ORDINANCE NO. 1055
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OAKDALE, CALIFORNIA, ADOPTING THE UNIFORM FIRE CODE WITH AMENDMENTS
THE CITY COUNCIL OF THE CITY OF OAKDALE DOES ORDAIN AS FOLLOWS:
Whereas, amendment of the 1997 Edition of the Uniform Fire Code, to provide more stringent standards for fire extinguishing systems, fire hazard and hazardous materials control, is necessary to serve the public interest by reducing the risk to life and property of the citizens of Oakdale because of the following local conditions:
1. Summer weather conditions are very dry, hot and windy causing ordinary combustibles to be easily ignited and fire to be fast spreading;
2. Very dense fog conditions occur in winter. Reduced visibility causes delays in fire response;
3. Fire response may be delayed by trains across the railroad tracks which divide the City between:
1) Sierra avenue and Yosemite Ave.
2) S. Yosemite avenue 500 block of , which restricts access from the fire station to the industrial area of the city.
Now, therefore, for the above reasons taken individually and cumulatively and in accordance with the authority granted in Sections 17958.5 and 17958.7 of the California Health and Safety Code, the Council of the City of Oakdale expressly finds that there are local climatic, and topographical conditions that make the increased fire protection requirements set forth in this article reasonably necessary.
ADOPTION OF UNIFORM FIRE CODE
Sec. 12-1. There is hereby adopted by the City of Oakdale for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous to life and property from fire, hazardous materials or explosion, that certain Code know as the Uniform Fire Code, 1997 Edition including Appendix Chapters I-C, II-B, II-D, II-E, II-F, II-I, II-J, III-A, III-D, IV-A, V-A, VI-A, VI-B, VI-C, VI-D, VI-E, VI-F, VI-G, VI-H, VI-I thereto, as adopted and revised from time to time by the International Fire Code Institute, and as compiled and published by the International Conference of Building Officials, the Western Fire Chiefs’ Association, and the Association of International Fire Chiefs, save and except such portions as are hereinafter deleted, modified or amended by Section 10 of this ordinance, one (1) copy of which have been and are now filed in the office of the clerk of the City of Oakdale 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 Oakdale.
Sec. 12-2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE PREVENTION
12-2.1 The Uniform Fire Code as adopted and amended herein shall be enforced by the bureau of fire prevention in the fire department of the City of Oakdale which is hereby established and which shall be operated under the supervision of the chief of the fire department.
12-2.2 The chief or fire marshal in charge of the bureau of fire prevention or other designated agencies, shall be appointed by the City of Oakdale.
12-2.3 The chief of the fire department shall designate such members of the fire department as inspectors. The chief of the fire department shall recommend to the city council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the fire department, and appointments made after examination shall be for an indefinite term with removal only for cause.
Sec. 12-3. DEFINITIONS
12-3.1 Wherever the word “jurisdiction” is used in the Uniform Fire Code, it shall be held to mean the area within the City of Oakdale.
12-3.2 Whenever the term “corporation counsel” is used in the Uniform Fire Code, it shall be held to mean the attorney for the City of Oakdale.
12-3.3 Whenever the work “misdemeanor” is used in the Uniform Fire Code it shall be held to mean “infraction” under section 5-5(a) of the Code of the City of Oakdale.
12-3.4 Whenever the chief responsibility for enforcement of the Uniform Fire code is given the title of “fire marshal,” the following definitions shall apply: Whenever the words chief or bureau of fire prevention are used, they shall be held to mean fire marshal.
Sec. 12-4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS PROHIBITED
The limits referred to in Sections 7902.2.2.1 and 7904.2.5.4.2 of the Uniform Fire Code in which the storage of flammable or combustible liquids is prohibited are hereby established as follows: In all zones except C-2, L-M, M-1, M-2 zones. All above ground storage over 1,000 gallons shall be 200 feet from residential and retail commercial uses. Construction of new bulk plants are prohibited, in all of the City of Oakdale except areas zoned Limited Industrial Zones L-M
Sec. 12-5. ESTABLISHMENT OF LIMITS IN WHICH STORAGE OF LIQUEFIED PETROLEUM GASES IS PROHIBITED
The limits referred to in Section 8204.2 of the Uniform Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: All L.P.G. tanks over 500 gallons shall be a minimum of 200 feet from residential uses.
