HomeMy WebLinkAboutAgenda Report - April 20, 2005 K-02aAGENDA ITEM K-02 &
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Ordinance No. 1759 entitled, "An Ordinance Adopting that Portion of the State
Building Standards Code that Imposes Substantially the Same Requirements as
are Contained in the Uniform Fire Code, 2000 Edition, Published by the Western
Fire Chiefs Association and the California Building Standards Commission with
Errata, Together with those Portions of the 'Uniform Fire Code, 2000 Edition' and
the Appendixes, the Uniform Fire Code Standards, `1997 Edition,' as Amended by
the `Uniform Fire Code Standards, 2000 Edition,' Published by the Western Fire
Chiefs Association, Not Included in the State Building Standards Code, as Modified
and Amended by this Chapter, are Adopted by this Reference into this Chapter
and are Hereby Collectively Declared to be the City of Lodi Fire Code; Thereto,
Which Code Provides Regulations Governing the Conditions Hazardous to Life
and Property from Fire or Explosion; Repealing and Reenacting Sections
15.20.010 Through 15.20.460 Inclusive and Section 9.12.010 of the Code of the
City of Lodi and All Other Ordinances and Parts of Ordinances in Conflict
Therewith, as well as Errors and Inconsistencies within Chapter 15.40 - On Site
Fire Protection Sections 15.40.020, 15.40.100, and 15.40.110"
MEETING DATE: April 20, 2005
PREPARED B Y City Clerk
RECOMMENDED ACTION: Motion waiving reading in full and (following reading by title)
adopting the attached Ordinance No. 1759.
BACKGROUND INFORMATION: Ordinance No. 1759 entitled, "An Ordinance Adopting that Portion of
the State Building Standards Code that Imposes Substantially the
Same Requirements as are Contained in the Uniform Fire Code,
2000 Edition, Published by the Western Fire Chiefs Association and
the California Building Standards Commission with Errata, Together with those Portions of the `Uniform
Fire Code, 2000 Edition' and the Appendixes, the Uniform Fire Code Standards, '1997 Edition,' as
Amended by the 'Uniform Fire Code Standards, 2000 Edition,' Published by the Western Fire Chiefs
Association, Not Included in the State Building Standards Code, as Modified and Amended by this
Chapter, are Adopted by this Reference into this Chapter and are Hereby Collectively Declared to be the
City of Lodi Fire Code: Thereto, Which Code Provides Regulations Governing the Conditions Hazardous
to Life and Property from Fire or Explosion; Repealing and Reenacting Sections 15.20.010 Through
15.20.460 Inclusive and Section 9.12.010 of the Code of the City of Lodi and All Other Ordinances and
Parts of Ordinances in Conflict Therewith, as well as Errors and Inconsistencies within Chapter 15.40 -
On Site Fire Protection Sections 15.40.020, 15.40.100, and 15.40.110" was introduced at the regular City
Council meeting of April 6, 2005.
ADOPTION: With the exception of urgency ordinances, no ordinance may be passed within five days of
its introduction. Two readings are therefore required - one to introduce and a second to adopt the
ordinance. Ordinances may only be passed at a regular meeting or at an adjourned regular meeting;
APPROVED: , ";
Blair Kin , ity Manager
cou ncil/councom/Ordinance 1. clot
w
except for urgency ordinances, ordinances may not be passed at a special meeting. Id. All ordinances
must be read in full either at the time of introduction or at the time of passage, unless a regular motion
waiving further reading is adopted by a majorityof all council persons present. Cal. Gov't Code§ 36934.
Ordinances take effect 30 days after their final passage. Cal. Gov't Code§ 36937.
This ordinance has been approved as to form by the City Attorney.
FISCAL IMPACT: None.
FUNDING AVAILABLE: None required.
Susan J. Blackstor J
City Clerk
SJBNMP
Attachment
ORDINANCE NO. 1759
AN ORDINANCE ADOPTING THAT PORTION OF THE STATE BUILDING
STANDARDS CODE THAT IMPOSES SUBSTANTIALLY THE SAME REQUIREMENTS
AS ARE CONTAINED IN THE UNIFORM FIRE CODE, 2000 EDITION, PUBLISHED BY
THE WESTERN FIRE CHIEFS ASSOCIATION AND THE CALIFORNIA BUILDING
STANDARDS COMMISSION WITH ERRATA, TOGETHER WITH THOSE PORTIONS
OF THE "UNIFORM FIRE CODE, 2000 EDITION" AND THE APPENDIXES, THE
UNIFORM FIRE CODE STANDARDS, "1997 EDITION," AS AMENDED BY THE
"UNIFORM FIRE CODE STANDARDS, 2000 EDITION," PUBLISHED BY THE
WESTERN FIRE CHIEFS ASSOCIATION, NOT INCLUDED IN THE STATE BUILDING
STANDARDS CODE, AS MODIFIED AND AMENDED BY THIS CHAPTER, ARE
ADOPTED BY THIS REFERENCE INTO THIS CHAPTER AND ARE HEREBY
COLLECTIVELY DECLARED TO BE THE CITY OF LODI FIRE CODE; THERETO,
WHICH CODE PROVIDES REGULATIONS GOVERNING THE CONDITIONS
HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; REPEALING
AND REENACTING SECTIONS 15.20.010 THROUGH 15.20.460 INCLUSIVE AND
SECTION 9.12.010 OF THE CODE OF THE CITY OF LOBI AND ALL OTHER
ORDINANCESAND PARTS OF ORDINANCES IN CONFLICT THEREWITH, AS WELL
AS ERRORS AND INCONSISTENCIES WITHIN CHAPTER 15.40 — ON SITE FIRE
PROTECTION SECTIONS 15.40.020, 15.40.100, AND 15.40.110
---------------------------
BE IT ORDAINED BY THE LODI CITY COUNCIL
Section 1. Sections 15.20.010 through 15.20.370 inclusive of the Code of the City of
Lodi is hereby repealed and is superseded and replaced by new sections 15.20.010
through 15.20.460 inclusive and section 9.12.01 0 as hereinafter set forth.
