Ord 131ORDINANCE NO. 131
AN ORDINANCE OF THE CITY OF PG~AY, C~rJ~ORNIA
ADOPTING THE UNIFORM FIRE CODE 1982 fDITION ASD UNIFORM FIRE
CODE STASDARDS PRESCRIBING REGULATIONS GOVERNING
CONDITIONS HAZARDOUS TO LIFE AND PROPE~Y FROM
FIRE OR EXPLOSION, PRDVIDING FOR THE ISSUANCE OF
PERMITS FOR HAZARDOUS USES OR OPERATIONS, AND
ESTABLISHING A BUREAU OF FIRE PREVENTION AND
PROVIDING OFFI_~R. RS THEREFORE ASK) DEFINING THEIR
THE CITY COUNCIL OF THE CITY OF PGWAY DOES ORDAIN AS FOLLOWS:
S~IO~ I: ]Z-~J. on of Unifom. Fire C~:
There is hereby adopted by the City of Poway for the purpose of prescribing
regulations governing conditions hazardous to life and property frcm fire or
expolosion, that certain Code and Standards known as the Uniform Fire Code,
including appendix Chapters I-A; I-B; II-D; III-A; III-B; III-C; IV-A; V-A;
VI-A; VI-C; VI-D, and the Uniform Fire Code Standards published by the Western
Fire Chiefs Association and the International Conference of Building Officials,
being particularly the 1982 editions thereof and the whole thereof, save and
except portions as are hereinafter deleted, modified, or amended by Section 7 of
this ordinance of which Code and Standards not less than thrcc (3) copies have
~cn and are now filed in the Office of the Clerk of the City of Poway and same
are hereby adopted and incorporated as fully as if set out at length herein, and
from the date on which this ordinance shall take effect, the provision thereof
shall be controlling within the limits of the City of Poway.
(a) Permits as required under this Code shall be renewable each year.
(b)
Where no specific standards or requirements are specified in the City
of Poway Uniform Fire Code, The Fire Prevention Bureau shall refer to,
and use, the most recent edition of the National Fire Codes, as
published by the National Fire Protection Association.
S~CTION 2: Establishment and duties of the Bureau of Fire Prevention:
(a)
The Uniform Fire Code shall be enforced by the bureau of fire preven-
tion in the Department of Safety Services of the City of Poway which is
hereby established and which shall be operated under the supervision of
the Director of Safety Services.
(b)
The Fire Marshal in charge of the bureau of fire prevention shall be
appointed by the Director of Safety Services on the basis of examina-
tion to determine his qualifications.
(c)
The Director of Safety Services may detail such members of the fire
department as inspectors as shall from time to time be necessary. The
Director of Safety Services shall recu,.~nd to the City ~anager the
employment of technical inspectors, who, when such authorization is
made, shall be selected through an examination to deter~%ine their fit-
ness for the position.
Ordinance No. 131
Page 2
S~CTION 3-'
(a)
Definitioas .'
Wherever the word "jurisdiction" is used in the Uniform Fire Code, it
is the City of Poway Department of Safety Services.
(b) Wherever the words "Chief of the Fire Department" are used they shall
be held to mean "Director of Safety Services."
(c) Wherever the words "Chief of the Bureau of Fire Prevention" are used
they shall be held to m~n "Fire Marshal."
S~CTIO~ 4: Establishment of limits of districts in which storage of fla~m~le
or combustible liquids, in outside above ground tanks is prohibited:
The storage of flammable or combustible liquids in outside above ground
tanks is prohibited within the following limits:
(a) No permanent storage of flammable liquids above ground within the City
of Poway limits shall be allowed.
(b) Above ground permanent storage of combustible liquids is not permitted
except in rural residential zones for agricultural use. Tank size
shall not be larger than 550 gallons. Permits may be issued for tem-
porary tanks for construction in all zones.
