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HomeMy WebLinkAboutOrdinance 1366 (Uniform Fire Code Enforcement)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1366 entitled: AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 1.30 TO THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL ENTITLED "ISSUANCE OF CITATIONS BY DESIGNATED OFFICERS AND EMPLOYEES" (UNIFORM FIRE CODE ENFORCEMENT) is. a true and correct copy of an ordinance of said City and was introduced at a regular meeting of the City Council of the City of San Rafael, held on the 24th day of March , 1980, published as required by City Charter in the Independent -Journal a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a regular meeting of the City Council of said City held on the 21st day of April , 1980, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 22nd day of April 1 1.980. JEA M. LEONCINI, ,it�Clerz ORDINANCE NO. 1366 AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 1.30 TO THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL ENTITLED "ISSUANCE OF CITATIONS BY DESIGNATED OFFICERS AND EMPLOYEES" (UNIFORM FIRE CODE ENFORCEMENT) THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 1 of the San Rafael Municipal Code is hereby amended by the addition thereto of a new Chapter to read in its entirety as follows: CHAPTER 1.30. ISSUANCE OF CITATIONS BY DESIGNATED OFFICERS AND EMPLOYEES FOR VIOLATIONS OF THE UNIFORM FIRE CODE. 1.30. Issuance of Citations by Designated Officers and Employees. Officers and employees of the City who have the discretionary duty to enforce a statute or Ordinance may, pursuant to Section 836.5 of the Penal Code 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 which he or she has the discretionary duty to enforce, and to issue a "Notice to Appear" and to release such person on his or her written promise to appear in court, pursuant to Section 853.6 of the Penal Code. No officer or employee shall be allowed by his or her superior to exercise the arrest and citation authority herein conferred, unless such officer or employee is within a classification of City officers and employees designated by Resolution of the City Council to exercise such arrest and citation authority as to specified Misdemeanor violations. The City Manager or his designee shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper prosecution for violations thereof, the appropriate procedures for making arrests or otherwise prudently exercising such arrest and citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices with the City Attorney's office for filing with the court, after review for legal sufficiency. The bail schedule for violations of the Uniform Fire Code are attached hereto and incorporated herein as Exhibit "A." ORDINANCE NO. 1366 DIVISION 2. If any provision of this Ordinance or its applica- tion is held invalid by a court of competent jurisdiction, such invalid- ity shall not affect other provisions, sections, or applications of the Ordinance which can be given effect without the invalid provisions or applications, and to this end any phrase, section, sentence, or word is declared to be severable. DIVISION 3. This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, printed, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. LAWRBAum E. MULR AN, Mayor Attest: E. L &NI Cit perk Y The foregoing Ordinance No. 1366 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 24th day of March, 1980, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None and will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on the 21st day of April, 1980. (J M. LEONCIN , City Clerk - 2 - 27.2 A/17 MUNICIPAL COURT OF CALIFORNIA COUNTY OF MARIN CENTRAL JUDICIAL DISTRICT BAIL SCHEDULE FOR VIOLATIONS OF THE UNIFORM FIRE CODE SECTION OFFENSE BAIL PLUS P.A.