Sec. 12-6. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED
In all R zones, except for personal use (i.e., ammunition, black powder), prohibited within all other zones without first securing a permit from the fire prevention bureau.
Sec. 12-7. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF COMPRESSED NATURAL GAS IS TO BE PROHIBITED
The limits referred to in Section 5204.5.2 of the Uniform Fire Code in which the storage of compressed natural gas storage is prohibited, are hereby established as follows: In all zones except C-2, L-M, M-1, M-2.
Sec. 12-8. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF STATIONARY TANKS OF FLAMMABLE CRYOGENIC FLUIDS ARE TO BE PROHIBITED
In all zones except C-2, L-M, M-1, M-2.
Sec. 12-9. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH THE STORAGE OF HAZARDOUS MATERIALS IS TO BE PROHIBITED OR LIMITED
Prohibited in excess of allowed limits in the Fire Code in R-1, R-2, R-3 zones. Limited in C-2, L-M, M-1, M-2.
Sec. 12-10. AMENDMENTS TO THE UNIFORM FIRE CODE
The Uniform Fire Code is amended and changed in the following respects:
ARTICLE 1 - PERMITS
Section 105 Permits.
Addition of 105.1.1 The Council of the City of Oakdale may, by resolution adopted from time to time, fix a fee for any permit issued pursuant to the Fire Code.
ARTICLE 11 - INCINERATORS, OPEN BURNING AND COMMERCIAL BARBECUE PITS
Section 1102.2 of said Fire Code are amended to read as follows:
Incinerators. The use of incinerators is prohibited inside the City limits of Oakdale.
Subsections 1102.2.1, 1102.2.2, 1102.2.3, 1102.2.4, 1102.2.5 are deleted.
Section 1102.3 of said Fire Code are amended to read as follows:
Open Burning. No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled, conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and compliance with all safeguards pursuant thereto. Any such permitted burning shall be restricted to agricultural purposes and confined to areas of the City in which agricultural uses are lawful.
SECTION 1207 DOORS
Section 1207 of said Fire Code is amended to add subsection 8 to read as follows:
8. Special Latching Devices. An exit door from a business which has as its primary commercial activity the sale, resale, exchange, or trade of gold or silver coin, bullion, or metal ore may be equipped with a locking mechanism which is not openable from inside without the use of a key or which requires special knowledge or effort so long as all of the following conditions are met during all times that the business is open to the public:
1. The locking mechanism is connected to a smoke detector system in such a manner that activation or malfunction of the smoke detector system results in automatically unlocking the exit door;
2. The locking mechanism is connected to the electrical power supply for the building in such a manner that any loss of electrical power to the building results in automatically unlocking the exit door;
3. Two (2) employees must be within the area of the premises used for retail purposes, including adjacent service and utility rooms, at all times; and
4. A sign is permanently posted upon the premises so as to be readily seen by any person or persons entering the business stating that ingress and egress are electronically controlled by the management.
ARTICLE 13 - EMERGENCIES AND FALSE ALARMS
Section 1302.3 of said Fire Code is amended to add subsection 1302.3.1 and it reads as follows:
Section 1302.3.1 The City Council may adopt by resolution reasonable fees to recover the costs associated with responses to building or similar structures that have numerous (greater than three in a calendar year) false alarms.
Section 6106.3 of said Fire Code are amended to read as follows:
The use of listed portable unvented oil-burning heating appliances shall not be allowed.
ARTICLE 77 - EXPLOSIVE MATERIALS
Section 7701.1 of said Fire Code are amended to read as follows:
Scope. Possession, storage, sale, transportation and use of explosive materials shall be in accordance with Article 77. See Appendix VI-f for excerpts from nationally recognized standards for separation distances for explosives.
Section 7701.3.1 of said Fire Code are amended to read as follows:
Required. When permits are required to be issued by the chief, the chief may grant the authority to the agency having enforcement jurisdiction. Permit shall be obtained:
1. To possess store, sell, display or otherwise dispose of explosive materials at any location.
2. To transport explosive materials.
3. To use explosive materials.
4. To operate a terminal for handling explosive materials
See Section 105, Permit e.1.
Section 7701.1.5 of said Fire Code are amended to read as follows:
When a new explosive material storage including a temporary job site, is established, the local law enforcement agency, fire department shall be notified immediately of the type, quantity and location of explosive materials at the site.