Section 2 There is hereby adopted new Sections 15.20.010 through 15.20.460
inclusive of the Code of the City of Lodi to read in full as follows:
Section 3. There is hereby adopted correction of errors and inconsistencies within
sections 15.40.020; 15.40.100; 15.40.110 of the Code of the City of Lodi to read in full as
follows:
CHAPTER 15.20
FIRE CODE
Sections:
15.20.010
Adoption
15.20.020
Bureau of Fire Prevention
15.20.030
Jurisdiction defined
15.20.040 '
Section 101.10
added - Fees
15.20.050
Section 103.1.1.1
added — Contract inspector
15.20.060
Section 103.1.4
amended —Appeals
15.20.070
Section 103.2.1.1 (9)
added — Responsibility for enforcement
15.20.080
Section 10322.3
added - Fire prevention bureau arson investigators
15.20.090
Section 103.4.4
amended - Violation
15.20.1 00
Section 103.4.7
added -Abatement of hazard byfire chief
15.20.1 10
Section 103.4.8
added - Criminal or civil penaltyfor violation
15.20.120
Section 103.4.8.1
added - Misdemeanors- continuing violations
15.20.130
Section 103.4.82
added - Prosecution
15.20.140
Section 103.4.8.3
added - Penalty for infraction
15.20.150
Section 103.4.8.4
added - Penalty for misdemeanor
15.20.160
Section 103.4.8.5
added - Enforcement authority
15.20.170
Section 103.4.8.6
added -Civil penalties
15.20.180
Section 104.4
added - Cost recovery
15.20.1 90
Section 10522
amended - Expiration
15.20.200
Section 105.2.4
added - Permitfees
15.20.21 0
Section 105.2.5
added -Violations
15.20.220
Section 105.4
amended - Inspections required
15.20.230
Section 105.7(7)
added - Revocation suspension and denial
15.20.240
Section 105.8
added - Permits required
15.20.250
Section 105.8.2
added - New materials, processes occupancies
15.20.260
Section 901.4.4
amended - Premises identification
15.20.270
Section 901.4.4.1
added - Premises identification -rear
15.20.280
Section 901.4.42
added - Premises identification - multiple dwelling units
15.20.290
Section 901.4.4.2
added - Premises identification -multiple buildings.
15.20.300
Section 902.2.2.1
amended - Dimensions
15.20.310
Section 902222
amended - Surfaces
15.20.320
Section 9022.4.3
added - Gates or other structures or devices
15,20.330
Section 902.4.1
2
15.20.010 Adoption
The provisions set forth in that portion of the State Building Standards
Code that imposes substantially the same requirements as are contained in the
Uniform Fire Code, 2000 Edition published by the Western Fire Chiefs
Association and California Building Standards Commission with errata, together
with those portions of the Uniform Fire Code, 2000 Edition, including Appendixes,
The Uniform Fire Code Standards, 1997 Edition, as amended by the Uniform Fire
Code Standards, 2000 Edition, published by the Western Fire Chiefs Association,
not included in the State Building Standards Code, as modified and amended by
this chapter thereto, are adopted as the fire prevention code of the City. The fire
prevention code of the city shall apply in all matters pertaining to storage,
handling and use of hazardous substances, materials and devices; and to
conditions hazardousto life and property in the use or premises within the City.
15.20.020 Bureau of fire prevention
The Bureau of Fire Prevention is established in the fire department of the
City of Lodi and shall be operated under the supervision of the Fire Chief. The
Bureau of Fire Prevention shall enforce and is authorized to issue such orders or
notices as may be necessary for the enforcement of the California Fire Code,
National Fire Codes and where necessary and appropriate, any fire or life safety
sections of the California Health and Safety Code, California Penal Code, and all
other city, county or state fire or life safety related laws or codes not specifically
covered in any part of this code.
3
added — Hazardous materials management plan box
15.20.340
Section 1003.2.11
added — Automatic fire extinguishing systems
15.20.350
Section 1003.5
added — Fire control room
15.20.360
Section 1006.3.4.2
amended — Fire alarm certification
15.20.370
Section 1102.3
amended —Open burning
15.20.380
Section 1102.3.9
added - Construction sites
15.20.390
Section 1102.4.5
amended — Recreational fires
15.20.400
Section 1114
added Electrical disconnect
15.20.410
Section 1115
added — Gas disconnect
15.20.420
Section 3010
added — Pallets, palletized packing boxes and bin boxes
15.20.430
Section 7701.7.2
Limits explosive and blasting agents
15.20.440
Section 7801.3.1.1
amended — Manufacturing of fireworks
15.20.450
Section 7902.2.2.2.1
Location of aboveground tanks are prohibited
15.20.460
Changes or modifications
15.20.010 Adoption
The provisions set forth in that portion of the State Building Standards
Code that imposes substantially the same requirements as are contained in the
Uniform Fire Code, 2000 Edition published by the Western Fire Chiefs
Association and California Building Standards Commission with errata, together
with those portions of the Uniform Fire Code, 2000 Edition, including Appendixes,
The Uniform Fire Code Standards, 1997 Edition, as amended by the Uniform Fire
Code Standards, 2000 Edition, published by the Western Fire Chiefs Association,
not included in the State Building Standards Code, as modified and amended by
this chapter thereto, are adopted as the fire prevention code of the City. The fire
prevention code of the city shall apply in all matters pertaining to storage,
handling and use of hazardous substances, materials and devices; and to
conditions hazardousto life and property in the use or premises within the City.
