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Ordinance - 1831ORDINANCE NO. 1831 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 7, ARTICLES II, III, IV, V, VI, VII, IX, DIVISION 1, ARTICLE XIII AND CHAPTER 10, ARTICLE II OF THE MUNICIPAL CODE RELATING TO THE ADOPTION OF THE 1988 EDITIONS OF THE UNIFORM BUILDING CODE AND STANDARDS, UNIFORM • FIRE CODE AND STANDARDS, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, UNIFORM HOUSING CODE, UNIFORM MECHANICAL CODE, UNIFORM PLUMBING CODE, UNIFORM SIGN CODE, UNIFORM SOLAR ENERGY CODE AND THE 1987 EDITION OF THE NATIONAL ELECTRICAL CODE. The City Council of the -City of West Covina, California, does ordain as follows: SECTION 1. Articles II, III, IV, V, VI, VII, Article IX, Division 1, Article XIII of Chapter 7 and Article II of Chapter 10 of the West Covina Municipal Code are hereby revised as to the following Sections as follows: ARTICLE II - BUILDING CODE Section 7-16. Adopted. Except as otherwise provided in this Article, the 1988 Editions of the Uniform Building Code and Uniform Building Code Standards prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the 11th day of December , 1989, were made a public record of the City, including all appendices and indices, are hereby adopted and made a part hereof as if fully set out in this Section. One copy of each such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provision of the Municipal Code, the amendment or addition shall control. Section 7-17. Definitions. whenever any of the following terms are used in the Code adopted by Section 7-16 of this Municipal Code, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Department of Building and Safety: shall mean the Department of Building and Safety of the City. Building Official: shall mean the City Building and Safety Director or other designated City Officer. Health Officer: shall mean the County Health Officer. • Fire Chief: shall mean the City Fire Chief. Section 7-18.1 Section 303(d) amended. Section 303(d) of the Code adopted by Section 7-16 of this Municipal Code is hereby amended to read as follows: "(d) Expiration of permits. Every permit shall expire and become null and void by limitation for any one or more of the following reasons: 1. Whenever the work authorized by a permit is not commenced within one hundred and eighty (180) days from the date of issuance of such a permit. 2. Whenever the work authorized by a permit has. been suspended, abandoned or discontinued for a continuous period of one hundred eighty (180) days. 3. Upon written request of the applicant, within one hundred eighty (180) days of issuance, provided the work authorized by such permit has not been completed in accordance with this Code. 4. Whenever the work done during any continuous period of one hundred eighty (180) days amounts to less than ten (10) per cent of the total of the work authorized by such permit. Before recommencing, proceeding with or doing any work authorized by but not done before expiration of any such permit a new permit shall be obtained therefor, and the fee for such permit shall be the fee required for a new permit." Section 7-18.2. Section 303(f) added. Section 303 of the Code adopted by Section 7-16 of this Municipal Code is hereby amended by adding a paragraph (f) to read as follows: "(f) Unfinished buildings and structures. Whenever the building official determines by inspection that work on any building or structure for which a permit has been issued and the work started thereon has been suspended for a period of one hundred eighty (180) days or more, the owner of the property upon which such structure is located or other person or agent in control of said property upon receipt of notice in writing from the department to do so shall within ninety (90) days from the date of such written notice obtain a new permit to complete the required work and diligently pursue the work to completion or shall remove or demolish the building or structure within one hundred twenty (120) days from date of the written notice. Section 7-18.5. Section 305(d) amended. Section 305(d) of the Code adopted by Section 7-16 of this Municipal ode is hereby amended to read as follows: "(c) Approvals required. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining written approval of the building official. Such written approval shall be given only after an inspection shall have been made of each successive step in the construction as indicated by each of the inspections required by subsection (e). There shall be no clearance for connection of gas or electrical utilities until final building, electrical, plumbing, heating, ventilation and air conditioning inspections have been made and aproval has been first obtained from the building official, except as provided for in Section 307(d) for a temporary certificate of occupancy." Section 7-18.6. Section 307(d) amended. Section 307(d) of the Code adopted by Section 7-16 of this Municipal Code is hereby amended to read as follows: (d) Temporary certificate. A temporary certificate of occupancy may be issued by the building official for the use of a portion or portions of a building or structure prior to the completing of the entire building or structure upon application for a temporary clearance of connection of the utilities and a payment of twenty dollars ($20.00) for the additional inspections. In the event the building is not completed and ready for final inspection in the time prescribed by the building official, the building shall be vacated and the utilities disconnected until such time as the building is completed and final inspection is made and a certificate of occupancy is issued as set forth in subsection 307(c) above." Section 7-18.10. Section 1135 through 1137 added. Section 1135 through 1137 of the Code adopted by Section 7-16 of this. Municipal Code are hereby added to read as follows: "Sec.1135 SWIMMING POOLS. SAFETY PRECAUTIONS Every person in possession of land within the City of West Covina, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool (other than swimming pools excepted by the second paragraph of section 1135) shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other structure not less than five (5) feet six (6) inches in height with no opening therein, other than doors or gates, and other