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HomeMy WebLinkAbout1319 ORDINANCE NO. 1319 AN ORDINANCE OF THE CITY CO~CIL OF THE CITY OF ARCADIA, CALIFORNIA, AMENDING ARTICLE III OF THE ARCADIA MUNICIPAL CODE BY REPEALING CHAPTER I THEREOF CONTAINING PARTS 1 THROUGH 4 AND SECTIONS 3111 THROUGH 3146.2 AND BY ADDING THERETO A NEW CHAPTER I CONTAINING PARTS 1 THROUGH 5, AND ADOPTING BY REFERENCE THE 1965 EDITION OF THE FIRE PREVENTION CODE RECOMMENDED BY THE AMERICAN INSURANCE ASSOCIATION, WITH DELETIONS, AMENDMENTS AND ADDITIONS. THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 1 of Article III of the Arcadia Muni- cipal Code containing Parts 1 through 4 and Sections 3111 through 3146.2 is hereby repealed. SECTION 2. That Article III of the Arcadia Municipal Code is hereby amended by adding thereto a new Chapter 1 containing Parts 1 through 5, the same to read as follows: ARTICLE III. CHAPTER 1. PART 1. DIVISION 1. PUBLIC SAFETY FIRE PREVENTION FIRE PREVENTION CODE ADOPTION 3111. FIRE PREVENTION CODE. ADOPTION. With the exception of the deletions hereinafter set forth and subject to the amendments hereinafter specified, there is hereby adopted by reference for the City of Arcadia the 1965 Edition of the Fire Prevention Code recommended by the American Insurance Association, 85 John Street, New York, New York, 10038; 222 West Adams street, Chicago, Illinois, 60606; and 465 California Street, San Francisco, California, 94104. 3111.1. SAME. REFERENCE. It shall be sufficient in any prosecution for the violation of any provisions of said Fire Prevention Code to refer thereto as the Fire Prevention Code, or to refer to any Article, Division, or Section thereof. The term "Code" whenever used 1n this Part shall refer to the Fire Prevention Code as adopted and amended by this Part. -1- 1319 ARTICLE III. CHAPTER 1. PART 1. DIVISION 2. PUBLIC SAFETY FIRE PREVENTION FIRE PREVENTION CODE PURPOSE 3112. PURPOSE. It is the intent and purpose of the Code to prescribe regulations consistent with nationally recognized standard practice for the safeguarding of life and property to a reasonable de- gree from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. ARTICLE III. CHAPTER 1. PART l. DIVISION 3. PUBLIC SAFETY FIRE PREVENTION FIRE PREVENTION CODE DEFINITIONS 3113. DEFINITIONS. The words used in the Code shall have the meaning ascribed to them by the Code, and in addition thereto the following words shall be understood and defined to have the meanings set forth in the following subsections. 3113.1. AGENCY. Whenever the term "Agency" is used it shall mean the City of Arcadia or the appropriate agency of said City as the context may reasonably require.. ) 3113.2. MUNICIPALITY. Whenever the term "Municipality" is used, it shall refer to the City of Arcadia. 3113.3. LEGISLATIVE BODY. Whenever the' term "Legislative Body" is used, it shall mean the City Council of the City of Arcadia. 3113.4. CHIEF ENFORCING OFFICER OR ENFORCING OFFICER. When- ever the term "Enforcing Officer" or "Chief Enforcing Officer" or "Chief" is used, the said term shall refer to the Chief of the City of Arcadia Fire Department, unless the City Council shall designate some other officer in place thereof. 3113.5. CHIEF OF THE BUREAU OF FIRE PREVENTION. Whenever the term "Chief of the Bureau of Fire Prevention" is used, it shall mean Chief of the City of Arcadia Fire Department unless the City Council shall designate some other officer in place thereof. 3113.6. OTHER OFFICERS. If any term used in the Code shall refer to an officer, agency, board or body not set up by or within the City of Arcadia, the term shall be deemed to refer to such officer, body or agency as shall in fact be charged with the responsibility of per- forming the duty intended to be performed by said officer, agency, board or body. ARTICLE III. CHAPTER 1 . PART l. DIVISION 4. PUBLIC SAFETY FIRE PREVENTION FIRE PREVENTION CODE DELETIONS, AMENDMENTS AND ADDITIONS 3114. DE:LETIONS, AMENDMENTS AND ADDITIONS. The following Sections and provisions of the Code are hereby deleted, amended or added as set forth in the following subsections. -2- 1319 3114.1. are hereby deleted DELETIONS. The following portions and repealed, to wit: Section 3.4 of Article 3. Article 9 in its entirety. Article 13 in its entirety. Paragraph (0) of Section 16.12 of Article 16. Section 16.65 of Article 16. Section 27.11 of Article 27. Section 28.1 of Article 28. Section 28.11 of Article 28. Appendix A in its entirety. Appendix B in its entirety. Appendix D in its entirety. 3114.2. AMENDMENT. Paragraph (k) of Section 12.2 of Arti- cle 12 of the Code is amended to read as follows: (k) Pyrotechnic shall mean any fireworks or pyro- technics as defined in Sections 12502 and 12503 of the California Health and Safety Code. of the said Code 3114.2.1. AMENDMENT. Paragraph (a) of Section 21.3 of Article 21 of the Code is amended to read as follows: (a) Permits and Reports of Installations. A permit shall be obtained for each installation of liqui- fied petroleum gas employing a container or an aggregate of interconnected containers of over 500 gallons water capacity, and for each installa- tion, irrespective of size of containers, made at buildings in which people congregate for civic, political, or recreational purposes, or educational, religious, or social purposes. Such buildings shall include schools, churches, hospitals, institutions, hotels, and restaurants, each having a capacity of 20 or more persons. 3114.3. ADDITION. Section 12.1.1 is hereby added to Article 12 of the Code, to read as follows: Section l:? .1.1. Sale or Use of Fireworks. The sale or use of fireworks shall be limited to those fireworks defined as "Safe and Sane Fireworks" by the State Fire Marshal with the advice of the State Fire Advisory Board. 3114.3.1. ADDITION. Section 16.13.1 is hereby added to Article 16 of the Code to read as follows: sectiona~6.l3.1. Permits. A permit shall be obtained for the installation of/taHR, piping, valves, fittings, or other equipment for the storage and handling of flammable or combustible liquids. 