Ordinance - 451•
11
ORDINANCE NO. 451
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ADOMING BY REFERENCE A PRIMARY CODE ENTITLED "FIRE PREVENTION CODE" (EDITION
OF ig53) TOGETHER WITH AUGUST 1954, AMENDMENTS TO THE FIRE PREVENTION CODE,
AND ALSO IHE SECONDARY CODES REFERRED TO IN SAID PRIMARY CODE AND REPEALING
CONFLICTING ORDINANCES.
THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, DOES ORDAIN AS FOLLOWS'.
SECTION 1. CODES ADOPTED. With the exception of the deletions and
amendments set forth more particularly elsewhere in this ordinance, there are
hereby adopted by reference the following codes for the City of West Covina,
to wit* "FIRE PREVENTION CODE", a code prescribi.ng,regulati.ons governing
conditions hazardous to life and property from fire, edition of 1953, together
with the August 1954 Amendments to said Fire Prevention Code, proposed'and
recommended'by'the National Board of Fire Underwriters, 85 John Street,
New York 38, N.Y., 222.West Adams Street, Chicago 6, Illinois, and 465 California
Street, San Francisco 4, California, which foregoing code and amendments
thereto is hereby designated as the "Primary Code" adopted by reference; and
the following codes referred to within the said "Fire Prevention Code", which
are hereby designated and referred to as "Secondary Codes", to wit*
1. AMERICAN STANDARD REQUIREMENTS FOR INSTALLATION OF GAS EQUIP-
MENT IN LARGE 30ILERS (ASA.Z21.33-1950) published by American Gas Association,
4.20 Lexington Avenue, New York, New York;
2. API STANDARD NO. 12A, API SPECIFICATION FOR OIL STORAGE TANKS
WITH RIVETED SHELLS, March 1941 - Reissued September 1951, published by
American Petroleum Institute, 50 West 50th Street, New York 20, New York;
3. API STANDARD NO. 12A. API SPECIFICATION F04 BOLTED PRODUCTION
TANKS., September 1954, Seventh -Edition, published by American Petroleum
Institute, 50 West 50th Street, New York 20, New York;
4. API STANDARD NO. 12C, API SPECIFICATION FOR WELDED OIL STORAGE
TANKS, October 19549 Twelfth Edition, published by American Petroleum Institute,
50 West 50th Street, New York 20, New York;
5. API STANDARD NO. 12D, API SPECIFICATION FOR LARGE WELDED PRODUC-
TION TANKS, Tentative Standard, October 1954 Fourth Edition, published by
American Petroleum Institute, 50 West 50th Street, New York 20, New York;
6o AMERICAN STANDARD CODE FOR PRESSURE PIPING (ASA B31.1-1951),
published by American Society of Mechanical Engineers, 29 West 39th Street,
New York 18, New York;
7. RULES FOR CONSTRUCTION OF UNFIRED PRESSURE VESSELS, SECTION VIII
ASME BOILER AND PRESSURE VESSEL CODE, 1952 with 1954 Addenda, published by
American Society of Mechanical Engineers, 29 West 39th Street, New York 18,
New York;
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y
8. API AND ASME CODE FOR UNFIRED PRESSURE 4JESStiLS FOR PETROLEUM
LIQUIDS AND GASES., 1951., published by American Society of Mechanical Engineers,
29 West 39th Street, New York 18, New 'pork;
9. ASRE STANDARD 15-53 AMERICAN STANDARD SAFETY CODE FOR MECHANI-
CAL REFRIGERATION, (ASA B9%1w1953�, published by'American Society of Refri-
geration Engineers, 234 Fifth Avenue, New York 1, New York;
10. ASTM D56-52 STANDARD METHOD OF TEST FOR FLASH POINT -BY TAG
CLOSED TESTER, published "by American Society for Testing Materials, 1916
Race Street, Phailadelphia 3, Pa.;
11. ASTM D93-46 STANDARD METHOD OF `PEST FOR FLASH POINT BY MEANS
OF THE PENSKY MARTENS CLOSED TESTER., published by American Society for Testing
Materials, 1916 Race Street, Philadelphia 3; Pa.;
12e ASTM D323-52 STANDARD METHOD OF TEST FOR VAPOR PRESSURE OF
PETROLEUM -PRODUCTS (Reid Method), published by American Society for Testing
Materials, 1916 Race Street, Philadelphia 3,.Pa.;