S~CTIO~ 5: Establishment of limits in which stn_rage of liquefied petrole~
gases is to berestricte~:
The limits referred to in Section 82.105(a) of the Uniform Fire Code, in
which storage of liquefied petroleum gas is restricted, are hereby established
as follows:
(a) In residential zones LP gas tanks shall not excccd 500 gallons for
residential use. In cu~mercial and manufacturing zones LP gas tanks
shall not exceed 1,200 gallons for limited cc~nercial use. LP gas bulk
storage and transfer facilities are not permitted within the City of
Poway limits.
S~CTIO~ 6: Establisb-~nt of limits of districts in which storage of explosi-
ves and blasting agents is.to be prohibited:
The limits referred to in Section 77.106(b) of the uniform Fire Code, in
which storage of explosives and blasting agents is prohibited, are hereby
established as the limits of the City of Poway.
Ordinance No. 131
Page 3
7.' ~,dments made in the Uniform Fire Code:
The Uniform Fire Code is amended and changed in the following respects and
sections:
[/FC S]~CTIO~ 9-.309.. Deleted entirely and replaced by Section 8 of the
Uniform Fire Code Adoption Ordinance setting forth the City Council as the
Board of Appeals.
~FC S]~TION 9-.107. Added Paragraph Three, sentence two between the words
neglect and after the words "or refuse."
L~FC S]~CTIO~ 4.101. Delete last sentence and replace with: Permits as
required by the Director of Safety Services and/or Fire Marshal are obtained
frc~n the bureau of fire prevention.
L~C S]~CTIO~ 10.9.09. Add new section as follows: Security gates either for
vehicles and/or pedestrians shall be provided with an electric switch keyed
to the Fire Department's security key system. This switch shall activate
the gate and hold the gate in an open position until released by the Fire
Department key. A mnual override lock release system will be provided in
the event of a power failure. Manual gates shall have a Fire Department
lock box installed with the gate key inside.
%~C $~CTI~ 10.302. Add new subsection (c): All modifications, extensions,
and/or repairs to fire extinguishing systems shall be after notification
and proper permit is obtained frem the bureau of fire prevention.
[/FC S]~CTIO~ 10.302(a). Delete the exception.
[/FC SI~CTIO~ 10.307. Add new subsection (e): All R-1 and R-3 residences
constructed hereafter shall have installed therein an approved products of
ccm~ustion smoke detector as required by Section 1210(a) of the Uniform
Building Code, 1982 Edition.
~C S~CTIO~ 10.309. Deleted as written and rewritten as follows:
(a)
WHERE Rf~UIB~n. An autcmatic fire extinguishing system shall be
installed in the occupancies and locations as set forth in this sec-
tion. For special provision on hazardous chemicals and magnesium, and
calcium carbide, see Sections 10.301 and 45.208 and Article 48, 49, and
80.
(b
All occupancies except Group R, Division 3 ar~ Group M. Except for
Group R, Division 3 and Group M occupancies, an autcmatic sprinkler
system sb~ll be installed:
Ordinance No. 131
Page 4
e
In every story or basement of all buildings when the floor area
exccc~s 1500 square feet and there is not provided at least 20
square feet of opening entirely above the adjoining ground level
in each 50 lineal feet or fraction thereof of exterior wall in a
story or basement on at least one side or the building. Openings
shall have a mininum dimension of not less than 30 inches. Such
openings shall be accessible to the fire department frcm the
exterior and shall not be obstructed in a manner tbmt firefighting
or rescue cannot be accomplished from the exterior.
When openings in a story are provided on only one side and the
opposite wall of such story is more than 75 feet fr~n such open
ings, the story shall be provided with an approved autcmatic
sprinkler system, or openings as specified above shall be provided
on at least two sides of an exterior wall of the story.
If any portion of a basement is located more than 75 feet from
openings required in this section, the basement shall be provided
with an approved autcmatic sprinkler system.
At the top of rubbish and linen chutes and their terminal rocks.
Chutes extending through three or more floors shall have addi-
tional sprinkler heads installed within such chutes at alternate
floors. Sprinkler heads shall be accessible for servicing.
In rooms where nitrate film is stored or handled.
In protected combustible fiber storage vaults as defined in this
Cede.