3114.3.2. ADDITION. Section 21.12 is hereby added to Article 21 of the Code to read as follows: section 21.12. Prohibited Use of Liquified Petroleum Gas. (a) Liquified petroleum gas shall not be used for the purpose of operating any device or equipment unless such equ:l.pment or device is approved for use with a liquified petroleum gas. (b) Liquified petroleum gas shall not be released to the atmosphere, except through an approved liquid level gauge or other approved device. -3- 1319 3114.3.3. ADDITION. Section 21.13 is hereby added to Article 21 of the Code to read as follows: Section 21.13. Overfilling Liquid Petroleum Gas Containers. No 'person shall fill or maintain a liquified petroleum gas container with liquified petroleum gas in excess of the fixed outage gauge installed by the manufacturer or the weight stamped on the tank. 3114.3.4. ADDITION. Section 21.14 is hereby added to Article 21 of the Code to read as follows: Section 21.14. Safety Devices. No person shall tamper with or make ineffective the safety devices of any liquified petroleum gas container. 3114.3.5. ADDITION. Section 21.15 is hereby added to Ar- ticle 21 of the Code to read as follows: Section 21.15. Smoking and Open Flame Devices Prohibited. (a) Conspicuous signs bearing the words "No Smoking or Open Flames Within 25 Feet" shall be posted at each permanent liquified petroleum gas installation. (b) No person shall smoke or maintain any open flame device within 25 feet of any permanent liquified petroleum gas installa- tion or container of more than 500 gallons water capacity. (c) No per- son shall place or maintain any liquified petroleum gas container of less than 1200 gallon water capacity within 25 feet of any open flame device nor place or maintain any liquified petroleum gas container of 1200 gallons or more water capacity within 50 feet of any open flame device. ARTICLE III. CHAPTER 1. PART 1. DIVISION 5. PUBLIC SAFETY FIRE PREVENTION FIRE PREVENTION CODE MODIFICATIONS AND APPEALS. 3115.1. MODIFICATIONS. The Chief of the Fire Department shall have power to modify any provisions of the Fire Prevention Code upon application in writing by the owner or lessee or his duly authorized agent, where there are practical difficulties in carrying out the strict letter of the Code, provided that the spirit of the Code shall be ob- served, public safety secured, and substantial justice done. The particulars of such modifications when granted or allowed and the deci- sion of the Chief thereon shall be entered upon the records of the Fire Department and a signed copy shall be furnished the applicant. 3115.2. APPEALS. Whenever the Chief of the Fire Department shall disapprove an application or refuse to grant a license or 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 been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council within thirty (30) days from the date of the decision. ARTICLE III. CHAPTER 1. PART 2. PUBLIC SAFETY FIRE PREVENTION FIRE ZONES 3120. CREATION. There is hereby created District consisting of all real property located in same presently is or hereafter may be constituted. in the City a Fire the City as the -4- 1319 3121. ~)UNDARIES. Said Fire District shall comprise and be divided into four zones designated as Fire Zone No.1, Fire Zone No.2, Fire Zone No.3, and Fire Zone No.4. 3121.1. FIRE ZONE NO.1. Fire Zone No.1 shall include all real property in the City which has been or may hereafter be classified, reclassified as, changed to or placed in Zones C-l, C-2, C-3, C-M or C-C under, pursuant to and in accordance with the provisions of Chapter 2 of Article IX. 3121.2. . FIRE ZONE NO.2. Fire Zone No.2 shall include all real property in the City which has been or may hereafter be classi- fied, reclassified as, changed to or placed in Zon~s C-O, M-l or M-2 under, pursuant to and in accordance with the provisions of Chapter 2 of Article IX. 3121.3. FIRE ZONE NO.3. Fire Zone No.3 shall include all real property in the City not otherwise included in either Fire Zone No.1, Fire Zone No.2 or Fire Zone No.4. 3121.4. FIRE ZONE NO.4. Fire Zone No.4 shall include all real property in the City which the Council by resolution 'determines, upon the report and recommendation of the Fire Chief, to be a hazardous fire area. 3122. FIRE DISTRICT MAP. The map attached to the latest resolution- of the Council adopted pursuant to Section 3121.4 shall constitute the Fire District Map of the City with respect to Fire Zone No.4. That certain map in the office of the Director of Public Works commonly referred to as the Zoning Map of the City, except that portion thereof designated to be in Fire Zone No.4 pursuant to Section 3121.4, is hereby designated as the Fire District Map of the City with respect to Fire Zones No.1, No.2 and No.3. ARTICLE III. CHAPTER 1. PART 3. PUBLIC SAFETY FIRE PREVENTION FIRE PREVENTION BUREAU 3131. CREATION. There is hereby established a Bureau of Fire Prevention in the Fire Department of the City of Arcadia. Said Bureau shall operate under the direction and supervision of the Fire Chief. 3132. DUTIES. The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention. In addition to the Inspectors authorized by the City Council the Fire Chief may detail such members of the Fire Department to act in the capacity of Inspectors as shall from time to time be necessary to enforce this Chapter. 3133. FIRE HAZARDS PROHIBITED. No person shall maintain or use or cause to be maintained or used any device, appliance, apparatus, equipment, tank, tank vehicle, business, process, structure or other place or thing which does not conform to the provisions of this Chapter, or which is not specifically covered under the provisions of this Chapter and which, due to improper use, maintenance~rdefective condi- tion, constitutes or contributes to or creates a fire hazard. When- ever such condition is found it shall be the duty of the Fire Chief to order the condition to be abated, removed, or remedied in such manner as he may specify. -5- 1319 SAME. 3133.1.1 ABATEMENT. Unless immediate action is taken or can be taken to comply with his order, the Fire Chief shall have the power to cause any act, performance, activity, operation, or other condition contributing to or creating such condition, to cease until proper correction or compliance is made. The Fire Chief may affix a condemna- tion tag prohibiting the use thereof until such conformance is estab- lished. When affixed such tag shall be removed only by order of the Fire Chief. No person shall remove or cause to be removed any tag affixed as specified in this Section without the permission of the Fire Chief. No person shall use or cause to be used any structure, device, apparatus, equipment, or thing to which a tag has been affixed as specified in this Section. SAME. 3133.2.1 NOTICE. When a fire hazard is created by any struc- ture or appurtenance thereto, the Fire Chief shall notify the Building Official who shall investigate such hazard and shall cause such hazard to be abated so as to provide reasonable safety to persons and property. ARTICLE III. CHAPTER 1 . PART 4. DIVISION 1. PUBLIC SAFETY FIRE PREVENTION SPECIAL REGULATIONS FIREWORKS 3141. FIREWORKS. REGULATION. Except as hereinafter specified, no person shall light, fire, discharge, explode or set off any fireworks or blank cartridges or small fire arms or anything containing any pro- portion of any substance of an explosive nature. 