13. CIRCULAR NO. 17D,,A.ugust 1, 1947., published by'Association of
American Railroads, 59 East Van Buren Street, Chicago, Illinois;
14. CIRCULAR NO. 17E9 August 1, 1947 published by Association of
American. Railroads, 59 East Van Buren Street, Chicago, Illinois;
15. PAMPHLET G1. ACETYLNE (All pamphlets), published by Compressed -
Gas Association, 11 West 42nd Street, New York 36., New York;
16. PAMPHLET G2. ANHYDROUS AMMONIA; published by Compressed Gas
Association, 11 West 42nd Street, New York 36, New York;
1.7. PAMPHLET G3. SULPHUR DIOXIDE, published by Compressed Gas
Association, 11 West 42nd Street., New York �6, New York;
18. PAMPHLET G4. OXYGEN, published by Compressed Gas Association,
11 West 42nd Street, New York 36, New York;
19. PAMPHLET P-1. SAFE HADLING OF COMPRESSED GASES, (1949),
published by Compressed Gas Association, 11 West 42nd Street, New York 36,
New York;
20. PAMPHLET P®2. CHARACTERISTICS AND SAFE HANDLING OF MEDICAL
GASES, published by Compressed Gas Association., 11 West 42nd Street,
New York 36, New York;
21. C =CAL DATA -SHEETS, published by Manufacturing Chemists
Association, 1625 Eye Street, N.W.., Washington 6, D.C.,;
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22. PAMPHLET NO. 10. STANDARDS FOR FIRST ATJ FIRE APPLIANCE,
September 1953, published by National Board of Fire Underwriters, 465 California
Street, San Francisco 4, California,
23. PAMPHLET NO. 14. STANDPIPE AND HOSE SYSTEMS, October 1952,
published by National Board of Fire Underwriters, 465 California Street,
San Francisco 4, California;
24. PAMPHLET NO. 30.' STANDARDS FOR THE STORAGE, HANDLING AND USE
OF FLAMMABLE LIQUIDS, July 1954, published by National Board of Fire Under-
writers,, 465 California Street, San Francisco 4, California;
25. PAMPHLET NO. 40. STANDARDS FOR THE STORAGE AND HANDLING OF
CELLULOSE NITRATE MOTION PICTURE FILM, November 1953, published by National
Board of Fire Underwriters, 465 California Street, San Francisco 4, California;
26. PAMPHLET NO. 54. STANDARDS FOR THE INSTALLATION OF GAS
PIPING AND GAS APPLIANCES IN BUILDINGS, September-1954, published by National
Board of Fire Underwriters, 465 California Street, 'San Francisco 4, California;
27. PAMPHLET NO. 58. STANDARDS FOR THE -STORAGE AND HANDLING OF
LIQUEFIED PETROLEUM GASES, July 1954, published by National Board of Fire
Underwriters, 46.5 California Street, can Francisco LG, California;
28. PAMPHLET NO. 59. STANDARDS FOR THE STORAGE AND HANDLING OF
LIQUEFIED PETROLEUM GASES AT UTILITY GAS PLANTS; July 1954, published by the
National Board of Fire Underwriters, 465 California Street, San Francisco 4,
California;
29. PAMPHLET NO. 70.- STANDARDS FOR ELECTRIC WIRING AND APPARATUS
(NATIONAL ELECTRICAL CODE, 1953, with February 1954 Errata Sheet), published
by National Board of Fire Underwriters, 465 California Street, San Francisco
4, California;
30. PAMPHLET NO. 91. STANDARDS FOR THE INSTALLATION OF BLOWER AND
EXHAUST SYSTEMS FOR DUST, STOCK AND VAPOR REMOVAL OR CONVEYING, November 1949,
published by National Board of Fire Underwriters, 465 California Street,
San Francisco 4, California;
31. PAMPHLET NO. 385. STANDARDS FOR TANK VEHICLES FOR FLAMMABLE
LIQUIDS, August 19539' with June 1954 Amendments, published by National Board-
of Fire Underwriters, 465 California Street, San Francisco 4; California;
32. NFPA NO. 49 TABLE OF COMMON HAZARDOUS CHEMICALS, 1953,
published -by National Fire Protection Association, 60 Batterymarch 'Street,
Boston 10, Mass.;
33. NFPA NO. 102. STANDARD FOR PLACES OF OUTDOOR ASSEMBLY, GRAND-
STANDS, AND TENTS. (ASA-Z20.3-1950), published by National Fire Protection
Association, 60 Batterymarch Street, Boston 10, Mass.
