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Ordinance No. 987 1 ORDINANCE NO. 987 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING CHAPTER 7, FIRE PREVENTION, OF THE CODE OF THE CITY OF VERNON AND ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1988 EDITION, INCLUDING SPECIFIED APPENDICES AND UNIFORM FIRE CODE STANDARDS PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSION AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH 4 5 6 7 8 WHEREAS, the City of Vernon by Ordinance No. 970 9 adopted the Uni form F ire Code, 1985 Edition, including 10 11 12 13 appendices I-C, II-A, II-B, II-D, III-A, III-B, III-C, IV-A, V-A and VI-A and the Uniform Fire Code Standards; and WHEREAS, the 1988 Edition of the Uniform Fire Code and Uniform Fire Code Standards copyrighted by the International 14 Conference of Building Officials and the Western Fire Chiefs 15 Association have been issued and include additional appendices; 16 and 17 WHEREAS, the City Council of the city of Vernon is 18 authorized, pursuant to Section 50022.2 et seq. of the 19 California Government Code, to adopt by reference said Code and 20 21 Standards and to amend them. THE CITY COUNCIL OF THE CITY OF VERNON DOES ORDAIN AS 22 FOLLOWS: 23 24 SECTION 1: Findinqs. The City council of the City of Vernon hereby finds and 25 26 determines that the recitals contained hereinabove are true and correct. 27 SECTION 2: Section 7.61 of the Code of the City of 28 Vernon is amended to read as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 7.61. Uniform Fire Code, 1988 Edition - Adopted. The Uniform Fire Code, 1988 Edition, including Appendices I-C, II-A, II-B, II-D, II-E, III-A, IIIB, III-C, III- D, IV-A, V-A, VI-A, VI-B and VI-D, and the Uniform Fire Code standards, 1988 Edition, copyrighted by the International Conference of Building Officials and the Western Fire Chiefs Association, except as provided in this article, are hereby adopted as the Fire Prevention Code of the City of Vernon. Appendices not listed herein are not adopted. SECTION 3: Section 7.63 of the Code of the City of Vernon is amended to read as follows: Sec. 7.63. Establishment of City Limits of the City of Vernon for specified enforcement purposes. The "limits established by law" referred to in the following cited Uniform Fire Code Sections are hereby established as follows: "within the City Limits of the City of Vernon." (a) Uniform Fire Code section 77.106(b) pertaining to storage of explosives and blasting agents. (b) Uniform Fire Code Section 79.501 pertaining to storage of flammable or combustible liquids. SECTION 4: Section 7.63-1 of the Code of the City of Vernon is hereby deleted. SECTION 5: section 7.64 of the Code of the City of Vernon is amended to read as follows: Sec. 7.64. Amendments, Additions, and Deletions. The Uniform Fire Code, 1988 Edition, is amended as -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 follows: (a) Uniform Fire Code Section 82.104 (b) entitled "Maximum Capacity within Established Limits" is deleted. (b) Uniform Fire Code section 2.106-1 is added as follows: U.F.C. Sec. 2.106-1. Enforcement bv Director of Community Services. The City Administrator may assign to the Director of Community Services all or part of the responsibility for enforcing Uniform Fire Code sections pertaining to building construction, equipment installation, and facilities installation including but not limited to access roads, address identification, street signs, key boxes, fire extinguishing systems, alarm systems, industrial facilities, gas and cryogenic systems, refrigeration, and storage. Any such assignment shall be in writing and shall specify the Uniform Fire Code sections or portion thereof so assigned. (c) Uniform Fire Code section 2.303 entitled "Board of Appeals" is deleted. (d) Uniform Fire Code Section 4.108 is amended to add the following subsections: U.F.C. Sec. 4.108. Permit Required. a.4 Activities that in the opinion of the Fire Chief shall require a permit. f.6 Fire Extinguishing and Protection Systems of all types f.7 Fire Alarm Systems -3- 1 2 3 4 5 6 7 8 9 (e) 10 as follows: 11 h.4 Hazardous Materials Monitoring System, Undergroundl Aboveground and related work p.3 Paint Spray Booths and Stacks u.1 Underground flammable or combustible liquid storage tanks (installed, removed, andlor abandoned) w.3 Waste oil Tanks Uniform Fire Code Section 4.109 is added to read 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 U.F.C. Sec. 4.109. Permit Procedure All applications for permits to construct as required under the provisions of the Uniform Fire Code shall be accompanied by plan check and permit fees established in a fee schedule adopted by the City Council. (a) To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the code enforcement agency for that purpose. (b) Plans, engineering calculations, diagrams, and other data shall be submitted in a minimum of three (3) sets with each application for a permit as required by the Fire Prevention Bureau. The Fire Chief may require plans and calculations to be prepared and designed by an engineer licensed by the State to practice as such. (c) Permit issuance shall be in accordance with the provisions of the Uniform Building Code as adopted by the City Council of the City of Vernon. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (f) Uniform Fire Code Section 10.207 (d) is hereby amended to read as follows: U.F.C. Sec. 10.207(d). Vertical Clearance. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than 15 feet. (g) Uniform Fire Code Section 10.307 is hereby amended to read as follows: U. F. C. Sec. 10.307. Sprinkler System Supervision Alarms. When serving 100 or more sprinklers, automatic sprinkler systems shall be supervised by an approved central or remote station which will give an audible signal at a constantly attended location. This is in addition to a required local alarm. (h) Uniform Fire Code Sec. 45.202 is hereby amended to add a new subsection (c) as follows: U.F.C. Sec. 45.202(c). Sprayinq or Dippinq Operations No spraying or dipping operations shall take place outside of a building except in an approved spray booth constructed in accordance with all applicable codes. SECTION 6: section 7.66 of the Code of the City of Vernon is amended to read as follows: Sec. 7.66. Ordinance Repealed. Ordinance Nos. 904 and 970, and all ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. III -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 7: Enactment of Penalty Sections. Pursuant to Government Code Section 50022.4 the following penalty sections of the Uniform Fire Code, 1988 Edition, are specifically enacted and published as set forth in Exhibits A, B, and C attached hereto: (a) Article 2, Division II, Duties and Procedures (Exhibit A). (b) Article 3, Compliance with Orders and Notices (Exhibit B). (c) Article 4, section 4.107, Revocation of Permits (Exhibit C). SECTION 8: Violation. Violation of this Ordinance or any part hereof is punishable by a fine of not more than Five Hundred Dollars ($500), or by imprisonment in the County Jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each day or any portion thereof during which any violation of any provision of this Ordinance is committed, continued or permitted, constitutes a separate and individual offense. SECTION 9: Severability. If any section, subsection, sentence, clause, or phrase or word of this ordinance is for any reason held to be void or unconstitutional, such decision shall not affect the validity of ordinance and each section, subsection, sentence, clause or 28 -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 phrase thereof irrespective of the fact that one or more of the sections, subsections, clauses, sentences or phrases thereof may be declared void or unconstitutional. SECTION 10: Public Hearing. Pursuant to Government Code Section 50022.3 the City Council hereby schedules a public hearing on June 5. 1990, at 5:00 p.m., or as soon thereafter as the matter may be heard at the Council Chambers of the Vernon City Council located at 4305 Santa Fe Avenue, Vernon, Cal ifornia, for the purpose of considering the adoption of the 1988 Edition of the Uniform Fire Code including Appendices I-C, II-A, II-B, II-D, II-E, III-A, III-B, III-C, III-D, IV-A, V-A, VI-A, VI-B and VI-D and the Uniform Fire Standards. The City Clerk shall post a notice of said hearing in the same manner as provided for the posting of ordinances, stating that said hearing shall be conducted, the purpose of said hearing, and the copies of said Code are on file with the City Clerk and are available for public inspection. Such notice shall also be published in accordance with Government Code Section 6066 in the Metropolitan News, which the City Council finds to be a newspaper of general circulation nearest to the City most appropriate for this purpose. SECTION 11: Copies on File with city Clerk. Pursuant to Government Code Section 50022.6 one certified copy of the Uniform Fire Code, 1988 Edition, and the Uniform Fire Code standards, 1988 Edition, shall be made available for public inspection in the office of the City Clerk for at least fifteen (15) days prior to the hearing. -7- 1 2 SECTION 12: Posting. The City Clerk is hereby directed to certify to the 3 passage of this ordinance and shall post the same, or cause the 4 same to be posted, within fifteen (15) days after its passage in 5 accordance with Section 36933 of the Government Code, in three 6 7 (3) of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the 8 9 northeast corner of Leonis Boulevard and Pacific Boulevard, and on the bulletin board in the lobby of the City Hall of said 10 11 City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California. 12 13 14 SECTION 13: Effective Date. This ordinance shall be in full force and effect thirty (30) days from and after its passage of the same. 15 16 APPROVED AND ADOPTED this 5th day of June , 1990. ~: A/?: ~ / ~~TflfJ.~i:.t~~;e<iaYor 20 BRUCE V MALKENHORST, City Clerk Pro Tem 21 22 23 24 25 26 27 28 -8- 1 STATE OF CALIFORNIA ) 2 ) ss COUNTY OF LOS ANGELES ) 3 4 I, BRUCE V. MALKENHORST, City Clerk of the City of 5 6 Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 987, was duly and regularly introduced at a 7 8 9 10 11 regular meeting of the City Council of the City of Vernon, held on Tuesday, May 15. 1990 , and thereafter finally adopted at a regular meeting of said City Council held on Tuesday, June 5. 