= * Penalty Assessment ** Misdemeanor *** Infraction - 1 - EXHIBIT "A" Article 2 **(M) 2.201 (b) Unsafe Buildings $100.00 Article 3 (M) 3.101 Unlawful Continuance of Fire Hazard 250.00 (M) 3.102 Compliance 500.00 k**( 1) 3.104 Destruction of Signs 100.00 Article 10 (M) 10.102 Interference with Fire Department 100.00 (I) 10.201 Tampering with Fire Equipment 100.00 (I) 10.202 Tampering with Fire Hydrant or Fire Equipment 100.00 (I) 10.203 Hydrant Use Approval 50.00 (I) 10.204 Tampering with Barriers, etc. 100.00 (I) 10.205 Closure of Fire Roads; Parking Thereon 50.00 (I) 10.206 Obstructing Fire Protection Equipment 50.00 (I) 10.208 Premises Identification 50.00 (I) 10.301 Installation 75.00 (I) 10.302 Maintenance 75.00 (I) 10.304 Sale of Defective Fire Extinguishers 100.00 (I) 10.305 Fire Extinguishers in Parking Areas 50.00 (I) 10.306 Fire Extinguishers in Auto and Trailer Camps 50.00 (I) 10.307 Fire Alarm Systems 100.00 (I) 10.311 Buildings Under Construction 100.00 Article 11 (I) 11.101 Bonfires 50.00 (I) 11.102 Kindling of Fire on Land of Others Restricted 50.00 (I) 11.103 Discarding Burning Objects Prohibited 50.00 (I) 11.104 Hot Ashes and Other Dangerous Materials 50.00 (I) 11.111 Chimney Spark Arresters 50.00 (I) 11.113 Burning on Public Property 50.00 (I) 11.116 Fire Hazard Prohibited 50.00 (I) 11.201 Accumulation of Waste Material 75.00 (I) 11.202 Handling Readily Combustible Materials 50.00 (I) 11.203 Storage of Readily Combustible Materials 50.00 (I) 11.204 Flammable Decorative Materials 50.00 (I) 11.205 Use of Open Flame or Light Restricted 50.00 (I) 11.301 Reporting of Fires 50.00 (M) 11.302 False Alarms 100.00 (I) 11.401 Toy Balloons 50.00 * Penalty Assessment ** Misdemeanor *** Infraction - 1 - EXHIBIT "A" SECTION OFFENSE BAIL PLUS P.A. (I) 11.404 Electrical Wiring $ 50.00 (I) 11.406 Heating Appliances 50.00 (I) 11.407 Chimneys and Heating Appliances to be Maintained in Safe Condition 50.00 (I) 11.408 Trapdoors to be Closed 50.00 (I) 11.413 Vacating Premises 50.00 (I) 11.414 Vacant Buildings 50.00 Article 12 (M) 12.103 Exit Obstruction 100.00 (M) 12.104 Doors 100.00 (I) 12.113 Signs and Illuminations 100.00 Article 13 (I) 13.104 Removal of Signs Prohibited 50.00 (I) 13.105 Compliance with "NO SMOKING" Signs 50.00 Article 25 (I) 25.103 Decorative Material 50.00 (I) 25.105 Motion Picture Screens 50.00 (I) 25.106 Exit Doors 100.00 (I) 25.107 Aisles 75.00 (I) 25.108 Use of Exit Ways 100.00 (I) 25.110 Fire Appliances 50.00 (I) 25.112 Marking and Lighting of Exits 75.00 (I) 25.113 (c) Overcrowding 100.00 (I) 25.114 Open Flame 50.00 (I) 25.116 Use of Candles and Open Flames, Permit Required, Use of Portable Torches Using Liquid Fuel 50.00 (I) 25.117 Detailed Requirements for Use of Candles 50.00 Article 28 (I) 28.103 Loose Storage 50.00 (I) 28.106 Dust Collecting System 50.00 Article 29 (I) 29.108 Cleaning with Flammable Liquids 75.00 (I) 29.104 Handling of Gasoline and Oils 75.00 Article 30 (I) 30.102 Open Yard Storage 50.00 (I) 30.103 Operational Fire Hazards in Lumber Yards 50.00 (I) 30.105 Woodworking Plants 50.00 Article 32 (I) 32.104 Location of Tents and Air Supported Structures $ 50.00 (I) 32.105 Structural Stability 50.00 (I) 32.106 Flame Retardant Treatment 100.00 - 2 - SECTION OFFENSE BAIL PLUS P.A. Article 32 (I) 32.108 Smoking and Open Flame $50.00 (I) 32.109 Fire Extinguishers and Other Fire Protection Equipment 50.00 (I) 32.112 Exits 50.00 (I) 32.113 Maintenance of Exit Ways 50.00 (I) 32.115 Exit Illumination 50.00 (I) 32.116 Occupant Load 50.00 (I) 32.118 Heating and Cooking Equipment 50.00 (I) 32.119 Storage of Flammable or Combustible Liquids 75.00 (I) 32.120 Housekeeping 50.00 Article 45 (I) 45.103 Smoking Prohibited 50.00 (I) 45.104 Welding Warning Signs 50.00 (I) 45.105 Electric Wiring and Equipment 50.00 (I) 45.202 Location of Spray Finishing Operations 100.00 (I) 45.203 Spray Booths 50.00 (I) 45.204 Dry Type Overspray Collectors (Exhaust Air Filters) 50.00 (I) 45.205 Electrical and Other Sources of Ignition 75.00 (I) 45.206 Ventilation of Spray Booths and Spray Finishing Areas 50.00 (I) 45.207 Storage and Handling of Flammable or Combustible Liquids 75.00 (I) 45.208 Fire Protection Equipment 50.00 (I) 45.209 Operations and Maintenance 50.00 (I) 45.301 Location of Dip Tank Operations 75.00 (I) 45.302 Ventilation of Vapor Areas 50.00 (I) 45.305 Electrical and Other Sources of Ignition 75.00 (I) 45.308 Dip Tank Covers 50.00 (I) 45.310 Coating Operations 50.00 (I) 45.403 Guards and Signs 50.00 (I) 45.405 Ventilation 50.00 (I) 45.602 Location and Construction of Powder Coating Rooms and Booths 75.00 (I) 45.603 Electrical and Other Sources of Ignition 75.00 (I) 45.604 Ventilation 50.00 (I) 45.608 Electrostatic Fluidized Beds 50.00 (I) 45.701 General 50.00 (I) 45.702 Use of Organic Peroxide Coatings 50.00 (I) 45.703 Storage 75.00 (I) 45.705 Mixing 100.00 (I) 45.706 Smoking 50.00 Article 47 (I) 47.104 Notification of Fumigation 50.00 (I) 47.108 Warning Signs 50.00 Article 48 (I) 48.108 Fire Extinguishing Materials 50.00 (I) 48.110 Handling of Magnesium Fines (Fine Magnesium Scrap) 50.00 - 3 - SECTION OFFENSE BAIL Article 49 (I) 49.104 Storage of Cylinders $ 50.00 (I) 49.107 General Safety Rules for Welding and Cutting 50.00 Article 50 (I) 50.104 Process Buildings 50.00 (I) 50.105 Storage of Raw Materials and Finished Products 50.00 (I) 50.107 Process Mills, Mixers and Kettles 50.00 (I) 50.109 Transfer of Flammable and Combustible Liquids in Process Areas 75.00 (I) 50.111 Electrical Equipment 50.00 (I) 50.112 Protection Against Static Electricity and Lightning 50.00 (I) 50.113 Fire Protection 50.00 (I) 50.114 Maintenance 50.00 Article 62 (I) 62.103 Location and Construction 50.00 (I) 62.104 Ventilation 50.00 (I) 62.105 Safety Controls 50.00 Article 63 (I) 63.103 Installation Requirements 50.00 (I) 63.104 Instructions 50.00 (I) 63.105 Emergency Signs 50.00 (I) 63.106 Ammonia Diffusion 50.00 Article 74 (I) 74.105 Cylinder Systems for Flammable Anesthetics and Nonflammable Medical Gases 50.00 (I) 74.107 Storage and Use of Cylinders 75.00 (I) 74.109 Pipe Distribution 50.00 Article 76 (I) 76.103 General Requirements 100.00 Article 77 (I) 77.104 Permits Required 100.00 (I) 77.201 Storage of Explosives 100.00 (I) 77.202 Gunpowder 100.00 (I) 77.301 Use and Handling of Explosives 100.00 (I) 77.302 Transportation of Explosives 100.00 (I) 77.304 Blasting Agents, General 100.00 (I) 77.305 Mixing Blasting Agents 100.00 Article 78 (I) 78.102 Manufacture, Sale and Discharge 100.00 == PLUS P. A. SECTION OFFENSE BAIL PLUS P.A. (I) 79.104 (I) 79.105 (I) 79.106 (I) 79.109 (I) 79.110 79.111 79.211 79.214 Article 79 Containers, Tanks, Equipment and Apparatus Warning Labels for Containers of Flammable Liquids Hazardous Heating, Lighting and Cooking