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SECTION 2. PURPOSES. It is the intent and p;.a.;:°pose of all of the
aforesaid codes to prescribe regulations consistent with nationally recognized
standard practice for the safeguarding to a reasonable degree of life and
property -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 build-
ings or premises. The titles to the various secondary codes above listed
indicate more particularly the specific purposes or the subdivisions of
said basic purposes, contributing to the safeguarding of life and property
from the hazards of fire and explosion.
SECTION 3, DEFINITIONS. The words used in the said codes hereby
adopted by reference shall have the mq+aning ascribed to them within said
code or codes, and in addition thereto the following words shall be under-
stood and defined to have the following meanings.
1; Whenever the word "City" is used, it shall mean the City of
West Covina.
2. Whenever the term ('Agency" is used, it shall mean the City of
West Covina or the appropriate agency of said City as the context may reason-
ably require.
3. Whenever the term "Municipality" is used, it shall refer.to
the City of West Covina.
4. Whenever the term "Legislative Body" is used, it shall mean
the City Council of the City of West Covina.
5. Whenever the term "enforcing officer" or "chief enforcing
officer", or "chief" is used, the said term shall refer to the'Chief of the
City of West Covina Fire Department, unless the City Council or City Manager
shall designate some other officer in place and stead thereof.
6. Whenever the term "Chief of the Bureau of Fire Prevention" is,
used, it shall mean Chief of the Fire Department of. the City of West Covina,
-unless the City Council or'City Manager shall designate some other officer
in place and stead thereof..
7. If any term used in said codes shall refer to an officer,
agency, board or body not set up by or within the City of West. Covina, the
said 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 :_':;body.
SECTION 4. AMENDMENTS, DELETIONS, ADDITIONS. The following sections
and provisions of the Fire Prevention Code hereby adopted -are hereby amended,
deleted or augmented as more particularly set forth below, to wit:
1. Article I is hereby augmented by adding thereto following Section
1.14 the following Sections:
Section 1.15 Peace Officer.
Authority.
(a) To carry out the purposes of this Code the Chief and his representa-
tives hereby are made and given the powers of police officers and are empowered
to inspect and abate any condition that constitutes a fire hazard.
(b) The Chief of Police and his representatives shall, have the power,
and hereby are directed, upon the request of the Chief or his representatives,
to assist in the enforcement of the provisions of this code.
` Section 1.16 False Alarms
Prohibited
No person shall send in an alarm from any fire alarm box or telephone
system or any verbal alarm except for the purpose of giving an alarm of a
fire which such person has good reason to believe endangers life or property.
Section 1.17 Tampering with Fire Department Equipment
Prohibited.
No person except a person authorized by the Chief or his representative,
an authorized repair -man, or any employee of the City acting within the scope
of his public duties, shall tamper with in any manner, any lock, gate, door,
barrier, enclosure, fire hydrant, fire alarm circuit, fire alarm box or
auxiliary fire fighting apparatus or other equipment which is installed by,
under the control of or for the use of the Fire Department of the City.
Section 1.18 Interfering with Fireman.
It shall be unlawful for any person to interfere with any officer or
member of the Fire Department, or to refuse or neglect to obey any lawful
order or requirement of any officer or member of the Fire Department, while
such officer or member is in the lawful performance of his duties as such
fireman.
Section 1.19 Fire Hydrant Obstruction.
No person shall -place or keep any box, fence, trash, or other material,
including vegetation, near any fire hydrant, which will in any manner obscure
the fire hydrant or hinder the Fire Department from gaining immediate access
thereto.