15.20.020 Bureau of fire prevention
The Bureau of Fire Prevention is established in the fire department of the
City of Lodi and shall be operated under the supervision of the Fire Chief. The
Bureau of Fire Prevention shall enforce and is authorized to issue such orders or
notices as may be necessary for the enforcement of the California Fire Code,
National Fire Codes and where necessary and appropriate, any fire or life safety
sections of the California Health and Safety Code, California Penal Code, and all
other city, county or state fire or life safety related laws or codes not specifically
covered in any part of this code.
3
15.20.030 Jurisdiction defined.
Whenever the word "jurisdiction" is used in the California Fire Code it
shall mean the City of Lodi.
15.20.040 Section 101.10
Added —Fees
Section 101.10 of the California Fire Code, 2001 Edition adopted by
Section 15.20.01 0 is amended to read as follows:
The City may establish fees sufficient to recover its costs in administering
this code. The schedule of fees shall be those recommended by the Fire Chief
and established and adopted from time to time by resolution of the city council.
15.20.050 Section 103.1.1.1
Amended —Contract inspector
Section 103.1.1.1 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
The Fire Chief may require the owner or the person in possession or
control of the building or premise to provide, without charge to the fire
department, a special inspector ("Contract Inspector"), when the department has
no technical expertise availableto conductthe required inspections.
The Contract Inspector shall be a qualified person who shall demonstrate
his/her competence to the satisfaction of the Fire Chief, for inspection of a
particular type of construction, operation, fire extinguishing or detection system or
process.
Duties and responsibilities of the Contract Inspector shall include but not
be limited to the following:
1. The Contract Inspector shall observe the work assigned for
conformance with the approved design drawing and
specifications.
2. The Contract Inspector shall furnish inspection reports to the Fire
Chief, Building Official and other designated persons as required
by the Fire Chief. All discrepancies shall be brought to the
immediate attention of the contractor for correction, then if
uncorrected, to the proper design authority, Fire Chief, and to the
building official.
3. The Contract Inspector shall submit a final signed report stating
whether the work requiring inspection was, to the best of his/her
knowledge, in conformance with the approved plans and
specifications and the applicable workmanship provision of this
code.
15.20.060 Section 103.1.4
Amended -Appeals
Section 103.1.4 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
4
The Fire Chief is responsible for administering, collecting, crediting,
adjusting, and refunding all fees imposed under this chapter. A decision by the
Fire Chief regarding a fee imposed under this chapter is appealable in
accordance with this section. A person seeking judicial review shall first appeal
under this section.
A person appealing a decision under this chapter shall file a request with
the Fire Chief who is responsible for processing the appeal. The appeal shall be
in writing, stating the factual and legal grounds, and shall be filed within ten
calendar days following the decision of the Fire Chief being appealed.
The Fire Chief shall notify the City Manager of the appeal. The City
Manager shall set the matter for hearing before the City Council and notify the
person appealing in writing of the time and place.
The City Council shall conduct the hearing, prepare written findings of fact
and a written decision on the matter, and shall preserve the complete
administrative record of the proceeding. The council shall consider all relevant
evidence presented by the appellant, the Fire Chief or other interested party.
The decision of the City Council is final; it is reviewable by a court under
Code of Civil Procedure Section 1094.5
The city adopts the Code of Civil Procedures, Section 1094.5, for the
purposes of judicial review under this section. A petition seeking review of a
decision under this chapter shall be filed not later than the ninetieth day following
the date on which the decision of the City Council becomes final.
15.20.070 Section 103.2.1.1 (9)
added — Responsibility for enforcement.
Section 103.2.1.1 (9) of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
The apprehension, detention and prosecution of those persons found to
be in violation of the arson, explosive and fire insurance fraud sections of the
California Penal Code.
15.20.080 Section 103.2.2.3
added Fire prevention bureau arson investigators
Section 103.2.2.3 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
All sworn members assigned to the Fire Prevention Bureau or Fire
Investigation Unit are hereby assigned as Arson Investigators and as such shall
enforce the provisions of the California Penal Code as it pertainsto arson.
15.20.090 Section 103.4.4
Amended - Violation.
Section 103.4.4 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
5
No person, whether as owner, lessee, sub -lessee or occupant, shall use,
occupy or maintain any occupancy, premises, or vehicle or cause or permit the
same to be done, contrary to or in violation of any of the provisions of this fire
code or any lawful order issued by the Fire Chief or authorized representatives
under this chapter. Any person violating the provisions of this section is guilty of
a misdemeanor for each day such violation continues.
15.20.100 Section 103.4.7
Added — Abatement of hazard by fire chief
Section 103.4.7 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
If any person fails to comply with the orders of the Fire Chief, or if the Fire
Chief is unable to locate the owner, operator, occupant or other person
responsible within a reasonable time, the Fire Chief or his or her authorized
representative may take such steps as are necessary to abate the hazard for the
protection of the public health and safety. In no event is notice necessary before
abatement, when the hazard is a clear and present danger to the public welfare.
All costs related to such abatement shall become a lien or special assessment on
the subject property.
15.20.110 Section 103.4.8
Added — Criminal or civil penaltyfor violation
Section 103.4.8 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
Pursuant to the City's prosecutorial discretion, the City may enforce
violations of the provisions of this code in any manner authorized by this section
or by any other law, including but not limited to issuance of criminal citations,
referral to the District Attorney, referral to other appropriate agencies,
administrative actions and civil actions.
