal, fiber or a combination thereof, or any equivalent construction. (b) Class II magazines shall be well constructed as follows : 1 . Two inch nominal thickness lumber, covered on the exterior with a minimum of No. 20 standard gage steel, or • 2 . Two thicknesses of 1 inch plywood cov- ered on the exterior with a minimum of No. 20 manufacturer' s gage steel, or 3 . Fiber equal in strength to wood as indicated in Items Nos . 1 and 2 above, covered on the exterior with a minimum of No. 20 manufacturer' s standard gage steel, or 4 . Minimum No. 14 manufacturer' s standard gage steel, lined on the interior with one layer of one (1) inch thick plywood, or 5 . Material of equal strength and fire resistance . (c) Class II magazines containing explosives and located in buildings shall be located for easy removal in case of fire and, when required by the chief, shall be equipped with approved wheels or casters . - 29 - • (d) Class II magazines shall be painted red and, when size permits, shall bear lettering in white on sides and top at least three (3) inches high and a 1/2 inch stroke which reads EXPLOSIVES . (e) Class II magazines containing explosives left at locations where no one is in attendance shall be adequately secured to prevent their theft . (xx) Section 77 .301 (b) of the Uniform Fire Code is hereby amended to read as follows : (b) The handling and firing of explosives shall be performed only by the person(s) possessing a valid explosives permit issued by the San Bernardino County Sheriff' s Department . (yy) Section 77 .301 (n) of the Uniform Fire Code is hereby added to read as follows : (n) Fire Department Notification. The fire department shall be notified prior to detonation of any • explosives . (zz) Section 77 .304 (d) of the Uniform Fire Code is hereby added to read as follows: (d) When a semi-trailer is used for the temporary storage of blasting agents at a storage site, the trailer must : 1 . Be fully licensed by the California Department of Motor Vehicles for the transportation of explosives . 2 . The king pin must be locked or the wheels removed. 3 . Each door must be equipped with a lock and hasp that is protected with a cover to prevent tampering. The cover is to be made of one-quarter (1/4) inch steel or equivalent gage steel . 4 . The hinges on each door must be secure to prevent tampering and access . 5 . Temporary storage for this part means less • than thirty (30) days . - 30 - 411 (aaa) Section 78 .104 of the Uniform Fire Code is hereby added to read as follows: Section 78 .104 . Seizure of Fireworks . The chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks, Class C fireworks, common fireworks and special fireworks offered or exposed for sale, stored or held in violation of this article. (bbb) Section 79 .507 (c) 4 .A. of the Uniform Fire Code is hereby amended to read as follows : (c) 4 .A. Where the average height of the dike containing Class I and Class II liquids is over twelve (12) feet measured from interior grade or where the distance between any tank and the top inside edge of the dike wall is less than the height of the dike wall, provisions shall be made for normal operation of valves and for access to tank roof (s) without entering below the top of the dike. These provisions may be met through the use of remote operated valves, elevated walkways or similar arrangements . (ccc) Section 79 .509 (c) 6 of the Uniform Fire Code is • added to read as follows: (c) 6 . The distance between the inside of any dike and the shell of any tank not over thirty (30) feet in diameter shall be not less than five (5) feet . For tanks over thirty (30) feet in diameter the distance shall be not less than ten (10) feet . (ddd) Section 79 . 903 (e) 2 of the Uniform Fire Code is hereby amended to read as follows: 2 . Nozzles. A listed automatic-closing-type hose nozzle valve with a latch-open device shall be provided on island-type dispensers used for dispensing Class I, II or III-A liquids . Overhead-type dispensing units shall be provided with a listed automatic-closing-type hose nozzle valve without a latch-open device . EXCEPTION: A listed automatic-closing-type hose nozzle valve with latch-open device is allowed to be used if the design of the system is such that the hose nozzle valve will close automatically in the event the valve is released from a fill opening or upon impact with a driveway. • - 31 - IIIWhere dispensing of Class I, II or III-A liquids is performed by someone other than a qualified attendant, a listed automatic-closing- type hose nozzle valve shall be used incorporating the following features : A. The hose nozzle valve shall be equipped with an integral latch-open device. B. When the flow of product is normally controlled by devices or equipment other than the hose nozzle valve, the hose nozzle valve shall not be capable of being opened unless the delivery