3141.1. SAME. PROHIBITED AREAS. No person shall use or discharge any type of fireworks north of Elkins Avenue or north of Foothill Boulevard east of the westerly bank of the Santa Anita Wash, nor within any area which in accordance with Section 3145 has been de- clared by the Fire Chief as a hazardous fire area and so posted. 3141. 2 . SAME. PERMITTED AREAS. Except as othe rwise pro- vided in Section 3141, the public may, with the consent of the owner or occupant thereof} on private property improved with a dwelling and inhabited by human beings, use and discharge such fireworks as are per- mitted by the laws of the State on the 4th of July of each year and upon the 5th of Jul1r of each year in which the 4th day of July falls on Sunday. 3141.3. SAME. USE BY MINORS. No parent, guardian, or other person having the legal care and custody of any child under the age of fourteen (14) years, shall allow such child to light, fire, discharge, explode or set off ~lnY fireworks or blank cartridges or small arms or anything contrary to the provisions of this Part. ARTICLE In. CHAPTER J. . PART 4. DIVISION 2. PUBLIC SAFETY FIRE PREVENTION SPECIAL REGULATIONS FLAMMABLE AND EXPLOSIVE MATERIALS. 3142. STORAGE OF FLAMMABLE LIQUIDS IN OUTSIDE ABOVE-GROUND TANKS PROHIBITED. 'l'he limits in which storage of flammable liquids in outside above-ground tanks is prohibited are hereby established as the boundaries of the City of Arcadia as the same now exist or as the same may at any time hereafter exist. -6- 1319 3142.1. NEW BULK PLANTS PROHIBITED. The limits in which new bulk plants for flammable liquids are prohibited are hereby established as the boundaries of the City of Arcadia as the same now exist or as the same may at an~' time hereafter exist. 3142.2. BULK STORAGE OF LIQUID PETROLEUM GAS RESTRICTED. The limits in which bulk storage of liquified petroleum gas is restricted, are herebY established as the boundaries of the City of Arcadia as the same now exist or as the same may at any time hereafter exist. 3142.3. STORAGE OF EXPLOSIVES AND AMMUNITION RESTRICTED. The limits in which the storage of explosives and ammunition are re- stricted are hereby established as the boundaries of the City of Arcadia as the same now exist or as the same may at any time hereafter exist. 3142.3.1. SAME. EXCEPTION. The City Council may, upon written application, and after receipt of the report and recommendation of the Fire Chief, after finding upon the evidence received that the public health, safety, and welfare will not be jeopardized, alter the limits fixed by any of the preceding four Sections. Such alteration of limits shall require the affirmative vote of at least three of the members of the Council entered upon the Council minutes. 3142.4. SALE OF FLAMMABLE LIQUIDS RESTRICTED. No person shall sell or offer for sale any Class I flammable liquid as defined in the Fire Prevention Code adopted by this Chapter for the express purpose of domestic cleaning. No person shall sell, offer for sale, or dispense any flammable liquid for the express purpose of producing a fire bomb as defined by Section 653 (1) of the California Penal Code. 3142.5. ABANDONMENT OR REMOVAL OF UNDERGROUND TANKS. No person shall abandon or remove any underground tank which may contain or has contained flammable or combustible liquids without a permit from the Fire Chief, which permit shall prescribe the method of abandonment to be used. When tanks are rendered temporarily out of serv:l.ce or are abandoned in place, the application for the permit specified herein shall include a description of tank size, location, date of abandonment and the method to be used for placing the tank or tanks in a safe condition. 3142.5.1. SAME. METHOD. Underground tanks taken out of service shall be safeguarded or disposed of by anyone of the follow- ing methods: (a) if placed temporarily out of service for a period not to exceed ninety days, the fill line, gauge opening and pump suction shall be capped and secured against tampering and the vent line shall be left open; (b) If abandoned in place, all flammable or combustible liquid shall first be removed from tank and from all connecting lines, then the suction, inlet, gauge and vent lines shall be disconnected. The tank and any relnaining stubs shall thereupon be filled completely with a non-shrinking inert solid material; and lastly all tank inlets and outlets shall be capped; (c) If removed, all flammable or combus- tible liquids in the tank or connecting lines shall first be removed, then the suction, inlet, gauge and vent lines shall be disconnected. Sections of connect:lng lines which are not to be used shall be removed. Inlets, outlets and leaks, if any, shall be capped or plugged. The tank shall then be gas freed and the tank shall be removed to a safe location. In no case shall a cutting. torch or other flame or spark producing equipment be used. -7- 1319 3142.5.2, SAME. DISPOSAL. Tanks which are to be junked shall be tested and, if necessary, rendered gas free and shall then be opened in a manner which will render them unfit for further use. Tanks which are to be reused for flammable or combustible liquids shall meet all of the provisions of the Code. ARTICLE III. CHAPTER 1. PART 4. DIVISION 3. PUBLIC SAFETY FIRE PREVENTION SPECIAL REGULATIONS OUTDOOR FIRES AND OPEN FLAME DEVICES 3143. A.P,C.D. COMPLIANCE. All burning of combustible waste material permitted under this Section is subject to the re- strictions of the Air Pollution Control District, County of Los Angeles, as the same now exist~ or are hereafter amended. 