15.20.120 Section 103.4.8.1
Added — Misdemeanors— continuing violations
Section 103.4.8.1 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
Any person who violates any of the provisions of this code, any of the
provisions of any written authority of the City Manager or his or her duly
authorized agents and representatives or any provision of any permit issued
pursuant to this code shall be guilty of a misdemeanor. Each and every day, or
any part thereof during which any such violation is committed, continued or
allowed shall be separate offense.
15.20.130 Section 103.4.8.2
Added — Prosecution
Section 103.4.8.2 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
6
Every violation of this code shall be a misdemeanor; provided, however,
that where the City Attorney or his or her duly authorized agents has determined
that such action would be in the best interest of justice, the City Attorney may
specify in the accusatory pleading, citation or amendment thereto that the
violation shall be prosecuted as an infraction.
15.20.140 Section 103.4.8.3
Added — Penalty for infraction
Section 103.4.8.3 of the California Fire Code, 2001 Edition adopted by
Section 15.20.01 0 is added to read as follows:
Each and every violation of this code that is deemed an infraction is
punishable by:
1) A fine not exceeding one hundred dollars ($100.00) for the first
violation;
2) A fine not exceeding two hundred dollars ($200.00) for the second
violation of the same or similar provision within a one-year period, or,
3) A fine not exceeding five hundred dollars ($500.00)for each additional
violation, after the second, of the same or similar provision of this
chapter within a one-year period of the first violation.
15.20.150 Section 103.4.8.4
Added — Penalty for misdemeanor
Section 103.4.8.4 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
Each and every violation of this code that is deemed a misdemeanor is
punishable as specified in Section 1.08.010 of the Lodi Municipal Code.
15.20.160 Section 103.4.8.5
Added — Enforcement authority
Section 103.4.8.5 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
Peace officers and persons employed in such positions are authorized to
exercise the authority provided in California Penal Code Section 836.5 and are
authorized to issue citations for violation of this code. The following designated
employee positions may enforce the provisions of this code by issuance of
citations. The designated employee positions are: the City Manager or his or her
duly authorized employee positions, the Fire Chief, the Fire Marshal and Fire
Inspector.
15.20.170 Section 103.4.8.6
Added —Civil penalties
Section 103.4.8.6 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
VA
Any person who intentionally, accidentally or negligently violates any
provision of this code, any written authority of the City Manager or his or her duly
authorized agents and representatives, or any provision of a permit issued
pursuant to this code may be civilly liable to the City in the sum of not less than
one hundred dollars ($100.00) but not to exceed one thousand dollars
($1,000.00) per day for each day in which such violation occurs or continues.
The City may petition the municipal or superior court to impose, assess, and
recover such sums. The civil penalty provided in this section excludes inspection
costs and abatement costs, is cumulative and not exclusive, and shall be in
addition to all other remedies available to the City under state and federal law
and local ordinances.
15.20.180 Section 104.4
Added — Cost recovery
Section 104.4 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
The purpose of this section is to establish authority to obtain
reimbursement from responsible individuals for the expenses of any emergency
response and/or enforcement action by the Lodi Fire Department to protect the
public from criminal or negligent activities, and from fire or hazardous
substances.
In accordance with the Health and Safety Code Section 13000 et seq., an
individual who acts negligently or in violation of the law and thereby requires the
jurisdiction to provide an emergency response to a danger posed by a fire or
hazardous substance shall be liable for reimbursement to the City for the costs
incurred.
In accordance with Government Code Sections 53150 through 53158,
any individual who is under the influence of an alcoholic beverage or any drug or
the combined influence of an alcoholic beverage or any drug, and whose
negligent operation of a motor vehicle, boat or vessel or civil aircraft caused by
that influence proximately causes any incident and thereby requires the City to
provide an emergency response shall reimburse the City for the cost incurred.
15.20.190 Section 105.2.2
Added — Expiration
Section 105.2.2 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
Permits and the activities they regulate shall be performed within the time
limits approved within the application or plan submittal, except when no time limit
is given, then each permit shall be valid for 180 days, unless for good cause the
Fire Chief or his or her designee grants an extension. Activity otherwise required
by law and needing a permit shall be performed in accordance with the permit
and within the time limits given thereon.
8
15.20.200 Section 105.2.4
Added — Permit fees
Section 105.2.4 of the California Fire Code, 2001 Edition adopted by
Section 15.20.01 0 is added to read as follows:
The fee for each permit shall be as set forth from time to time by
resolution of the City Council. The City may establish fees sufficient to recover
its costs in administering this Chapter. No permit shall be issued until such fees
have been paid, and administrative citations may be issued to persons violating
this code by the persons allowed to issue citations by Section 15.20.160.
15.20.210 Section 105.2.5
Added - Violations
Section 105.2.5 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
Whenever any construction or installation work is being performed in
violation of any plan or specification approved by the Fire Chief or his or her
designee, a written notice shall be issued to the responsible party to stop work on
that portion of the work which is in violation. The notice shall state the nature of
the violation and that no work shall be done on that portion until the violation has
been corrected and has been approved by the Fire Department.
15.20.220 Section 105.4
Amended — Inspection required
Section 105.4 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
Before a permit is issued, the Fire Chief or his or her designee shall
inspect and approve the receptacles, vehicles, buildings, devices, premises,
storage spaces or other areas to be used. I n instances where laws or regulations
are enforceable by departments other than the Fire Department, joint approval
shall be obtained from all departments concerned.
No final inspection under this code, as to all or any portion of the
development, shall be deemed completed and no certificate of occupancy shall
be issued unless and until the requirements imposed by this code have been
completed and the final approval thereof, by the Fire Department, has been given
as provided herein and all inspection fees paid.
15.20.230 Section 105.7(7)
added Revocation, suspension and denial.