than openings approved by the building official upon finding that they will not materially facilitate scaling the • fence or other structure by children. All gates or doors opening through such enclosure shall be equipped with a self -closing and self -latching device designed to keep and capable of keeping such door or gate securely closed at all times when not in actual use. Such latching device must be located not less than four (4) feet ten (10) inches above the ground; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure hereinafter required need not be so equipped. All fencing forming the pool enclosure shall be in place and approved by the city before water is placed in the pool. Sec. 1136 SWIMMING POOLS, EMPTYING UPON ABANDONMENT OR VACATION OF PREMISES (a) No person in possession or control of any swimming pool on any land within the city as either owner, lessee, tenant, purchaser under contract, trustee, mortgagee or beneficiary of the land upon which such swimming pool is located shall abandon or vacate the premises upon which such swimming pool is located or is accessory or appurtenant, or cause or permit the same to be abandoned or vacated, without first having either: 1. Emptied all water from such swimming pool and left the same empty, or 2. Completely covered said swimming pool with a safe and adequate pool cover or other protective device, approved in writing by the building official as sufficient to protect persons, especially children, from falling into such pool. (b) No owner of any swimming pool on any land within the city, upon learning that the premises upon which such swimming pool is located or is accessory or appurtenant having been abandoned or vacated by the person in possession or control of such swimming pool, shall fail, within forty-eight (48) hours after so learning or so being advised by the building official, to either: 1. Empty all water from said swimming pool and leave the same empty until said premises are again occupied by a person in possession and control of such swimming pool, or 2. Completely cover said swimming pool with a safe and adequate pool cover or other protective device approved in writing by the building official, as aforesaid, and keep said pool so covered until said premises are again occupied by a person in possession and control of such swimming pool. (c) "Abandon" and "abandoned," as used in this section, shall mean the leaving of premises without actual, apparent • and manifest intention to return thereto within a reasonable and foreseeable time unless definite provision has been made in writing prior to leaving the premises to have them actually occupied within thirty (30) days of such leaving by some other person who will be in possession and control of such swimming pool. (d) "Vacate" and "vacated", as used in this section shall mean the leaving of premises without the bona fide intent to return and actually returning to said premises within a period of thirty (30) days or less (or such additional period not exceeding an aggregate of sixty (60) days from date of leaving as may be granted by the building official for good cause, such as extended vacation, emergency, etc.) unless during said period of absence some other person actually occupies said premises and is in possession and control of such swimming pool. (e) Every person who violates or fails to comply with any of the terms, provisions or requirements of this section shall thereby have agreed and consented and conclusively be deemed to have agreed and consented: 1. That the city may enter upon the premises and empty all water from such swimming pool or cause the same to be done, and 2. To reimburse the city on demand for the actual cost of emptying such pool or causing the same to be done, and that the city may collect the same from any such person by civil action or any other lawful means selected by or available to the city, including, where applicable, the means provided by Title 5, Division 1, Part 1, Chapter 1, Article 9 (beginning at Section 50230) of the Government Code of the State of California. Sec. 1137 INSPECTING AND APPROVAL OF SWIMMING POOLS All plans hereafter submitted to the city for swimming pools to be constructed shall show compliance with the requirements of section 1135, and final inspection and approval of all pools hereafter constructed shall be withheld until all requirements of section 1135 shall have been complied with. The provisions of this section shall not apply to public swimming pools for which a charge or admission price is required to be paid for such use thereof, nor to swimming pools which are a part of and located upon the same premises as a hotel, motel or apartment house, during the time that the owner, operator or adult employee of such owner or operator is present at and in active charge of the premises upon which such pool is located." ection 7-18.11 is hereby deleted. Section 7-18.12. Roof coverings amended. (a) Notwithstanding any other provision of the Building Code and Appendix to the contrary, the roof covering of any building hereinafter constructed, regardless of type of occupancy classification, shall be of noncombustible or fire -retardant construction as defined in Section 3204(a) items 1, 2, 3, 4, 5, 6 and 3204(b) of the Uniform Building Code. (b) Any replacement or repair that consists of more than twenty-five (25) percent of the total area of an existing roof within a twelve-month period must be made in conformancewith subsection (a) herein. Room additions must also comply with said subsection (a). Skylights shall be constructed as required in chapter 34 of the Uniform Building Code. Penthouses shall be constructed as required in chapter 36 of the Uniform Building Code. Any use of plastics in roofs shall be in accordance with the provisions of chapter 52. Any construction relating to attics shall be in accordance with those governed by the provisions of section 3205 of the Uniform Building Code. The provisions of section 3207 of the Uniform Building Code shall govern roof drainage. Section 7-18.13. Section 3802(a). Amended. Section 3802(a) notwithstanding any other provisions of this section, an approved automatic fire sprinkler system shall be installed: 1. On all new buildings exceeding ten thousand (10,000) square feet in floor area. 