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O 230 C.S. 332 , . .. ~ . .. ORDINANCE NO. 230 C.S. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 2 OF TITLE 4 OF THE ARROYO GRANDE MUNICIPAL CODE BY ADOPTING BY REFERENCE THE UNIFORM FIRE CODE, 1979 EDITION, WITH APPENDICES A, B, C, D, E, G, H, I, AND J, INCLUDING AMENDMENTS THERETO CONCERNING OBSTRUCTION OF FIRE PROTECTION EQUIPMENT, HOURS OF BURNING, PERMITS FOR MANUFACTURING, SALES AND DISCHARGE OF FIREWORKS, AND REMOVAL OF SALES STAND AFTER LAST DAY OF SALE; REPEAL OF ALL CONFLICTING ORDINANCES The City Council of the City of Arroyo Grande does ordain as follows: SECT! ON I: Chapter 2 of Title 4 of the Arroyo Grande Municipal I Code shall be amended to read as follows: Sect ion 4-2.01. Adoption of the Uniform Fire Code. There is hereby adopted by the City of Arroyo Gr~ndp. for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, ~certain Code known as the Uniform Fire Code, recommended by the Western Fire Chiefs Association and the International Conference of Building Officials being particularly the 1979 Edition thereof and the whole thereof, 's'ave and except such portions as are hereinafter deleted, modified or amended by Section 7 of this Ordinance of which Code, not less than three (3) copies have been and are now fi led in the office of the Clerk of the City of Arroyo Grande and the same are hereby adopted and incorporated as fully as if set out at length herein; and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the city of the tity' of Arroyo Grande. Section 4-2.02. Establishment and Duties of Bureau of Fire Prevention. (p) The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Arroyo Grande'which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (b) The Chief or Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the Arroyo Grande City Council on the basis of examination to determine his qualifications. (c) The Chief of the Fi re Department may deta,i 1 such members of the Fire Department as inspectors as shall from t.ime to time, pe ne,cessary. The Chief of the Fire Department shall recommend to the City ,Adm in i s t rator the emp I oyment of technical inspectors, who, when such authorization ,is made; s,hallbe selected through an examin~tion to determine their fitness for the position. ,The examination shall be open to members and non-members of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. Section 4-2.03. Definitions. (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of Arroyo Grande. p (b) Wherever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be held to mean the Attorney for the City of Arroyo Grande. Section 4-2.04. Establishment of Limits of Districts in Which Bulk Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited. (a) The limits referred to in Section 79.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as follows: All areas within the City of Arroyo Grande. (b) The limits referred to in Section 79-601 of the Uniform Fire Code, in which new bulk plants for fla,nmable or combustible liquids are prohibited, are hereby established as follows: All areas within the City of Arroyo Grande except zoning district "PM", and in the "H-S" district under a conditional use permi t. "~-'~"-- ,~ ;););) . . .' . . Section 4-2.05. Establishment of Limits of Districts in Which Storage of Flammable or Combustible Liquids in Under round Tanks is to be Prohibited. a The location referred to in Section 79.211 of the Uniform Fire Code in which storage of flammable or combustible liquids in underground tanks is prohibited, are hereby established as follows: All areas within the City of Arroyo Grande except zoning districts IIW', "PM", "HS", "AP" , II A" , IIRAII, and "RSII. Section 4-2.D6. Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in Section 82.I05(a) of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: All areas within the City of Arroyo Grande except zoning districts "PM" and "HS". ( , Section 4-2.07. Establishment of Limits of Districts in Which Storage of Explosives and Blasting Agents is to be Prohibited. l The limits referred to in Section 77.106(b) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: All areas within the City of Arroyo Grande except zoning district "PM". Section 4-2.08. Amendments Made in the Uniform fire Code. The Uniform Fire Code is amended and changed in the following respects: Section IO.206(a) is hereby added as fO,llows: Obstruction of Fire Protection Equipment. Fire hydrants or other fire protective related systems shall have no parking zones identified by a red painted curb, berm, stripe, or other readily legible identifiable marking, 15 feet long. Section 11.112(a) is hereby amended to read as follows: Hours of Burning. Burning confined to incinerators is HEREBY DELETED. EXCEPTION: Any burning of combustible waste matter may be done in the open if: (1) A permit to engage in such burning is obtained from the Fire Chief. (2) Such burning is done at a distance of 25 feet or the clearances and conditions required by the Fire Chief. (3) A garden hose and ,water supply or other fire extinguishing equipment is on hand and a competent person is in constant attendance until all fire has been extinguished. Applicants for such permit must be in legal control of the lot or parcel of 1 and on wh i ch ,the burn i ng is to be done. (4) All burning shall meet the provisions of the San Luis Obispo County Air Pollution Control District regulations. (5) All burning related to agricultural operations is permitted if such burning is in compliance with all state laws and regulations. This burning may be conducted at times as approved by the Fire Chief. Section 78.102(b) is hereby amended to read as follows: Permits for Manufacturing, Sales and Discharge (Fireworks). The City Council, or its designated representative may allow, in its discretion, for the sale, use and storage of safe and sane fireworks by non-profit charitable organizations within the City limits of the City of Arroyo Grande, and for the use of such safe and sane fireworks by the purchasers. Section 78.107 is hereby added as follows: Remova'J of Sales Stand After last Date of Sale. Sales stand and any other temporary structures used for the sale of fireworks shall be removed from the premises within 72 hours after the last date of sale. , i ~ "". -'-~:'_:~~ ,.~.__ ~._. -._-- .~.'--' ">-"--,-~~',"'-" ,--.----~-...~-,,-.--.~-~-,.---"~--,'-. .-~----.-------,- . -~-.->-.- ~~ .~'-~~~~~k"J!a"-r ~_'!YU'.~,i 334 . '~ .J..... . , . . Section 4-2.09. Appeals. Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the City Council within thirty (30) days from the date of the decision appealed.. Section 4-2.10. New Materials, Processes or Occupancies Which May Require Permits. The City Administrator, the Chief and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said Code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested I pe rsons. Section 4-2.11. Repeal of Conflicting Ordinances. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code hereby adopted are hereby repealed. Sect ion 4-2.12. Validity. The City Council hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the Code hereby adopted be declared for any reasons to be invalid, it is the intent of the City Council that it would have passed all other portions of this ordinance independent of the el imination herefrom of any such portion as may be declared invalid. SECTION 2: This Ordinance shall be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Council Members voting thereon, in the Five Cities Times Press Recorder. On motion of Council Member Vandeveer, seconded by Council Member Smith, and on the following rol I call vote, to wit: AYES: Council Members Smith, Hogan, Millis, Vanpeveer, and Mayor Pope NOES: None ABSENT: None the foregoing Ordinance was passed and adopted this 26th d ATTEST: ~~~ J, Cindy Christian, Deputy Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. 230 C. S. is a true, full and correct copy of said Ordinance passed and adopted at a regular meeting of said Council held on the 26th day of August, ~. 1980. I further certify that said Ordinance was duly published in accordance with the law and order of said City Council in the Five Cities Times Press Recorder, a newspaper printed and published in said City, in the entire ed i t i on of September 3. 1980. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 10th day of September, 1980. i , i (SEAL) I I: I .. ....~ ..