Whenever the Chief determirEs that the visability of any fire hydrant
is wholloy or partially obscured to the view of members of the Fire Depart-
ment answering emergency fire calls by light or si.gnstandards, utility poles,
or by similar installations on the sidewalk, street or parkway, he may cause
to be painted on each such obstruction a stripe, the top of which shall be not
more than six (6) feet above the surface of the sidewalk, street or parkway
in which such obstruction is located. The stripe shall not be over twelve (12)
inches in width and shall be of the same color as that of the fire hydrant
so obstructed.
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Section 1.20 Blocking, etc.
Notice.
Any person escavating, or working upon any street,. alley or public
thoroughfare and by reason thereof, or'for.anv other reason, causing the same
to be blocked or made impassable, shall notify the Chief of the Fire Depart-
ment at the time such work is started and upon completion thereof.
Section 1.21 Fire Department Badge
It shall be unlawful for.any person to wear, display, or have in his
possession any .badge or shield, of "he same design as adopted as the official
badge or shield of the City of West Covina Fire Department, unless such person
shall be duly appointed an acting member of said Fire Department. Exception..
This shall not apply to any member of said Fire Department who has been
honorably retired on a pension and who may have in his possession an official
badge or shield -presented -to'him by the City Council.. ,
20 Paragraph k of Section 15.102 of Article 15 is hereby deleted.
3. Section 15.504 of Article 15 is hereby deleted.
Ito Article 15 is hereby amended by addition of a new section to be
known as Section 15.5089 to follow immediately after Section 15e507 of
said Article, and which shall read as follows:
"Section 15.508. Abandoned Underground Gasoline Tanks.
No person shall vacate and/or discontinue a gasoline filling or
service station business without having first given the Chief of the lire
Department of the City of West Covina at least five (5) days written notice
thereof.
When such gasoline, filling or service station is closed or'
abaiidoh6d, the following regulations must be complied with by the operator
of same; or other person in charge thereof:
(a) Underground tanks to be pumped down to where pump line breaks
suction, leaving a small amount of gasoline below foot valve in the tank.
(b) Filler caps must be made wrench tight secure. Filler pipe
box to be`filled with sand, surfaced with thin layer of concrete,leaving
filler box cover in place.
(c) Existing vents must be maintained and left free and open.
�(d) Pump to be drained of gasoline and suction line from tank
sealed off at the pump. Filler hose to be removed from pump and discharge
capped or plugged.
(e) All pump operating; electrical circuits to be turned off or
disconnected.
(f) Stations and/or all buildings on premises must be securely
closed, so as to prevent unauthorized persons gaining access thereto.
(g) Closed or abandoned premises must be maintained in a clean and
non hazardous condition.
(h) The buildings and premises surrounding same and used in
connection with said station must be cleared of all rags, papers, cans, and
all other rubbish and/or trash.
W If permanent abandonment is the intent, the tank must be
removed; provided, however, upon permit from the Chief of the Fire Department,
the'tank may be filled with sand, earth or concrete.
The foregoing regulations must be complied with within fifteen (15) days
of said closing or abandonment.
Service station or other storage facilities closed or abandoned prior
to the effective date of this ordinance must be made to conform with the ,
foregoing regulations within fifteen (15) days of notification of the passage
of this ordinance.
Gasoline buggies or other approved aboveground storage facilities must
be removed from the premises or purged in such manner so as to make them
gas free.
Upon discontinuance of gasoline service to any leased or privately
owned service station or gasoline storage facilities, the servicing company
shall notify said Chief of the Fire Department within five (5) days, and
furnish name and address of owner or operator of such -closed or abandoned
storage facilities.
5. All 'of Appendix A and Appendix E is hereby deleted.
6. All of Article P is hereby deleted.
7, Appendix C is hereby amended to mean and include any amendments
or revisions of the titles or dates of the aforesaid secondary codes to
date.
8. Paragraphs (a) and (b) of Section 26.01 of Article 26 are hereby
amended to read as follows:
Section 26.01 Bonfires and Outdoor Rubbish Fires.