2. In any existing building after the completion of any major alteration or addition which will exceed ten thousand (10,000) square feet of floor area. 3. In any existing building where an addition or additions exceed 25% of the existing floor area as of January 1, 1990 or ten thousand (10,000) square feet, whichever is less, and the existing building is over ten thousand (10,000) square feet. 4. When the value of alterations or repairs to an existing building, which has ten thousand (10,000) or more square feet, exceed 25% of the value of the building in any 12 month period. Section 7-18.15. Section 302(a) amended. The 1988 Uniform Building Code, section 302(a), shall be amended by adding item No. 8 to regulate construction within flood hazard areas and within established floodways, as follows: • "A. Buildings are not permitted within an area determined by the city engineer to be subject to flood hazard by reason of inundation, overflow or erosion. "The placement of buildings and other structures (including walls and fences) within such areas shall be such that water or mudflow will not be a hazard to the building or adjacent property. Subject to section 2 of this ordinance, this prohibition shall. not apply if provisions are made to eliminate such hazard to the satisfaction of the city engineer by providing adequate drainage facilities, protective walls, suitable fills, raising of floor elevation of the building or by a combination of these or other methods. The city, in -the application of this ordinance, shall enforce as a minimum, the current Federal Flood Plain Management Regulations defined in chapter 1, parts 59 and 60, Federal Emergency Management Agency, National Flood Insurance Program. "B. A person shall not perform any work within an established floodway if in the judgement of the city engineer such work increases the flood hazard to adjacent properties by either increasing the capital floodwater suface elevation, by deflection of flows, by increasing bank erosion or by increasing flow velocities. Such work may be performed within an established floodway where provisions are made to the satisfaction of the city engineer to avoid any such increase in flood hazard. The city engineer may issue a permit for said work." ARTICLE III - ABATEMENT OF DANGEROUS BUILDINGS CODE Section 7-37. Code adopted. Except as otherwise provided in this Article, the 1988 Edition of the Uniform Code for the Abatement of Dangerous Buildings, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the llth day of December , 1989, was made a public record of the City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provisions of the Municipal Code, the amendment or addition shall control. Section 7-38. Definitions. Whenever any of the following terms are used in the Code adopted by Section 7-37, such term shall be deemed and construed to have the • meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety Director or other designated City Officer. Department of Building and Safety: shall mean the City Department of Building and Safety. Fire Chief: shall mean the City Fire Chief. Health Officer: shall mean the County Health Officer. ARTICLE IV - ELECTRICAL CODE Section 7-49. Adopted. Except .as otherwise provided in this Article, the 1987 Edition of the National Electrical Code, prepared and copyrighted by the National Fire Protection Association, Boston, Massachusetts, and including the Uniform Administrative Code Provisions for the National Electrical Code, 1987 Edition, prepared and copyrighted by the International Conference of Building Officials, Whittier, California, which on the i I tb day of naramhar , 1989, were made a public record of the City, including all appendices and indices are hereby adopted and made a part hereof as if fully set out in this section. at least one (1) copy of said Codes as well as any secondary Codes incorporated by said Codes shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in said Codes and any amendments thereto contained in this Article, the amendment or addition shall control. ARTICLE V - HOUSING CODE Section 7-61. Adopted. Except as otherwise provided in this Article, the 1988 Edition of the Uniform Housing Code, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the 11rh day of ne mh r , 1989, was made a public record of the City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in.this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provision of the Municipal Code, the amendment or addition shall control. Section 7-62. Definitions. Whenever any of the follwing terms are used in the Code adopted by Section 7-61, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety Director or other designated City Officer. • Department Of Building and Safety: shall mean the City Department of Building and Safety. Fire Chief: shall mean the City Fire Chief. Health Officer: shall mean the County Health Officer. ARTICLE VI - MECHANICAL CODE Section 7-73. Adopted. Except as otherwise provided in this Article, the 1988 Edition of the Uniform Mechanical Code, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the llth day of December, 1989, was made a public record of the .City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provision of the Municipal Code, the amendment or addition shall control. Section 7-74. Definitions. Whenever any of the following terms are used in the Code adopted by Section 7-73, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety Director or other designated City Officer. Department of Building and Safety: shall mean the City Department of Building and Safety. Fire Chief: shall mean the City Fire Chief. Health Officer: shall mean the County Health Officer. ARTICLE VII. PLUMBING CODE Section 7-85. Adopted. Except as otherwise provided in this Article, the 1988 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, prepared and copyrighted in Los Angeles, California, which on the i i th day of DPrPmhPr , 198 9 , was ade a public record of the City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of said Code, as well as any secondary Codes incorporated by said Code, shall be kept on file in the office of the City Clerk. In the event of any conflict or amiguity between any provision contained in said Code and any amendment thereto contained in this Article or other