1990 and thereafter duly signed by the Mayor of the City of Vernon, by the following vote: 12 13 14 15 16 17 18 19 20 ( SEAL) 21 22 23 24 25 26 27 28 AYES: Four Councilmen: Ybarra, Davis, Gonzales McCormick NOES: None Councilmen: None ABSENT: One Councilmen: Malburg (excused) /L_ ~4' BRUCE V. MALKENHORST, City Clerk -9- EXHIBIT A 2.201-2.204 UNIFORM FIRE CODE Division II DUTIES AND PROCEDURES Inspections and Unsafe Buildings Sec. 2.201. (a) Inspection. The fire prevention bureau shall inspect, as often as may be necessary, all buildings and premises, including such other hazards or appliances as the chief may designate for the purpose of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread, or any violation of the purpose or provisions of this code and of any other law or standard affecting fire safety. (b) Unsafe Buildings. All buildings or structures which are structurally unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, fire hazard, disaster damage or abandonment as specified in this code or any other effective ordinance, are, for the purpose of this section, unsafe buildings. All such unsafe buildings are hereby declared to be public nuisances and shall be abated by repair. rehabilitation, demolition or removal in accordance with the procedure specified in Chapters 4 through 9 of the Uniform Code for the Abatement of Dangerous Buildings or by any other proce- dures provided by law. Investigations Sec. 2.202. The frre department shall investigate promptly the cause, origin and circumstances of each and every fire 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 is of suspicious origin, they shall then take immediate charge of all physical evidence relating to the cause of the fire and shall pursue the investigation to its conclusion. The police department shall assist the fire department in its investigations whenever requested to do so, unless otherwise directed by the chief of police. Records and Reports Sec. 2.203. (a) Fire Occurances. The fire department shall keep a record of all fires occurring within its jurisdiction and of all facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with such other information as may be required by the chief. (b) Record Retention. The fire prevention bureau shall retain for not less than three years a record of each inspection and investigation made showing the cause, the findings and disposition of each such inspection or investigation. Orders, Notices and Tags Sec. 2.204. (a) General. Whenever the chief or his duly authorized representa- tive shall find in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accu- 4 EXHIBIT A 1988 EDITION 2.204-2.205 mulations of wastepaper, boxes, shavings or any highly flammable materials which are so situated as to endanger life or property: or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building or premises; or shall find that the effectiveness of any exit door. attic separation or any fire separation wall is reduced; or shall find that this code is being violated, he shall issue such orders as may be necessary for the enforcement of the fire prevention laws and ordinances governing the same and for the safeguarding of life and property from fire. (b) Unsafe Heating or Electrical Equipment and Structural Hazards. Whenever the chief or his duly authorized representative deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device. electric fixture or any appurtenance thereto. or anything regulated under a nationally approved standard in or upon any building. structure or premises not specifically mentioned in this code, to be defective or unsafe so as to create an immediate hazard, he shall serve upon the owner or the person having control of the property a written notice to repair or alter as necessary and shall notify any other authority enforcing codes regulating such equipment. He may affix a condemnation tag prohibiting the use thereof until such repairs or alterations are made. When affixed, such tag may be removed only by the order of the chief or his duly authorized representative and may be removed only when the hazard to which the order pertains has been eliminated in an approved manner. Until removed. that item or device which has caused the hazard shall not be used or be permitted to be used. When an apparent structural hazard is caused by the faulty installation. opera- tion or malfunction of any of the hereinabove mentioned items or devices, the chief shall immediately notify the building official who shall investigate such hazard and shall cause such hazard to be abated as required under the Building Code. (c) Stopping Uses, Evacuation. The chief may order the operation or use stopped, or the evacuation, of any premises, building or vehicle or portion thereof which has or is a fire hazard. (d) Every order or notice shall set forth a time limit for compliance dependent upon the hazard and danger created by the violation. Service of Orders and Notices Sec. 2.205. Any order or notice authorized or required by this code shall be given or served upon the owner, operator, occupant or other person responsible for the condition or violation either by verbal notification, personal service, or by delivering the same to and leaving it with some person of suitable age and discretion upon the premises; or, if no such person is found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to his last known address. Orders or notices which are given verbally shall be confirmed by service in writing as herein provided. 