Calexico Municipal Code Ch. 15.20 Fire Prevention Code

There is adopted by the city council for the purpose of prescribing regulations governing hazards to life and property from fire or explosion, that certain code known as the Uniform Fire Code recommended by the International Conference of Building Officials and the Western Fire Chiefs Association, being particularly the 1991 Edition thereof and the whole thereof, save and except such portions as are deleted, modified or amended of which code one copy is filed in the office of the city clerk and the same is adopted and incorporated as if fully set out at length in this chapter, and from the date on which the ordinance codified in this section takes effect, the provisions thereof shall be controlling within the limits of the city.

(Ord. 924 § 1 (part), 1992: Ord. 884 § 10, 1987: Ord. 811 § 1, 1981: Ord. 783 § 1, 1980: Ord. 754 § 1, 1978: Ord. 595 § 2 (part), 1965: prior code § 4211)

Whenever the words set out in this section are used in the Fire Prevention Code, they shall have the following meanings:

A. "Municipality" means the city of Calexico.

B. "Corporation counsel" means the attorney for the city.

(Ord. 595 § 2 (part), 1965: prior code § 4213)

As used in this chapter, "approved" as applied to devices or materials means acceptable to the chief of the fire department by reason of having been tested and examined by him or by some recognized laboratory and found to be proper.

(Ord. 595 § 2 (part), 1965: prior code § 4220.29)

A. Enforcement of Code. The Fire Prevention Code shall be enforced by the bureau of fire prevention in the fire department of the city, which is established and which shall be operated under the supervision of the chief of fire department.

B. Appointment of Chief. The chief in charge of the bureau of fire prevention shall be appointed by the fire chief of the city on the basis of examination to determine his qualifications. His appointment shall continue during good behavior and satisfactory service, and he shall not be removed from office except for cause after public trial.

C. Inspectors. 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 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.

D. Report. A report of the bureau of fire prevention shall be made annually and transmitted to the chief executive officer of the municipality. It shall contain all proceedings under the Fire Prevention Code, with such statistics as the chief of the fire department may wish to include therein. The chief of the fire department shall also recommend any amendments to said code which in his judgment are desirable.

(Ord. 595 § 2 (part), 1965: prior code § 4212)

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 require permits. In addition to those now enumerated in said code, the chief of the bureau of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

(Ord. 595 § 2 (part), 1965: prior code § 4218)

A. Permits required by the provisions of this chapter shall be obtained in writing from the chief of the fire department.

B. Permits shall be for such period as the chief of the fire department may specify, but not exceeding one year.

C. Permits shall be kept on the premises designated therein and shall be subject to inspection by any officer of the fire or police departments.

(Ord. 595 § 2 (part), 1965: prior code §§ 4220.9—4220.11)

A. In addition to the permits required elsewhere in this chapter, a permit shall be obtained from the chief of the fire department for:

1. Storage of calcium carbide in excess of one hundred pounds;

2. Storage of hay, straw, excelsior and other combustible fibers in excess of one ton, provided that no permit will be required for storage on farm property;

3. Storage of corrosive acids in excess of ten gallons of each kind;

4. Storage of chlorates or other oxidizing chemicals in excess of ten pounds;

5. Storage or handling of pyroxylin plastic in excess of twenty pounds unless wrapped or packed for sale;

6. Use of stationary acetylene generators;

7. Use of compressed gas from cylinders in excess of four hundred cubic feet aggregate capacity;

8. The application of paint, varnish or lacquer by spray method or with dip tanks and ovens;

9. Use of refrigeration systems containing twenty pounds or more of refrigerant other than air or water;

10. The cleaning or dyeing of clothes or other material with a class I or II flammable liquid.

B. Such permits shall be based upon compliance with the standards of the American Insurance Association, where applicable.

(Ord. 595 § 2 (part), 1965: prior code §§ 4220.12—4220.23)

Before permits are issued, the chief of the fire department shall make or cause to be made such inspections or tests as are necessary to assure that the provisions of this chapter are complied with.