provision of the Municipal Code, the amendment, addition or provision shall control. ARTICLE IX. SIGNS DIVISION 1. GENERALLY Section 7-134. Code - Adopted. Except as otherwise provided in this Article, the 1988 Edition of the Uniform .Sign Code, prepared and copyrighted in Whittier, California, by the International Conference of Building Officials, which on the 11th day of December , 1989, was made a public record of the City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out in this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in such Codes set forth above and any amendment thereto contained in this Article, or other provision of the Municipal Code, the amendment or addition shall control. Section 7-135. Same - Definitions. Whenever any of the following terms are used in the Code adopted by Section 7-134, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety Director or other designated City Officer. Department of Building and Safety: shall mean the City Department of Building and Safety. Fire Chief: shall mean the City Fire Chief. Health Officer: shall mean the County Health Officer. ARTICLE XIII - SOLAR ENERGY CODE Section 7-220. Adooted. Except as otherwise provided in this Article, the 1988 Editon of the Uniform Code for Solar Installations, prepared and copyrighted in Los Angeles, California, by the International Conference of Building Officials and the International Association of Plumbing and Mechanical Officials which on the llth day of December , 1989, was made a public record of the City, including all its appendices and indices, is hereby adopted and made a part hereof as if fully set out *in this Section. At least one (1) copy of such Code as well as any secondary Codes incorporated by such Code shall be kept on file in the office of the City Clerk. In the event of any conflict or ambiguity between any provision contained in said Code and any amendment thereto contained in this Article, the amendment or addition shall control. Section 7-221. Definitions. Whenever any of the following terms used in the Code adopted by Section 7-220, such terms shall be deemed and construed to have the meaning ascribed to them in this Section as follows: Building Official: shall mean the City Building and Safety Director or other designated City Officer. Building and Safety Department: shall mean the City Department of Building and Safety. Fire Chief: shall mean the City Fire Chief. Health Officer: shall mean the County Health Officer. ARTICLE XV Section 7-251. Definitions amended. Whenever any of the following terms are used in the Code adopted by Section 7-251 of this Municipal Code, such terms shall be deemed and construed to have the meaning ascribed to them in this.Section as follows: Department of Building and Safety: shall mean the Department of Building and Safety of the City. Building Official: shall mean the City Building and Safety Director or other designated City Officer. Health Officer: shall mean the County Health Officer. Fire Chief: shall mean the City Fire Chief. SECTION TWO. The West Covina Municipal Code, Chapter 10 - Fire Prevention and Protection, is hereby amended by repealing Article 2 thereof in its entirety. SECTION THREE. The West Covina Municipal Code, Chapter 10 - Fire Prevention and Protection, is hereby amended by adding a new ARTICLE 2 to read as follows: ARTICLE 2. FIRE CODE • Sec. 10-20 Adoption of Uniform Fire Code. There is hereby adopted, by the City Council of the City of West Covina for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain Code and Standards known as the Uniform Fire Code, including Appendix Chapters I-C (Stairway Identification), II -A (Suppression and Control of Hazardous Fire Areas), II-B (Protection of Flammable or Combustible Liquids in Tanks in Locations that May be Flooded), III -A (Fire Flow Requirements for Buildings), III- C (Testing Fire Extinguishing Systems, Standpipes and Combination Systems), IV -A (Interior Floor Finish), and the Uniform Fire Code Standards published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1988 Editions thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Section 10-26 of this Ordinance one (1) copy of the Code and Standards has been and is now filed in the office of the City Clerk of the City of West Covina and the same are hereby adopted and incor- porated 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 West Covina. Sec. 10-21 Establishment and Duties of Bureau of Fire Prevention. (a) The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of West Covina which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department. (b) The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the Chief of the Fire Department on the basis of examination to determine his qualifications. (c) The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time -to -time be necessary. The Chief of the Fire Department shall recommend 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/or non-members of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. Section 10-22 Definitions: (a) Whenever the word "Jurisdiction" is used in the Uniform Fire. Code, it is the City of West Covina. (b) Whenever the words "Chief of the Bureau of Fire Prevention" are used they shall be held to mean "Fire Marshal." Section 10-23 Establishment of Limits of Districts in Which Storage of Flammable or Combustible Liquids in Outside Above Ground Tanks_ is 10-..1.; 1.; rmA (a) The limits referred to in Section 79.501 of .the Uniform Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows: All areas of the City except those areas approved by the Fire Chief or a designated representative and whose maximum quantity does not exceed 500 gallons individual tank capacity. (b) The limits referred to in Section 79.501 of the Uniform Fire •Code in which bulk plants for flammable liquids is restricted are hereby established as follows: All areas of the City except those areas that are specifically designated under the zoning provisions of this Code as Zone M-1. Section 10-24 Establishment of Limits in Which Storage of Liquefied ' Petroleum Gases is to be Restricted. (a) The limits referred to in Section 82.103 (a) of the Uniform Fire Code, in which storage of liquefied `petroleum gas is restricted, are hereby established as follows: All areas of the City except those areas approved by the Fire Chief or a designated representative and whose maximum quantity does not exceed 2,000 gallons water capacity. (b) The limits referred to in Section 82.103 (a) of the Uniform Fire Code, in which bulk storage of liquid petroleum gas is restricted are hereby established as follows: The entire area of this City. Section 10-25 Establishment of Limits of Districts in Which Storage of Explosives and Blasting Agents is to be Prohibited. 