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Ordinance 1322ORDINANCE NO. 1322 NEW SERIES AN ORDINANCE ADOPTING A `FIRE PREVENTION CODE PRE- SCRIBING REGULATIONS GOV- ERNING CONDITIONS HAZARD- OUS TO LIFE AND PROPERTY FROM FIRE OR :EXPLOSION. AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PRO- VIDING OFFICERS THEREFOR AND DEFINING THEIR' POWERS AND DUTIES. BE IT ORDAINED BY THE COUN- CIL OF THE C:II'Y OF ALAMEDA: Section 1. Adoption of Fire Preven- f9on Code. There is hereby adopted by the Council of the City of Alameda for the purpose of prescribing regula- tions governing conditions hazardous to life and property from fire or ex- plosion, that certain code known as the Fire Prevention Code recom- mended by the National Board of Fire Underwriters, being ;particular- ly the 11156 edition thereof, and the whole thereof, save and except; such Portions as are hereinafter deleted, re edified or amended (by : ;Section ;:5 of this ordinance), of which code not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Alameda, and the same are hereby adopted and incorporated fully as if set out at length herein, and from the date on which this ordinance shall take effect; the provisions thereof shall be controlling within the limits of the City of Alameda. Section 2. Establishment and Duties of Bureau of Fire Prevention. (a) The Fire Prevention 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 Preven ton shall be appointed by the Chief ci the Fire Department on the basis of examination to determine his Qualifications. (c) The Chief of the Fire Depart- nient may detail such members of the Fire' Department, as inspectors, , shall from time to time be neces- sary, The Chief of the Fire 'Depart- ment shall recommend to the City Manager the employment of technical inspectors,; who, when such author- ization is made,; shall be selected through an examination to determine heir fitness for the position The ex- amination shall be open tomNmbers' and non - members of the Fire De- partment, and appointments made 'af- ter examination shall be for an in- definite term, with removal only for cause. (d) A report of the Bureau of Fire Prevention shall be made- annually and transmitted to the chief execu- tive 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- Section 3. Definitions. (a) Whenever the word "munici pality "'is used in the Fire' Prevention Code, it shall be held to mean the City of Alameda (b) Whenever the term "corpora- tion counsel" is used in the Fire Preven ion Code,' it shall ' be held to mean Vie Attorney for the City of Alameda; Section 4. Establishment of Limits of DistActs in which Storage of Flammable Liquids in Outside Aboveground Tanks is to be :Pro- hibited. (a) The limits referred: to in Sec- tion 15.201 of the Fire Prevention Code in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as follows: 1 Fire: Zones No. 1, No 2, and No. 3, which boundaries thereof are desig: dated in Chapter 2, Article 1, Sec- tions 14 -212, 14 -213 and 14 -214 of : the Alameda.'. Municipal Code (b) The limits referred to in Sec -: tion 15.401 of the Fire Prevention Code, in which new bulk plants; for flammable liquids are prohibited, are hereby established as follows: 1. Fire Zones No. 1, No, 2 and No. 3, which boundaries thereof are de- signated in Chapter 2, Article 1, Section s14- 212,,14 -213 and 14 -214 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 arespects: (a) The heading of Article 2' is hereby amended to read TIRE REBUILDING PLANTS (b) Section 2,91 is hereby amended to read: Section 2,41. General. Tire rebuilding plants shall conform to all other applicable requirements of this code' as well as to the following provi- sions. (c) The following section is hereby added to Article 7: Section 7.06. Smoking. No Smoking signs to be posted; letters on said signs shall be not less than 5 inches high indicating that no smok- ing is allowed where combusti- ble fibers are ':stored or handled, (d) The following sections of Ar- ticle 12 are hereby deleted in their entirety: Sections 12.01 to 12.06,. inclusive. (e) Paragraph (c) is hereby added to Section I5.tg1, to read` as