hose is pressurized. If pressure to the hose is lost, the nozzle shall close automatically. EXCEPTION: Vapor-recovery nozzles incorporating insertion interlock devices designed to achieve shutoff upon disconnect with vehicle fill pipe . C. The hose nozzle shall be designed such that the nozzle is retained in the fill pipe during the filling operation. • (eee) Section 79 .907 of the Uniform Fire Code is hereby amended to read as follows: Section 79 .907 . Drainage and Waste Disposal . Control and Connection to Sewer. Provisions shall be made in the area where Class I, II or III-A liquids may be spilled to prevent liquids from flowing into interior of motor fuel-dispensing station buildings . Such provisions may be made by grading driveway, raising door sills, or other equally effective means . Crankcase drainings and flammable or combustible liquids shall not be dumped into sewers . (fff) Section 79 .1006 (d) of the Uniform Fire Code is hereby amended to read as follows: (d) Location. Tanks exceeding a 60-gallon capacity and containing Class I or II liquids shall be kept outside of and at least 50 feet from buildings, property lines and combustible storage. Additional distance shall be provided when necessary to ensure that vehicles, equipment and containers being filled directly from such tanks will be not less than 50 feet from structures, !II haystacks or other combustible storage . - 32 - • (ggg) Section 79 .1400 of the Uniform Fire Code is hereby added to read as follows : Section 79 .1400. Restricted Locations . Bulk plants shall be prohibited within the limits of districts in which such plants are prohibited by law. (hhh) Section 80 .114 of the Uniform Fire Code is hereby added to read as follows : Parking and Garaging. Section 80.114 . (a) Parking on Thoroughfare. Any vehicle containing hazardous materials shall not be left unattended on any residential street nor in or within five hundred (500) feet of any residential area, apartment or hotel complex, education, hospital or care facility at any time; or at any other place that would, in the opinion of the chief, present an extreme life hazard. • In locations other than those specified in this section, a driver shall not leave the vehicle unattended on any street, highway, avenue or alley. EXCEPTIONS: 1 . The necessary absence in connection with loading or unloading the vehicle, but during actual discharge from the vehicle, the provisions of Section 80 . 114 (b) shall apply. 2 . Stops for meals during the day or night, if the street is well lighted at the point of parking. 3 . When, in case of breakdown or other emergency, the operator must leave the vehicle to take necessary action to correct the emergency. • - 33 - (b) Parking off Thoroughfare. Any vehicle containing hazardous materials shall not be left unattended within five hundred (500) feet of any residential area, apartment or motel complex, educational, hospital or care facility at any time; or at any other place that would, in the opinion of the chief, present an extreme life hazard. Any vehicle containing hazardous materials shall not be parked at any one point for longer than one hour except : 1 . Off a street, highway, avenue or alley; 2 . Inside a bulk plant and twenty five (25) feet from the property line or within a building approved for such use; 3 . At other approved locations not less than fifty (50) feet from any building except those approved for the storage or serving of such vehicle; 4 . When, in case of breakdown or other • emergency, the operator must leave the vehicle to take necessary action to correct the emergency. (c) Garaging. Vehicles containing hazardous materials shall not be parked or garaged in any buildings other than those specifically approved for such use by the chief . (iii) Section 82 .104 (b) of the Uniform Fire Code is hereby amended to read as follows : (b) Maximum Capacity Within Established Limits . Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested commercial areas, the aggregate capacity of any one installation shall not exceed two thousand (2000) gallons water capacity, except that in particular installations this capacity limit may be altered with the approval of the chief after consideration of special features such as topographical conditions, nature of occupancy and proximity to buildings, capacity of proposed tanks, degree of private fire protection to be provided and facilities of the local fire • department . - 34 - • The storage of liquefied petroleum gas shall conform to the provisions of the local zoning ordinance . See Section 1A. FINDINGS (2, 3, 4, 5, 6, 8) (jjj) Section 82 .104 (d) of the Uniform Fire Code is hereby amended to read as follows: (d) Multiple Container Installations. Multiple container installations with a total storage capacity of more than one hundred eighty thousand (180, 000) water gallons (150, 000 gallons