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O 472 C.S. ORDINANCE NO. 472 c.s. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE ADOPTING BY REFERENCE TilE 1994 EDITION OF TIlE UNIFORM FIRE CODE WITH ADDITIONS, DELETIONS AND AMENDMENTS. The City Council of the City of Arroyo Grande does ordain as follows: I SECTION 1: Title 4, Chapter 2 Section 4-2.01 of the Arroyo Grande Municipal Code is hereby repealed and a new section, 4-2 is added as follows: Section 4-2:01. Adoption of the Uniform Fire Code. There is hereby adopted by the City of Arroyo Grande for the purpose of prescribing reg~lations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain code known as the UnifonnFire Code, including Appendix Chapters, I-A, I-C, II-A, II-B, II-F, II-G, II-H, II-I, III-A, III-B, III-C, III-D, IV-A, IV-B, V-A, VI-A, VI-B, VI-E, VI-F, V-G and the Appendix Standards found in Article 90. Published by the International Fire Code Institute, being particularly the 1994 Edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 4-2.02 of this Ordinance copies of which have been. and now are on file in the office of the City Clerk of the City of Arroyo Grande and the same are hereby adopted. and incorporated as fully as if set out in full herein, and from the date on which this Ordinance shall take effect, the provision thereof shall be controlling within the City of Arroyo Grande. Section 4-2.02. Fireworks and pyrotechnic Special Effects Material Uniform Fire Code Article 78 is amended to add the following Section 7804 Fireworks Class C ("'Safe and Sane"). Section 7804.1 Storae:e use. retail sales and handline: of fireworks shall be in accordance with Title 19 of the California Code of Ree:ulations and this section. . Section 7804.2 Sale. No person shall sell or offer for sale any fireworks within the City except, in a temporary stand or structure used specifically for the display and sale of fireworks operated and maintained by a recognized charitable, civic or patriotic grQup or organization with the permit of the Director of Building ~nd Fire. 1 :dinance 472 C.S. Section 7804.3. Permits: AI>Plication. All applicants for a permit to sell fireworks shall: 1. Submit a written application to sell fireworks on a form proviaed by the City. 2. Application for permit shall be filed with the Department of Building and Fire between April 1 st and May 15th of the yea~ for which the. permit is requested and shaH state the name of the applicant, the name of the organization, its address, the location of the proposed stand, the names of the persons who will actually staff the stand on behalf of the applicant and a complete account of the proposed disposition of all gross receipts of fireworks to be sold at the proposed stand. Fail4re of such account to show that at least fifty percent of net profits ITom the sale of fireworks will be expended for the benefit of the City or its residents shall cause such application to.be denied. An applicant seeking renewal of a permit must have filed a ''Fireworks Stand Financial Statement" form provided by the City. This form must be filed on or before October 31 st of the year preceding the year of the proposed renewal. An applicant seeking renewal of a permit must also certifY that at least fifty percent of the prior year's net profits ITom the sale of fireworks were expended for the benefit of the City or its residents. Failure to so certifY shall cause such renewal application to be denied. 3. No organization may receive more than one pennit for fireworks sale during anyone calendar year. One permit may be issued to two or more qualifYing applicants as a joint venture. 4'- The maximum number of permits shall be based on one (1) permit per each 3,000 residents of the City or ITaction thereof, based on the official City census. Should the number of applications exceed the number of available permits, a drawing shall be conducted by the City Clerk and the available permits issued to those organ~zations drawn. 5. Each applicant organization must have its principal meeting place within the corporate limits of the City of Arroyo Grande and must have been established within the City for a minimum of two years c.ontinuously preceding the filing of the application for permit and must have a bona fide membership of at least fifteen (15) members. 6. Insurance: The City Council shall, by resolution, establish appropriate insurance requirements and conditions related to the sale of fireworks. 7. Each applicant organization must include a "Letter of Permission" signed by the property owner or their authorized agent permitting the organization to erect a fireworks stand on the owner's property. 2 Ordinance 472 C.S. 8. No permit shall be issued unless the applicant organization represents to the City Coundl that aU aspects of the sale of fireworks, including the application for all necessary permits, will be conducted by a member of the applicant organization. AU initial permits and application fees shall be paid by the applicant organization. Such fees shall not be paid by any other affiliated organization, including a seller, distributor, or vendor of fireworks. Applicant will neither hire nor use independent contractors or other persons who are not members of the organization, in connection with any aspect of the sale of fireworks. 'Only members of the applicant organization shall staff the fireworks stand, except spouses, parents and children or members who are eighteen years of age or older, may also staff stich stand, subject to the provisions of this paragraph. AU members of the organization must have a valid identification, which verifies that such person is a valid member of the organization, on their person or insid~ the fireworks stand. During the time that they are working in that stand, or be able to show through organizatio~l membership records available in the stand that they are valid members of the organization. If two or more organizations apply for and receive a joint. permit, the fireworks stand shall be staffed by a pro rata share of members or authorized family members from each organization based on the number of members in the respective organizations. 9. Permit Fees and Conditions. .