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: The entire area of the City. Section 10-26 Amendments Made in the Uniform Fire Code. The Uniform Fire Code, 1988 Edition, as adopted under Section 10-20 of this chapter is amended and changed in the following respects: Section 2.105 of the Uniform Fire Code, is revised as follows: Section 2.105. Authority of Fire Personnel to Exercise Powers of Police Officers. (a) The Chief and members of the Fire Department shall have the powers of a police officer in performing their duties under this article. (b) The following officers and members of the Fire Department shall have the power to arrest any person without a warrant whenever they have reasonable cause to believe that the person has violated any provision of this chapter in their presence: Chief, Battalion Chief, Fire Marshal, Asst.. Fire Marshal, Captain, Engineer, Firefighter, and Fire Protection Specialist. Section 4.102 of the Uniform Fire Code is revised as follows: Section 4.102. Compliance Required. (c) All permits or certificates issued under this Code shall be presumed to contain the provision that the applicant, his agents and employees shall carry out the proposed activity in compliance with all the requirements of this Code and any other laws or regulations applicable thereto, whether specified or not, and in complete accordance with the approved plans and specifications. Any permit or certificate which purports to sanction a violation of this Code or any applicable law or regulations shall be void and any approval of plans and specifications in the issuance of such permit shall likewise be void. (d) All officers and employees of the City vested with the duty or authority to issue permits, licenses, or certificates of occupancy where required by law shall conform to the provisions of this Chapter and said Fire Code. No such permit, license, or certificate for buildings, uses, or purposes where the same would be in conflict with the provisions of this Chapter or said Fire Code shall be issued. Any such permit, license, or certificate which is issued in conflict with said provisions shall be null and void. . Section 4.102(e) is added to the Uniform Fire Code to read as follows: Section 4.102(e) Permit Fees. When the application for a permit or certificate under this division is filed, a uniform non-refundable fee shall be paid for the purpose of defraying the cost incidental to the pro- ceedings. Such charges and fees to be rendered shall be those which the City Council may from time to time determine, fix and establish by resolution duly and reasonably adopted by it. Such charges may be changed by the City Council from time to time by resolution and shall respectively be applicable for the respective periods designated or governed by such respec- tive resolutions. Section 10.207 of the Uniform Fire Code, is amended to read as follows: Section 10.207 Fire Apparatus Roads (a) General. Fire apparatus access roads shall be provided and main- tained in accordance with the provisions of this Section. The definition for fire apparatus access roads used throughout this Section shall be "Fire Lane." (c) Width. Such accessways shall be unobstructed and not less than twenty-five (25) feet in width. (1) Posting. Those areas determined to be "Fire Lanes" shall be posted in accordance to the standards set forth by the Engineering Department per West Covina Municipal Code, Section 22-188. Section 10.207 (m) is added to the Uniform Fire Code, to read as follows: Section 10.207 (m) Variance (m) Variance. Variance from the requirement of this subsection may be approved by the Fire Chief or a designated representative only upon a determination that safety and access have been provided which are substantially similar to that available were the required accessways provided. Section 10.210 is added to the Uniform Fire Code to read as follows: • Section 10.210 Security Gates All security gates shall be operated by the Fire Department by way of a card reader which will accept Fire Department master card only. Section 10.301 (c) of the Uniform Fire Code is amended to read as follows: Section 10.301 (c) Water Supply An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which buildings or portions of building are hereafter constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, as measured by an approved route around the exterior of the building, there shall be provided when required by the Chief, on -site fire hydrants and water mains capable of supplying the required fire flow. Water mains supplying fire hydrants shall not be less than eight (8) inches size and shall be capable, at a residual pressure of at least 20 PSI, of simultaneously supplying 1,000 gallons per minute per hydrant to the number of fire hydrants corresponding to the required fire flow divided by 1,000. Fire hydrants are provided for the sole purpose of extinguishing fires and shall be opened and used only by the Fire Department or other officials authorized to do so. The location, number and type of fire hydrants connected to a water supply capable or delivering the required fire flow shall be provided on the public street or on the site of the premises to be protected as required and approved by the Chief. All hydrants shall be accessible to the Fire Department apparatus by roadways meeting the requirements of Section 10.207. Section 10.301 (g) is added to the Uniform Fire Code to read as follows: Section 10.301 (g) Automatic Fire Sprinkler and Alarm Svstems. (g) All new buildings constructed as a non-residential occupancy exceeding 10,000 square feet of floor area shall be provided with an approved automatic fire sprinkler and alarm system. The automatic fire sprinkler system shall be installed in compliance with the National Fire Protection Association Standard No. 13. Building additions, alterations, and exceptions shall be in accordance to the amendments of the Uniform Building Code, 1988 Edition. a Section 10.305(e) is added to the Uniform Fire Code. to read as follows: • Section 10.305(e). Detailed Installation Requirements. 