(c) Group A Occupa~ciee.
Occupancies A-i, A-2, and A-2.1 shall be fully covered by an auto-
matic sprinkler system. Where A occupancies exist in buildings
with other occupancy classes and the entire building exc~-~ds 5000
square feet the entire building shall be fully covered by an auto-
matic fire extinguishing system.
Occupancy A-3 shall be fully covered by an autc~atic sprinkler
system when either the occupant load exceeds 100 people as deter-
mined by Uniform Building Code (UBC) Table 33-A or the total
building floor area exceeds 5000 square feet, or the building is
greater than one story in height, whichever occurs first.
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Ordinance No. 131
Page 5
P~.~ents. An autcmatic sprinkler system shall be installed in
basements classified as a Group A occupancy when the basement is
larger than 1500 square feet.
0
Other areas. An autcmatic sprinkler systsm shall be installed in
specific areas of Group A occupancies as follows: Under the roof
and gridiron, in the tie and fly galleries, and in all places
behind the proscenium wall of stages; over enclosed platforms in
excess of 500 square feet in area; and in dressing rocms,
workshops and storerooms accessory to such stages or enclosed
platforms.
Exceptions: 1. Alters, pulpits, or similar platforms. 2. Under
the stage or enclosed platform areas less than 4 feet in clear
height used exclusively for cb~ir and table storage and lined on
the inside with materials approved for one-hour fire resistive
construction.
(d) Group B Occupsacies.
(e)
Division B-1. No requir~nent for automatic fire sprinklers if
such building is separate frem all others by at least 50 feet.
Otherwise, if close to, or part of other buildings, B-1 occupan-
cies will be fully covered by autc~atic fire sprinklers.
Division B-2. When the total gross floor area for any division
B-2 occupancy exceeds 5000 square feet the occupancy will be fully
covered by autcmatic fire sprinklers.
3. Division B-3. No fire sprinkler requirement.
Division B-4. Full coverage by automatic fire sprinklers is
required when the occupancy total gross square footage exccccls
5000 scum_re feet.
Group E Occupancies will follow the requir~nents of the California
State Fire Marshal as set forth in California Administrative Code
Title-19 and Title-24.
(f) Group H Occupancies.
Division H-1. An autc~atic fire extinguishing system shall be
installed in Group H-1 occupancies larger than 1500 square feet in
gross floor area, except that buildings used for firework sales
shall be fully covered by an automatic fire extinguishing system
regardless of square footage.
(g)
o
Ordinance No. 131
Page 6
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Division H-2. An autc~atic fire extinguishing system shall be
installed in H-2 occupancies exceeding 1500 square feet gross
floor area. An autc~atic fire extinguishing system shall be
installed in rocks of H-2 occupancies when fl~.,,,~ble or com-
bustible liquids are stored or handled in excess of the quantities
set forth in Table No. 9-A of the Building Code, or any c~n-
bination of flanmable liquids excccds 240 gallons. An autc~atic
fire extinguishing system shall be installed in paint spray booths
or rocks.
Division 1{-3. An autcmatic fire extinguishing system shall be
installed in H-3 occupancies greater than 3,000 square fcct in
total gross square footage.
0
Division I{-4. An automatic fire extinguishing system shall be
installed in H-4 occupancies greater than 3,000 square fcct in
total gross squ~re footage.
5. Division H-5. Shall have full automatic fire sprinkler coverage.
Group I Occupancies shall follow the requirements of the California
State Fire Marshal as set forth in California Administrative Code
Title-19 and Title-24. As such, all I occupancies are required to have
full automatic fire sprinkler systems, with exceptions as noted by the
State.
(h) ~ro~p R 0ccupemcies.
(i)
~ro~p R-1. Full autcmatic fire sprinklers are required in units
used for c~,,~rcial rental (oak~',Dnly known as hotels, motels) when
the number of units per building exceed 5. In such units when
the units per building do not exeed 15, the sprinkler design stan-
dard shall be the residential one as set forth in NFPA 13D.