All burning of combustible waste material permitted under this section
is subject to the restrictionsof the Air Poilution Control District,
County of Los Angeles, as the same now exists, or are here -after amended.
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(a).., Fires on Public Property.
I"t 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
an combustible material or substance upon any street,'alley, sidewalk, park,
parkway or other public property within the City;
Exceptions: This provision shall not prohibit a person frum utilizing
cooking and campfire,facili.ties.provided in 'City Parks if required permits
are first obtained.
(b) Restrictions on Incinerators and open fires.
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, except as follows:.
1. Hours for Burning.
All burning regulated under this section shall be done between
the hours of 6:00 o'clock A.M., and 12:00 noon of the same day, except
campfires which may, be permitted at other hours. It, shall be unlawful to
set fire to, ignite,.burn, allow or permit any such fire to smoke or smolder
in the open air, in any single chamber incinerator, or in any container at
any time other than between 6:00 A.M.; and 12:00 noon, provided, however.,
that the Chief of the Fire Department, upon written application, and where
conditions and circumstances warrent same, may issue a special permit for
burning at hours and conditions specified by the Chief.
Exceptions: Notwithstanding any of the provisions of this section,
combustible waste material may be burned in a multiple chamber incinerator
at any t1me .
A Class-1 incinerator may operate -.,at any time if it is used in
connection with an industry which has presented sufficient proof of need,
and which the Chief of the Fire Department has approved for continual use of
Class-1 incinerators to be essential to the operation of such industry.
2. All such burning shall be done in an approved type incinerator
properly located, or, more than 25 feet from any building or combustible
structure and in such a:mahner so as not to constitute or occassion a fire
hazard, with'a competent person in constant attendance until all fire is
extinguished.
3. Open Burning.
All outdoor burning done outside of an incinerator shall require
a written permit from the Chief of the Fire Department and special provisions
may be stipulated in said permit. -
Exceptions: No permit shall be issued for the burning of standing
uncut vegetation.
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4. Location of Incinerators.
No person shall locate, maintain or use any class #2 or class #3
incinerator within five (5) feet of any building or within ten (10) feet
of any opening therein, or within five (5) feet of any property line.
Where an incinerator is to be used on premises adjoining any brush
covered -land, or land covered with flammable growth, then any person owning,
leasing, controlling, operating or maintaining said premises shall maintain
an effective fire protection or firebreak made by removing and clearing
away, for a distance of not less than thirty (30) feet on each side thereof,
all flammable vegetation or growth or other combustible material.
Exception: Provided however, that the provisions of this section
shall not require the removal of any standing live tree or any portion thereof,
except such portion as stands or hangs within a distance of ten (10) feet from
the outlet of any chimney, nor require the removal of any live evergreen
plant,shrub or vegetation which is cultivated, maintained and preserved for
decorative effect.
5. Every incinerator shall be maintained in good condition and
when the Chief finds an installation which through use would endanger the life
or property of any person, he shall order the use thereof discontinued until
repaired to permit safe use.
6. Incinerators Defined.
Incinerators Class-1 shall mean any incinerator which is:
(a) Within or part of a building, or ,
(b) Any separate incinerator that:
1. Has a firebox volume exceeding 27 cubic feet above the grate;
2. Exceeds 6 feet in height exclusive of chimney, or
3o Has a chimney more than 6 feet high, and
4. Is constructed in accordance with Building Code requirements.
"Multiple Chamber Incinerator" shall mean any article, machine, equip-
ment9 contrivance, structure or part of a structure, used to dispose of
combustible refuse by burning, consisting of three (3) or more refractory
lined..combustion furnaces in series, physically separated by refractory
walls, interconnected by gas passage ports or ducts and employing adequate
design parameters necessary for maximum combustion of the material to be
burned. The refractories shall have a pyrometric cone equivalent of at
least 17, tested according to the method described in the American Society
for Testing Materials, Method C-24.
(c) Class-2 Incinerators is any approved type, small free standing
incinerator, other than Class-1 or Class-3, having a completely enclosed
combustion chamber, solid door and hood or stack terminating in a spark
arrester of 1/2 inch mesh material.