LP-gas capacity) shall be subdivided into groups containing not more than one hundred eighty thousand (180, 000) water gallons in each group. Such groups shall be separated by a distance of not less than twenty five (25) feet . Tanks shall be mounted in an approved manner, and (1) protected with approved insulation over the entire surface of all tanks, or (2) protected by four (4) hour firewalls of approved construction, or (3) protected by an approved system for application of water, or (4) protected by other approved means . • See Section 1A. FINDINGS (2, 3, 4, 5, 6, 8) (kkk) Section 82 .104 (e) of the Uniform Fire Code is added to read as follows: (e) Liquefied petroleum gas containers and tanks shall be positioned in relation of one to another in such a manner so that the length axis of each tank is parallel to other tanks . (111) Table No. 82 .104-A of the Uniform Fire Code is hereby amended to read as follows : TABLE NO. 82 .104-A CONTAINER CAPACITY MINIMUM DISTANCE (U.S. Gallons) Less than 100 5 feet 101 to 500 10 feet 501 to 1, 200 25 feet 1, 201 to 30, 000 50 feet 30, 001 to 60, 000 75 feet More than 60, 000 100 feet • - 35 - • NOTE : With the approval of the chief, containers may be located a lesser distance to buildings of not less than one-hour fire- resistive construction in accordance with the Building Code, provided the above distances applied to openings in buildings are maintained and the relief valves will not discharge in the direction of a means of egress or against the building. (mmm) Section 7 of Appendix II-A of the Uniform Fire Code is hereby amended to read as follows : 7 . SPARK ARRESTERS (a) Chimneys used with fireplaces or heating appli- ances in which solid or liquid fuel is used shall be equipped and maintained with an approved spark arrester. (b) An approved spark arrester shall mean a device constructed of stainless steel, copper, brass or woven galvanized wire mesh. The spark arrester screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel . Openings shall not permit the passage of spheres having a • diameter larger than 1/2 inch and shall not block the passage of spheres having a diameter of less than 3/8 inch. The screen shall be mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground. See Section 1A. FINDINGS (1, 2, 3, 4, 6, 7, 8) (nnn) Section 15 (b) of Appendix II-A is hereby amended to read as follows: (b) Support Clearance. Except as otherwise provided in subsection (e) below, any person that owns, controls, operates or maintains any electrical transmission or distribution line upon any mountainous land, or forest-covered land, brush-covered land, or grass- covered land shall, during such times and in such areas as are determined to be necessary by the Fire Department maintain around and adjacent to any pole or tower which supports a switch, fuse, transformer, lighting arrester, line junction, or dead end or corner pole, a firebreak which consists of a clearing or not less than 100 feet • in each direction from the outer circumference of - 36 - • such pole or tower. This section does not, however, apply to any line which is used exclusively as telephone, telegraph, telephone or telegraph messenger call, fire or alarm line, or other line which is classed as a communication circuit by the Public Utilities Commission. The Fire Department may permit exceptions from the requirements of this section which are based upon the specific circumstances involved. (000) Section 15 (c) of Appendix II-A is hereby amended to read as follows: (c) High Tension Line Clearance. Except as otherwise provided in subsections (d) and (e) below, any person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous land, or in forest-covered lands, brush-covered land, or grass-covered land shall, during such times and in such areas as are determined to be necessary by the Fire Department maintain a clearance of the respective distances which are specified in this section in all directions between all vegetation and all conductors which are carrying electric current : • 1 . For any line which is operating at 2 , 400 or more volts, but less than 72 , 000 volts, four feet . 2 . For any line which is operating at 72, 000 or more volts, but less than 110, 000 volts, six feet . 3 . For any line which is operating at 110, 000 or more volts , ten feet . In every case, such distance shall be sufficiently great to furnish the required clearance at any position of the wire, or conductor when adjacent air temperature is 120° F, or less . Dead trees, old decadent or rotten trees, trees weakened by decay or disease and trees or portions thereof that are leaning toward the line which may contact the line from the side or may fall on the line shall be felled, cut or trimmed so as to remove such hazard. The Fire Department may permit exceptions from the requirements of this section which are based upon the specific circumstances involved. • - 37 - III (ppp) Section 15 (e) of Appendix II-A is hereby added to read as follows: (e) Exceptions to Minimum Clearance Provisions . 