Sprinklers are not required on conckntiniun~ or apartment buildings
two stories or less in height, or less than 12,000 square feet per
floor, or 24,000 sc~mre fcct total gross floor area.
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~ro~p R-3. Sprinklers are not required, but are an encouraged
option. The residential sprinkler standard shall be that set
forth by the bureau of fire prevention, t~sidential sprinklers
may be used in lieu of a standby water requir~Nent when fire
hydrants are not closely available.
General.
When any building, unless a State Fire F~rshal regulated occu-
pancy, exceeds 5000 sq~mre feet total floor plan area, the
building shall be fully covered by an autcmatic fire extinguishing
system. Therefore, mixed occupancy use buildings shall be
sprinklered if the sum of the occupancies exc~ 5000 square feet.
O~dinance No. 131
Page 7
®
The City of Poway Autcmatic Fire Extinguishing System R~quirem~_nts
are not intended and shall not li~t Uniform Building Code
allowable area and construction type increases, as if the
sprinklers had ~cn voluntarily selected.
e
Where sprinklers are required by just this ordinance, rated fire
walls shall not be used to divide a building into smaller areas so
as to just eliminate any applicable automatic extinguishing system
requirements.
(j)
Stan~ds. All sprinkler system installations shall be in conformance
with the latest edition of the National Fire Protection Association's
(NFPA) Pamphlets 13 and 13D. Other engineering standards as my be
required will be published by the bureau of fire prevention.
(k) Plans.
1. Required autce~tic fire extinguishing systems shall be approved by
the Director of Safety Services or his/her designee.
2o
Plans shall be sub~tted prior to any installation ccemencing by a
licensed system designer and/or installer. Plans shall be
approved prior to installation beginning. Plans shall show all
necessary engineering features and calculations to document
c~]-91iance with and as required by NFPA 13 and 13D.
Standard tests during and after installation shall be required as
by NFPA 13, 13D, and fire prevention bureau standards. These
tests must be performed and documented prior to final inspection.
No building hereafter required to have an autcmatic fire
extinguishing system installed shall pass final building inspec-
tion or be issued a certificate of occupancy until the fire
extinguishing system passes final fire inspection.
Se
If the Bureau of Fire Prevention needs specialized consultant
assistance for plan checks or if extensive inspections/
reinspections are required during installation, a reasonable fee
may be charged to cover expenses.
Projects having paid a building plan check fee prior to adoption
of this ordinance are exempt frem this ordinance's additional
sprinkler require~aents, but not those of the currently adopted
uniform Building Code.
UFC S~CTIO~ 10.315. Add to subsection (c) #4, Wet Chemical Extinguishing
Systems.
Ordinance No. 131
Page 8
~C S~3~ION 10.317. Add new section as follows: Section 10.317.
s~ecifications. The Fire Chief shall write and update as necessary specifi-
cations for the installation and maintenance of all on-site fire extinguish-
ing or fire protection systems. These specifications shall be set forth as
the minimum requirements for fire protection equipment acceptable to the
fire department and Director of Public works.
U~C S~I0~ 11.201. Add subsection (e): Dumping of waste matter as defined
by California Penal Code, Section 347b, or creatio~ of a rubbish d~,~ is
prohibited.
[~C SI~ION 11.208. Delete subsections (a) and (b); Permits and Flame
Ret~rdant Standards for Floats.
D~C SI~CTION 79.908. Add new subsection (a): ~rd Controlled Stations.
Where autcmmtic debit card systems replace the required station attendant in
gasoline dispensing stations open to the public, an autc~atic fire
extinguishing syst~a shall be installed as per specifications issued by the
bureau of fire prevention.
UFC ~IX I-A. l~gulations applicable to existing buildings.
(a) Add to Section 4 new subsection (a) as follows:
(a)
When the cost of additions, alterations, or renovations within any
12 month period exceeds 50% of the replacement value of the
existing building the entire building shall ~w~ct the City of Poway
Sprinkler Standards as set forth in revised Section 10.309.
