HomeMy WebLinkAbout2002-10-08; City Council; NS-637; Adopt by Reference the California Fire Code...1
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ORDINANCE NO. NS-637
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 17 OF THE CARLSBAD MUNICIPAL CODE TO
ADOPT BY REFERENCE THE 2001 EDITION OF THE CALIFORNIA FIRE CODE.
The City Council of the City of Carlsbad, California, does ordain as follows:
SECTION 1: The City Council of the City of Carlsbad finds that improved fire
protection in the form of automatic fire sprinklers is necessary in larger commercial and
industrial buildings to insure the early control of fires and to prevent their spread. This
finding recognizes regional geologic conditions and the likelihood of numerous structure
tires following a greater magnitude seismic event. It also considers the limited ability of
local emergency services to provide fire protection due to extraordinary service demands
following such events. Further basis for the finding is concern for local topographic
conditions and irregular elevations along primary travel routes throughout the city. These
conditions impede the rapid deployment and effectiveness of emergency resources.
SECTION 2: That existing Title 17, Chapter 17.04 of the Carlsbad Municipal Code is repealed
and a new Chapter 17.04 is reenacted to read in its entirety as follows:
“17.04 FIRE PREVENTION CODE
Sections:
17.04.010 Adopted.
17.04.020 Section 901.4.2 amended - Marking of tire apparatus access roads.
17.04.030 Sections 1003.2.2 amended - Automatic fire extinguishing systems.
17.04.040 Section 7701.7.2 amended -Prohibiting storage of explosives.
17.04.050 Section 7902.2.2.1 amended - Restricting aboveground storage of
flammable and combustible liquids.
17.04.060 Section 8204.2 amended - Restricted storage liquefied petroleum
gas.
17.04.070 Violations.
17.04.080 Emergency services cost recovery.
17.04.010 Adouted. The City of Carlsbad adopts by reference the 2001 Edition of
the California Fire Code, two copies of which are on file in the office of the City Clerk,
known as California Code of Regulations, Title 24, Part 9 except for the following
amendments thereto.. The City amends the provisions of the California Fire Code to include
the requirements of the 2000 Edition of the Uniform Fire Code of Western Fire Chiefs ‘I
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Association for those occupancies not subject to the California Fire Code. As adopted and
amended herein, the California Fire Code becomes the Fire Code of the City of Carlsbad.
Section 901.4.2. amended - Markine of fire apparatus access roads. Section 901.4.2
is amended to read:
901.4.2 Markin5. When required by the Chief, one or more of the following
methods shall he used to identify fire apparatus access roads and prohibit their obstruction:
1. The entire length of the road shall be marked by approved signs posted at intervals
no greater than one hundred feet, which identify the road as a “Fire lane” and state
the prohibition of parking therein. The sign shall also warn that vehicles in violation
are subject to citation or removal. Such signs shall be posted in a permanent manner
at a height no greater than nine feet and no less than seven feet; or,
2. Standard curbs bordering fire access roads shall have the words “NO PARKING
FIRE LANE” painted upon their horizontal and vertical surfaces at intervals of not
more than twenty-five feet. Letters shall be of block style, minimum five (5) inches
in height with a stroke of not less than % inch, and shall be white on a red
background. The background shall extend at least six inches beyond the first and
last letters of the text; or,
3. A monument type sign may be placed at the entrance to a private street which
provides information as stated in sub-section 1, with additional wording necessary to
inform approaching traffic or parking restrictions. Such signs must be approved by
the Police Department and the Fire Marshal prior to installation.
17.40.030 Sections 1003.2.2 amended - Automatic Fire-extineuishine Svstems.
Section 1003.2.2 of the California Fire Code is amended to add:
6. Excluding detached R-3 occupancies, in buildings two or more stories in height, an
automatic fire extinguishing system shall be installed in those areas which lie below
the lowest elevation of Fire Department vehicular access. The access elevation shall
be determined by the Chief.
7. Other provisions of this section notwithstanding, all buildings hereafter constructed
in which the aggregate floor area exceeds 10,000 square feet shall be protected
throughout by an approved automatic fire sprinkler system.
8. Other provisions of this section notwithstanding, all existing buildings in which the
aggregate floor area is expanded to exceed 10,000 square feet shall be protected
throughout by an approved automatic fire sprinkler system.
ll Ord No. NS-637 -2-
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17.04.040 Section 7701.7.2 amended -Prohibiting storage of exulosives.