(Ord. 595 § 2 (part), 1965: prior code § 4220.24)

The chief of the fire department is authorized to revoke any permit whenever in his judgment any violation of this chapter warrants such revocation, but only after a fair and impartial hearing has been accorded the holder of the permit.

(Ord. 595 § 2 (part), 1965: prior code § 4220.25)

Appeal from any decision of the chief of the fire department in refusing to grant or in revoking any permit may be made to the city council as outlined in Sections 15.20.150 and 15.20.160.

(Ord. 595 § 2 (part), 1965: prior code § 4220.26)

The chief of the fire department or any member of the fire department designated by him as an inspector may, at all reasonable hours, enter any building or premises for the purpose of making any inspection which, under the provisions of this chapter, he or they deem necessary to be made.

(Ord. 595 § 2 (part), 1965: prior code § 4220)

It shall be the duty of the chief of the fire department to inspect or cause to be inspected by fire department officers or members, as often as may be necessary, but not less than twice a year in outlying districts and four times a year in the closely built portions of the city, all buildings, premises and public thoroughfares, except the interiors of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordinance affecting the fire hazard.

(Ord. 595 § 2 (part), 1965: prior code § 4220.1)

Whenever any such officer or member as designated in Section 15.20.120 finds in any building, or upon any premises or other place, combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of wastepaper, boxes, shavings, or any highly flammable materials, and so situated as to endanger property, or finds obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operation of the fire department or egress of occupants in case of fire, he shall order the same to be removed or remedied.

(Ord. 595 § 2 (part), 1965: prior code § 4220.2)

If such owner of premises designated in Section 15.20.130 fails to remove combustible or explosive matter or dangerous accumulation of rubbish or unnecessary accumulation of wastepaper, boxes, shavings, or any highly flammable materials, and so situated as to endanger property, or fails to remove obstructions to or on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the fire department or egress of occupants in case of fire, within two days after receiving written notice from the chief of fire department or any member of the fire department designated by him as an inspector, the fire chief shall cause the same to be removed and the expenses incurred in the removal thereof shall be charged against the owner or occupant of said premises and the same shall be collected by civil action.

(Ord. 595 § 2 (part), 1965: prior code § 4220.3)

A. Appeal. Such order as designated in Section 15.20.130 shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to appeal within twenty-four hours to the city council, who shall within ten days review such order and file its decision thereon.

B. Effect of Order. Unless the order is revoked or modified, it shall remain in full force and be obeyed by such owner or occupant.

C. Penalty for Noncompliance. Any owner or occupant failing to comply with such order within ten days after said appeal has been determined, or if no appeal is taken, then within ten days after the service of the order, shall be liable to a penalty as stated in this chapter.

(Ord. 595 § 2 (part), 1965: prior code §§ 4220.4—4220.6)

A. The service of any such order as specified in Section 15.20.130 shall be made upon the occupant of the premises to whom it is directed by either delivering a true copy of the same to such occupant personally or by delivering the same to and leaving it with any person in charge of the premises, or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises.

B. Whenever it may be necessary to serve such an order upon the owner of the premises, the order may be served either by delivering to and leaving with the person a true copy of the order, or, if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy to the owner's last known post office address.

(Ord. 595 § 2 (part), 1965: prior code §§ 4220.7, 4220.8)

The storage of flammable or combustible liquids in outside aboveground tanks is prohibited within the city limits except manufacturing zones providing they conform to the Uniform Fire Code.

(Ord. 884 § 11, 1987: Ord. 595 § 2 (part), 1965: prior code § 4214)

A. Installation Restrictions. The storage of liquefied petroleum gas is prohibited within the city limits except manufacturing zones not to exceed five hundred water gallons capacity.

B. Exceptions. It is further provided, however, that the areas limited in subsection A of this section are subject to the following exceptions:

1. Liquefied petroleum gas may be installed in gasoline service stations outside of the area limited in subsection A of this section, not to exceed five hundred water gallons capacity.