Section 105.7(7) of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
9
The Fire Chief further shall have the power to revoke, suspend, or deny
the granting of any permit required pursuant to the provision of the Code for any
of the following reasons:
(a) When deemed necessaryfor the protection of life, limb, or
property; or
(b) For the violation of any provisions of this code; or
(c) For changing the occupancy, equipment, materials, processes, or
other conditions in such a manner as to create a greater danger of fire
or explosion or less protection than was present at the time of the
issuance of such permits.
15.20.240 Section 105.8
Added — Permits required
Section 105.8 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is revised to add as follows:
Add # c.10 ChristmasTree Lots. To operate a Christmas Tree Lot
with or without flame proofing services.
Add # h.4 Haunted Houses. To operate a temporary or
permanent haunted house.
Add # s.2 Special Events. To conduct a special event which is
not otherwise listed and in the opinion of the Fire Chief or his or her designee
poses a fire or life safety concern to the public.
15.20.250 Section 105.8.2
added - New materials, processes or occupancies.
Section 105.8.2 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
The Building Official, Fire Chief and Fire Marshal shall act as a
Committee to determine and specify after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies, which shall require
permits, in addition to those now enumerated in the Code. The Fire Marshal
shall post such list in a conspicuous place in his or her office and distribute
copies thereof to interested persons.
15.20.260 Section 901.4.4
amended — Premises identification
Section 901.4.4 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
Approved numbers or addresses shall be placed on all new and existing
buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. Said numbers shall contrast with their background.
The approved minimum size dimensions of the numbers shall be as
specified by table 1.
Where a building is set back from the street or road fronting the property
and where addresses may not be clearly identifiable due to distance from the
street or roadway, landscape and architectural appendages, or other
obstructions, address posting shall be required both at the street driveway
serving such building and on the building.
Table 1
Distance to Building address Size
measured from back of walk. Height
25 Feet 3 inches
26-40 Feet 5 inches
41-55 Feet 9 inches
Over 55 Feet 12 inches
15.20.270 Section 901.4.4.1
added — Premises identification — rear
Section 901.4.4.1 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
Any business or apartment building which affords vehicular access to the
rear through a driveway, alley way or parking lot, shall also display approved
identification or address numbers on the rear of the building for such business or
apartment building in a location approved by the Fire Chief.
15.20.280 Section 901.4.4.2
added — Premises identification-multipledwelling units.
Section 901.4.4.2 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
An approved diagram of the premises which clearly indicates all
individual addresses of each unit in the complex shall be erected at the
entrance driveways to every multiple dwelling complex having more than one
building on the premises or when required by the Fire Chief.
In addition, the Fire Chief may require that individual buildings on the
premises be identified in an approved manner.
11
15.20.290 Section 901.4.4.2
added — Premises identification -multiple buildings.
Section 901.4.4.2 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
An approved identification of multiple buildings within an industrial
complex shall be required which clearly indicates each individual building in the
complex. Identification shall be placed on each building in a size and location
when required by the Fire Chief and be visible for responding emergency
personnel. Approval of the Fire Chief shall be met.
15.20.300 Section 902.2.2.1
amended - Dimensions.
Section 902.2.2.1 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
Fire Apparatus access roads shall have an unobstructed width of not less
than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6
inches.
Vertical clearances or widths shall be increased when, in the opinion of
the chief vertical clearances or widths are not adequate to provide fire apparatus
access.
15.20.310 Section 902.2.2.2
amended — Surface.
Section 902.2.2.2 of the California Fire code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
Fire apparatus access roads shall be designed and maintained to support
the imposed loads of fire apparatus and shall provide a permanent surface of
asphalt or concrete installed the full width of all streets, cul-de-sacs and fire
lanes.
15.20.320 Section 902.2.4.3
Added — Gates or other structures or devices
Section 902.2.4.3 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
Gates, other structures or devices which could obstruct fire access
roadways or otherwise hinder emergency operations are prohibited unless they
meet standards approved by the Fire Chief or designee and receive specific plan
approval.
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All automatic gates across fire access roadways shall be equipped with
approved emergency key -operated switches overriding all command functions
and opening the gates.
All automatic gates shall be equipped with a Knox box key switch, which
will activate the gate when operated by the Knox key. Key operated switches
shall be keyed with a sub master Knox key to facilitate access by law
enforcement personnel.
The automatic gate shall have a battery back-up or manual mechanical
disconnect readily accessible to emergency personnel in case of power failure.
All automatic gates must meet Fire Department policies deemed necessary by
the Fire Chief or designee for rapid, reliable access.
15.20.330 Section 902.4.1
added - Hazardous materials management plan box
Section 902.4.1 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
When a business which handles hazardous materials is required to
complete a Hazardous Materials Management Plan (HMMP), the Chief may
require the installation of a secured box at the primary facility entrance or fire
control room as required by the Fire Chief containing a copy of the Hazardous
Materials Management Plan. This box shall be waterproof and capable of holding
the document in a rolled condition without folding. Other characteristics of the
box shall be approved by the chief.
Businesses which handle acutely hazardous material as defined in
Section 25532 of the Health and Safety Code shall install a Hazardous Material
Management Plan Box in accordance with this section.
15.20.340 Section 1003.2.11
added —Automatic fire extinguishing systems
Section 1003.2.1 1 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
In addition to the requirements specified in Section 1003, an automatic
sprinkler system shall be installed throughout and maintained in an operable
condition regardless of the installation of area separation walls in the following
building:
(1) Every building hereafter constructed in which the total floor
area is 6,000 square feet or more.
(2) Every building hereafter constructed of three or more stories
as defined in the Uniform Building Code.
(3) Every building hereafter in which the square footage existing
as of September 1, 1997 is increased by 50% and the total
square footage of the building exceeds 6000 square feet.
