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HomeMy Public PortalAboutOrd. 0904URllINANCE NO. 904 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING BY REFERENCE THE UNIFORM FIRE CODE AND OTHERWISE AMENDING CHAPTER 13 OF THE CODE OF THE CITY OF LYNWOOD RELATING TO FIRE PREVENTION. THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES ORDAIN: SECTION 1. Chapter 13 of the Code of the City of Lynwood is amended in its entirety to read as follows: CHAPTER 13 FIRE PREVENTION Article I. In General Sec. 13.1. Adoption of Uniform Fire Code There is hereby adopted by the City of Lynwood for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain Code known as the Uniform Fire Code recommended by the Western Fire Chiefs Association and the Internationai Conference of Building Officials being particularly the 1971 edition thereof, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 13.7 of this code, of which Code not less than three (3) copies have beenand are now filed in the office of the Clerk of the City Clerk; and the same are hereby adopted and incor- porated 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 Lynwood. Sec. 13.2. Establishment and Duties of Bureau of Fire Prevention (a) The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Lynwood which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (b) The Chief in charge of the Bureau of Fire Prevention shall be appointed by the City Council on the basis of examination to determine his qualifications . (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 determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. Sec. 13.3. Definitions (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of Lynwood. (b) Wherever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be held to mean the City Attcrney of the City of Lynwood. c. 13.4. Establishment of Limits of tricts in Whic Sto~ra ~e o F ammable or usti6 e LI iauids in Outs~ A-bovee~ 0 (a) The limits referred to in Section 15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as follows: No flammable or combustible liquids shall be stored anywhere within the city-limits except on property zoned I~I-2 by the zoning ordinance. (b) The limits referred to in Section 15.601 of the Uniform Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: No such bulk plants for flammable or combustible liquids shall be located anywhere within the city limits except cn prcperty zcned M-2 by the zoning ordinance. Secr 13:5. Establishment s ls '1'o t5e Kestrict The limits referred to in Section 20.105 (a) of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: No such storage shall be permitted anywhere within the city limits except, pursuant to proper permits therefor, on property zoned M-1, M-2_or C-3 by the zoning ordinance. - Sec. 13.6. Establishment of Limits of istricts in ic Stora~e o Exa osives anci rilastinE Aeents Is To Be Prohibited The limits referred to in Section 11.106 (b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited are hereby established as follows: No such storage shall be permitted anywhere within the city limits except, pursuant 2. to proper permits therefor, on property zoned M-1 and M-2 by the zoning ordinance. Sec. 13.7. Amendments Made In the Uniform Fire Co e The Uniform Fire Code is amended and changed in the following respects: (a) Section 1.209 is amended to read: §1.209Whenever necessary to make an inspection to eriforce any of the provisions of this Code, or whenever the Chief or his authorized representative has reasonable cause fo believe that there exists in any building or upon any premises, any condition which makes such building or premises unsafe, the Chief or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to per£orm any duty imposed upon the Chief by this Code; provided, however, that no such entry shall be made unless an inspection warrant authorizing the same has first been issued. Any other. provision herein contained to the contrary notwithstanding, the Chief or his authorized representative may enter a building or premises to inspect the same or to perform any duty imposed upon the Chief by this Code without the necessity of first obtaining an ,inspection warrant whenever the owner of such building or premises specifically consents to sucfi entry or whenever the Chief or his authorized representative reasonably believes that said building or premi.ses is to dangerous as Co cause an im- mediate danger to human life or an immediate hazard to public safety. No person shall hinder or prevent the Chief or his authorized representative while in the performance of his duties from entering upon and into any and all buildings or premises withir. the city. "Authorized Representative" shall include the officers names in Sections 1.204, 1.205 and 1.206 of this Code. (b) Section 1.301(b) is amended to read: (b) A permit issued under this Code shall continue until revoked or for such period of time as may be designated therein at the time of issuance; provided, however, that no permit shall continue in effect for more than five (5) years. (c) Section 12.102(b) is amended to read: (b) Except as specifically hereinafter provided and except as specifically permitted Article II of Chapter 13 of the Code of the City of Lynwood, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, se11 at retail, or use or explode any fireworks; provided that the Chief shall have power to adopt reasonable rules and regulations for ttie 3. granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amusement parks, other or- ganizations or for the use of fireworks by artisans in pursuit of their trade. Every such use or display shall be handled by a com- petent operator approved by the Chief, and shall be of such character and so located, discharged or fired as in the opinion of the Chief after proper investigation, so as not to be hazardous to property or endanger any person. Sec. 13.8. Appeals Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the pro- visions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the ap- plicant may appeal from the decision of the Chief to the City Council within 30 days from the date of the decision appealed. Sec. 13.9. New Materials Processes or Occupancies ic Ma~ Require Permits The City Manager, the Chief 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. Sec. 13..10. Penalties (a) Any person who shall violate any of the provisions of this Code hereby adopted or fail to comply therewith, or who shall violate of 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 qo appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncomplaince respectively, be guilty of a mis- demeanor, punishable by a fine of not less than $50.00 nor more than $200.00 or by imprisonment for not less than 30 days nor more than 180 days or by both such fine and imprisonment. The im- position 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 4. f reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Article II. Fireworks Sec. 13.11~. Dangerous Fireworks Prohibited No person shall sell or offer to sell, or have in his possession any dangerous fireworks as defined in Section 12503 of the Health and Safety.Code of the State of California. Sec. 13.12. Permits Required No person shall sell or offer to sell any safe and sane fireworks in the City of Lynwood without first obtaining a permit f rom the State Fire Marshal as well as a permit from the City in• the manner set forth below: Sec. 13.13. A~plication For Permits Applications for permits shall be made on forms furnished by the City Clerk and shall be filed in her office on or before May 1 of any calendar year. The City Clerk shall not file said applications until they contain the following information: a. The exact location of stand as proposed. b. (1) If applicant is a non-profit organization, corporation or association the name of the organization, etc., the names and addresses of the President or other head thereof, the names and addresses of the secretary and treasurer of said organization, etc. All other applications shall contain the name of the principal place of business of the owner, the name and address of the owner or owners of the business, and if a partnership, the namns and addresses of the president and secretary of the cor- poration (2) There shall be appended to each application the written permission of the owner of the property to use said property for the sale of safe and sane fireworks and a plot plan showing the location of the stand and any other information the Building Official may require. 3.14. Investieation of Ao~lication: The city manager of the city shall cause an investigation of the application to be made, and after investigation shall instruct the city clerk to issue the permit•unless he shall find that the issuance of the permit would not be inconformity with this article or the statutes of the state or would be detrimental to the public welfare of safety, in which event he shall deny the application by mailing a written notice thereof to the applicant at his address as shown in the application. 5. Sec. 13.15. Proof of Compensation Insurance The applicant for a permit to sell safe and sane fireworks at retail shall at the time of application furnish proof that he carried compensation insurance for his employees as provided by the laws of the state. . Sec. 13.16. Duration of Permits The permits shall be effective for such length of time-as is set forth in the permits, in no event to be effective for more than one year after the date of issuance. Sec. 13.17 Construction and Operation of Stands The following rules and regulations sha11 govern the con- struction and operation of stands used for the sale of fireworks. (a) The permit shall not be sold, transferred or assigned, (b) The stand shall not be sublet to any person. (c) No person under the age of eighteen years shall enter, be or remain in the stand following the stocking of the stand with fireworks. (d) No stand shall be located within 20 feet of any building. (e) All stands shall be located at least 20 feet from curb lines. (f) All stands shall be erected under the supervision of the BuiIding Inspector who shall require that the same be constructed in a manner which will reasonably insure the safety of the atten~ants and patrons thereof, and - all electrical wiring must be in conduit and be inspected and approved by the Building Inspector (g) The stand may not exceed 200 sq, ft. and must have two out-swinging exit doors at each end which may not be locked or fastened shut when stand is occupied, Springs may be used to keep doors closed during business hours. (h) Stands located on parking lots sha11 provide barricades to prevent parking of autos within 20 feet of stands. (i) "NO SMOKING" signs shall,be:prominently displayed on the exteri~r of each stand. (j) All grass and weeds, etc., must be removed from around each stand for a distance of at. least 30 feet. (k) Fireworks stands sha11 be provided with two fire extinguishers of a type and size approved by the Fire Chief. 6. . (1) Fireworks shall not be sold prior to 12:00 noon on the 28th day of June, and such sale shall cease at 12:00 midnight on the 5th day of July each calendar year. (m) Fireworks assigned to each stand must not be stored in any location other than the stand until they are picked up by the distributor. (n) Persons guarding stands at night may use a camper or trailer located at least 30 feet away from the stand. sleeping in stand is absolutely prohibited. (0) Each fireworks stand shall be removed from its temporary location no later than 12:00 noon on the 5th day of July of each calendar year, and all accompanying litter shall be cleared from the said location by the said time and date. (p) No person shall light or cause to be lighted any fireworks or other combustible material, nor shall any person smoke within a stand or within 30 feet thereof. (q) Prior to the issuance of any fireworks stand permit, the applicant shall file with the City Clerk, a policy of liability insurance in the minimum coverage amounts of $100,000 Public Liability and $100,000 Property Damage, or a certificate of insurance. Said policy shall name the City of Lynwood as a co-assured. (~) All applications for fireworks stands shall be referred to the City Council for approval, conditional approval or denial. The City Council shall deny any fireworks stand permit, if it finds that the public safety is,. or would be jeopardized by the issuance thereof. The decision of the Council shall, in all cases, be final and conclusive. Section 2 , Validity. The City Council hereby declares that should any section, -7- r 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 said council that it would have apssed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. Section 3. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed, published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said city held on the 4th day of January, 1972, and finally adopted and ordered published at a regular meeting of said Council held on the 18th day of January, 1972, by the following vote: Ayes: Councilmen Byork, Green, Liewer, Stevens Noes: Councilmen None Absent: Councilmen Morris ~f1~,Gvt,w1 ~. ~i~~n.~~i Nzayor/y1f/the City of Lynwood (/ ATTEST: ~ ~,.;~ .~.~~ .+~F ...r~ : ~ t Clerk, City of''Lynwood r . - ~~TATE OF CALIFORNIA ) . ss. COUNTY OF LOS ANGELES j I, tYie uridersigned, City Clerk of the City of Lynw;:od, and ex-officio clerk of the Council of said ity, .ic ~~~-~eoy rertify that tne above is a true and co;- ~cr c:~py of" Ordinance No. 904 adopted by the City Cuun%:i1 c:i th~ City of Lynwood, and that same was passed n., ch= lace an~ by the vote therein stated. Dated this 19th day of January ~9 '72, ~ , ` ~;,; /,~~~ / ~ ~CCY~,1"~~1.2f ~~ i~ u-l~( /~d'~.Ci ~ ~ ~ CITY CLERK, CITY 0 LYNW~