Subsections 1 and 2 of Section 7701.7 of said Fire Code are amended to read as follows:
1. Manufacturing. Explosive materials shall not be manufactured within the City limits of Oakdale.
2. Limits established by law. The storage of explosives and blasting agents is restricted to those areas of the city zoned as Light Industrial Zone L-M.
1. Temporary storage for use in connection with approved blasting operations conducted in accordance with all applicable provisions of this article.
2. Wholesale and retail storage and display of ammunition and gunpowder shall be in accordance with Section 7702 of this article.
ARTICLE 78 - FIREWORKS AND PYROTECHNIC SPECIAL EFFECTS MATERIAL
Section 7801.3 of said Fire Code is amended to read as follows:
1.1 Manufacturing. The manufacturing of fireworks is prohibited in the City of Oakdale. Fireworks as defined by the Health and Safety Code.
Addition of 7801.3.
2.1 The Chief may grant the permit as applied for, or with condition thereto, unless he/she finds that to do so would be contrary to the public health, safety, or welfare. The decision of the Chief shall be in writing and shall be mailed, postage prepaid, to the applicant.
2.2 The decision of the Chief, in acting on an application for permission to conduct a public display in accordance with the provisions of this section may be appealed to the City Administrator. Notice of an appeal of the Chief’s decision shall be filed by the applicant, with the City Clerk, within ten (10) days after the date of the decision. Upon failure to file such notice with the ten day period, the action of the Chief shall be final and conclusive. The applicant may appeal the decision of the City Administrator to the City Council by filing a notice of appeal to the City Clerk within ten (10) days after the date of the City Administrator decision. Upon failure to file such notice within the ten-day period, the action of the City Administrator, or his/her designee, shall be final and conclusive.
2.3 Every application for permission to conduct a public display of fireworks shall be accompanied by a non-refundable fee as established by resolution of the City Council from time to time.
Sales. Permits are required for the retail sales of “Safe and Sane” fireworks in the City of Oakdale.
Addition of 7801.3.3.
1. It shall be unlawful to engage in the sale of “Safe and Sane” fireworks in the City of Oakdale without first having secured a permit to do so.
2. The total number of sales permits issued in any given year shall be limited to 1 per each 2,500 population or portion thereof.
A. Year 2000 and after, each local non-profit organization that were issued a sales permit in 1998, and local non-profit organizations that were issued a sales permit in 1999 will be authorized to apply for a sales permit. The sales permits will be limited to a total of those issued in 1998 plus the new organizations issued a permit in 1999.
B. The number of permits issued in for 1999 will remain the same for the following years. No additional permits will be issued until the population exceeds the limited amount.
C. When additional sales permits are authorized and all current pre-approved organizations have already applied for such permits, a lottery will be held to fill any vacancies. This lottery will be held on the last day of the filing period specified in Section 5 and will include the names of all local nonprofit agencies.
3. Each organization shall be limited to a maximum of two (2) sales permits. A separate sales permit shall be required for each proposed location of fireworks stand.
4 Permits for the sale of “Safe and Sane” fireworks in the City of Oakdale shall be issued only to local non-profit organizations as defined herein.
1. A “non-profit organization” shall mean any non-profit association, club, or corporation organized primarily for veteran, patriotic, welfare, religious, civic betterment, youth activity or charitable purposes, which has been issued a tax exempt certificate as required under the revenue and taxation code of the State of California or a group which is an integral part of a recognized national organization having such a tax exempt status.
2. A “local non-profit organization” must have its principal and permanent meeting place in the City of Oakdale and must have been organized and established in the City of Oakdale for a minimum of one (1) continuous year preceding the filing of the application for permit, and must have a bona fide membership of at least ten (10) members who reside in the City of Oakdale.
3. Permits for retail sales of “Safe and Sane” fireworks in the City of Oakdale issued pursuant to provision of this Code are not transferable by the holder of the permit. The permit may be used only by the organization to whom it is issued.
4. City Business License, Fire Department approved permit and the State of California approved Fire Marshals permit must be displayed in the fireworks booth during hours of operation.
5. All applications for permits shall be in writing to the Fire Chief on forms supplied by the City. Applications may only be filed during normal business hours from April 15th of each year up to and including May 15th of the same year, at which time the filing period for the year will close.