Appliances Prohibited Dispensing Waste Petroleum Products and Flammable or Combustible Liquids Cleaning with Flammable Liquid Underground: Outside of or Under Buildings Tank Connection for Tanks Underground or in 79.406 79.407 79.408 79.410 79.411 79.501 79.502 79.503 79.505 79.506 79.702 79.702 79.703 79.705 79.708 79.709 79.802 79.803 79.804 79.805 79.806 79.1308 79.1309 79.1315 (I) 79.1317 (I) 79.1318 Dispensing of Inside Storage and Handling Rooms Outside Storage Outside Dispensing Empty Containers Fire Control Manner of Storage Use of Flammable or Combustible Liquids Dispensing Sources of Ignition Fire Control (a) Storage and Handling (b) General Provisions Dispensing Services Electrical Equipment Drainage and Waste Disposal Safety Rules Blending and Mixing Rooms Dispensing Sources of Ignition Housekeeping Fire Control Electrical Equipment and Lighting Storage and Handling of Cleaning Solvents Bonding and Grounding of Class II and III Systems Fire Control Smoking Prohibited $ 50.00 50.00 75.00 75.00 50.00 100.00 50.00 75.00 50.00 50.00 100.00 75.00 75.00 75.00 75.00 100.00 100.00 50.00 50.00 50.00 75.00 75.00 100.00 75.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 100.00 75.00 50.00 50.00 50.00 75.00 50.00 50.00 50.00 Buildings 79.215 Testing 79.216 Inside of Buildings 79.221 Abandonment of Tanks 79.302 Corrosion Protection 79.402 Manner of Storage and Limitations 79.403 Storage Cabinets 79.404 Design and Construction of Inside Storage (I) and Handling Rooms 79.406 79.407 79.408 79.410 79.411 79.501 79.502 79.503 79.505 79.506 79.702 79.702 79.703 79.705 79.708 79.709 79.802 79.803 79.804 79.805 79.806 79.1308 79.1309 79.1315 (I) 79.1317 (I) 79.1318 Dispensing of Inside Storage and Handling Rooms Outside Storage Outside Dispensing Empty Containers Fire Control Manner of Storage Use of Flammable or Combustible Liquids Dispensing Sources of Ignition Fire Control (a) Storage and Handling (b) General Provisions Dispensing Services Electrical Equipment Drainage and Waste Disposal Safety Rules Blending and Mixing Rooms Dispensing Sources of Ignition Housekeeping Fire Control Electrical Equipment and Lighting Storage and Handling of Cleaning Solvents Bonding and Grounding of Class II and III Systems Fire Control Smoking Prohibited $ 50.00 50.00 75.00 75.00 50.00 100.00 50.00 75.00 50.00 50.00 100.00 75.00 75.00 75.00 75.00 100.00 100.00 50.00 50.00 50.00 75.00 75.00 100.00 75.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 100.00 75.00 50.00 50.00 50.00 75.00 50.00 50.00 50.00 - 5 - Article 80 (I) 80.104 Oxidizing Materials 50.00 (I) 80.106 Potentially Explosive Chemicals 50.00 (I) 80.107 Highly Toxic Materials 50.00 (I) 80.108 Poisonous Gases 50.00 (I) 80.109 Corrosive Liquids 50.00 (I) 80.110 Storage Cabinets for Hazardous Materials 50.00 (I) 80.111 Designation of Cargo 50.00 - 5 - SECTION OFFENSE (I) 81.105 Sprinkler System (I) 81.108 Aisles Article 81 Article 82 (I) 82.104 Installation of Equipment (I) 82.110 Smoking and Open Flame Devices (I) 82.111 Clearance of Combustibles (I) 82.112 Abandonment of Liquefied Petroleum Gas Equipment Article 84 (I) 84.104 Projection Equipment cw:= BAIL PLUS P.A. $50.00 50.00 50.00 50.00 50.00 50.00 50.00 UNTIL FURTHER ORDER OF THE COURT, THE FOREGOING HAIL SCHEDULE CONSISTING OF PAGES 1 THRU 6 ARE HEREBY Effective 1980 4 ROBE4t-*!S_MAL1MAN Presiding Judge of the Municipal Court WILLIAM H. STEPHENS \ Judge of the Municipal Court f GARY /w , T MAS Judge of the Municipal Court DAVID R. BATY', } Judge of the Municipal Court j