follows (c) It shall be unlawful to use other than tank trucks or semi- trailers for bulk delivery to' service - stations or other re- tail outlets. Tank trucks with full trailers are not allowed. {f) Section 25.01 is hereby amended to read as < follows: J Section '25.01. Permit Required. (a) No place of assembly as defined in paragraph (b) of this section shall be main- tained, operated or used as such without a permit. tional occupancy for aU or more occupants or which has a "floor area of 1;500 square feet or more, used for such purposes. Such room or space shall include any similarly occupied connecting room or space in the same story, or in 'a story or stories above or below, :where entrance is Common to the rooms or spaces. tg) Section 25.11 is hereby amended to read as follows: Section 25.11. Marking and Lighting of Exits. All exits in places of assem- bly shall be marked and lighted in accordance with the Electri cai Code of the City of Ala- meda. th) The following sections are hereby added to Article 25: Section 25.12, Fire Curtains. Fire proof curtains required in theatres and other places of public assembly shall at no time be obstructed, or free op- eration of such curtains be re- tarded by wires, ropes, planks, platforms, flower pots, etc..; placed for the purpose of giv- ing any act or acts. decoration, or for any reason whatsoever: A suitable floor marking shall be installed directly finder, and extending for the full width of such curtain. Such marking shall be maintained plainly visible. Section 25.13. Use of Candles (a) No lighted candles shall be permitted' on dining tables in any place of public as- sembly; provided, rhowever, if such candles are adequately supported to prevent tipping, the Chief of the Bureau of Fire Prevention may issue a permit for such use ib) Use of lighted candies in places of religious worship, or other places of public, assembly where such use is a part of the ritual, lighted candles shall be supported by approved cande- labras. (c) Use of lighted candles in processions shall (not, be per- mitted. (i) The following pamphlets of the National -Board of Fire ;Underwriters are hereby incorporated herein by reference as if fully set out herein NBFU: No. 10, !Portable ''Fire Ex- tinguishers, July 1958. NBFU No. 11, Foam Extinguishing Systems, July 1959. NBFU No. 12, Carbon Dioxide Ex- tinguishing Systems, July 1957, NBFU No. 13, Sprinkler Systems, June 1958. NBFU No. 13B, Testing and Main- tenance of Dry Pipe Valves, De- cember 1952. NBFU No. 14, Standpipe and Hose Systems, October 1952, NBFU No. 15, Water Spray Sys- tems for Fire! Protection, July 1959. NBFU No. 16, Combined Foam and Water Spray Systems, Sept. W54. June iaob. NBFU No. 33, Spray Finishing, July 1959. NBFU No. 34, Dip Tanks, July 1957. NBFU No. 37, Internal Combustion` Engines, also Coal Gas Producers, July x1959. NBFU No. 38, Discharging Flam- mable Liquids from -Tank Cars; and Petroleum Pipe Lines, May 1932. NBFU No. 385, 'Tank Vehicles for Flammable Liquids, June 1959, NBFU No. 40, Cellulose Nitrate Motion Picture Film, Nov. 1953. NBFU:No. 42, :Pyroxylin Plastics in Factories, December 1940. NBFU No. 43, Pyroxylin Plastics in Warehouses and Stores, July 1940. NBFU %No. 44, 'Combustible Fibres, December 1953. NBFL7 No. 45, Rubber Tire Protec- tion, August 1954. NBFU No. 47, Lumber Yards, Au- gust '1951. NBFU No. 48, Magnesium, August 1957.` NBFU :No. 51, Gas Systems for Welding and Cutting, June 1958:` NBFU 'No, 54, Gas Piping and Gas' Appliances in Buildings, August' 1959.' NBFU No. 56, Hospital Operating Rooms, July 1959. NBFU No. 565,' Non - <flammable Medical Gas 'Systems, June :1958. NBFU No. 566, Bulk Oxygen Sys- tems at Consumer 'Sites, July 1952 NBFU No. 58, Liquefied Petroleum Gases, June.. 1958. NBFU No. 60, Pulverized Fuel Sys- tems, June 1958. NBFU No. 61B Terminal Grain Elevators, August 1852, with amendments of July 1959. NBFU No. 61C, Flour and Feed: Mills„ August 1952, with amend- ments of July 1959. NBFU No. 63, Dust Explosions in Industrial Plants, Dec, 1949, NBFU No. 64, Country Grain Ele- vators, September 1952, with amendments of July 1959. NBFU No. 69, Inerting