6. Applications shall set forth the proposed location of the fireworks stand including the seven (7) digit parcel number (APN) of the Stanislaus County Assessor and other information as may be required by the Fire Chief. Written permission from the property owner, or his/her designee, to sell fireworks at that location shall accompany the permit application.
7. Applicants for permits shall be notified by June 1st of each year, by the Fire Chief, of approval or disapproval of such application. All approved applications shall be picked up, from the Fire Chief, by 4:00 PM on June 15th of that year. Permit will be issued on the day the applicant begins selling, and after inspection of the stand reveals compliance with all conditions of this ordinance.
8. Every application shall be accompanied by proof of insurance.
9. The Fire Chief, or his/her designee, may revoke, immediately and without notice or hearing, the “Safe and Sane” fireworks permit of any location or organization when any of the provisions of Oakdale Municipal Code, California Fire Code, California Code of Regulations, are violated. The Chief shall inform the permittee that permittee may seek review of the Chief’s decision, by the City Administrator, on the next business day. At the earliest opportunity on the next business day after revocation, the Chief shall provide the City Administrator with written notice that a fireworks permit has been revoked, including the name of the permittee and a brief statement of the grounds for revocation. If requested by the permittee, the City Administrator, or his/her designee, shall meet with the permittee and the Chief, or his/her designee, that day to review the Chief’s decision. The decision of the City Administrator shall be final.
10. Revocation of any permit will be effective for that calendar year.
Section 7802.1. of said Fire Code is amended to read as follows:
General. Sales, storage, use and handling of fireworks shall be in accordance with this division.
11. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled “Safe and Sane” fireworks within the City of Oakdale by State of California licensed retailers, provided a permit to sell those fireworks has been approved and obtained from the Chief. Fireworks may be sold or offered for sale from 12:00 noon to 10:00 p.m. on June 28, 9:00 a.m. to 10:00 p.m. on June 29 through July 5, and 9:00 a.m. to 12:00 noon on July 6.
1. The storage of fireworks within the City of Oakdale is limited to State of California Fire Marshal approved and labeled “Safe and Sane” fireworks by State of California licensed wholesalers and retailers.
2. Wholesalers Storage. Wholesalers may store “Safe and Sane” fireworks within the City of Oakdale solely during the period of June 1 Through July 31 of each year. Storage facilities shall comply with H1 occupancy classification requirements as defined by the Uniform Building Code.
3. Retailers Storage. Retailers may store “Safe and Sane” fireworks within the City of Oakdale solely during the period of June 22 through July 15 of each year. “Safe and Sane” fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner:
1. Within the permitted fireworks stand with a responsible adult on the premises at all times.
2. In a completely enclosed and locked utility type trailer constructed of 1/4 inch plywood or other approved noncombustible material.
3. In a completely detached garage on residential property with a minimum of ten foot (10') clearance to other structures or property lines. There shall be no open flame or spark producing equipment, or Class 1 flammable liquids stored or used within in the garage.
4. Fireworks shall not be stored within forty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty (50) or more persons.
5. Storage location and description of storage type will be required submitted information and will require Fire Chief approval.
2. Operator Safety. Each year, one or more representatives from each organization, that is granted a permit to sell fireworks, shall attend a stand operator safety seminar conducted by the Fire Department and the fireworks industry. Failure to attend the seminar shall result in the revocation of the organization’s permit to sell fireworks for that calendar year.
3. Temporary Fireworks Stands.
1. All retail sales of “Safe and Sane” fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited.
2. The fireworks stands shall be located at least twenty (20) feet from other structures.
3. Property in which the fireworks stand will be located will be limited to C-1, C-2 zones.
4. Fireworks shall not be stored, sold, offered for sale, or discharged within on hundred (100) feet of a location where gasoline, LPG, other class 1 flammable liquids or flammable gasses are stored or dispensed.
5. All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the 6th day of July.
6. Temporary fireworks stands shall not be set up before June 14.
7. The fireworks stand shall be removed from the temporary location by 12:00 noon on the 12th day of July, and all accompanying litter shall be cleared from said location by said time and date. Any booth not removed by the permittee selling in such booth by 12:00 noon on the 12th day of July, or the permittee shall be fined $100.00 per day the booth remains.