3143.1. FIRES ON PUBLIC PROPERTY. No person, except an officer or employee of the City within the scope of his duties, shall set fire to, ignite, or burn any combustible material or substance upon any street, alley, sidewalk, park, parkway, or other public property within the City. This Section shall not prohibit a person from utilizing cooking and campfire facilities provided in the City Parks if required permits are first obtained. 3143.2. INCINERATORS AND OPEN FIRES. No person shall dis- pose of any combustible waste material by burning, or kindle or main- tain any bonfire or rubbish fire, or ignite, set fire to, or burn any grass, weeds, brush slash, or stubble, or authorize any such fire to be kindled or maintained on any lot or parcel of land within the City except as follows: (a) All outdoor burning done outside of an incinera- tor shall require a written permit from the Fire Chief containing all provisions deemed necessary for fire safety. (b) All other burning shall be done in an approved type incinerator. (c) An approved type inc:l.nerator shall mean an incinerator which has complied with all the regulations of the Air Pollution Control District, County of Los Angeles, and the City Fire and Building Departments. The location of said incinerator shall be approved by the Fire Chief. 3143.3. ASPHALT KETTLES AND TAR POTS. No person shall transport or permit to be transported any asphalt kettle or tar pot upon which is maintained any open fire, heated coals, or ashes over any highway, road, or street. No asphalt kettle or tar pot shall be operated within a structure or upon the roof of a structure without a permit from the Fire Chief. Except when located outside of established curb lines,no asphalt kettle or tar pot shall be operated within 10 feet, measured horizontally, from any combustible structure, any combustible materials, or any unprotected opening of a structure. 3143.4. OPEN FLAME DEVICES IN PUBLIC PLACES. No person shall use or allow to be used any candle or open flame device in any public place unless such use complies with the requirements of the Chief of the Fire Department. For the purposes of this Section, public place shall mean any Church, school, lodge, eating establishment, cocktail lounge, cabaret or any place where the public congregates for the purposes of deliberation, worship, entertainment, amusement, instruction, education, recreation, or similar purpose. The Fire Chief may prepare such minimum requirements regulating the use of candles and open flame devices as necessary to provide safety to persons and property. 3143.5. HEATING DEVICES. No person shall maintain any heating device in any occupancy the combustion chamber of which is not adequately guarded to prevent ignition of any adjacent material. Flame in any such heating device shall be so permanently regulated, or guards shall be so maintained, as to prevent injury to persons or ignition of adjacent materials. -8- 1319 ARTICLE III. CHAPTER 1. PART 4. DIVISION 4. PUBLIC SAFETY FIRE PREVENTION SPECIAL REGULATIONS REFUSE AND WASTE MATERIALS 3144. S~~ORAGE AREAS. Every occupancy, except single family dwelling occupancies, shall be provided with an area reserved for storage of the accumulation of combustible refuse and waste materials pending removal of such materials from the premises. For the purposes of this Sectionl'Refuse and Waste Accumulation Area"shall mean that area where such materials are stored while awaiting removal or disposal and shall not mean any receptacles or containers which may be distributed throughout the premises for the purposes of collecting refuse and waste from particular operations or locations. Such storage area shall be located more than 10 feet from non-fire resistive portions of any struc- ture and more than 10 feet, measured horizontally, from any opening into a s~fi~Rture which is not protected with an approved fire assembly of not 1~ss\3/4 hour fire resistive rating. 3144.1. STORAGE. Every property owner, occupant or tenant shall cause combustible refuse and waste materials to be stored within an approved refuse and waste accumulation area in one of the following methods: (a) By baling such materials as specified in the Code. (b) By placing such material in approved non-combustible containers. A sufficient number of such containers. shall be provided to store all of the refuse and waste accumulated at the premises between times of removal. Waste accumulation areas, baling operations, and all refuse and waste containers shall be of a type approved by the Fire Chief and shall incorporate features which provide a complete confinement of refuse and waste. 3144.2. DUMPING ON VACANT LOTS. No person shall deposit any grass, weeds, brush, debris, trash, or other waste material upon any vacant lot or parcel of ground within the City, except with the written consent of the owner thereof. 3144.3. VACANT BUILDINGS. Every person owning or in charge or control of any vacant building shall remove therefrom all accumula- tions of flammable or combustible waste and rubbish and shall securely lock, barricade or otherwise secure all windows, doors and other open- ings thereof, so as to prevent unauthorized persons from gaining access thereto. ARTICLE III. CHAPTER 1. PART 4. DIVISION 5. PUBLIC SAFETY FIRE PREVENTION SPECIAL REGULATIONS HAZARDOUS FIRE AREAS 3145. DESIGNATION. The Fire Chief is hereby authorized to declare any portion of the City which is sparsely settled and which is substantially covered with brush, grass or other inflammable material as a hazardous fire area. Such declaration shall be made in writing over the signature of the Fire Chief and shall specify the dates during which such declaration shall be effective. A copy of such declaration, together with a map delineating the area thus designated, shall be filed with the City Clerk. -9- 1319 3145.1. ENTRY RESTRICTED. Except as hereinafter provided, no person shall ent.er upon, be at or remain in any hazardous fire area so designated by the Fire Chief during the effective period of any such declaration, when signs giving notice that the area is a hazardous fire area are posted at such locations within or immediately adjacent to such area as will in the opinion of the Fire Chief give reasonable notice to the public that the area has been designated as a hazardous fire area. 3145.2. SAME. PROPERTY EXEMPT. any hazardous fire area are exempt from the section, to wit: public roads; properties ings and occupied by the owners or tenants sites designated by the Fire Chief. 