(4) This section shall not preclude or alter the intent of the Uniform
Building Code, Section 508. Fire resistive substitution.
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Exception:
1. R-3 occupancies.
2. When approved by the Fire Chief, buildings divided into areas
not greater than 6,000 square feet by area separation walls of
not less than 2 -hour fire resistive construction provided that:
a. The location of the firewall is clearly marked and
identified on the exterior of the building in a manor approved
by the fire chief.
b. The firewall is identified in the interior of the building in a
manor approved by the Fire Chief.
The use of this exception may be denied or revoked by the Fire Chief
for due cause.
For the purposes of applying this section, each portion of a building
separated by one or more area separation walls shall not be considered a
separated building.
15.20.350 Section 1003.5
Added — Fire control room
Section 1003.5 of the California Fire Code, 2001 Edition adopted by Section
15.20.010 is added to read as follows:
Fire Control Room. An approved fire control room shall be provided for all
buildings protected by an automatic fire extinguishing system. Said room shall contain
all system control valves, fire alarm control panels and other fire equipment required by
the Fire Chief. Fire control rooms shall be located within the building at a location
approved by the Fire Chief, and shall be provided with a means to access the room
directly from the exterior. Durable signage shall be provided on the exterior side of the
access door to identify the fire control room.
15.20.360 Section 1006.3.4.2
Amended — Fire alarm certification
Section 1006.3.4.2 of the California Fire Code, 2001 Edition adopted by Section
15.20.010 is amended to read as follows:
The permittee shall provide a serially numbered certificate from an approved
nationally recognized testing laboratory for all required fire alarm systems indicating that
the system has been installed in accordance with the approved plans and specifications
and meets National Fire Protection Association Standards. Certification shall be
requiredfor all new systems to be installed after July 1, 2003. All existing systems must
obtain certification in a timely manner, as approved by the Fire Chief. A copy of the
certification must be provided to the Fire Chief at no cost.
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15.20.370 Section 1102.3
Amended -Open burning
Section 1102.3 of the California Fire Code, 2001 edition adopted by
Section 15.20.010 is added to read as follows:
No person shall kindle or maintain any outdoor fire within the limits of the
City of Lodi, except that this section shall not prohibit those fires that are
approved by the Fire Chief for the following purposes:
a. The prevention of a fire hazard that cannot be evaded by any other
means.
b. The instruction of public employees in the methods of fighting fire.
c. The instruction of employees in the methods of fighting fire, when
such fire is set, pursuant to permit, on property used for industrial
purposes.
d. The setting of backfires necessary to save life or valuable property
pursuant to section 4462 of the Public Resource Code.
e. The abatement of fire hazards pursuant to Section 13055 of the
Health and Safety Code.
f. Disease or pest prevention, where there is an immediate need for and
no reasonable alternative to burning.
Nothing in this section shall be construed as prohibiting open outdoor
fires used only for cooking food for human consumption where such use is
accomplished in an approved fireplace or barbecue pit, or for recreational
purposes in areas approved by the Fire Chief, provided that the combustible is
clear dry wood or charcoal.
15.20.380 Section 1102.3.9
added — Construction sites.
Section 1102.3.9 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
No unsafe or uncontrolled fire shall be permitted to burn on any
construction site for any purpose. This section is not to prohibit the use of
devices or tools producing a flame when used in an approved manner and
necessaryfor the construction of the building.
15.20.390 Section 1102.4.5
Amended — Recreational fires
Section 1102.4.5 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
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The Fire Chief is authorized to require that recreational fires be
immediately discontinued if such fires are determined by the Fire Chief to
constitute a hazardous condition or if smoke emissions are offensive to
occupants cf surrounding property.
15.20.400 Section 1114
Added- Electrical disconnect
Section 1114 of the California Fire Code 2001 Edition adopted by Section
15.20.010 is added to read as follows:
All buildings providing electrical service through more than one (1) service
meter or through multiple service connections, shall have each main electrical
disconnect identified in a manner approved by the Fire Chief indicating areas or
units served.
All buildings constructed after July 1, 2005, shall have main electrical shut
off accessible to the exterior of the structure. This may be accomplished by
placing the shut off on the building exterior, an electrical room with a door leading
directly to the exterior or a remote electrical (shunt) switch on the building
exterior.
15.20.410 Section 1115
Added — Gas disconnect
Section 1115 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is added to read as follows:
All buildings providing natural gas service through more than one (1)
service meter or through multiple service connections shall have individual gas
shutoffs identified in a manner approved by the Fire Chief indicating areas or
units served.
15.20.420 Section 3010
Added - Pallets, palletized packing boxes and bin boxes
Section 3010 of the California Fire Code, 2001 Edition adopted by Section
15.20.010 is added to read as follows:
A permit shall be required to store pallets, palletized packing boxes or bin boxes
in excess of 30,000 boardfeet, in accordance with the following restrictions.
Pallets, palletized packing boxes and bin boxes shall be piled with due regard to
stability of piles and in no case higher than 12 feet. Where pallets are piled next to a
property line, the distance from the property line shall not be less than one half the pile
height and in no case less than 5 feet from the property line.
Exception: Bin boxes may be stacked to a maximum height of 20 feet
Driveways between and around pallets, bin boxes and palletized packing boxes
shall be a minimum of 15 feet wide and maintained free from accumulations of rubbish,
weeds, machinery or other articles that would block access or add to the fire hazard.
Driveways shall be spaced so a maximum grid of storage is no more than 50 feet by 50
feet.
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Pallets, palletized packing boxes, and bin boxes, operating under a permit, shall
be enclosed by a suitable fence of at least 6 feet in height, unless storage is in a
building.
