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Ordinance 1585ORDINANCE 1585 ADOPTING BY REFERENCE, AS PRIMARY CODE, A FIRE PREVENTION CODE, PRESCRIBING REGULATIONS GOV E R N I N G CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE O EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE' PREVENTION AND PRO VIDING OFFICERS' THEREFOR AND DEFINING THEIR POWERS AND DUTIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA: Section 1. Adoption of Fire Pre- vention Code. There is hereby adopted by the City of Alameda, as the `Primary Code," for the purpose of pre- scribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Fire Prevention Code recom- mended and copyrighted by the American Insurance Association, sucessor to the National Board of Fire Underwriters, being the 1965 ' edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the said City and the same are hereby adopted and incor- porated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions there- of shall be controlling; within the limits of the said City. Said Code, and this Ordinance, shall ' be known and may be cited as the "Fire'' Prevention Code of the City of Alameda," and is adopted pursuant to Sections 50022.1 and following, Government Code of California. Section 2. Establishment and Duties of Bureau of Fire Pre- vention. (a) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Ala - meda, which is hereby estab- lished and which shall be oper- ated under the supervision of the Chief of the Fire Department. (b) The Chief (or Fire Marshal) in charge of the Bureau' of Fire Prevention shall be appointed by the Chief of the Fire, Department on the basis of examination to determine his qualifications. (c) The Chief of the Fire De- partment may detail such mem- bers of the Fire Department, as inspectors, as shall from time to time be necessary. The Chief of the Fire Department shall recom- mend to the City Manager the tion is made, shall be selected through an examination to de- termine their fitness for the posi tion. The examination shall ' be open to members and non -mem- bers of the Fire Department, and appointments made after exami- nation shall be for an indefinite term, with removal only for cause. (d) A report of the Bureau of Fire Prevention shall be made annually ' and transmitted to the chief executive officer of the municipality; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also rec- ommend any amendments to the code which, in his judgment, shall be desirable. Section 3. Definitions. (a). Whenever the word : "munic- ipality'' is used in the Fire Pre - ventioniCode, it shall be held to mean the City of Alameda. (b) Whenever the term "corpo- ration counsel" is used in the Fire Prevention Code, it shall be held to mean the Attorney for the City of Alameda: Section 4. _Establishment of Limits of Districts in which,Stor- age ' of Flammable Liquids : in Outside 'Aboveground Tanks is to be Prohibited. (a) The limits referred to in Section 16:22 -(a) of the Fire Pre - vention Code in which storage of flammable liquids in ' outside aboveground tanks is prohibited are hereby established as follows: 1. Fire Zones No. 1 and No. 2, which boundaries thereof are designated in Chapter 2, Arti- cle 1, Section 14 -212 and 14- 213 of the Alameda Municipal Code. Section 5. Amendments made in the Fire Prevention Code. The Fire Prevention Code is amended, changed and added to in the following respects: (a) The following section ds hereby added to Article 7: Section 7,6. Smoking. No smoking signs to be posted; letters on said signs shall be not less than 5 inches high indicating that no smoking is allowed where combustible fibers are stored or handled. (b) The following sections of Article 13 are ; hereby deleted ' in their entirety: Sections 13.1 to 13.6, inclusive. (c) Paragraph (d)' is hereby added to Section 16.109, to read as follows: (d) It shall be unlawful to use other than tank trucks or semi- trailers for bulk deliv- ery to service stations or other retail outlets. Tank trucks with full trailers are not allowed. (d) Article 27 is hereby amend- ed to read as follows: Section 27.1. Definitions. (a) Decorative Material shall „„li,rin 011 c,snh : m.s +ni.i,le be eries, streamers, surface cov- erings applied over the build- ing interior finish for decora- tive, acoustical or other ef- fect and also cloth, cotton batting, straw, vines, leaves, trees and moss used for dec- orative effect, but it shall not include ordinary win- dow shades, nor materials one fortieth of an inch or less in thickness applied di- rectly to and adhering to a noncombustible base. (b) Place of Public Assembly shall mean a room or en- closure for the gathering to- gether of fifty (50) or more persons for such purposes as amusement, entertainment, in- struction, or education. Section 27.2. Permits Required. No place of assembly as de- fined in Section 27.1 (b) shall be maintained, operated or used as such without a permit. Section 6. Modifications. The Chief of the Fire Depart - meni shall have power to modify any of the provisions of the Fire Department Code upon applica- tion in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carry- ing out the strict letter of the code, provided, that the spirit of the code shall be observed, pub- lic safety secured, and substan- tial justice clone. The particulars of such modification when grant- ed or allowed and the decision of the Chief of the Fire Department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. Section 7. Appeals. Whenever the Chief of the Fire Department shall disapprove 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 - intent and meaning of the code have been misconstrued or wrongly interpreted, the appli- cant may appeal from the deci- sion of the Chief of the Fire De- partment to the Council of the City of Alameda within 30 days from the date of the decision of the appeal. Section 8. New Materials. Proc- esses or Occupancies which may Require. Permits.' The Chief of the Inspection Di- vision of the Department of Pub- lic Works, the Chief of the Fire Department, and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, proc- esses or occupancies, which shall require permits, in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute c o p i e s thereof to interested persons. any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Council of the City of Alameda, or by a court of competent jurisdiction, within the time fixed herein, shall se- verally for each and every such violation and non - compliance, re- spectively, be guilty of a misde- meanor, punishable by the penal- ties as designated in Sections 1 -411 and 1-412 of the Alameda Municipal Code. Section 10. Repeal of Conflict - ing Ordinances. dinances. Ordinance No. 1322 N.S. and all other prior ordinances or parts thereof conflicting or inconsistent with the provisions of this ordi- nance or of the code - hereby adopted, to the extent of such conflict only, are hereby repealed. Section 11. Validity. The Council of the City of Ala- meda hereby declares that should any section, paragraph, sentence or word - of this ordinance or of the code hereby adopted, be de- clared for a -,v reason to be in- valid, it is the intent of t?, Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared in- valid. Section 12. Date of Effect. This ordinance shall be in full force and effect from : and after the expiration of thirty (30) days from the date of its final passage. WILLIAM M. MCCALL Presiding Officer of the Council Attest: IRMA L. NELSON City Clerk 4 O 1, the undersigned, hereby cer- tify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in regular meet- ing assembled on the 1st day of April, 1969, by the following vote, to wit: AYES: Councilmen Isaacs, La Croix, Jr., Levy and President McCall •(4). NOES: None. ABSENT: Councilman Fore (1). IN - WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of April, 1969. (SEAL) IRMA L. NELSON City Clek of the City of Alameda No. A -249. Publish April 4, 1989.