1. Fire -extinguishing systems shall be installed and maintained in accordance with the Standards of the National Fire Protection Association. Exceptions: a. Automatic fire sprinkler systems shall have at least one water supply of adequate pressure, capacity and reliability. b. Automatic fire sprinkler systems may be connected to the domestic water supply main when approved by the Chief provided the domestic water supply is of adequate pressure, capacity and sizing for the combined domestic and fire sprinkler requirements. In such case, the fire sprinkler system connection shall be made between the public water main or meter and the building shut, off valve, and there shall not be intervening valves or connections. The Fire Department connections may be omitted when approved by the Chief. C. The sprinkler alarm valve for an automatic fire sprinkler system may be omitted when the sprinkler system serves less than six heads or where the system is connected to an approved fire alarm system. 2. The Fire Chief may impose the requirements for automatic sprinkler systems as set forth in this section when, in his opinion, the design or construction of the building or the complex of which it is a part, or the contents thereof is of such a nature as to require the imposition of such a requirement in order to comply with the intent of this ordinance and reasonable fire safety standards. 3. Standard automatic sprinkler systems may be omitted with the approval of the Fire Chief: a. In buildings or areas of buildings housing occupancies with high value, noncombustible contents, highly susceptible to water damage. b. When, in the opinion of the Fire Chief, because of the construction, contents or processes of a particular structure, the intent and purpose of this section may be met without installation of standard automatic sprinkler systems. Those buildings or parts of buildings for which the standard automatic sprinkler system requirement is excepted pursuant to this subsection shall be separated and equipped with a fire detection or extinguishing system of a tested and approved design, installed in conformance with the requirements of the Fire Chief. 4. Installation, inspection sprinkler systems shall meet the Protection Association Pamphlet No. dard No. 38-1, and the Fire Chief. and maintenance of automatic standards of the National Fire 13 and Uniform Building Code Stan- 5. Alarms from required automatic sprinkler systems shall be transmitted to fire alarm headquarters of the Fire Department indirectly through an approved supervised connection to the Fire Department alarm system or through an approved master fire alarm box, or through an approved direct lease line. The alarm system shall be installed in accordance with applicable standards approved by National Fire Protection Association, State Fire Marshal's Office, and the requirements of the Fire Chief. 6. Required automatic sprinkler systems shall be approved by the Fire Chief. Installation, acceptance tests, and such periodic • tests as the Fire Chief may require shall comply in all respects with the National Fire Protection Association's Pamphlet No. 13. Section 10.313 (a) of the Uniform Fire Code, is amended to read as follows: Section 10.313(a). Fire Extinguishing Equipment for Protection of Kitchen Grease Hoods and Ducts. (a) Where required. Approved fire -suppression systems shall be provided for the protection of commercial -type food heat -processing equipment in cooking facilities where food containing fat is fried, broiled, grilled, or barbecued upon or over a grill, pit or spit. Section 11.101(e) is added to the Uniform Fire Code to read as follows: Section 11.101(e). Bonfires and Outdoor Rubbish Fires (e) No person shall kindle or maintain any bonfire or rubbish fire or authorize such fire to be kindled or maintained on private land within the City except with the specific approval of the South Coast Air Quality Management District and under a written permit by the Fire Chief. Section 11.111 of the Uniform Fire Code. is amended to read as follows: Section 11.111. Chimney Spark Arresters. Each chimney used in con- junction with any fireplace or any heating appliance in which solid or liquid fuel is used, upon any house, hotel, building or structure located within two hundred (200) feet of any mountains, brush, or land covered with flammable material, or if surrounding roof covering is wooden shingles, shall be maintained with a spark arrester as required for incinerators. SECTION 11.117 of the Uniform Fire Code is added to read as follows: Section 11.117. Clearance Between Chimnevs and Combustibles. A minimum clearance of 10 feet shall be maintained between chimneys and all trees, dry grass, weeds, vegetation, and any other combustible material. Section 11.201 of the Uniform Fire Code is amended by adding subsections (e) and (f) to read as follows: (e) Commercially serviced refuse containers of capacities larger than one (1) cubic yard and smaller than eight (8) cubic yards shall be constructed of metal and provided with metal lids. Containers shall be delivered and restored after servicing with lids in a closed position. Lids shall be maintained in the closed position except during the process of introducing or removing refuse. CommercialiY serviced refuse containers shall be serviced as often as necessary to prevent over filling. Placement of refuse which raises the lid of the container by more than 1/2 inch from the closed. position is prohibited. No refuse shall be allowed to accumulate outside of refuse containers. Commercially serviced refuse containers shall be signed "KEEP LID CLOSED" with letters at least three (3) inches high on a contrasting background. (f) Trash enclosures and refuse storage areas hereafter located beneath combustible construction shall be protected by automatic sprinklers. Trash chutes and trash rooms hereafter constructed shall be protected by automatic • sprinklers approved by the Fire Chief. If located in residential occupan- cies, a smoke detector system approved by the Fire Chief