for Fire and Explosion Prevention, July 1956. NBFU No. 80, Protection of Open- ings J, in Walls and Partitions, August 1959. NBFU No. 81, Fur Storage, Fumi- gation and Cleaning, July 1957, NBFU No. 83, Transit Operations, July >1959. NBFU No. 84, Merchandise Vaults and Safes, December 1948. NBFU No. 86, Class "A" Ovens and Furnaces, November .1950. NBFU No. 87, Piers and Wharves, NBFU No. 90A, Air Conditioning' and Ventilating Systems Other' August 1954. than Residence Type; June 1957, with amendments of June 1958. "- NBFU No. 908 Residence Type Warm Air Heating and Air Con- ditioning 7Systems, August' 1956. NBFU No. 91, Blower and Exhaust' Systems for Dust, ',Stock and Vapor Removal or Conveying, 'No- vember 1949. Protection of Aircraft Hangers; July :1957, with amendments of June, 1953. NBFU No. 410, Operational Haz- ards in Aircraft Hangers, August 1954. Section G, Modifications. The Chief of the Fire Department the provisions of the Fire Depart - iiient Code upon application in writ- ing by the owner- or 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 jus- Lice done. The particulars of such modification when granted or at- lowed 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 ap- plication 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 iicaning of the code have been mis- construed or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire De- parLinent'to the Council of the City of Alameda within 30 days from the date of the decision of the appeal, Section 8. New Materials, Processes or Occupancies which may Require Permits. The Chief of the Inspection. Divi- sion of the Department of Public Works, the Chief of the Fire De- partment, 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 addi tion to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list iii a conspicuous place in his office, and distribute copies thereof to in- terested persons. section 9. Penalties. Any person who shall violate any of the provisions of the code here- by adopted or fail to comply there- with, or who shall violate or fail to comply with any order made there -. under, or who shall build in violation of any detailed statement of specifi- cations or plans submitted and ap- proved thereunder, or any certificate of permit issued'' thereunder, and from which no s,appeal has been compliance, respective of a misdemeanor, pun ponalties as designate 1411 and 1 -412 of Municipal Code.` Section 10, Repeal e Ordinances, All former ordinan with the provisions of this ordinance or of the code hereby adopted, to the extent of such conflict only, are he *eby repealed, Section 11. Validity. The Council of the City of Ala- meda hereby declares that sho 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 said Council that it would have passed all other iportions > of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 12. Date of Effect. The herein ordinance is hereby de -: ciared to be an ordinance for the immediate presery :tion of the pub lac peace; health or safety in that the City of Alameda, prior to this time, .albeit fallowing the provisions of the herein Fire Prevention Code, has not enacted into law such Fire Preven- tion Code, and such is immediately; essential and urgent for the preser- vation of the public peace, health: or safety, This ordinance being for the im- inediate and urgent preservation of the public peace, health' or safety, shall be final and effective upon passage, pursuant to Section 3 -12' of the Charter of the City of Alameda. WILLIAM M. - McCALL Presiding' Officer of the Council Attest: Si SHIRLEY H. TENNIER City Clerk s m � I, the undersigned, hereby certify that the foregoing Odinance was duly and regularly adopted and passed by the Council of the City of Alameda in adjourned regular meeting assem- bled on the 7th day of October, 1959 by the following vote, to wit: AYES Councilmen : Collischonn Freeman Schacht and President McCall (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto: set my hand and affixed the official seal of said City this 8th day of October, :1959. (SEAL) = SHIRLEY H. TENNIER City Clerk of the City of Alameda Publish: Oct, 9, 1959.