Ordinance 2053CITY OF ALAMEDA ORDINANCE NO. 2053
New Series
ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1979 EDITION,
COPYRIGHT 1979 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, H AND I 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 and 42 -B THEREOF
AS THE SECONDARY CODE; REGULATING CONDITIONS HAZARDOUS
TO LIFE 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, 12 AND 13 OF ORDINANCE NO. 1869 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, H and I 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 and 42 -B as the Secondary Code, Copyright 1979 by Inter-
national Conference 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, as said copies
have been deleted, changed and supplemented with the approval of
this Council, and each and all of the regulations, provisions,
conditions, requirements and terms thereof are hereby adopted as
the Fire Code of the City of Alameda for regulating conditions
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hazardous to life 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 Presention 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 Fire 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
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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 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 Li uids in Outside Aboveground Tanks
is to be Prohibited
(a) The limits referred to in Section 79.201 of the said
Uniform Fire Code in which storage of flammable or com-
bustible liquids in outside above ground 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,
Sections 14 -212 and 14 -213 of the Alameda
Municipal Code.
(b) The limits referred to in Section 79.601 of the said
Uniform Fire Code in which new bulk plants for flammable
or combustible liquids are prohibited are hereby established
as follows:
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(1) Fire Zones No. 1 and No. 2, which boundaries
thereof are designated in Chapter 2, Article 1,
Sections 14 -212 and 14 -213 of the Alameda
Municipal Code.
Section 5 Establishment of Limits in which Bulk Storage
of Liquefied Petroleum Gases is to be Restricted
(a) The limits referred to in Section 82.105(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,
Sections 14 -212 and 14 -213 of the Alameda
Municipal Code.
Section 6 Establishment of Limits of District in which
Storage of Explosives and Blasting Agents is to be Prohibited
(a) The limits referred to in Section 77.106(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,
Sections 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
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lessee, or his duly authorized agent, when there are practical
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 particu-
lars 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 8 . 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 Fire Code Board of Appeals, who shall be the
same five (5) persons as the Building Code Board of Appeals,
within thirty (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.
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 infraction, punishable by the penalty procedures
designated in Chapter 5 of Title I of the Alameda Municipal Code.
Section 11 Repeal of Conflicting Ordinances Ordinance
No. 1869 New Series, Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12
and 13 and all other prior ordinances or parts thereof conflicting
or inconsistent 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
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independent of the elimination herefrom of any such portion as
may be declared invalid.
Section 13 . Preemption This Ordinance shall not apply
when preempted by State law to the extent inconsistent therewith.
Preemption shall have no effect on those provisions, or parts
thereof, not inconsistent with State law.
Section 14 . 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.
5 � Attest: Presiding Officer of the Council
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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 regular meeting assembled on June 16, 1981,
by the following vote to wit:
AYES: Councilmen Diament, Gorman, Stone, and Vice Mayor Sherratt - 4.
NOES: None.
ABSENT: President Corica - 1
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 17th day of June, 1981.
City Clerk of th City f A ameda