(b) Add new Section 8 to read as follows:
8. AB(NE ~RfXJ~) TAI~S. Any existing, but nonconforming above
ground fl~.t%~able or ccmbustible liquid storage tank shall be made
to conform within two (2) years of the adoption of this Code.
(c) Add new Section 9 to read as follows:
KITCI{EN l~I~ S~ST~4S. Any c~t~l~arcial kitchen not
meeting the fixed protection requirements for hoods and ducts
as specified in Section 10.315 sb~ll be made to conform
within one (1) year of the adoption of this Code.
Ordinance No. 131
Page 9
Whenever the Chief disapproves an application or refuses 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 ~n misconstrued
or wrongly interpreted, the applicant may appeal frcm the decision of the
Chief to the City Council within thirty (30) days frum the date of the deci-
sion appealed.
SECTION 9: New materials, processes or occupancies which may require
The Chief and the Chief of the bureau of fire prevention shall act as a com-
mittee to determine and specify, after giving affected person an opportunity
to be heard, any new materials, processes, or occupancies for which permits
are required 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
the bureau, and distribute copies thereof to interested persons.
(a) Frc~n time to time, in order to clarify, interpret, or administer this
Code, the bureau of fire prevention may issue written standards which
shall have the full force and effect of this Code.
SECTION 10: Penalties:
(a) Any person who shall violate any of the provisions of this Code or
StaDdards hereby adopted or fail to cc~ply therewith, or who shall
violate or fail to c~-%~ly with any order made thereunder, or who sb~ll
build in violation of any detailed statement or specifications or plans
s,,~mitted and approved thereunder, or any certificate or permit issued
thereunder, and frcm which no appeal has been taken, or who shall fail
to c~uply with such an order as affirmed or modified by the officer of
a court of competent jurisdiction, within the time fixed herein, shall
severally for each and every such violation and noncc~¢~liance, respec-
tively, be guilty of a infraction, punishable by a fine of not mere
than $50.00. The imposition of one penalty for any violation shall not
excuse the violation or permit it to continue, and all such persons
shall be required to correct or remedy such violations or defects
within a reasonable time; and when not otherwise specified, each day
that prohibited conditions are maintained sb~ll constitute a separate
offense.
(b) When any one infraction continues continuously for more than thirty
(30) days, said infraction shall become a misdeme__anor for each separate
day the violation(s) continue. Punishment for misdemeanor violations
shall be a fine not exccc~ing $500, or incarceration not exccc~ing six
months in the County jail, or both.
(c) The application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
Ordinance No. 131
Page 10
All former ordinances or parts thereof, including the 1976 Uniform Fire Code
as adopted, conflicting or inconsistent with the provisions of this ordi-
nance or of the Code or Standards hereby adopted are hereby repealed.
S~CTI0~ 12: Validity:
The City Council of the City of Poway hereby declares that should any sec-
tion, paragraph, sentence, or work of this ordinance or of the Code or
Standards hereby adopted be declared for any reason to be invalid, it is the
intent of the City of Poway that it would have passed all other portions of
this ordinance independent of the elimination herefrcm of any such portion
as may be declared invalid.
S]~C~ION 13: This ordinance shall take effect and be in force thirty (30)
days after the date of its passage; and the City Clerk of the City of Poway
is hereby authorized to use s~t~ary publication procedures pursuant to
Goverrm~nt Code Section 36933 utilizing the Pc~ay News-Chieftain, a news-
paper of general circulation published in the City of Poway.
Introduced and first read at a regular m~cting of the City Council of the
City of Poway held the 5th day of June, 1984, and thereafter PASSED AND ADOPTED
at a regular ~m~cting of said City Council held the 10th day of July, 1984, by
the following roll call vote:
AYES: COUNCII~4EMMR. RS: EMERY, KRUSE, ORAVEC, SHEPARDSON, TARZY
NOES: OOUNCI~R~: NON E
ABSENT: COUNCI~: NONE
Bruce J. Tarzy, M~dr ~ ~
Marjo~ie K. Wahlsten, City Clerk