- The City Council shan, by resolution, establish appropriate fees and conditions related to the sale of fireworks. Section 7804.4. Meetine:. There shall be a meeting the first Monday of June at 7:30 p.m. of every year. This meeting is mandatory for the representatives of the permitee organizations. Safety practices, legal issues and explanation of the laws, rules and regulations will be discussed. At this meeting, the applications, certificates of insurance and letters of permission will be submitted .and the permits issued. Wholesale distributors, or their bona fide agents, shall also be present at this meeting. Section 7804.5. Fireworks Stands: Construction and Placement. Retail sales of fireworks shalt be made only from temporary fireworks stands. Sale of fireworks from any other building or structure is prohibited. Temporary stands will be subject to the following provisions: 1. No fireworks stands shall be located within 50 feet of any other building, within 100 feet of a gasoline or other type of flammable fuel pump or storage area, within 500 feet of another fireworks stand or less than 1/8 of a mile from .the city's boundary with another jurisdiction. 2. All fireworks stands shall be erected or const~cted on commercial or jndustrial zoned property. No fireworks stands will be constructed or erected on residential property. 3 Ordinance 472 C.S. 3. Fireworks stands need not comply with the Building Code of the City. Stands requiring electrical service shall be required to obtain an electrical permit from the Building and Life Safety Division. Portable generators shall not be permitted. Stands shall be constructed , or erected in a manner that will reasonably insure the safety of attendants and patrons. The stands shall be subject to inspection by representatives of the Department of Building and Fire at any time. 4. Each stand shall have a minimum of two marked exits or as otherwise directed by the Director of Building and Fire. .I 5. Each stand shall have a minimum of 2 fire extinguishers of a type designated by the Director of Building and Fire. Section 7804.6. Sales. Fireworks stands shall conaplv with the followin2 requirements related to sales: 1. Fireworks shall not be sold prior to 9:00 a.m. on the first day of July and such sales shall cease at 9:00 p.m. on July 4th. Sales during this time period will be limited to 9:00 a.m. to 9:00 p.m. each day. 2. Sales to individuals under the age of 18 is prohibited. The permitee shall require that each person who purchases fireworks produce identificatIon proving that such person is 18 years of age or older. 3. Each person who purchases fireworks must be provided with handouts that contain information related to where "Safe and Sane Fireworks" can legally be discharged and the associated hazards. The contents of this document will be reviewed and approved by the Director of Building and Fire. Section 7804.7. Fireworks Stands. General Requirements. . 1. Each stand shall provide temporary sanitary facilities or obtain permission to use either private or public fJlcilities during the hours of operation. Proof of sanitation facilities shall be documented in written torm. 2. All weeds, trash, and debris shall be cleared for a distance of at least twenty-five (25) feet surrounding the fireworks stand. 3. Doors of the stand shall not be locked on the outside of the door while anyone is inside the stand. The door may be latched in such a manner that will not cause any undue delay to anyone exiting in an emergency. 4 Ordinance 472 C.S. 4. An aisle or passageway in the fireworks stand will be kept clear and unobstructed so as not to impede anyone leaving the stand in an emergency. 5. The use of electrical or fuel operated heaters in the fireworks stand is prohibited. 6. The temporary fireworks stand will be dismantled and removed from its location not later than the Sunday of the weekend follpwing the 5th of July of each year. It shall be the responsibility of the perrnitee to remove the stand. If the removal of the stand is not accomplished. by this deadline, the City of Arroyo Grande may remove and store it at permitees' cost and expense until it is redeemed by the payment of appropriate fees and interest thereon. In addition, th~ permitee failing to meet this deadline will be ineligible for a permit -the following year. 7. Each stand shall have adequate temporary parking acceptable to the Director of the Department of Building and Fire. Section 7804.8. Deliverv. The wholesale distributors wiIJ make all deliveries and end of sale season pick ups. Excess storage of fireworks will not be permitted. 1. All fireworks shall be removed from sales stand by 9:00 a.m. July 5th. Section 7804.9. Public Dischar2e. Discharge of ceSafe and Sane Fireworks" shall be in legally permitted locations on the 4th of July from 6:00 p.m. until 10:00 p.m. Section 7804.10. Violations. Persons violating any provision of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in the county jail for a period not to exceed six (6) months, or by both such fine and imprisonment. Any violation of these provisions shall constitute a separate offense for each and every day during which such violation is committed or continued. SECTION 2: If any section, subsection or clause of this Ordinance is held to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance regardless of the fact that one or more sections, subsections, sentences, clauses or phrases may be determined to be unconstitutional or invalid. 5 rdinance 472 C.S. SECTION 3: That all ordinances, codes, sections of ordinances and codes, and resolutions that are inconsistent with the provisions of this Ordinance are hereby repealed. SECTION 4: This Ordinance shall become effective thirty (30) days after its adoption. SECTION 5: With fifteen (15) days after passage of this Ordinance, it shall be published once, together with the names of the Council Members voting thereon, in a newspaper of general circulation within the City. On motion of Council Member Fuller . seconded by Council Member Brandy . and on the following roll call vote, to wit: AYES: Council Member Fuller, Brandy, Souza, And Mayor Dougall NOES: None ABSENT: Council Member Lady the foregoing Ordinance was passed and adopted this 9t~ay of April , 1996. ATTEST: ~t1.~ NANCY DA S, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: BY: BY: ~krL.-f(~ ROBERT L. HUNT CITY MANAGER 6 Ordinance 472 C.S. OFFICIAL CERTIFICATION Ii NANCY'A. DAVIS, City Clerk of the city of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 472 C.S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of the city Council 'of the 9ity of Arroyo Grande on the 9th day of April, 1996. WITNESS my hand and the Seal of the city of Arroyo Grande affixed this 15tl:t day of April, 1996. a.~ NAnCY A. AVIS, CITY CLERK CITY OF ARROYO GRANDE 7