(d) Class-3 Incinerators are those, other than Glass-1 or Class-2
incinerators, and which are constructed of masonry or non-combustible material,
the combustion chambers of which -are completely enclosed, and which are
equipped with approved permanently attached spark arresters of 1/2 inch
mesh material.
Exception: An open drum, unless equipped with a permanently attached
spark arrester is not a Class-3 incinerator and when used must be considered
as an open fire, -a -ad will not be permitted.
7. Illegal Burning.
The Ch.Lef of the Fire Department may prohibit any and all
bonfires and outdoor rubbish fires when.atmospheric conditions or local
circumstances make such .fires, hazardous.
Is shall be unlawful for any person to ignite, set fire to, or
burn any of the following materials in the open air, in a single chamber
incinerator, or in any container at any time in the City of West Covina:
rubberized products, -asphaltic products, oil products, material impregnated
with any -form of oil., resin, asphalt or rubber, cotton,'hemp, wool products,
clothing, mattresses, blankets and bedding material, including pillows,
freshly out or green lawn and shrubbery clippings, magazines, ga-rbage, leather,
plastics, and similar or any other material, the burning of which would cause
smoke, which in the judgment'of the Chief of the Fire Department is injurious
to the health of the..inhabitants., of the City of West Covina..'.
Section 26.14. Authority to correct defective conditions;.
(a) No person shall maintain or use or cause to be maintained or used.,
any device., appliance, apparatus, equipment, tank, tank vehicle, business,
process, structure, or other place or thing which does not conform to the
provisions of this Code, or which is not specifically covered under the
provisions of this Code, which due'to improper use,.maintenance, or to
a defective condition, constitutes, or contributes to, or creates a condition
liable to cause fire.
(b) When any such condition is found it shall be'the duty of the Chief
to order in writing an -abatement or correction thereof, or the installation
of adequate safeguards, which shall conform to the minimum requirements of
any ordinance of the'City, State law, or order as promulgated by the Fire
Marshal of the State.
In -the event there is no such ordinance, law or order covering the specific
condition' then any such written order given by the Chief shall be based upon
the minimum -requirements in the current recommendations of the National
Board of Fire Underwriters, or other Nationally recognized authority.
(c) Unless immediate action is taken to comply with his order, then
he shall have the power to cause any act, performance, activity, operation
or other condition .contributing to, or creating such condition to cease
until proper correction or compliance is made.
Section 26.16. Dumping on Vacant Lots.
It shall -be unlawful for any person tocbposit any grass, weeds,
brush, debris, trash or other waste material upon any vacant lot or parcel of
ground within the City, except with the written consent of the owner thereof.
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Section 26.17. Vacant Buildings.
Every person owning or in charge or control of any vacant building
shall remove therefrom all accumulations of flammable or combustible waste
and rubbish and shall securely lock, barricade or otherwise secure, all
windows, doors and other opening thereof, so as to prevent unauthorized
persons from gaining access thereto.
Section 26.18. Blocking Fuses.
It shall be unlawful for any person to block or allow to be blocked in
any manner any fuse or fuses used in any electrical circuit located within
any building or structure.
SECTION 5. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE
OF FLAMMABLE LIQUIDS IN OUTSIDE ABO?TEGROUND TANKS IS TO BE PROHIBITED.
(a) The limits referred to in Scetion 15.201 of the Fire Preven-
tion Code in which storage of flammable liquids in .outsi. e aboveground
tanks is prohibited, are hereby established as follows: any area of the
City except that specifically designated under the provisions of the Zoning
Ordinance of the City of West Covina as Zone M-1.
(b) The limits referred to in Section 1 5.401 of the Fire Preven-
tion Code, in which new bulk plants for flammable liquids are prohibited,,
are hereby established as follows: any area of the City except that specifi-
cally designated under the provisions of the Toning Ordinance of the City
of West Covina as Zone M-1.
SECTION 6. ' ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUE-
FIED PETROLEUM GASES IS TO BE RESTRICTED.
The limits referred to in Section 20.06a of the Fire Prevention
Code, in which bulk storage of liquefied petroleum gas is reistricted, are
hereby established as follows: the entire area of the City of West Covina.
SECTION 7. MODIFICATIONS.