shall also be provided. Section 11.204(b) is added to the Uniform Fire Code to read as follows: Section 11.204(b). Flammable Decorative Materials (b) Any person applying flame -proofing, fire retardant solution, or other material used to decorate; color or coat any decorative material, including Christmas trees, for commercial or noncommercial purposes in commercial, industrial, or institutional occupancies shall use a chemical or solution approved for such use listed by the State Fire Marshal of the State of California, and the material shall be applied in conformance with the listing and the regulations of the State Fire Marshal's Office. Section 11.208 of the Uniform Fire Code is revised to read as follows: Section 11.208 Parade Floats. (a) No person shall construct, operate or display any parade float in the City without first having obtained a permit therefore from the Fire Department. (b) All decorative materials shall be fire resistant or flame retardant in a manner approved by the Fire Department. (c) All floats shall be provided with an approved portable fire extinguisher of at least 2-A, 10-B:C rating readily accessible to the operator. (d) The Fire Chief is authorized to promulgate regulations governing the construction, operation and display of all floats. All floats constructed, operated or displayed within the City shall conform to said regulations. Section 11.210 is added to the Uniform Fire Code to read as follows: Section 11.210. Removal of flammable and combustible vegetation and matari11c_ (a) All residential front, rear, and side yards including slopes shall be maintained, by the owner or occupant, free and clear of all flammable or combustible vegetation for a distance of 100 feet or to their property line whichever is closest. (b) A minimum clearance of 10 feet shall be maintained between all roads and all dry grass, weeds, vegetation and any other combustible material. (c) It shall be unlawful for any person to deposit any grass, weeds, brush, debris, trash or other waste material upon any vacant lot or parcel of ground within the City. Section 11.211 is added to the Uniform Fire Code to read as follows: Section 11.211, TemDorary Lots for Sale of Christmas Trees. All • temporary lots for the display and sale of Christmas trees are required to have a permit and shall be located, maintained, and operated subject to the following provisions: (a) All applications for permits shall be made in writing, filed with the City Council, and shall state the name of the applicant, his ' address, and the location of .the proposed Christmas tree lot. The applica- tion shall be accompanied by a clearance from the Fire Chief as to fire regulations and by a clearance from the Department of Building and Safety as to the proposed electrical installation, if any, and additionally by clearance from the. Engineering Department for review of stand location in relation to possible interruption of traffic. (b) All permits must be posted in a conspicuous place. (c) There shall be maintained in each premises or display area within which Christmas trees are sold or offered for sale, at least two (2) fire extinguishers with a minimum rating of 2A. No one extinguisher shall be more than seventy-five (75) feet travel distance from any tree on display or in storage. (d) Bonfires or fire in drums or other containers are permitted only after a permit is obtained from the Fire Department. (e) Christmas trees shall not be displayed under covered walkways in shopping centers unless the covered walkway is protected by an approved automatic sprinkler system. (f) Christmas tree lots must be removed and the debris cleared no later than ten (10) days after the last day of sale. A fee, as established by resolution of the City Council, shall be.posted for each lot with the license collector at the time of issuance of the permit. This fee will be' returned if the debris is cleared and the lot is removed within the stated time, otherwise the fee will be used to defray the cost of cleaning up the area and will not be returned. SECTION 14.104 (c) of the Uniform Fire Code is amended to read as follows: Section 14.104 (c) Group R, Division I, Occupancies. A manual and automatic fire alarm system shall be installed in apartment houses and hotels with interior corridors or three or more stories in height or containing more than 15 dwelling units and in hotels three or more stories in height or containing 20 or more guest rooms. Such alarm system shall be designed that all occupants of the building may be warned simultaneously and the system shall be monitored by an approved alarm company. Section 14.104 (e) of the Uniform Fire Code is amended to read as follows: Section 14.104 (e) Smoke Detectors in Dwelling Units and Guest Rooms. Every existing building used as a single family or multiple family occupancy, hotel, motel, boarding house, or mobile home shall have installed therein an approved smoke detector that operates on products of combustion and meets the requirement of U.B.C. Section 1210 (a) under the following conditions: • 1. Whenever a permit is required for addition or alteration to that building. Section 81.105 of the Uniform Fire Code is revised to read as follows: Section 81.105. Fire Protection. (a) Fire protection for buildings used for high piled combustible storage shall be in accordance with Table No. 81.105 and the Building Code. (b) An automatic sprinkler system shall be required in each building or portion of a building used for the storage of high piled combustible stock when the area exceeds two-thirds (2/3) of the sum of the basic allowable floor area and the allowable increases for such building, as specified in the Uniform Building Code. (c) The design and installation of sprinkler systems shall conform to appropriate NFPA Standards, except as herein provided. (d) Sprinkler systems shall be designed by a sprinkler engineer. (e) Stock piles more than twenty-five (25) feet in height will require multi -level sprinkler protection. (f) Sprinklers shall not be installed within any roof vent, nor below any vent or skylight in a location which would adversely affect ventilation of smoke. (g) A minimum clearance of thirty-six (36) inches shall be provided between under -roof or ceiling sprinkler deflectors and top of storage. A