An approved water supply and fire hydrants capable of supplying the required fire
flow shall be provided within 150 feet of all portions of the storage areas in accordance
with Section 903.2, California Fire Code.
For permitting purposes, one palletwill be calculatedas having25 boardfeet.
For permitting purposes, palletized packing boxes and bin boxes will be
calculated based on average board feet per box.
15.20.430 Section 7701.7.2 -
Limits explosive and blasting agents.
The limits referred to in Section 7701.7.2 of the California Fire Code,
2001 Edition adopted by Section 15.20.010 in which the storage of explosives
and blasting agents is prohibited is the entire city except in areas zoned M-2 as
such zone is defined in the zoning regulations of the city.
15.20.440 Section 7801.3.1.1
amended -Manufacturing of fireworks
Section 7801.3.1.1 of the California Fire Code, 2001 Edition adopted by
Section 15.20.010 is amended to read as follows:
The manufacture of fireworks within the limits of the City of Lodi is
prohibited.
15.20.450 Section 7902.2.2.2.1
Location of aboveground tanks are prohibited.
The limits referred to in Section 7902.2.2.2.1 of the California Fire Code
2001 Edition adopted by Section 15.20.010 in which the storage of Class I and
Class II liquids in aboveground tanks outside of buildings is prohibited in the
entire city except areas zoned C -M, M-1 and M-2 as such zones are defined in
the zoning regulations of the City.
15.20.460 Changes cr modifications
In accordance with Health and Safety Code Section 17958.5, the
adoption of amendments more restrictive than the requirements contained in the
provisions published in the California Building Standard Code, are needed
because of local conditions, as specified below:
(A) Climatic
(1) Conditions
Precipitation averages 18 inches per year, and can reach as high
as 35 inches per year. Virtually all of the rain occurs during the
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months of October through April. The remaining months receive
little or no rain. Temperatures during the summer months can
reach as high as 110 and City of Lodi averages 19 days over 100
each year. Relative humidity during these summer months is very
low. Lodi averages 34 days of dense fog per year, and has had as
many as 64 foggy days.
(2) Impacts
The generally dry, hot summer months create extreme fire
conditions. Adding to this situation is the dryness and
combustibility of many structures during the summer, especially
true of structures with wood siding and roofs constructed of wood
shakes and shingles. The cyclical uncertainty that allow weather
events can cause rapid melting of the snow pack which causes
flood potential in areas surrounding the Mokelumne River. The
foggy conditions can inhibit the dispatch and timeliness of
emergency equipment reaching the site of a fire. During foggy
periods it is common place for visibility to be near zero, which
results in emergency equipment having to decrease their speed to
less than 25 miles per hour.
(B) Geographic
(1) Conditions
The City of Lodi is subject to ground tremors from seismic events
as the County is in seismic Zone 3. The Mokelumne River, which
borders the northern city limits, is subjected to flood potential and
its levies are subject to failure from seismic activity or high water.
(2) Impacts
The geologic conditions in San Joaquin County in general, and the
City of Lodi, in particular, have the potential of restricting access to
structures, especially in remote or isolated areas. A moderate
earthquake or extended periods or rain can impact local access
roads.
(C) Topographic
(1) Conditions
The City of Lodi consists mainly of the San Joaquin Valley floor.
The valley floor is typically flat land area bisected by intermittent
and year round stream and river systems. Much of the valley floor
is irrigated agriculture. Low land areas protected by a complex
and extensive levee system characterize the Delta area. Union
Pacific Railroad Tracks bisect the eastern and western portions of
Lodi as well as Highway 99 creating traffic congestion and
emergency response delays.
(2) Impacts
The valley floor is frequently subject to both general and localized
flooding. Because the area is so -flat and low it is not unusual for
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local drainage systems to be inadequate during heavy rain
periods. This condition can isolate areas where roads are flooded
and thereby block access. With the OSHA "two -in two -out" rule
requiring two fire fighters ready to make attack only when two
others are present, the potential delay in east -west response
increasesthe risk to firefighter and the public.
While it is clearly understood that the adoption of such amendments may not
prevent the incidence of fire, the implementation of these various amendmentsto
the code attempt to reduce the severity and potential loss of life, property and
protection of the environment.
CHAPTER 15.40
ON-SITE FIRE PROTECTION
15.40.020 Facilities required
A. When any land is proposed to be developed in such a manner that all
or a substantial part of any building or structure thereon will be in excess of the
reasonable working distance from an adequate water supply for fire protection
facilities upon the land as is determined necessary under this chapter, the fire
chief may prescribe that the development include the installation of such on-site
fire protection facilities as in his judgment are necessary to provide an adequate
water supply on the land to be developed. The installation shall be at the
expense of the owner or developer.
B. All facilities required to be installed under this chapter shall be
approved by and meet the specifications of the fire chief as to location, size and
type of materials and manner of installation.
C. Construction shall be carried out under the inspection of the
department of public works. All inspection costs shall be paid by the owner or
developer.
D. This section shall not apply to "U" occupancies as classified by the
building code.
15.40.100 Access maintenance
Whenever any on-site fire protection facilities or accessways have been
installed, as provided in this chapter, either pursuantto this chapter or prior to the
effective date of the ordinance codified in this chapter, the following provisions
shall be applicable:
A. Hydrants. With respect to hydrants located along private accessways
where curbs exist, the curbs shall be painted red or otherwise appropriately
marked by the owner, lessee or other person in charge of the premises to
prohibit parking for a distance of fifteen feet in either direction from any such
hydrant. In such cases where curbs do not exist, there shall be appropriate
markings painted on the pavement, or signs erected, or both, giving notice that
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parking is prohibited for a distance of fifteen feet away from any hydrant. When
such areas are signed or marked as provided in this subsection, no person shall
park or leave standing a vehicle within fifteen feet of any such fire hydrant.
B. Accessway Obstruction. No owner or lessee of the land or proprietor,
partner, officer, director, manager or agent of any business or other activity
carried on upon the land shall, after receiving notice thereof, permit or otherwise
allow, and no person shall cause any activity, practice or condition to occur or
exist or continue to exist upon the land which shall lessen, obstruct or impair the
access required to be maintained under Section 15.40.070
C. Parking Prohibitions. If in the judgment of the Fire Chief it is
necessary to prohibit vehicular parking along private accessways in order to keep
them clear and unobstructed, he may require the owner, lessee or other person
in change of the premises to paint the curbs red and/or paint the edge of the
roadway red to a width of four inches, upon which is closely marked the words
"Fire Lane" in white letters four inches in height and have a three -fourths -inch
stroke, at intervals of not less than fifty feet.
At the property owner's expense, the Fire Chief shall direct the owner,
lessee or other person in charge to post at all entrances and/or at the extremities
of each fire lane a sign reading "FIRE LANE — NO PARKING AT ANY TIME —
VIOLATORS SUBJECT TO TOW AT OWNER'S EXPENSE. Lodi City Code
Section 15.40.100c; CVC Section 22500(1), Lodi Police Department, 333-6727."
Thereafter, it is unlawful for such owner, lessee or other person in charge to fail
to install and maintain in good condition the form of notice so prescribed. When
such areas are marked and signed as provided in this subsection, no person
shall park or leave standing a vehicle adjacent to any such sign and shall be
subject to being towed or removed at the direction of a peace officer.
All required signs shall be twenty-four inches vertically by eighteen inches
horizontally. The minimum size lettering on the sign shall be as follows:
Sign Lettering Minimum Height
(inches)
FIRE LANE 2
NO PARKING AT ANY TIME 2
VIOLATORS SUBJECT TO
TOW AT OWNER'S EXPENSE 2
Lodi City Code
15.40.100
C.V.C. Sec. 22500(1)
Lodi Police Department
333-6727
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The sign face shall be white in color. All lettering or printing shall be red
in color, and all two-inch letters shall have a minimum one -fourth -inch stroke, and
all one -inch letters shall have a minimum three -sixteenths -inch stroke.
D. Prosecutions. Chapter 1,08 of this code applies to prosecutions under
this section.
15.40.110 Alteration or modification
On-site fire protection facilities, whether installed before or after the
effective date of the ordinance codified in this chapter, may be altered or repaired
with the written consent of the Fire Chief; provided, that such alteration or repairs
shall be carried out in conformity of Section 15.40.030.
CHAPTER 9.12
FIRES, FIREARMSAND FIREWORKS
9.12.010 Discharge of weapons and fireworks - fires
A. Any person who does any of the following without first obtaining a
special permit therefore, in writing, from the chief of police which permit shall
designate the time and place of such firing or discharging, is guilty of a
misdemeanor:
1. Fires or discharges any pistol, gun, rifle, firearm, cannon anvil loaded
with powder, bow, airgun or sling, or other dangerous missile is projected, within
the City.
B. Any person who does any of the following without first obtaining a
special permit therefore, in writing, from the Fire Chief which permit shall
designate the time and place of such firing or discharging, is guilty of a
misdemeanor:
1. Possesses, discharges or explodes any firecrackers, firerockets,
roman candles, chasers or other fireworks of any nature or kind; or
2. Makes any bonfire of any nature or kind, or who makes any bonfire or
burns any hay, straw, rubbish, shavings or other combustible materials within the
city limits at night.
C. The provisions of this section do not prohibit any person from shooting
destructive animals within or upon his own enclosure, nor prohibit the
establishment and maintenance of shooting galleries, in accordance with the
ordinances of the City.
SECTION 4. All ordinances and parts of ordinances in conflict herewith are repealed
insofar as such conflict may exist.
SECTION 5. No Mandatory Duty of Care. This ordinance is not intended to and shall
not be construed or given effect in a manner which imposes upon the City, or any officer
or employee thereof, a mandatory duty of care toward persons or property within the City
or outside of the City so as to provide a basis of civil liability for damages, except
otherwise imposed by law.
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SECTION 6. Severability. If any provision of this ordinance or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the ordinance which can be given effect without the invalid
provision or application. To this end, the provisions of this ordinance are severable. The
City Council hereby declares that it would have adopted this ordinance irrespective of
the invalidity of any particular portion thereof.
SECTION 7. This ordinance shall be published one time in "Lodi News
Sentinel," a newspaper of general circulation printed and published in the City of
Lodi and shall be in force and take effect thirty days after its passage.
Approved this 20th day of April, 2005
�01N BECKMAN, Mayor
Attest:
SUSAN BLACK N
City Clerk
State of California
County of San Joaquin, ss.
I, Susan Blackston, City Clerk of the City of Lodi, do hereby certify that
Ordinance No. 1759 was introduced at a regular meeting of the City Council of
the City of Lodi held April 6, 2005, and was thereafter passed, adopted and
ordered to print at a regular meeting of said Council held April 20, 2005, by the
following vote:
AYES: COUNCIL MEMBERS— Hansen, Hitchcock, Johnson,
and Mounce
NOES: COUNCIL MEMBERS— Mayor Beckman
ABSENT: COUNCIL MEMBERS— None
ABSTAIN: COUNCIL MEMBERS— None
I further certify that Ordinance No. 1759 was approved and signed by the Mayor
on the date of its passage and the same f as been puWishad purse+to )dw.
SUSAN BLACKSTO
City Clerk
ove s to to
D. SCH A
City Attorney
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