4. Safety Precautions
1. No person under the age of eighteen (18) shall sell, or handle for sale, any classification of fireworks.
2. No person under the age of eighteen (18) shall purchase or be allowed to purchase any classification of fireworks.
3. Smoking, open-flame, and spark-producing equipment shall be prohibited for a distance of twenty (20) feet around any fireworks stand.
4. Dry grass, weeds, trash, and other combustible material shall be removed for a distance of twenty (20) feet around any fireworks stand.
5. Fireworks shall not be discharged within fifty (50) feet of any fireworks stand.
5. Stand Construction.
1. Merchandise may be displayed in approved glass enclosed counters or showcases, or
2. Merchandise may be displayed in stands constructed in the following manner:
1. Walls and roof shall be of plywood at least 1/4" thick or of an approved noncombustible material.
2. The stand shall be provided with a roof.
3. Walls shall extend to a minimum height of 6 feet 8 inches, on at least three (3) sides. These three sides shall be without openings, except for an exit door.
4. An exit door with a minimum size of twenty (24) inches in width and six (6) feet in height, shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times.
5. The front wall of the stand shall provide a physical barrier not less than eighteen (18) inches in height between the public and the merchandise on display.
6. Approved “NO SMOKING” signs shall be prominently displayed in and on the stand.
7. Approved “NO SALES TO PERSONS UNDER THE AGE OF 16" signs shall be prominently displayed in the stand.
8. An approved fire extinguisher having a minimum U.L. classification of 2A shall be located in the stand, near the exit and readily accessible.
9. Sellers of fireworks shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Chief.
6. Operation of Fireworks Stand only by Permittee.
1. It is unlawful for the permittee organization to permit any person other than the permittee organization to operate the fireworks stand for which the permit is issued or to otherwise participate in the profits of the operation of such fireworks stand.
2. It is unlawful for a non-profit organization to permit any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell or otherwise participate in the sale of fireworks at such fireworks stand.
3. It is unlawful for a non-profit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security officer.
Subsection 2 and 3 of Section 7802.4 of said Fire Code are amended to read as follows:
13. Pyrotechnic Operator. Fireworks display operations shall be under the direct supervision of a State of California licensed pyrotechnic operator. The pyrotechnic operator shall be responsible for all aspects of the display related to pyrotechnics.
(1) The permittee shall furnish a certificate of insurance for each policy required, executed by the company issuing such policy, and approved as to form by the City Administrator. Such policies shall contain a provision which holds the City as an additional insured and declaring said insurance to be primary and that no other insurance carried by an insured party shall be called upon for contribution. Notwithstanding any other provision of this section, the failure of the permittee to carry such insurance during the time covered by such permit shall automatically revoke the permit as of the date of expiration of such insurance policy or policies. A payment of fifty dollars ($50.00) shall be made to the City before any such revoked permit may be reinstated.
(2) The permittee/licensee shall carry general liability insurance with a minimum limit of liability per occurrence of one million dollars ($1,000,000.00) for bodily injury and one hundred thousand dollars ($100,000.00) for property damage, or one million dollars ($1,000,000.00) combined single limit. The certificate of insurance shall include the following coverages and indicate the policy aggregate limit applying to: premises and operations, broad form contractual, and products and completed operations.
(3) The permittee/licensee shall agree to hold the City of Oakdale, its agents, officers, employees, and volunteers harmless from and save, defend, and indemnify them against any and all claims, losses, liabilities, and from every cause, including but not limited to injury to person or property or wrongful death, with the indemnity to include reasonable attorney fees and all costs and expenses arising directly or indirectly out of any act or omission of permittee arising out of any activity authorized by the permit.
(4) The permittee/licensee shall provide at its own expense and maintain at all times the specified insurance policies with insurance companies approved by the State of California and shall provide evidence of such insurance to the City as may be required by the Administrator of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in policy, notices of same shall be given to the City Clerk of the city by registered mail, return receipt requested.
ARTICLE 79 - FLAMMABLE AND COMBUSTIBLE LIQUIDS
Section 7902.2.2.1 of said Fire Code is Amended to read as follows:
The storage of Class I and Class II flammable liquids in aboveground tanks outside of buildings is prohibited, with the exception of protected tanks designed, installed and maintained in accordance with Appendix II-F.
