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Ordinance 1719ORDINANCE 1719 ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1973 EDITION, COPYRIGHT 1973 BY INTERNATIONAL CONFERENCE OF BUILDERS AND WESTERN FIRE CHIEFS ASSOCIATION: REGULATING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION; ESTABLISHING A BUREAU OF FIRE PREVENTION, PROVIDING OFFICERS THEREFOR AND DEFINING THEIR POWERS ISSUANCE OF PERMITS; PROVIDING PENALTIES FOR VIOLATIONS THEREOF; AMENDING SECTION 14-211 OF ARTICLE 1, CHAPTER 2, TITLE XIV, OF THE ALAMEDA MUNICIPAL CODE; REPEALING SECTIONS 14-311 THROUGH 14-393, ARTICLES 1 THROUGH 9, CHAPTER 3, TITLE XIV, OF THE ALAMEDA MUNICIPAL CODE; REPEALING SECTIONS 14-411 THROUGH 14-4239, EXCEPTING SECTION 14-4115 WHICH IS HEREBY RENUMBERED SECTION 14-311, ARTICLES 1 AND 2, CHAPTER 4, TITLE XIV, OF THE ALAMEDA MUNICIPAL CODE; AND REPEALING ORDINANCE NO. 1585 NEW SERIES, AND ALL OR- DINANCES AND PORTIONS OF OR- DINANCES IN CONFLICT BE IT ORDAINED BY THE COUN- Section 1. Adoption of Uniform Fire Code. There is hereby adopted by the City of Alameda, as the "Primary Code," for the purpose of Prescribing regulations governing conditions hazarclousto life and property from fire and explosion, that certain code known as the Uniform Fire Code, 1973 Edition, recommended and copyrighted by the international Conference of Builders and the Western Fire Chiefs Associa- tion, and the whole thereof, of which Code not lesstran three (3) copies hove been and now are filed in the office of the City Clerk, and the some are hereby adopted and incorporated as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be con- trolling within the limits of the said City. Said Code, and this Ordinance, shall be known and may be cited as the "Fire Code of the City of Alameda," or the "Uniform Fire Code." Section 2. Establishment and Duties of Bureau of Fire Prevention. (a) The said Fire Code shall be en- forced by the Bureau of Fire Preven- tion in the Fire Department of the City of Alameda, which is hereby es- tablished and which shall be operated Fire Department. (b) The Chief (or Fire Marshal) in charge of the Bureau of Fire Preven- tion 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 examina- tion to determine their fitness for the position. The examination shall be open to memt�ers and non-members of the Fire Department, and appoint- ments 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 of- ficer of the municipality; it shall con- tain 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 Depart- ment 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 Com� 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 es- tablished as follows: L Fire Zones No. I and No. 2, which boundaries thereof are designated in Chapter 2, Article 1, Section 14-212 and 14-213 of the Alameda Municipal (b) The limits referred to in Section 15.801 of the sold Uniform Fire Code in which new bulk Plantsfor flarrurtable or combustible liquids are prohibited are hereby established as follows: 1, Fire Zones No, I and No. 2, which boundaries thereof are designated in Chapter 2, Article 1, Section 14-212 and 14-213 of the Alameda Muncipal Section 5. Establishment of Limits in which Bulk Storage of Liquefied Pe. troleum 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 I Section 14-212 and 14-213 of the Alo�iecla Municipal Section 6. Establishment of Limits of Districts in which s forage of Explosives and Blasting Agents is to be Alameda City Ordinances Ordinance No, " ­ ` 1 '7 New Series (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 Department 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 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 iustice done. The particulars 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 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 mis- construed 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 Depart - ment, and the Chief of the Bureau of Fire Prevention shall act as a commit- tee to determine and specify, after giv- ing 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 viola - tion of any detailed statement of specifications or plans submitted and approved thereunder, or any cer- tificate'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, respec- tively, be guilty of a misdemeanor, Punishable by the penalties as desig- nated in Sections 1 -411 and 1.412 of the Alameda Municipal Code. Section 11. The Alameda Municipal Code is hereby amended by amending Sec. 14 -211 (Fire Zones) to read as follows: Sec. 14.211. Fire Zones Established. The entire incorporated area of the City of Alameda is hereby declared to be, and is hereby, established as a Fire District and said Fire District shall be known and designated as Fire Zones No. 1, 2 and 3, and each such zone shall include, respec- tively, such territory or portions of said City as are more particularly described in the following sections in this article. Section 12 Chapter 3, Title XIV, Ar- ticles 1 through 9, consisting of Sections 14 -311 through 14 -393 of the Alameda Municipal Code, is hereby repealed. Section 13. Sections 14 -411 through 14 -4239, excepting Section 14 -4115, of Chapter 4, Title XIV, consisting of Ar- ticles 1 and 2; are hereby repealed. Said Section 14 -4115 ,hall continue in full force and effect and is hereby renum- bered Section 14 -311, with the following amendments: (a) the phrase, "products mentioned in Secton 14 -411" in the first sentence thereof is changed to "like products "; (b) the phrase "Fire Prevention Code" in the third paragraph is changed to "Uniform Fire Code." Upon the effective date of this ordinance, Chapter: of said Title XIV is reenacted and shall be denominated, "Petroleum Products and Hydro -Car- bon Liquids "; Article 1 of said Chapter is hereby enacted to be denominated, "Dispensing Regulations," and shall consist of said Section 14 -311 as herein above amended and renumbered. Section 14. Repeal of Conflicting Or- dinances. Ordinance No. 1585 New Series and all other prior ordinances or parts thereof conflicting or inconsis- tent with the provisions of this or- dinance or of the code herebyadopted 'to the extent of such conflict only, are hereby repealed. Section 15. 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 redsonto be invalid, it is the intent of the Council That it would have passed all other portions of this or- dinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 16. 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. TERRY LA CROIX, JR. Presiding Officer of the Council Attest: ETHEL M. PITT City Clerk 1, 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 the 21st day of May, 1974, by the following vote, to wit:. AYES: Councilmen Corica, Hurwitz, McCall and President La Croix, Jr., (4). NOES. None. ABSENT: Councilman Beckrm, (1). - IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 22nd day of May, 1974. (SEAL) ETHEL M. PITT City Clerk of the City of Alameda Legal No. 611— Publish: May 24,1974.