3145.3. SAME. PERSONS EXEMPT. City, county, state and federal public officers and their respective authorized agents, while acting within the course of their official duty, are exempt from the provisions of Section 3145.1. The owners or tenants of private prop- erty located within any designated hazardous fire area, as well as the guests or invitees of such owners or tenants, are exempt from the provisions of Section 3145.1 but only with respect to the property of such owners or occupants included within a hazardous fire area. The following places within provisions of the prece~ing improved with family dwe~l- ther.eof; improved camp 3145.4. FIRES AND SMOKING PROHIBITED. No person shall light, ignite or otherwise set fire .to any combustible material or smoke any cigarette, cigar, pipe or tobacco in any form within any hazardous fire area designated as provided in Section 3145. 3145.5. SAME. EXCEPTION. The provisions of the preceding Section shall not apply to any occupied dwelling nor to any smoking area, camp site, or public park designated by the Fire Chief. 3145.6. OUTDOOR FIRES. No person shall build, ignite or maintain any outdoor fire of any kind or character, or for any purpose whatsoever, in or upon any hazardous fire area, except by the authority of a written permit from the Fire Chief. No permit will be required for outdoor fires within habited premises or designated camp sites where such fires are built in a permanent barbecue, portable barbecue, outdoor fireplace, incinerator or grill, and are a minimum of thirty (30) feet from any grass, grain, brush or forest covered areas. Such a permit shall incorporate such terms and conditions which will reasonably safe- guard public safety and property. Regardless of permit, however, no person shall build, ignite or maintain any outdoor fire in or upon any hazardous fire area, under the following conditions: 1. When any high wind is blowing; or 2. When there is no person aged seventeen (17) or over present at all times to watch and capable of tending such fire; or 3. Such times as public announcement is made that there shall be no open burning. No person shall use any permanent barbecue, portable barbecue, outdoor fireplace, or grill for the disposal of rubbish, trash or com- bustible waste material. 3145.7. ,OPEN FLAME DEVICES. No person shall operate or use any device, machine or process such as a welding torch, tar pot, decora- tive torch, or any other device liable to start or cause fire in or upon any hazardous fire area, except by the authority of a written -10- 1319 permit from the Fire Chief; provided, however, that no permit will be required if such use is within habited premises or designated camp sites and such uses are a minimum of thirty (30) feet from any grass, grain, brush or forest covered areas. No person shall operate or use any flame employing device such as a lantern or kerosene road flare as a signal or marker in or upon any hazardous fire area. This Section shall not apply to or restrict the proper use of fusees at the scenes of emergencies or as required by standard railroad operating procedures. 3145.8. INCINERATORS AND FIREPLACES. No person shall build, install or main~ain any incinerator, outdoor fireplace, permanent barbecue, or grill in any hazardous fire area without first securing written approval of the Fire Chief. Every incinerator, outdoor fire- place, permanent barbecue or grill shall be maintained in good repair and in a safe condition at all times. .All openings in any such appliance shall be provided with an approved spark arrester, screen or door. If required for their proper functioning barbecues and grills may be ap- proved with certain openings left unprotected. 3145.9.. FIREWORKS. Notwithstanding the provisions of Section 3141.2 no persons shall use or possess fireworks within a hazardous fire area. Fireworks shall mean and include any article or substance or combination thereof which produces a visible or audible effect upon combustion, explosion, detonation or deflagration. Fire- works shall include but not be limited to firecrackers, sparklers, torpedoes, sky rockets, roman candles, blank cartridges, caps, tracers, tracer bullets, tracer charges or any similar item or anything con- taining any proportion of any substance of an explosive nature. 3145.10. SAME. EXCEPTION. The preceding Section shall not prohibit the possession of any item therein described, when otherwise lawful, at a location and in a manner otherwise lawful, within an occu- pied dwelling, or the transportation thereof to or from an occupied dwelling by vehicle upon public streets when otherwise lawful. 3145.11. EXPLOSIVES AND BLASTING. No person shall possess, keep, store, sell, offer for sale, give away, use, discharge, transport or dispose of in any manner any explosives within any hazardous fire area except by the authority of a written permit from the Fire Chief. 3145.12. TRACER BULLETS. No person shall fire or cause to be fired any tracer bullet or tracer charge into or across any hazard- ous fire area, nor shall he have in his possession any tracer bullet or tracer charge on such area. 3145.13. ROCKETS AND MODELS. No person shall use, fire or project into or across any hazardous fire area any rocket, model plane, glider or balloon powered with an engine, propellent, or other features liable to start or cause fire in said area. 3145.14. DISPOSAL OF ASHES. No person shall place, deposit or dump any ashes or coals in or upon any hazardous fire area except in the hearth of an established fire pit, camp stove or fireplace; or in a noncombustible container with a tight fitting lid which is kept or maintained in a safe location not less than ten (10) feet from any com- bustible vegetation or structure; or where such ashes or coals are buried-and covered with one (1) foot of mineral earth not less than twenty-five (25) feet from any combustible vegetation or structure. -11- 1319 3145.15. SPARK ARRESTERS. EQUIPMENT. No person shall use or operate in, upon, or within two hundred (200) feet of any hazardous fire area, any tractor, construction equipment, engine, machinery or any steam, oil or gasoline operated stationary or mobile equipment, from which a spark or fire may originate unless such equipment is pro- vided with a qualified device or spark arrester installed in or attached to the exhaust pipe which will prevent the escape of fire or sparks. Said qualified device or spark arrester shall meet the United States Forest Service Interim Standards for spark arresters for In- ternal Combustion Engines Number 1, dated April 7, 1959. For the pur- pose of this Section, any registered motor vehicle operated on a road or highway and which is equipped with a muffler in good condition as required by the Vehicle Code, shall be deemed to be in compliance with this Section. 3145.16. SAME. Each chimney used in conjunction with any fireplace, barbecue, incinerator or any heating appliance in which solid or liquid fuel is used, upon any building, structure, or premises located within two hundred (200) feet of any hazardous fire area, shall be maintained with a spark arrester constructed with heavy wire mesh or other non-combustible material with openings not to exceed one-half (1/2) inch. 3145.17. CLEARANCE OF GROWTH FROM ELECTRICAL TRANSMISSION LINES. Any person owning, controlling, operating or maintaining any electrical transmission line upon any hazardous fire area shall, at all times, maintain around and adjacent to any pole supporting a switch, fuse, transformer, lightning arrester, line junction, dead end, corner pole, towers or other poles or towers at which power company employees are likely to work most frequently, an effective firebreak consisting of a clearing of not less than ten (10) feet in each direction from the outer circumference of such pole or tower; provided, however, that this provision shall not be deemed to apply to lines used exclusively as telephone, telegraph, telephone or telegraph messenger call, fire or alarm lines, or other lines classed as communication (Class C) circuits by General Order 64-A of the Public Utilities Commission of the State of California. Any person owning, controlling, operating or maintaining any electrical transmission line upon any hazardous fire area shall main- tain a clearance of the respective distances as specified in this Section in all directions between all vegetation and all conductors carrying electrical current: 1. For llnes operating at 2,400 volts and less than 68,000 volts, four (4) feet. 2. For 11nes operating at 68,000 volts and less than 110,000 volts, six (6) feet. 3. For llnes operating at 110,000 volts and over, ten (10) feet. In any case, such distance shall be suff:l.ciently great to furnish the required clearance from the particular wire or conductor, at any position of such wire or conductor at any temperature of 120 degrees Fahrenheit or less. Forked trees, dead trees, old decadent or rotten trees, those weakened by cat faces, decay or disease, and trees leaning toward the line, whlch may contact the line from the side or may fall on the line, shall be felled, cut or trimmed so as to remove the hazard. No clearil1g to obtain line clearance is required when self- supporting aerial cable is used except that forked trees, leaning trees, and other growth whlch may fall across the cable and break it shall be removed. -12- 1319 Nothing contained in this Section shall be construed to re- quire any person to maintain any clearing on land where such person does not have the legal right to maintain such clearing, nor shall any provision of this Part be construed to require any person to enter upon or to damage' property of another without consent of the owner thereof. 3145.18. CLEARANCE OF GROWTH FROM STRUCTURES. Any person owning, leasing, controlling, operating or maintaining any building or structure in, upon or adjoining any hazardous fire area, and any person owning, leasing or controlling any land adjacent to such build- ings or structures, shall at all times keep such land clear and free of hazardous brush conditions. Buildings and structures with roof covering of "fire-retardant" materials, as specified in Section 3203(a) of the Uniform Building Code, 1964 Edition, shall at all times: 1. Maintain around and adjacent to such building or struc- ture an effective firebreak made by removing and clearing away, for a distance therefrom of not less than thirty (30) feet on each side thereof, all flammable vegetation or other combustible growth. This Section shall not a.pply to single specimens of trees, ornamental shrubbery, or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. 2. Maintain around and adjacent to any such building or structure additional fire protection or firebreak made by removing all brush, flammable vegetation or combustible growth located from thirty (30) feet to one hundred (100) feet from such building or structures as may be required by the Fire Chief when he finds that because of extra hazardous conditions a firebreak of only thirty (30) feet around such structures is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than thirty (30) feet from such building or structure and less than eighteen (18) inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion. BUildings and structures with roof coverings other than "fire-retardant" materials shall at all times: 1. Maintain' around and adjacent to such building or struc- ture an effective firebreak made by removing and clearing away, for a distance therefrom of not less than th+rtY(30) feet on each side thereof, all flammable vegetation or other combustible growth. This Section shall not apply to single specimens of trees, ornamental shrubbery, or similar plants used as ground covers, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure. 2. Maintain around and adjacent to any such building or structure additional fire protection or firebreaks made by removing brush, flammable vegetation or combustible growth located from thirty (30) feet to one hundred (100) feet, such brush, flammable vegetation and combustible growth to be reduced in height to less than eighteen (18) inches above the ground where necessary to stabilize the soil and prevent erosion. Where the percentage of grade on slopes is such that required clearance distances between flammable vegetation and structures does not offer the protection intended, such clearance distances will be measured from the structures on a horizontal plane to the vertical. 