1 . Low voltage lines . Subsection (b) and (c) above do not apply if the transmission or distribution line voltage is 750 volts or less . 2 . Poles and towers . The minimum clearance provisions of subsection (b) above are not required around poles and towers, including line junction, corner and dead end poles and towers : A. Where all conductors are continuous over and through a pole or tower; or B. Where all conductors are not continuous over or through a pole or tower, provided all conductors and subordinate equipment are of III the types listed below and are properly installed and used for the purpose for which they were designed and manufactured: 1 . Compression connectors . 2 . Automatic connectors . 3 . Parallel groove connectors . 4 . Hot line top or clamp connectors that were designed to absorb any expansion or contraction by applying spring tension on the main line or running conductor and top connector. 5 . Fargo GA300 series piercing connectors designed and manufactured for use with tree wire . 6 . Flat plate connectors installed with not less than two bolts . 7 . Tapered C-shaped member and • wedge connectors . 8 . Solid blade single phase bypass switches associated • with circuit reclosures - 38 - • sectionalizers and line regulators . 9 . Equipment that is completely sealed and liquid filled. 10 . Current limiting, non- expulsion fuses . (qqq) Section 16 (a) 2 . of Appendix II-A is hereby amended to read as follows : 2 . Maintain additional fire protection or firebreak by removing brush, flammable vegetation and combustible growth located from 30 feet to 200 feet from such buildings or structures, when required by the chief because of extrahazardous conditions causing a firebreak of only 30 feet to be insufficient to provide reasonable fire safety. EXCEPTION: Grass and other vegetation located more than 100 feet from buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion. • (rrr) Section 16 (a) 4 . of Appendix II-A is hereby amended to read as follows: 4 . Maintain trees, shrubs and other vegetation adjacent to or overhanging a building, free of deadwood. Maintain trees within 100 feet of any building or structure or within 10 feet of that portion of any highway, street, alley, or driveway which is improved or used for vehicle travel or other vehicular purposes, so that no leafy foliage, twigs, or branches are within five feet of the ground. Maintain five feet of vertical clearance between roof surfaces and portions of trees overhanging any building or structure . (sss) Section 16 (a) 6 . of Appendix II-A is hereby added to read as follows: 6 . Nothing contained in this subsection shall be deemed to preclude the chief from requiring more than the minimum specific requirements set forth above when the chief determines that conditions exist which necessitate greater fire protection measures . • - 39 - III (ttt) Section 17 of Appendix II-A is hereby amended to read as follows : 17 . Clearance of Brush or Vegetative Growth from Roadways . (a) The chief may require brush, vegetation, or debris to be removed and cleared within ten (10) feet on each side of every roadway and access drive, and may enter upon private property to do so. This section shall not apply to single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. As used in this section, "roadway" means that portion of a highway, street or private street improved or ordinarily used for vehicular travel . (b) If the chief determines in any specific case that difficult terrain, danger of erosion or other unusual circumstances make strict III compliance with the clearance of vegetation provision of Sections 15, 16, or 17 of this appendix undesirable or impractical, he or she may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this article . (c) In the event that the abatement is not performed as required in Subsection (a) of this section, the governing body may instruct the chief to give notice to the owner of the property upon which said condition exists to correct such prohibited condition, and if the owner fails to correct such condition the governing body may cause the same to be done and make the expense of such correction a lien upon the property upon which such conditions exist . (uuu) Section 3 of Appendix III-A of the Uniform Fire Code is hereby amended to read as follows : The fire-flow requirement may be modified by the chief when exposures, occupancy classification, multi-story construction or mixed construction supports such • modification. - 40 - • The determination as to the modification shall be based upon the Insurance Services Office Commercial Risk Services guideline (June 1980 edition) established for calculating fire flow