Section 7701.7.2 of the California Fire Code is amended to read:
7701.7.2. Prohibition of storage. Storage of explosive materials is prohibited within
the city limits.
17.04.050 Section 7902.2.2.1 amended - Restricted locations for storage of
flammable and combustible liauids in aboveground tanks. Section 7902.2.2.1 of the
California Fire Code is amended to read
7902.2.2.1. Locations where aboveground tanks are prohibited. The storage of
Class I and Class Ifliquids in aboveground tanks outside of buildings is prohibited
within the city limits.
Exception: (1) Farms, rural areas and construction sites as provided in Section
7904.2 of this code.
Exception: (2) With the Chiefs approval Class I and II liquids may be stored
aboveground outside of buildings in specially designed approved and listed tanks, having
features incorporated into their design which mitigate concerns for exposure to heat,
ignition sources and mechanical damage. Tanks must be installed and used in
accordance with their listing, and provisions must be made for leak and spill
containment. Storage in such tanks on any site shall not exceed 550 gallons for Class I
or 1100 gallons for Class 11 liquids. The Chief may disapprove the installation of such
containers when, in the Chiefs opinion, their use presents an unacceptable risk to life or
property. In no case shall such storage be permitted on residential property. The Chief
may allow an increase in storage volume when it is found that such an increase serves
public safety interests.
17.04.060 Section 8204.2 amended -Restricting storage of liquefied petroleum gas.
Section 8204.2 of the California Code is amended to read as follows:
8204.2 . Maximum capacity within the city limits. Within the city limits, the
aggregate capacity of any one LP-gas storage installation shall not exceed a 2,000 gallon
(7571 L) water capacity.
17.04.070 Violations.
17.04.070. Except as otherwise provided in this code, any person or corporation who
violates any provision of this chapter is guilty of an infraction, except that the fourth and
each additional violation of a provision of this chapter in a 12-month period shall be a
misdemeanor. Penalties for a violation of this chapter shall be as designated in Chapter
1.08 of the Carlsbad Municipal Code.
Ord No. NS-637 -3-
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17.04.080 Recoverv of costs associated with certain emergency services provided by
the City Fire Department.
17.04.080. The City shall be entitled to recover the cost of emergency services as
described in sub-sections 1 through 5. Service costs shall be computed by the Fire
Department under the direction of the City Finance Department and shall include the
costs of personnel, equipment facilities, materials and other external resources.
1. Any person or corporation who allows a hazard to exist on property under
control of that person or corporation, after having been ordered by the Fire
Department or other city department to abate that hazard, is liable for the cost of
services provided by the Fire Department should an emergency arise as a result
of said unabated hazard.
2. Any person or corporation whose negligence causes an incident to occur on any
public or private street, driveway or highway, which, for the purposes of life,
property or environmental protection, places a service demand on the City Fire
Department resources beyond the scope of routine service delivery, shall be
liable for all costs associated with that service demand.
3. Any person or corporation responsible for property equipped with fire protection
or detection devices which, due to malfunction, improper manipulation or
negligent operation causes a needless response by the Fire Department to the
property shall, for a period of 12 months after written notification by the Fire
Prevention Bureau, be liable for all future costs associated with each subsequent
needless response caused by those devices.
4. Any person or corporation who conducts unlawful activity which results in fire,
explosion, chemical release or any other incident to which the Fire Department
responds for the purpose of performing services necessary for the protection of
life, property or the environment, shall be liable for the costs associated with the
delivery of those services.
5. When, the interest of public safety, the Fire Chief, pursuant to Section 2501.18
of this code, assigns Fire Department employees as standby personnel at any
event, or upon any premises, the person or corporation responsible for the event
or premises shall reimburse the Fire Department for all costs associated with the
standby services.”
EFFECTIVE DATE This ordinance shall be effective 30 days after its adoption,
and the City Clerk shall certify to the adoption of this ordinance and cause it to be
rd. No. NS-637 -4-
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published at least once in a newspaper of general circulation within the city of Carlsbad
within 15 days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of said City Council held
on the 1st day of OCTOBER ,2002 and thereafter
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council held
on 8th day of OCT. ,2002, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard,
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
(SEAL)
rd. NO. NS-637 -5-