Section 7903.2.1.4 of said Fire Code is amended to read as follows:
Heating, lighting, or cooking appliances which utilize flammable or combustible liquid shall not be operated within a building or structure.
Section 7904.2.5.1 of said Fire Code is amended to read as follows:
General. The capacity of temporary aboveground tanks containing Class I and II liquids shall not exceed one thousand one hundred (1,100) gallons. Temporary tanks of single-compartment design shall be constructed in accordance with Section 7902.1.8.2
Section 7904.4.1 of said Fire Code is amended to read as follows:
Portions of properties where flammable and combustible liquids are received by tank vessels, pipe lines, tank cars or tank vehicles and are stored or blended in bulk for the purpose of distributing such liquids by tank vessels, pipe lines, tank cars, tank vehicles or containers shall be in accordance with Section 7904.4.
The construction of new bulk plants for storage of flammable or combustible liquids is restricted to areas of the City zoned Limited Industrial Zones L-M. All existing nonconforming bulk plants for storage of flammable or combustible liquids which substantially comply with the requirements of this Code may be continued in use when a permit is secured from the fire prevention bureau.
Section 7904.5.4.3 of said Fire Code is amended to read as follows:
Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Tank cars shall be parked on private property while being unloaded. It shall be unlawful to unload any tank vehicle while it is parked on any street, highway, avenue, alley, or public right-of-way. While a tank vehicle is being unloaded, it shall not be parked in such a manner as to be endangered by other traffic. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than 24 hours while connected for transfer operations.
ARTICLE 80 - HAZARDOUS MATERIALS
Section 8001.5.2.5 of said Fire Code is amended to read as follows:
Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the chief, cleanup may be initiated by the fire department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharged. The remedy provided by this section shall be in addition to any other remedies provided by law.
For purposes of this section, costs incurred by the City of Oakdale shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker’s compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials.
Section 8001.11.3 of said Fire Code is amended to read as follows:
Protection from vehicles: Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings: dispensing areas:; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be installed in one of the following ways:
A. 1. Constructed of steel not less than 4 inches in diameter and concrete filled.
2. Spaced not more than 4 feet between posts on center.
3. Set not less than 3 feet deep in a concrete footing of not less than a 15 inch diameter.
4. Set with the top of the post not less than 3 feet above ground, and
5. Located not less than 5 feet from the tank. Or
B. 1. Constructed of steel not less than 6 inches in diameter and concrete filled.
2. Spaced not more than 3 feet between posts on center.
3. Set not less than 3 feet deep in a concrete footing of not less than a 15 inch diameter.
4. Set with the tip of the post not less than 3 feet above ground, and
5. Located not less than 3 feet 4 inches from the tank.
ARTICLE 82 - LIQUEFIED PETROLEUM GASES
Section 8201 of said Fire Code is amended to read as follows:
The outside storage of liquefied petroleum gas (LP-gas) shall conform to the provisions of the City of Oakdale zoning ordinances. The outside storage and use of liquefied petroleum gases is restricted as specified in this section.
1. Storage and dispensing of LP-gas for resale purposes, into approved containers and vehicles, is restricted to those areas of the City zoned as C-1, C-2, L-M, M-1, M-2 zones and, in addition thereto, to other commercially zoned properties used as automotive service station. Dispensing shall be performed only by qualified persons.
2. Dispensing of LP-gas for private use is restricted to those zones identified in subsection 1, and when approved by the chief, may be permitted in those areas of the City zoned as C-1, C-2, L-M, M-1, M-2 zones. Dispensing shall be performed only by qualified persons.
3. For cooking, lighting, or heating in a building, only on a property that does not have natural gas service existing on a boundary line of said property or when prohibition of such storage would cause undue hardship.
4. For temporary use on construction sites, when authorized by the chief.
5. For use as an alternative fuel supply for an emergency standby generator, when authorized by the chief.
6. For use with certain mobile vending equipment.
7. For use by Artisans in pursuit of their trade, when authorized by the Chief.
8. Storage of portable containers awaiting exchange may be permitted in commercially zoned areas of the City, including those zoned Neighborhood Commercial (C-2), when approved by the Chief and stored in accordance with Section 8212.
Section 8202.1 of said Fire Code is amended to read as follows:
Permits and plans. A permit is required to store, use, handle or maintain any portable or stationary LP-gas container.
1. Containers not exceeding five (5) gallon water capacity, used for residential “barbecue” cooking, when used and stored outside of building.
14. Approved containers not exceeding 16.4 ounces when displayed for sale in mercantile occupancies.
Distributors shall not fill an LP-gas container for which a permit is required unless a permit for the installation has been issued for that location by the chief.
The installer shall submit plans for any stationary LP-gas installation, regardless of size.
Section 8203.2.1 of said Fire Code is amended to read as follows:
Portable LP-gas containers, as defined in U.F.C. Standard 82-1 shall not be used in building except as specified in this section.
1. Portable containers, not exceeding five-gallon water capacity, may be allowed in building or areas undergoing construction, when permitted by the chief.
1A. LP-gas containers shall not be used in a basement, pit, or similar location where heavier-than-air gas might collect. LP-gas containers not exceeding sixteen and four tenths (16.40) ounces may be used in an above-grade underfloor space or basement only when such space is provided with an approved means of ventilation.
2. In educational, business, and institutional occupancies when used for research and experimentation provided the individual capacity of any one container does not exceed sixteen and four-tenths (16.4) ounces and the aggregate capacity of all containers does not exceed two and one half (2-1/2) gallons water capacity. When more than one such container is present in the same room, each container shall be separated by a distance of not less than ten (10) feet.
3. At demonstrations and public exhibitions for temporary use provided the individual capacity of any one container does not exceed eight (8) ounces and when more than one such container is present in the same room, each container shall be separated by a distance of not less that ten (10) feet. Such containers shall not be used for commercial or residential food preparation.
4. With self-contained torch assemblies and similar appliances provided that the individual capacity does not exceed sixteen and four-tenths (16.40 OUNCES. Such containers shall not be used for residential or commercial food preparation.
Section of 8204.2 of said Fire Code is amended to read as follows:
The aggregate capacity for any one installation shall not exceed two thousand (2,000) gallons, except that in particular installations this capacity limit may be altered by the Chief, after consideration of special features such as topographical conditions, nature of occupancy, proximity of building, capacity of proposed tanks, degree of private fire protection to be provided, and facilities of the local fire department.
Exception: Storage of LP-gas in accordance with Sections 8201.3, 8201.4 and 8201.5 shall be limited to one container not to exceed two hundred fifty (250) gallons water capacity.
Section 8212.4 or said fire code shall be amended as follows:
Separation from means of egress. Containers stored inside or outside buildings frequented by the public shall be located not less than 10 feet from any exit door or building opening, when only one exit is provided from the building or area, and not less than 5 feet from any exit door or building opening, when two or more exits are provided from the building or area. Containers stored outside buildings shall be stored not less than 20 feet from any automotive fuel dispenser.
Sec. 11. APPEALS
Whenever the chief disapproves an application or refuses 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 board of building appeals within thirty days from the date of decision appealed.
Sec. 12. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS
The Administrator and 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 at the bureau of fire prevention and distribute copies thereof to interested persons.
Sec. 13. PENALTIES
13.1 Any person who violates any of the provisions of the Uniform Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds 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 fails to comply with such an order as affirmed or modified by the city council of the City of Oakdale, or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of an infraction and shall be punished as provided in section 5-5 of the Code of the City of Oakdale. 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 within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
13.2 The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
Sec. 14. REPEAL OF CONFLICTING ORDINANCES.
All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Uniform Fire Code as adopted and amended herein are hereby repealed.
Sec. 15. VALIDITY
The _________________________ hereby declares that should any section, paragraph, sentence or word of this ordinance or of the Uniform Fire Code as adopted and amended herein be declared for any reason to be invalid, it is the intent of _______________________________ that it would have passes all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid.
Sec. 16. DATE OF EFFECT
This ordinance shall take effect and be in force from and after its approval as required by law.
Section 2: This Ordinance shall take affect and be in full force thirty (30) days after its adoption and before the expiration of fifteen (15) days after its passage, it shall be published once in the City of Oakdale, County of Stanislaus, State of California.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Oakdale held on January 4, 1999. Said ordinance was given a reading at a regular council meeting of said Council on January 18, 1999, and Councilmember ________________, seconded by Councilmember __________________, moved the adoption of said ordinance and upon roll call was carried by the following vote:
Pat Kuhn, Mayor
Rebecca A. Peluso
Certified Municipal Clerk