requirement . This guideline shall be available to the public in the office of the Chief of Fire Prevention. (vvv) Section 5 (a) of Appendix III-A of the Uniform Fire Code is hereby amended to read as follows: (a) One- and Two-Family Dwellings. The minimum fire flow and flow duration requirements for one- and two-family dwellings having a fire area which does not exceed 3, 600 square feet shall be 1, 000 gallons per minute for two hours . Fire flow and flow duration for dwellings having a fire area in excess of 3 , 600 square feet shall not be less than that specified in Table No. A-III-A-1 . EXCEPTION: A reduction in required fire flow of 50 percent, as approved by the chief, is allowed when the building is provided with an approved automatic sprinkler system. See Section 1A. FINDINGS (1, 2, 3, 4, 5, 6, 7, 8) • (www) Section 5 (b) of Appendix III-A of the Uniform Fire Code is hereby amended by amending the EXCEPTION to read as follow: EXCEPTION: When there are no exposures within 150 feet, a reduction in required fire flow of 50 percent, as approved by the chief, is allowed when the building is provided with an approved automatic sprinkler system. The resulting fire flow shall not be less than 1, 500 gallons per minute . (xxx) Section 1 of Appendix VI-C of the Uniform Fire Code is hereby amended by the deletion of (b) and (c) and relettering (d) to (b) and relettering (e) to (c) . (b) Citation Program. In the majority of cases, the legal officer has required the enforcing agency to submit the complete program to the legal officer' s office for review and approval . (c) Components. The necessary components of a complete citation program include the following: • - 41 - • 1 . Operating procedure and policy. See Section 2 . 2 . Sample forms . See Figures Nos . A-VI-C-3 and A-VI-C-4 . 3 . Bail schedule. See Figure No. A-VI-C-5 . (yyy) Section 1 of Appendix VI-C of the Uniform Fire Code is hereby amended by the deletion of 1 (e) 3 . Bail Schedule. (zzz) Appendix VI-C of the Uniform Fire Code is hereby amended by the deletion of figure numbers A-VI-C- 1, A-VI-C-2 and A-VI-C-5 . Section 6 . PENALTY. (a) All violations of this Code shall be deemed infractions with the exception of Article 3, violations of which shall be deemed a misdemeanor. (b) Each such person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of any of the provisions of this code is committed, continued, permitted or • maintained by such person, firm or corporation and shall be punishable therefore as herein provided. (c) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions . Section 7 . REPEAL OF CONFLICTING ORDINANCES. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinance Nos . 92-01 and 92-02 . Section 8 . VALIDITY CLAUSE. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reasons 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 hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or 411 unconstitutional . - 42 - SSection 9 . DATE OF EFFECT. This ordinance shall take effect and be in force thirty (30) days after its adoption. Section 10 . Certification The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933 . PASSED, APPROVED, AND ADOPTED this 8th day of March , 1994 . /1/ MICHA G. '4 `, MAY PRO TEM ATTEST: 0 LIND D. RUTH TY CLERK APPROVED AS TO FORM: THOMAS C. WOOD, Y ATTORNEY STA OF CALIFORNIA COUNT 4F SAN BERNARDINO ) ss . CITY OF C' 0 HILLS I, LINDA D. H, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that egoing Ordinance No. 94- 44 was duly introduced for first rea. ' g at a regular meeting of the City Council held on the 22nd day of Febr , 1994, and that thereafter, said - Ordinance was duly passed and a. -.ted at a regular meeting of the City Council held on the 8th day o March , 1994, by the following roll call vote, to wit : AYES : COUNCILMEMBERS : WICKMAN, NORTON-P = ' , AND TRUMAN NOES : COUNCILMEMBERS : NONE ABSENT: COUNCILMEMBERS : LARSON AND GRAHAM ABSTAIN: COUNCILMEMBERS : NONE LINDA D. RUTH, CITY CLERK - 43 - /• STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) SS CITY OF CHINO HILLS ) I, LINDA D. RUTH, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that the foregoing Ordinance No. 44 was duly introduced for first reading at a regular meeting of the City Council held on 13th day of April, 1993, was duly re-introduced as an amended first reading at a regular meeting of the City Council held on the 22nd day of February, 1994, and that thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City Council held on the 8th of March, 1994, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: WICKMAN, NORTON-PERRY, THALMAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: LARSON AND GRAHAM LINDA D. RUTH, CI eCLERK • (SEAL) The foregoing is the original of Ordinance No. 44 duly passed and adopted by the Chino Hills City Council at their March 8, 1994 meeting. LINDA RUTH, CITY LERK (SEAL) •