3. Remove that portion of any tree which extends within ten (10) feet of the outlet of any chimney. 4. Maintain any tree adjacent to or overhanging any building free of dead wood. -13- 1319 5. Maintain the roof of any structure free of leaves, needles or other dead vegetative growth. In the event any of the conditions prohibited by this Section exist, the City Council may instruct the Fire Chief to give notice to the owner of the property upon which such condition exists, to correct such prohibited condition, and if the owner fails to correct such condition the City Council may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists. 3145.19. CLEARANCE OF GROWTH FROM ROADWAYS. The Fire Chief may remove and clear within ten (10) feet on each side of every road- way all flammable vegetation or other combustible growth, and may enter upon private property to do so. This Section shall not apply to single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire. As used in this Section, "roadway" shall mean that portion of a highway or private street improved, designed or ordinarily used for vehicular travel. If the Fire Chief determines in any specific case that diffi- cult terrain, danger of erosion or other unusual circumstances make strict compliance with the clearance of vegetation provisions with Sections 3145.17, 3145.18 and 3145.2 of this Part undesirable or im- practical, he may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this Part. 3145.20. FIRE ROADS AND FIREBREAKS. No person, except public officers acting within the scope of their duties, shall travel upon, or drive or park any motorcycle, motor scooter or motor vehicle upon any fire road or firebreak beyond the point where travel is restricted by a cable, gate or sign without the permission of the property owner or owners involved. No person shall park any vehicle so as to obstruct the entrance to any fire road or firebreak. No person shall install or maintain a radio or television aerial, or guy wires thereto, or any other obstruction on any fire road or firebreak, which is less than sixteen (16) feet above such fire road or firebreak. 3145.21. MOTORCYCLES, MOTOR SCOOTERS AND MOTOR VEHICLES. No person shall operate any motorcycle, motor scooter or motor vehicle, except upon Clearly established public or private roads within any hazardous fire area without first having secured a permit to do so from the Fire Chief'. No such permit shall be issued unless written permission from the property owner is first presented. 3145.22. TAMPERING WITH FIRE DEPARTMENT LOCKS, BARRICADES AND SIGNS. No person shall tamper with, mutilate, destroy or remove any lock, barricade, seal, cable, sign or marker installed within any hazardous fire area by or under the control of the Fire Chief, or other duly constituted authority. No unauthorized person shall unlock any gate, door, barrier or lock installed by or under the control of the Fire Chief or other duly constituted authority. 3145.23. ENFORCEMENT. The Fire Chief and his deputieR hereby are authorized to enforce the provisions of this Division. Said deputies shall consist of the following persons: 1. Officers and members of the Fire Department. 2. Officers and members of the Police Department. 3. United States Forest Service Officers. 4. Such other officers or employees of the City Council as may be recommended by the Fire Chief and approved by the City Council. -14- 1319 The Fire Chief and his authorized representatives, to include deputized personnel, may enter any premises, structure or building at any reasonable hour to enforce this Division. The owner, tenant, lessee, occupant, manager or operator of any such premises, structure or build- ing shall permit the Fire Chief or his authorized representative to enter and inspect at the time and for the purpose stated in this Section; provided that the authority conferred by this Section shall not apply to the entry of a private residence unless written notice is served on the occupant thereof. Such written notice shall contain a state- ment of the time and the purpose of such inspection. 3145.24. AUTHORITY TO STIPULATE PERMIT CONDITIONS. The Fire Chief shall have the authority to stipulate such conditions as he deems necessary in all permits. If in his judgment public safety would be better served, he may refuse to issue any such permit. 3145.25. LIABILITY FOR FIRE DAMAGE. The expenses of fighting any fires which are the result of a violation of this Division are a charge against the person whose violation of this Division caused the fire. Damages caused by such fires shall constitute a debt of such person and are collectible by the Fire Chief in the same manner as in the case of an obligation under a contract, expressed or implied. ARTICLE III. CHAPTER 1. PART 5. PUBLIC SAFETY FIRE PREVENTION MISCELLANEOUS PROVISIONS 3155. PEACE OFFICER AUTHORITY, To carry out the purposes of this Chapter the Fire Chief and his authorized representatives hereby are made and given the powers of Peace Officers and are em- powered to inspect and abate any condition that constitutes a fire hazard. The Chief of Police and his representatives shall have the power, and hereby are directed upon the request of the Fire Chief or his authorized representatives, to assist in the enforcement of the provisions of this Chapter. 3155.1. FIRE DEPARTMENT BADGE. No person shall wear, display, or have in his possession any badge or shield of the. same design as adopted as the official badge or shield of the City of Arcadia Fire Department, unless such person shall be a duly appointed acting member of said Fire Department. The provisions of this Section shall not apply to any member of said Fire Department who has been honorably retired on a pension and who may have in his possession a facsimile of the official badge or shield presented to him by the City, provided that the same shall plainly indicate the fact that such former member is no longer in the active service of the Fire Department. 