The Chief of the Bureau of Fire Prevention shall have power to
modify any of the provisions.ot the Fire Prevention -Code upon application in
writing by the owner or lessee, or his duly authorized agent, when there are
practical difficulties in the way of carrying out the strict letter of the
code., provided that the spirity of the code shall be observed, public safety
secured,, and substantial justice done. The particulars of such modification
when granted or allowe and the decision of the Chief of the Bureau of Fire
Prevention thereon shall be entered upon the rscords of the department and
a signed copy shall be furnished the applicant.
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SECTION 8. APPEALS
Whenever the Chief of the Fire Department shall. disapprove an
application or refuse to grant a license or 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 wringly interpreted,
the applicant may appeal from the decision of the Chief of the Fire Depart-
ment to the City Council within thirty (30) days from the date of the decision.
SECTION 9, NEW MATERIALS, PROCESSES OR OCCUPANCIES, WHICH MAY
REQUIRE PERMITS.
The City Manager, the Chief of the Fire Department.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, inraddi-
tion 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 persons.
SECTION 10. AUTHORITY.
The Chief shall have the power to make and enforce such rules and
regulations for the purpose of prevention and control of fires and fire
hazards,.as are necessary to carry out the purpose and intent of this Code.
At the time of'the promulgation of such rules or any amendment thereto, three
copies thereof, date and duly certified to by the Chief, shall be filed in
the office of the City Clerk and three additional copies shall be filed in
the office of the Bureau of Fire Prevention where they shall be available
to inspection by the public.
SECTION 11. ESTABLISHMENT AND DUTIES OF THE BUREAU OF FIRE
PREVENTION,--
There is hereby established a Bureau of Fire Prevention within the
Fire Department of the City, and said Bureau shall operate under the direction
and supervision of the Chief of the Fire Department. The Fire Prevention
Code shall be enforced by the Bureau of Fire. Prevention.
The Chief of the Fire Department may detail, in addition to the
Inspector authorized by the City Council, such members of the Fire Department
to said Bureau to act: in the capacity of Inspector as shall from time to
time be necessary to enforce this Ordinance.
SECTION 12. PENALTIES.
(a) Any person who shall violate any of the provisions of the
Code hereby adopted or fails to comply therwith, or who 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 Council or 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,
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punishable by a fine of not more than $500.00 or by imprisonment for not
more than six months or by both such fine and imprisonment. 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.
(b) The application of the above penalty shall not be held to
prevent the enforced removal of prohibited conditions.
SECTION.13. 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, including
Ordinance No. 315 of the City of West Covina, adopted May 21t, 1954, are
hereby -repealed.
SECTION 14. AMENDMENTS MADE IN THE FIRE PREVENTION CODE.
The Fire Prevention Code is amended and changed*in the following
respects: Sections 12.01 to 12.06 inclusive, are deleted.
SECTION 15. 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 reason to be invalid, it is the intent of the City Council that it
would have passed all other portions of .this ordinan ce.independent of the
elimination herefrom of any such portion as may be declared invalid.
SECTION 16. DATE OF EFFECT.
This ordinance shall take effect and be in force from and after
the date of its ,approval as required by law.
SECTION 17. ENACTING Z-AUSE. The City Clerk shall certify to the
adoption of this Ordinance, and prior to the expiration of fifteen (15) days
from the passage thereof, shall cause the same to be published once in the
West Covina Tribune, a newspaper,of general circulation published and circu-
lated in the City of West Covina, and thirty (30) days from and after the
final passage thereof said Ordinance shall take effect and be in force.
J.. CAL SPERLINE
Vice-May()r of the City of West Covina
ATTEST°`
ROBERT FLOTTER
City Clerk of the City of West Covina
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I HEREBY CERTIFY that the foregoing Ordinance was adopted at a
regular meeting of the City Council of the City of West Covina, held on the
20th day of February, 1956, by the affirmative vote of at least three
Councilmen, to wit.
AYES: Councilmen Kay, Van Horn, Sperline, Brown
NOES. None
ABSENT: Mayor Hurst
•
ROBERT FLOTTEN
City Clerk of the City of West Covina
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