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HomeMy WebLinkAbout1810 - ORDINANCE NO. l810 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA ADOPTING THE UNIFORM FIRE CODE, THE FIRE CODE STANDARDS AND AMENDING CHAPTER 1 OF ARTICLE III OF THE ARCADIA MUNICIPAL CODE RELATING TO FIRE PREVENTION AND PUBLIC SAFETY THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 1 of Article III of the Arcadia Municipal Code is hereby repealed.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 6, to read as follows: ARTICLE III. CHAPTER 1. PART 1. DIVISION 1. PUBLIC SAFETY FIRE PREVENTION UNIFORM FIRE CODE ADOPTION 311l. UNIFORM FIRE CODE. ADOPTION. With the exception of the deletions or additions hereinafter set forth, and subject to the amendments hereinafter specified, there is hereby adopted by reference for the City of Arcadia the 1982 Edition of the Uniform Fire Code, , including appendices I-A, I-B, II-A, Ill-A, Ill-B, lll-C, VI-B, VI-C and the Uniform Fire Code standards as published by the Western Fire Chiefs Association and the International Conference of Building Officials, and shall constitute the Fire Code of the City of Arcadia. Three (3) copies of said codes are on file in the office of the City Clerk for use and examination by the public. 3111.1 SAME REFERENCE. It shall be sufficient in any prosecution for the violation of any provisions of said Uniform Fire Code to refer thereto as the Uniform Fire Code, or to refer to any Article, Division or Section thereof. The term "Fire Code" whenever -1- 1810 used in this Part shall refer to the Uniform Fire Code and Fire Code Standards as adopted and amended by this Part. ARTICLE III. CHAPTER 1. PART 1. DIVISION 2. PUBLIC SAFETY FIRE PREVENTION UNIFORM FIRE CODE PURPOSE 3112. PURPOSE. It is the intent and purpose of the Fire Code to prescribe regulations consistent with nationally recognized standard practice for the safeguarding of life and property to a reasonable degree 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 1. DIVISION 3. PUBLIC SAFETY FIRE PREVENTION UNIFORM FIRE CODE DEFINITIONS 3113. DEFINITIONS. The words used in the Fire Code shall have the meaning ascribed to them by the Fire 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. ADMINISTRATOR. Shall mean the City Manager of the City of ,Arcadia. 3113.2. CHIEF ENFORCING OFFICER OR ENFORCING OFFICER. Whenever the term "Chief" is used, the said term shall refer to the Chief of the City of Arcadia Fire Department. 3113.3. 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. -2- 1810 3113.4. CITY COUNCIL. Shall mean the City Council of the City of Arcadia as prescribed by the Charter. 3113.5. COUNCIL APPROVAL. Shall mean the affirmative vote of three members of the council entered upon the council minutes. 3113.6. EXECUTIVE BODY. Shall mean the City Council of Arcadia. 3113.7. FIRE DEPARTMENT. Shall mean the regularly organized fire department of the City of Arcadia. 3113.8. JURISDICTION. Shall mean the City of Arcadia, and persons duly authorized for the enforcement of this code. 3113.9. JURISDICTIONAL AREA. Shall mean that area within the bo~ndaries of the City of Arcadia. 3113.10. LEGISLATIVE BODY. Whenever the term "Legislative Body" is used, it shall mean the City Council of the City of Arcadia. 3113.11. MUNICIPALITY OR CITY. Whenever the term "Municipality or city" is used, it shall refer to the City of Arcadia. 3113.12. 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 performing the duty intended to be performed by said officer, agency, board or body. ARTICLE III. CHAPTER 1. PART 1. DIVISION 4. PUBLIC SAFETY FIRE PREVENTION UNIFORM FIRE CODE VIOLATIONS 3114. VIOLATIONS. (a) Any person who shall violate any of the provisions of this Code or Standards hereby adopted or fail to comply therewith, or who -3- 1810 shall violate or 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 no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Councilor by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, p~nishable pursuant to Section 1200 of the Arcadia Municipal Code. 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 in a timely manner as specified by the Chief or his authorized representative. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. SECTION 3. The following Sections and provisions of the Fire Code are hereby deleted, amended or added as set forth in the following: ARTICLE III. CHAPTER 1. PART l. DIVISION 5. PUBLIC SAFETY FIRE PREVENTION UNIFORM FIRE CODE AMENDMENTS AND ADDITIONS 3115. AMENDMENT. Paragraph (b) of Section 78.102 of Article 78 of, the said Fire Code is hereby amended to read as follows: (b) The Chief shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by a jurisdiction, fair associations, amusement parks, other organizations, or for the use of fireworks by artisans in' pursuit of their trade. Every such use or display shall be handled by a competent operator approved by the Chief, and shall be of such -4- 1810 chat'acter and so located, . discharged or fired as, in the opinion of the Chief after proper investigation, not to be hazardous to propet'ty or endanger any person. 