3155.2. TAMPERING WITH FIRE PROTECTION EQUIPMENT PROHIBITED. No person except a person authorized by the Fire Chief, or any em- ployee of the City, acting within the scope of his public duties, shall in any manner tamper with any lock, gate, door, barrier, en- closure, fire hydrant, fire alarm circuit, fire alarm box or auxiliary fire fighting apparatus or other equipment which is installed by, under the control of, or for the use of the Fire Department of the City. This Section shall not prohibit necessary repairs to, or main- tenance of, privately owned fire protection equipment by individuals, firms or corporations owning such systems, or their agents. -15- 1319 3155.3. FIRE HYDRANT OBSTRUCTION. No person shall place or keep near any fire hydrant any box, fence, trash, vegetation or other material which will in any manner obscure the fire hydrant or hinder the Fire Department from gaining immediate access thereto. 3155.3.1. SAME. MARKING. Whenever the Fire Chief determines that the visibility of any fire hydrant is wholly or partially obscured to the view of members of the Fire Department answering emergency fire calls by light or sign standards, utility poles or similar in- stallations on or in the sidewalk, street or parkway, he may cause to be painted on each such obstruction a stripe, the top of which shall be not more than six feet above the surface of the sidewalk, street, or parkway in which such obstruction is located. The stripe shall not be over twelve inches in width, and shall be the same color as that of the fire hydrant so obstructed. 3155.4. INTERFERENCE WITH FIREMAN. No person shall inter- fere with any officer or member of the Fire Department or refuse or neglect to obey any lawful order or requirement of any officer or member of the Fire Department, while such officer or member is engaged in the lawful performance of his duties. 3155.5. FIRES AND OTHER EMERGENCIES. The Fire Chief and his authorized representatives at the scene of a fire or other emergency involving the protection of life and property or any part thereof, shall have the power and authority to direct such operation as may be necessary to extinguish or control'any fire, perform any rescue opera- tion, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, and to take any other action necessary in the reasonable performance of their duty. In the exercise of such power the Fire Chief and his authorized repre- sentatives may prohibit any person, vehicle or thing from approaching the scene and may remove or cause to be removed or kept away from the scene any person, vehicle or thing which may impede or interfere with the operations of the Fire Department. 3155.6. NOTICE OF BLOCKING STREETS. Any person excavating or working upon any street, alley or public thoroughfare and who by reason thereof or for any other reason causes the same to be blocked or made impassable shall notify the Fire Department at the time such work is started and upon the completion thereof. 3155.7. REPORTING OF FIRES. In the event that a fire occurs on any property, eijhe~=ijhaa=a=p~epe~ij~=eee~pied=b~=a=8iag~e=~ami~~ Qwe111ag=~a1tp the owner or occupant thereof shall immediately report such fire to the Fire Department. A fire shall mean any fire not used for cooking, heating, industrial or recreational purposes or one not incidental to normal operations of the property. 3155.8. FALSE ALARM PROHIBITED. No person shall send in an alarm from any fire alarm box or telephone system or any verbal alarm except for the purpose of giving an alarm of a fire or emergency which such person has good reason to believe endangers life or property. 3155.9. ELECTRICAL EQUIPMENT. Electrical wiring, appliances and equipment shall be maintained so as to be reasonably safe to persons and property. It shall be the duty of the Fire Chief to order the elimination of any electrical wiring, appliances or equipment which constitutes a fire hazard. When electric wiring, appliances or equip- ment must be repaired or replaced in order to abate a fire hazard, the Fire Chief shall notify the Building Official who shall investigate and shall cause the hazard to be abated so as to provide reasonable safety to persons and property. -16- 1319 3155.9.1. SAME. TAMPERING PROHIBITED. with or in any manner reduce the effectiveness of :l.nstalled in any electrical circuit or system. No person shall tamper any overcurrent device 3155.10. HELIPORTS, HELISTOPS, AND HELICOPTER CRANE OPERATIONS. No person shall establish or maintain any heliport or helistop, nor make any helicopter landings or takeoffs on an occasional basis, nor engage in any helicopter crane operation without first comply1.ng with the provisions of Article III, Chapter 6, Parts 1 and 2 of this Code. In considering the issuance of a permit or authorization pursuant to Sections 3626 or 3626.1 of this Code, the City Councilor City Manager shall obtain a written recommendation from the Fire Chief who may, in preparing such report, require the applicant to provide information in such detail as he may specify. The Fire Chief is hereby empowered to adopt and enforce reasonable rules and regulations to provide safety to persons and property during the performance of any operation described in this Section; such regulations shall be deemed to be included within those falling under the provisions of Section 3627 of this Code. 3155.11. LIABILITY FOR DAMAGE. This Chapter shall not be construed to hold the public entity or any officer or employee re- sponsible for any damage to persons or property by reason of the in- spection or reinspection as herein provided, by the failure to so in- spect or reinspect, or by reason of the approval or disapproval of any equipment or process authorized herein, or for any action in connection with the control or extinguishment of any fire or in connection with any other official duties. SECTION 3. The City Clerk shall certify to the adoption of this Ordinance. I HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Arcadia held on the 15th day of March , 1966, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Forman, Turner and Reibold NOES: None ABSENT: Councilmen and Considine City of Arcadia SIGNED AND APPROVED , 1966. AT;~i'?// /) .f;$ud},;J /~A~ City Clerk ( SEAL) b -17- 1319