5 EXHIBIT B 3.101-3.104 UNIFORM FIRE CODE ARTICLE 3 COMPLIANCE WITH ORDERS AND NOTICES Unlawful Continuance of Fire Hazard Sec. 3.101. Any person operating or maintaining any occupancy, premises or vehicle subject to this code who shall permit any fire hazard to exist on premises under his control or who shall fail to take immediate action to abate a fire hazard when ordered or notifed to do so by the chief or his duly authorized representati ve shall be guilty of a misdemeanor. Compliance with Order or Notice Sec. 3.102. Any order or notice issued or served as provided in this code shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the order or notice pertains. In cases of extreme danger to persons or property immediate compliance shall be required. If the building or other premises is owned by one person and occupied by another, under lease or otherwise, and the order or notice requires additions or changes in the building or premises such as would immediately become real estate and be the property of the owner of the building or premises, such order or notice shall be complied with by the owner unless the owner and occupant have otherwise agreed between themselves, in which event the occupant shall comply. Compliance with Condemnation Tag Sec. 3.103. A building, premises or thing shall not be used when in violation of this code as noted on a tag affixed under Section 2.204. Removal or Destruction of Signs or Tags Sec. 3.104. A sign or tag posted or affixed by the chief or his authorized representa~ve shall not be mutilated, destroyed or removed without authority to do so. EXHIBIT B 12 EXHIBIT C UNIFORM FIRE CODE 1 Revocation of Permits Sec. 4.107. Any permit issued under this code may be suspended or revoked when it is determined after a hearing by the chief that: (a) It is used by a person other than the person to whom the permit was issued. (b) It is used for a location other than that for which it was issued. (c) Any of the conditions or limitations set forth in the permit have been violated. (d) The permittee fails, refuses or neglects to comply with any order or notice duly served upon him under the provisions of this code within the time provided therein. (e) There has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or application was based. EXHIBIT C 14 SUPPORTING DOCUMENTS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF VERNON ) I, BRUCE V. MALKENHORST, CITY CLERK of the City of Vernon, do hereby certify that I did, on the 7th day of June 1990, have posted three (3) copies each of: Ordinance No. 987; Ordinance No. 988; and Ordinance No. 989; one in each of the following places, to wit: at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Signed this II6/..- day of 9:~ J1 Bruce V. Malkenhorst, City Clerk , 19"';70. ,~b Subscri~~d and s 0 this L:2. z,cday of ( before me , 19:r .::1 . . ! 1 tl-&-ad and for the County State of California OFFICIAL SEAL GLORIA J. OROSCO NOTARY PUBLIC. CALfORtM LOS ANGELES COUNTY My Comm. Expires May 26, 1994 DECLARATION OF PUBLICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES MS. GLORIA OROSCO CITY OF VERNON 4305 Santa Fe Avenue Vernon, CA 90058 Attn: City Clerk's Office ORDINANCE ORD. NO. 987 ORD NO. 987 The undersigned says: I am over the age of 18 years and a citizen of the United States. I am not a party to and have no interest in this matter. I am a principal clerk of the co-publishers of the Metropolitan News-Enterprise, a newspaper of general circulation in the City of Los Angeles, the County of Los Angeles, and the State of California, as adjudicated in Los Angeles Superior Court Case No. 601165. The notice, a true copy of which is attached, was published on the following date(s): 05/16/90 OS/24/90 I declare under penalty of perjury that the foregoing is true and correct. Executed at Los Angeles, California on CUSTOMERi 001349 CONTROL i 00069760 OS/24/90 11111111111111111111111111111111111 p ~ f ...... Gf .......... t .. ~ of Vemoo wm 'conduct a Pub1Jc IleatInO wlIlch JOU may .... ~:'Yemon CIty HIlI. CIty .CouIIIlll ClIiInlbe!a. _ SIn1a Ft AYenue. Vtmon. CA ~ 'fIME: t_. June 5. '-'114:4&').111. or , ' ..1OllI1..........~#lt..._Ile~. i '. ~:.To j;OIlSider the adopIIOIIOf lhe .t..EllIlton 01 tile unIfOrInFlle COde InCIudltig i~l.c, tJ.A. 11.8, I~O. II.e, III.A, IIl.B.1I!- i>.~\IIW).IY"" V-A. VI.A. V1-B IIIId VI-D and the , tIilfonn MSIJIldards. "'~FlLE: ...........and tile .. wl!l'1le __In the.ofllQ! Of. .... Glly C!IIIk.. Yemon Cllyfllll; 43115 SIllIIft AftnuI. ........thel1ll\l!1 Of 7:15 a.m. IIIId 5:15 p,m. ~~~....'... lfy!!u chaIlIn08 lhII~P;lI\llll!!" ......;or anylll'O'ltllons ~.__.... 11m_no ra1slllg Of1ly\l'lOS8'1ssIIa$ you or so- nllIonI'~ raised allhll heatlilO ~ In this '.. or In WJttten c~~ to the city Of VetIlOIIat. or prior to tile meel1lIo. QATEO: 5-1s..~ ..' . . illluce V:_KENIIORST , CIty Admi~/Cily Clerk CN8e76O MJy16.24 P.O. Box 60859 Los Angeles, CA 90060 (213) 628-4384 o,dilll M.E.T.N.E.W.S