3115.1. AMENDMENT. Appendix III C, Section 9, FIRE ALARM SYSTEMS, Required Installations is hereby amended to read as follows: Group A Occupancies: as required in Section 610 U.B.C. 1979 edition. Group B Occupancies: as required in Section 710 U.B.C. 1979 edition. Group E Occupancies: as required in Section 809 U.B.C. 1979 edition and Section 2-809 Title 24, California Administrative Code curt'ent edition. Group H Occupancies: as required in Section 910 U.B.C. 1979 edition. Group I Occupancies: as required in Section l009 U.B.C. 1979 edition and Section 2-1009 Title 24, California Administrative Code current edition. Group R Occupancies: as required in Section l2l0(a) U.B.C. 1979 edition and Section 2-1216 Title 24, California Administrative Code current edition. I 3115.2. ADDITION. Section 10.104 is hereby added to Article 10 of the said Fire Code to read as follows: Section 10.104. NOTICE OF BLOCKING STREETS. Any person who causes any street, alley or public thoroughfare to be blocked or made imp,assible by reason of excavation, working thereon, or for any. other reason, shall notify the Fire Department not less than 24 hours prior to the time such street, alley or public thoroughfare is blocked ot' -5- 1810 made impassible, and immediately upon removal of such blocking or impediment. 3115.2.1. ADDITION. Section 10.206 (b) and (c) are hereby added to Article 10 of the said Fire Code, to read as follows: (b) Whenever the Chief determines that the visibility of any fire hydrant is wholly or partially obscured to the view of members of I the Fire Department answering emergency fire calls, by light or sign standards, utility poles or similar installations on or in the sidewalk, street or parkway, he may cause to be painted on each such ob~truction a stripe, the top of which shall not be more than six feet above the surface of the sidewalk, street or parkway in which such obstructions is located. The stripe shall not be over twelve inches , I in width, and shall be the same color as that of the fire hydrant so obstructed. (c) Whenever the Chief determines that it is advisable to I provide hydrant location indicators, he may cause to be painted or have installed hydrant location stripes or markers in the street. All mafkers placed in the street shall be the standard blue reflective marker as adopted by the California Fire Chief's Association and approved by the Chief. 3115.2.2. ADDITION. Section 11.117 is hereby added to Article 11 of the said Fire Code, to read as follows: Section 11.117 RESTRICTIONS ON BURNING AND OPEN FIRES; PUBLIC PROPERTY. (a) All burning of combustible waste material permitted under Article 11 is subject to the restrictions of the Air Quality Management District. -6- 1810 (b) It shall be unlawful for any person except an officer or employee of the City within the scope of his duties, to 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. EXCEPTION: This provision shall not prohibit a person from , utilizing cooking and campfire facilities provided in the City parks, if required permits are first obtained. (c) No person shall dispose of any combustible waste material by burning, or kindle or maintain any bonfire or rubbish fire, or authorize any such fire to be kindled or maintained on any lot or parcel of land within the City without a written permit from the Cnief. 3115.2.3. ADDITION. Section 11.301 (c) is hereby added to Article 11 of the said Fire Code, to read as follows: (c) Any person, upon discovering or being notified of an uncontrolled or dangerous gas leak, spill of flammable or combustible liquids, a hazardous or toxic material or any other material or cohdition that is dangerous to life or property on the premises which he, owns, rents, operates, manages, controls or occupies, shall immediately notify the Fire Department. 3115.2.4. ADDITION. Section 11.404 (f) is hereby added to Article 11 of the said code to read as follows: (f) Unvented Heaters. No person shall sell, or offer for sale, any new or used unvented heater, which is designed to be used inside any dwelling house or unit, with the exception of an electric heater, or of decorative gas logs or devise specifically designed for use in a vented fireplace. -7- 1810 3115.2.5. ADDITION. Section 12.104 (f) is hereby added to article 12 of the said code, to read as follows: (f) All doors in or leading to exits shall be maintained openable from the inside without the use of a key or any special knowledge or effort at all times when the building or area served I thereby is occupied. EXCEPTION: Approved locking devices may be used where specifically provided for in the Building Code. 3ll5.2.6. ADDITION. Section 78.107 (a) (b) and (c) are hereby added to article 78 of said fire code to read as follows: (a) FIREWORKS PROHIBITED USE. Except as hereinafter specified, no person shall light, fire, discharge, explode or set off any fireworks or blank cartridges or small firearms or anything containing any proportion of any substance of an explosive nature. (b) FIREWORKS USE; PERMITTED AREAS. With the exception of property located in a hazardous fire area, the public may with the corsent of the owner or occupant thereof, use and discharge such fireworks as are approved by the State Fire Marshal as safe and sane and are permitted by the laws of the state on the fourth of July of each year, and upon the fifth of July of each year in which the fourth , day of July falls on Sunday. (cl 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 any fireworks or blank cartridges or small arms or anything contrary to the provisions of this part. , 3115.2.7. ADDITION. Section 78.108 (al and (bl are hereby added to article 78 of said fire code to read as follows: -8- 1810 (a) SALE, POSSESSION AND USE. The sale, possession and use of all such fireworks as permitted by this article shall be limited to those fireworks listed as safe and sane by the State Fire Marshal and shall bear the State Fire Marshal's approved seal of registration. (b) FIREWORKS ACTIVITIES AND MODEL ROCKETS. All activities i~volving storage, possession, transportation, discharge, public displays, special effects and disposal of fireworks including model rockets shall be subject to the regulations of the State Fire Marshal. 3115.2.8. ADDITION. Section 79.902 (i) is hereby added to Article 79 of the said Fire Code, to read as follows: (i) A service station shall not be installed or maintained on any dwelling property, apartment house, lodging house or hotel pr'operty. No person shall dispense any flammable liquid or liquefied petroleum gas directly from an underground tank, above ground tank or drum, or liquefied petroleum gas container directly into the fuel tank of a motor vehicle or any container while on any premises which has a dwelling unit or units, apartment house, lodging house or hotel. ARTICLE III. CHAPTER 1. PART l. DIVISION 6. PUBLIC SAFETY FIRE PREVENTION UNIFORM FIRE CODE APPEALS AND PERMITS 3116.1 APPEALS. Whenever the Chief disapproves an application or refuses to grant a permit applied for the applicant may appeal from the decision of the Chief to the City Council within thirty (30) days from the date of the decision being appealed. 3116.2 APPEALS PROCEDURE. The City Council shall not consider any such appeal unless the matter has come to the attention of the Chief and he has rendered a decision in writing. Any appeal to the -9- 1810 City Council shall be made by the affected person or his agent in writing in the form and manner as prescribed by the City Clerk. 3116.3 APPEAL OF STATE FIRE MARSHAL'S RULES AND REGULATIONS. Appeals from the State Fire Marshal's rules and regulations as contained in Title 19 California Administrative Code and enforced by the Chief may be submitted as provided for in this part. 3116.3.1 SAME. When a request for an alternate means of protection has been denied by the Chief, or any person is adversely a+fected by the application of said State Fire Marshal's regulations and such person believes that the regulations are being applied incorrectly, said person may file a written appeal to the State Fire Marshal as provided for in Article 2 Section 2.01 through Section 2.05 of Title 19, California Administrative Code. 3116.4 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY 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 for which permits are required in addition to those now enumerated in said code. The chief of the bureau of fire prevention shall post a list of permitted uses in a conspicuous place in City Hall and the Fire Department and distribute copies thereof to interested persons. ARTICLE 111. CHAPTER 1. PART 2. PUBLIC SAFETY FIRE PREVENTION FIRE ZONES 3120. CREATION. There is hereby created in the City a Fire District consisting of all real property located in the City as the same is presently or hereafter may be constituted. -10- 1810 3121. BOUNDARIES. 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 as, changed to or placed in Zones C-O, C-l, C-2, C-M, CC or CPD-l 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 classified, reclassified as, changed to or placed in Zones 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. 3l21.4. FIRE ZONE NO.4. Fire Zone No.4 shall include all i real property in the City which the Council by resolution determines, upon the report and recommendation of the Chief, to be a hazardous fire area. ARTICLE Ill. CHAPTER 1. PART 3. DIVISION 1. PUBLIC SAFETY FIRE PREVENTION SPECIAL REGULATIONS FLAMMABLE AND EXPLOSIVE MATERIALS 3l31. STORAGE OF FLAMMABLE LIQUIDS. Storage of flammable liquids in outside aboveground tanks prohibited. The limits in which storage of flammable liquids in outside aboveground tanks is prohibited are hereby established as the boundaries of the City as the sam~ now exist or as the same may at any time hereafter exist. -11- 1810 3l3l.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 as the same now exist or as the same may at any time hereafter exist. 3131.2. BULK STORAGE OF LIQUEFIED PETROLEUM GAS RESTRICTED. THe limits in which bulk storage of liquefied petroleum gas is restricted are hereby established as the boundaries of the City as the same now exist or as the same may at anytime hereafter exist. 3l3l.2.1. SAME. All real property in Fire Zone Number 1 which has been or may hereafter be classified as, changed to or placed in , Zohes C-O, C-l, C-2, C-M, CC or CPD-l shall be limited to the storage of a maximum of the equivalent to 499 gallons of water capacity. 3131.2.2. SAME. All real property in Fire Zone Number 2 which has been or may hereafter be classified as, changed to or placed in Zones M-l or M-2 shall be limited to the storage of a maximum of the equivalent to 2,000 gallons of water capacity. 3131.2.3. SAME. All real property in Fire Zone Number 3 and Fire Zone Number 4 which has been or may hereafter be classified as, changed to or placed in Zones R-M, R-O, R-l, R-2 or R-3 shall be limited to the storage of a maximum of the equivalent to 10 gallons of water capacity outdoors and 5 gallons of water capacity in either free st~nding or attached accessory structures. 3131.3. STORAGE OF EXPLOSIVES AND AMMUNITION PROHIBITED. Except as provided for in the Fire Code the limits in which the storage of explosives and ammunition are prohibited are hereby established as the boundaries of the City of Arcadia as the same now I exist or as the same may at any time hereafter exist. , -12- 1810 3131. 4. SAME. EXCEPTION. The City Council may, upon written application, and after receipt of the report and recommendation of the Chief, after finding upon the evidence received that the public health, safety and welfare will not be jeopardized, alter the limits frxed by any of the preceding four Sections. 3131. 5. SALE OF FLAMMABLE LIQUIDS RESTRICTED. No person shall sell or offer for sale any Class 1 flammable liquid as defined in the Uniform Fire Code adopted by this Chapter for the express purpose of I producing a fire bomb as defined by Section 653 (1) of the California Penal Code. ARTICLE III. CHAPTER 1. PART 3. DIVISION 2. PUBLIC SAFETY FIRE PREVENTION SPECIAL REGULATIONS HAZARDOUS MATERIALS ABATEMENT 3132. DEPOSITS OF HAZARDOUS MATERIAL. Clean up or Abatement; Liability for cost. 3132.1. SAME. The Fire Department is hereby authorized to abate or cause to be cleaned up the effects of any hazardous material deposited upon or into property or facilities of the city; and any such person or persons who intentionally, negligently or otherwise caused such deposit shall be liable for the payment of all such cost incurred by the Fire Department as a result of such cleanup or abatement activity. The remedy provided by this part shall be in addition to any other remedies provided by law. 3132.2. SAME. For the purposes of this part "Hazardous Materials" shall be defined as any substance or materials in a quantity or form which, in the determination of the Fire Chief or his authorized representative, poses an unreasonable and imminent risk to the life, health or safety of persons or property or to the ecological -13- 1810 balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, unstable or toxic materials, petroleum or petroleum products or gases, poisons, e'tiologic (biologic) agents, pesticides, flammables and corrosives. 3132.3. SAME. For purposes of this part, cost incurred by the Fire Department shall include, but shall not necessarily be limited to the following: Actual labor costs of City personnel, including workers compensation benefits, fringe benefits, administrative . overhead, cost of equipment operations, cost of materials obtained directly by the City and cost of any contract labor, equipment and materials as necessary to clean up and abate the hazard. 3l32.4. SAME. The authority to recover costs under this part shall not include actual fire suppression services which are normally or usually provided by the Fire Department. I ARTICLE 111. CHAPTER l. PART 3. DIVISION 3. PUBLIC SAFETY FIRE PREVENTION SPECIAL REGULATIONS REFUSE AND WASTE MATERIALS 3133. STORAGE AREAS. Every Group R-l occupancy 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 Section, "Refuse and Waste Accumulation Area" shall mean that area where such materials are stored while awaiting removal or disposal, and shall not mean any receptacle or containers which may be distributed throughout the premises for the purpose of collecting refuse and waste from particular operations or locations. Such storage area shall be created more than ten feet, measured horizontally, from any opening -14- 1810 into a structure which is not protected with an approved fire assembly o~ not less than 3/4 hour fire resistive rating. 3133.1. STORAGE. Every property owner, occupant or tenant of a Group R-l occupancy shall cause combustible refuse and waste materials to be stored within an approved refuse and waste accumulation area by p~acing such materials in approved noncombustible containers in such area. 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, and all refuse and waste containers, shall be a type approved by the Chief, and shall incorporate features which provide a complete confinement of refuse I and waste. 3133.2. DUMPING ON VACANT LOTS. No person shall deposit any grass, weeds, brush, debris, trash, dirt or other waste material upon any vacant lot or parcel of ground within the City, except with the written consent of the owner thereof. 3133.3. VACANT LOTS MAINTAINED. All vacant lots or parcels of grbund within the city shall be maintained by the property owner in accordance with the minimum standards of clearance as contained I herein. All such property not so maintained by the owner as required . . in these standards shall be declared a public nuisance and abated by the city in accordance with title 4 of the Government Code, Sections 39560 through 39588. 3133.4. STANDARDS OF CLEARANCE. (a) Vacant lots or parcels shall be maintained in a fire safe condition in accordance with the fire code. (b) Vacant lots or parcels shall be cleaned to mineral earth or otner acceptable ground cover as determined by the Fire Chief, from the -15- 1810 curb line and/or adjacent property line inward a minimum of five (5) feet to provide a clear buffer and prevent grass, weeds, dirt, etc. from growing over the curbs, sidewalks or on to adjacent property. Herbicides may be used within the five (5) foot area where permitted to maintain the buffer. (c) Vacant lots or parcels shall be disced or cleared to a degree sufficient to insure that all weeds, grass or other v~getation is turned under or removed thereby minimizing regrowth. (d) Vacant lots or parcels shall be cleared of all accumulation of debris, such as trash, garbage, lumber, furniture, trimmings, piles of dirt, or any other material that would inhibit p~oper discing. (e) Areas of vacant lots or parcels that cannot be disced, such as parkways, or lots with existing paving may be mowed or hand cut. Herbicides may be used where permitted. (f) The standards of clearance as contained in this section may be modified by the Chief if determined to be impractical due to specific conditions such as physical barriers, terrain, grade, ac?ess, etcetera, provided that the spirit of the code shall be complied with, public safety secured and substantial justice done. ARTICLE III. CHAPTER 1. PART 3. DIVISION 4. PUBLIC SAFETY FIRE PREVENTION SPECIAL REGULATIONS HAZARDOUS FIRE AREAS 3l34. 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 fro~ which a spark or fire may originate, unless such equipment is -16- 1810 provided 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 Standards, current edition, for spark arresters fqr Internal Combustion Engines. For the purpose 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. 3134.1. ENFORCEMENT. The Chief and his deputies are hereby authorized to enforce the provisions of this Division, in addition to a~l portions of Appendix ll-A of the Fire Code. Said Deputies shall consist of the following persons: l. 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 as may be recommended by the Chief and approved by the City Council. ARTICLE III. CHAPTER 1. PART 4. PUBLIC SAFETY FIRE PREVENTION MISCELLANEOUS PROVISIONS 3140. 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 member of , said Fire Department, and such badge has been issued or authorized in writing by the Chief. The provisions of this Section shall not apply to:any member of said Fire Department who has been honorably retired, 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 -17- 1810 p~ainly indicate the fact that such former member is no longer in the active service of the Fire Department. 3140.1. HELIPORTS, HELISTOPS AND HELICOPTER CRANE OPERATIONS. No person shall establish or maintain any heliport or helistop, except as permitted by the Fire Code as adopted by this section, nor shall any person or persons make any helicopter landings or takeoffs on an occasional basis, nor engage in any helicopter crane operation without fi'rst complying 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 3636 or 3636.1. of this Code, the City Councilor City Manager shall obtain a written recommendation from the Chief who may, in preparing such report, require the applicant to provide information in such detail as he may specify. The Chief is hereby empowered to adopt and enforce reasonable rules an~ 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 provision of Section 3627 of this Code. SECTION 4. The following Sections are hereby added to the Arcadia Municipal Code to read as follows: ARTICLE III PUBLIC SAFETY CHAPTER 1 FIRE PREVENTION PART 5 ACCESSWAYS 3150. ACCESSWAYS FOR FIRE VEHICLES. 3150.1. SAME. Each parcel or lot used for apartment's, condominiums, hotels, a hospital, or institutional, commercial, industrial or recreational purposes shall provide and maintain thereon , an approved vehicular accessway for emergency fire vehicles. Such -18- 1810 accessway shall be unobstructed and not less than twenty (20) feet in width. Variance from the requirements of this part, may be approved by the Chief only upon a determination that safety and access has been provided which is substantially similar to that available were the required accessways provided. 3150.2. POSTING REQUIREMENTS. Accessways for emergency fire vehicles shall be posted as follows: 3150.2.1. SAME. A metal sign, sixteen inches by sixteen inches in size, red letters on white background, shall be mounted atop a six-foot metal post. One at each island or every fifty (50) linear f~et on both sides of the accessway. Mount at right angle so that the sign can be read from both directions (print on both sides). "FIRE ACCESSWAY NO PARKING SEC. 3150 ARCADIA MUNICIPAL CODE" 3150.2.2 SAME. At least one of the curb faces flanking the accessway shall be painted red with the words "Fire Accessway" printed thereon in three-inch, white letters. , 3150.2.3. SAME. Where there is no curbing adjacent to the accessway, the accessway surface shall bear the words "No Parking-Fire Accessway" in chrome-yellow paint printed in letters twelve inches hi?h with a 2" stroke. The above said lettering shall be appropriately spaced to cover the "No Parking" areas. 3150.2.4. SAME. The owner, operator, occupant or other person ha~ing charge or control of any parcel or lot required to provide a fit~ accessway shall install and maintain all required signs and -19- 1810 markings. The defacement, tampering or removal of any fire accessway signs and marking is prohibited. EXCEPTION: Fire accessway signs and markings may be temporarily removed for routine maintenance or repair. 3150.2.5. SAME. Deviations from these posting requirements may be permitted by the Chief only upon a showing that: (a) special circumstances make compliance impractical, and (b) an alternative method of posting will provide substantially similar notice to the public. 3150.2.6. SAME. The posting requirements set forth above shall apply to fire accessways established prior to the adoption of this I Section as well as those established subsequent thereto. 3150.3: MAINTENANCE. The owner, operator, occupant or other person having charge or control of any parcel or lot required to provide a fire accessway shall make every reasonable effort to maintain an unobstructed fire accessway. 3150.4. OBSTRUCTION. Parking or the maintenance of any obstruction within any portion of a posted fire accessway is prohibited. Any vehicle parked within a fire accessway in violation of this Section shall be subject to an arrest citation and shall be subject to being towed away and impounded. 3150.5. SAME. The registered owner of any vehicle parked in violation of this Section shall be responsible for all expenses incurred in connection with the towing and impounding of such v~hicle. 3150.6. PENALTY. Any violation of the provisions of this Section shall be a misdemeanor and shall be punishable by a fine of no~ less than fifty (50) dollars. -20- 1810 ARTICLE III CHAPTER 1 PART 6 PUBLIC SAFETY FIRE PREVENTION ENFORCEMENT AND ARREST CITATIONS 3160. ENFORCEMENT. The Chief and his authorized representative shall have the powers of a Police Officer in performing their duties and shall be authorized to issue arrest citations as may be necessary for the enforcement of any city or state code applicable to fire and life safety. 3160.1. ARREST CITATIONS. The City Fire Chief and those authorized by him, may pursuant to Penal Code Section 853.5 and subject to the provisions hereof, arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the officer's or employee's presence and to issue a notice to appear and i to release such person on his or her written promise to appear in court, pursuant to Penal Code Section 853.6. The authority to act as set forth herein shall apply to those fire department members whose primary duty is fire prevention and fire suppression. SECTION 4. The City Clerk shall certify to the adoption of this , Ordinance and shall cause the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. Passed, approved and adopted this 2n day of , 1985. of Arcadla ATTEST Clty Clerk -21- 1810 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, CHRISTINE VAN MAANEN, City Clerk of the City of Arcadia, hereby certify that the foregoing Ordinance No. 1810 was passed and adopted by the City Council of the City of Arcadia, signed by the I M~yor and attested to by the City Clerk at a regular meeting of said Council held on the 2nd day of April , 1985, and that said Ordinance was adopted by the following vote, to wit: AYES: Councilman Gilb, Lojeski, Pellegrino, Young and Hannah NOES: None AB'SENT: None 627i/ i C~ty Clerk of the City of Arcadia ',\ -22- 1810