minimum of six (6) inches shall be maintained between the deflector of in -rack sprinklers and top of a tier of storage. Sec. 10-27 New Materials, Processes, or Occupancies which may require Permits. The Building and Safety Director, the Fire 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 for which permits are required in addition to those now enumerated in said Code. The Chief of the Bureau of Fire Prevention shall keep such list in his office for public review and distribute copies thereof to interested persons. Sec. 10-28 Violations and Penalties. (a) Every person who violates any of the provisions of this article shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued, or permitted. (b) The violation of any of the provisions of this article shall be a misdemeanor punishable as provided in Section 1-37(a) of this Code, except that the violation of any of the provisions of the Uniform Fire Code, 1988 Edition, enumerated in subsection (c) of this section, shall be an infraction punishable as provided in Section 1-37.01 of this Code. (c) The provisions of the Uniform Fire Code a violation of whic h shall constitute an infraction, are set forth by Article as follows: .Article 2 - Organization, Authority, Duties and Procedures Section 2.201. Article 3 - Compliance with Orders and Notices Sections 3.102 and 3.104. Article 10 - Fire Protection Sections 10.102, 10.201, 10.202, 10.203, 10.204, 10.205, 10.206, 10.207, 10.208, 10.209, 10.210, 10.301, 10.302, 10.304, 10.305, 10.309 and 10.312. Article 11 - General Precautions Against Fires Sections 11.102, 11.103, 11.104, 11.111, 11.113, 11.115, 11.116, 11.1179 11.201, 11.202, 11.203, 11.204, 11.205, 11.207, 11.208, 11.209, 11.210, 11.211, 11.301, 11.401, 11.404, 11.405, 11.406, 11.407, 11.408, 11.411, 11.412, 11.413, 11.414, and 11.415. Article 12 - Maintenance of Exit Ways Sections 12.103, 12.104, 12.107, and 12.108. Article 13 - Smoking Sections 13.104 and 13.105. Article 14 - Fire Alarm Svstems. Sections 14.103, 14.104, 14.105, 14.106, and 14.107. Article 25 - Places of Assemblv Sections 25.103, 25.105, 25.106, 25.107, 25.108, 25.109, 25.111, 25.113, 25.115 and 25.116. Article 28 - Storage and Handling of Combustible Fibers Sections 28.103 and 28.106. Article 2.9 - Garages Sections 29.103 and 29.104. Article 30 - Lumber Yards and Woodworking Plants Sections 30.102, 30.103 and 30.105. Article 32 - Tents, Canopies, and Tem orary Membrane Structures Sections 32.103, 32.104, 32.105, 32.106, 32.107, 32.108, 32.109, 32.111, 32.112, 32.113, 32.114, 32.115, 32.116, 32.117, 32.118, and 32.119. Article 35 - Covered Mall Buildings Section 35.103, 35.104, 35.105, and 35.106. Article 45 - ADDlication of Flammable Finishes Sections 45.103, 45.104, 45.105, 45.202, 45.203, 45.204, 45.205, 45.206, 45.207, 45.208, 45.209, 45.210, 45.301, 45.302, 45.305, 45.307, 45.308, 45.309, 45.310, 45.403, 45.405, 45.602, 45.603, 45.604, 45.606 and 45.608. Article 47 - Fumigation and Thermal Insecticidal Fogging Sections 47.104 and 47.108. Article 48 - Magnesium Sections 48.108 and 48.110. Article 49 - Welding and Cutting Using Calcium Carbide and Acetylene Sections 49.104 and 49.107. Article 50 - Manufacture of Organic Coatings Sections 50.104, 50.105, 50.107, 50.109, 50.111, 50.112, 50.113 and 50.114. Article 62 - Industrial Bakine and Drvinz Ovens Sections 62.103, 62.104 and 62.105. Article 63 - Mechanical Refrigeration Sections 63.103, 63.104, 63.105, 63.106, 63.107, and 63.108. Article 74 - Compressed Gases Sections 74.104, 74.105, 74.107, 74.108, 74.203, and 74.205. Article 76 Prevention of Dust Explosions Section 76.103. Article 77 - Explosives and Blasting Agents Sections 77.104, 77.201, 77.202, 77.301, 77.302, 77.304 and 77.305. Article 78 - Fireworks Section 78.102 and 78.103. Article 79 - Flammable and Combustible Liquids Sections 79.103, 79.104, 79.105, 79.106, 79.107, 79.108, 79.109, 79.110, 79.111, 79.112, 79.113, 79.115, 79.201, 79.202, 79.203, 79.204, 79.205, 79.301, 79.302, 79.303, 79.401, 79.403, 79.405, 79.406, 79.407, 79.409, 79.410, 79.501, 79.503, 79.504, 79.507, 79.508, 79.509, 79.510, 79.802, 79.803, 79.804, 79.805, 79.806, 79.807, 79.902, 79.903, 79.904, 79.905, 79.906, 79.907, 79.908, 79.909, 79.1001, 79.1002, 79.1003, 79.1004, 79.1006, 79.1007, 79.1204, 79.1205, 79.1206, 79.1207, 79.1304, 79.1305, 79.1306, 79.1307, 79.1309, 79.1310, 79.1311, 79.1312, 79.1513, 79.1514, 79.1515 and 79.1517. Article 81 - High -piled Combustible Stock Sections 81.105, 81.106, 81.107, 81.108, 81.109, 81.110, and 81.111. _Article 82 - Liquefied Petroleum Gases Sections 82.102, 82.104, 82.105, 82.106, 82.107, 82.108, 82.109, 82.110, 82.111, 82.112 and 82.113 and 82.114. Arcicle 84 - Motion Picture Projection Sections 84.102, 84.103, 84.104 and 84.105. Article 85 - Electrical Sections 85.103, 85.104, 85.105, 85.106, 85.107 and 85.108. Article 86 - Pesticides Sections 86.102, 86.103, 86.104, 86.105, 86.106, 86.107 and 86.108. Article 87 - Fire Safety During Construction, Alteration, or Demolition of a Building Sections 87.103, 87.104 and 87.105. SECTION 10-30 VALIDITY. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 10-31 DATE OF EFFECT. This Ordinance shall take effect and be in force from and afterits adoption as required by law. SECTION 4. The Mayor shall sign and City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. PASSED and APPROVED this i i th day Of December , 19 89. �J Mayor ATTEST: City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF WEST COVINA ) I, Janet Berry , City Clerk of the City of West Covina, do hereby certify that the foregoing Ordinance No. 1831 was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 13th day Of November , 19 89. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 11th day Of December , 19__&y, by the following vote, to wit: AYES: Couneilmember: Tarozzi, McFadden, Manners, Lewis, Bacon NOES: Councilmember:None ABSENT: Councilmember:None ABSTAIN: Councilmember:None X, V City Clerk APPROVED AS TO FORM: CERTIFICATION I, JANET BERRY, City Clerk V the City of West .Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 19,31 - was published, pursuant to law, in the San Gabriel Valley Tribune, a newspaper of general circulation Published and circulated in the City of West Covina. Janet Berry. City Clerk City of West Covina, California DATED: