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Ordinance 1869CITY OF ALAMEDA ORDINANCE NO. 1869 NEW SERIES ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1976 EDI'T'ION, COPYRIGHT 1976 BY INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS AND WESTERN FIRE CHIEFS ASSOCIATION: WITH AMENDMENTS, ADDITIONS AND DELETIONS THEREOF AS THE PRIMARY CODE; APPENDICES A, B, C, D, E, F, G AND UNIFORM FIRE CODE STANDARDS ENUMERATED IN TABLE 5 -A, 5 -B, 5 -C, 5--D, 11 -A, 11 -B, 17 A, 33 -A, 38 -A, 42 -A, 42 -B THEREOF AS THE SECONDARY CODE; REGULATING CONDITIONS HAZARDOUS TO LXFE AND PROPERTY FROM FIRE OR EXPLOSION; PROVIDING FOR ISSUANCE OF PERMITS; PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND REPEALING SECTIONS 1, 2 3, 4, 5, 6, 7, 8, 9, 10, 14, 15 and 16 OF ORDINANCE NO. 1719 NEW SERIES AND ANY ORDINANCES AND PORTIONS OF ORDINANCES IN CONFLICT THEREWITH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA that: Section 1 . This Ordinance shall be known as the "Fire Code of the City of Alameda ", may be cited as such, and will be referred to herein as "this Ordinance" or "this Code" or "Uniform Fire Code ". The Uniform Fire Code, as the Primary Code, and Appendices A, B, C, D, E, F, G and Uniform Fire Code standards• enuwerated in table 5 -A, 5 -B, 5 -C, 5 -D, 11 -A, 11 -B, 17 -A, 33 -A, 38 -A, 42 -A, 42 -B as the Secondary Code, Copyright 1976 by International Con- ference of Building Officials and Western Fire Chief Association, copies of which have been placed on file with the City Clerk for use and examination by the public and by Resolution No. 8699 declared to be public records, as said copies have been deleted, changed and supplemented with the approval of this Council, and each and all of the regulations, provisions, conditions, require- ments and terms thereof are hereby adopted as the Fire Code of the City of Alameda for regulating conditions hazardous to life -1- and property from fire or explosion and by this reference are incorporated herein and made a part hereof to the same effect as though set forth herein in full. Section 2 Establishment and Duties of Bureau of Fire Prevention (a) The said Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Alameda, which is hereby established and which shall be operated 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. (c) The Chief of the Fire Department may detail such members of the Fire Department, as inspectors, as shall from time to time be necessary. The Chief of the Fare Department shall recommend to the City Manager the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to deter- mine their fitness for the position. The examination shall be open to members and non- members of the Fire Department, and appointments made after examination 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 -2-- 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 recommend any amendments to the code which, in his judgment, shall be desirable. Section 3 Definitions. (a) Whenever the word "municipality" is used in the Fire prevention code, it shall be held to mean the City of Alameda. (b) Whenever the term "corporation counsel" is used in the Fire Prevention Code, it shall be held to mean the City Attorney of the City of Alameda. Section 4. Establishment of Limits in which Storage of Flammable or Combustible Liquids in outside Aboveground Tanks is to be Prohibited (a) The limits referred to in Section 15.201 of the said Uniform Fire Code in which storage of flammable or com- bustible 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, Article 1, Section 14 -212 and 14 -213 of the Alameda Municipal-Code. (b) The limits referred to in Section 15 -601 of the said Uniform Fire Code in which new bulk plants for flammable or combustible liquids are prohibited are hereby establish- ed as follows: -3- (1) Fire Zones No. 1 and No. 2, which boundaries thereof are designated in Chapter 2, Article 1, Section 14 -212 and 14 -213 of the Alameda Municipal Code. Section 5 Establishment of Limits in which Bulk Storaqe of Liquefied Petroleum Gases is to be Restricted (a) The limits referred to in Section 20- 105(a) of the said Uniform Fire Code, in which bulk storage of liquefied gas is restricted are hereby established as follows: (1) Fire Zones No. 1 and No. 2, which boundaries thereof are designated in Chapter 2, Article 1, Section 14 -212 and 14 -213 of the Alameda Municipal Code. Section 6 Establishment of Limits of Districts in rich Storage of Explosives and . Blasting Agents is to be :ohibited (a) The limits referred to in Section 11-106(b) of the said Uniform Fire Code in which storage of explosives and blasting agents is prohibited is hereby established as follows: (1) Fire Zones No. 1 and No. 2, which boundaries thereof are designated in Chapter 2, Article 1, Section 14 -212 and 14 -213 of the Alameda Municipal Code. Section 7. Modifications The Chief of the Fire Depart- ment shall have power to modify any of the provisions of the Uniform Fire Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical -4- difficulties in the way of carrying out the strict letter of the code, provided, that the spirit of the code shall be observed, public safety secured and substantial justice done. The part- iculars of such modification when granted 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 S . 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, that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the Building Code Board of Appeals established by Section 204, Uniform Building Code, within 30 days from the date of the decision of the Chief. Section 9 New Materials, Processes or Occupancies which may Require Permits The Chief of the Inspection Division of the Department of Public 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, processes 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 copies thereof to interested persons. -5- Section 10 . Penalties Any person who shall violate 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 severally for each and every such violation and non - compliance, respectively,,be guilty of a misdemeanor, punishable by the penalties as designated in Sections 1 -411 and 1 -412 of the Alameda Municipal Code. Section 11 Repeal of Conflicting Ordinance Ordinance No. 1719 New Series, Section 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 14, 15, 16 and all other prior ordinances or parts thereof conflict- ing or inconsistant with the provisions of this ordinance or of the Code hereby adopted, to the extent of such conflict only, are hereby repealed. Section 12 . Validity The Council of the City of Alameda hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Code hereby adopted, be declared for any reason to be invalid, it is the intent of the 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 invalid. Se ction 13 . This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from U- o ;� the date of its final passage. 2 `v < Presid' Officer of the Council Attest—' City Clerk -7- I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in adjourned regular meeting assembled on the 24th day of May, 1977, by the following vote, to wit: AYES: Councilmen Beckam, piament, Sherratt, Tillman and President Corica, (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 25th day of flay, 1977. City Cler of t e City of A ameda