2. Installations shall not be less than fifteen feet from any building other than a wood frame.

3. Installations shall not be less than thirty feet from any wood frame building.

(Ord. 884 § 12, 1987: Ord. 643 § 1, 1969: Ord. 595 § 2 (part), 1965: prior code § 4215)

Hoods and ducts, where required for restaurant-type cooking equipment, must be equipped with an approved automatic fire protection system installed in the hood and duct in accordance with the provisions of the 1991 National Fire Code, and the 1991 Uniform Fire Code and the 1991 Uniform Fire Code Standards.

(Ord. 924 § 1 (part), 1992: Ord. 884 § 13, 1987: Ord. 643 § 1, 1969: Ord. 595 § 2 (part), 1965: prior code § 4230)

No device for the detection or extinguishing of fire shall be sold or delivered in the city unless said device is approved by the local fire authority and a permit granted therefor before any such device is installed in any home or building in the city.

(Ord. 595 § 2 (part), 1965: prior code § 4231)

A. Prohibited. It is unlawful for any person wilfully or designedly to give, assist in giving, countenance or request or cause to be given any false alarm of fire in any manner.

B. Exceptions. Subsection A of this section shall not apply to members of the fire department in making tests or repairs under the direction of the proper authorities.

(Ord. 595 § 2 (part), 1965: prior code §§ 4232, 4233)

It is unlawful for any person to tamper, meddle or in any way interfere with any signal box or any auxiliary appliance, or wilfully to break, injure, deface, or remove wires, boxes or other parts or fixtures of the fire alarm system so as to interrupt or interfere with the proper working of the same, or to mutilate or destroy any notices that may be legally posted relating to the same.

(Ord. 595 § 2 (part), 1965: prior code § 4234)

A. Designated. The city will pay a reward of fifty dollars to any person furnishing information leading to the apprehension of any person violating or attempting to violate any of the provisions of Sections 15.20.190 through 15.20.220, to be paid upon conviction of such person.

B. Posting of Notice. Notice of such reward shall be conspicuously posted near each fire signal box.

(Ord. 595 § 2 (part), 1965: prior code §§ 4235, 4236)

A. Authority. The chief of the fire department shall have power to modify any of the provisions of this chapter 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 this chapter; provided that the spirit of this chapter is observed, public safety secured, and substantial justice done.

B. Record and Copy. The particulars of such modification when granted or allowed and the decision of the chief of the fire department thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

(Ord. 595 § 2 (part), 1965: prior code § 4220.27)

A. Authority. The chief of the bureau of fire prevention shall have power to modify any of the provisions of 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 spirit of the code is observed, public safety secured, and substantial justice done.

B. Record and Copy. The particulars of such modification when granted or allowed and the decision of the chief of the bureau of fire prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

(Ord. 595 § 2 (part), 1965: prior code § 4216)

Whenever the chief of the fire department disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the Fire Prevention Code do not apply or that the true intent and meaning of said code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief of the fire department to the city council.

(Ord. 595 § 2 (part), 1965: prior code § 4217)

A. Any person who violates any of the provisions of the Fire Prevention Code adopted by this chapter 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, 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 or by a court of competent jurisdiction within the time fixed in this chapter, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than ten dollars nor more than five hundred dollars or by imprisonment for not less than one day or more than one hundred eighty days 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. 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 constitutes a separate offense.

B. The application of the penalty designated in subsection A of this section shall not be held to prevent the enforced removal of prohibited conditions.

(Ord. 595 § 2 (part), 1965: prior code § 4219)

Article 11 Section 11.101 (b) of the Uniform Fire Code, 1985 Edition, is modified to read as follows:

"Location Restricted. No person shall kindle or maintain any bonfire or rubbish fire or authorize any such fire to be kindled or maintained on any private land unless such person complies with Article 11 Section 11.101(A) of the 1985 Uniform Fire Code."

(Ord. 884 § 14, 1987: Ord. 595 § 2 (part), 1965: prior code § 4211.1)

A. It is unlawful to park any motor vehicle and/or otherwise obstruct any fire lane posted pursuant to the provisions of the Uniform Fire Code.

B. A violation of this section shall be fined by a bail of thirty dollars and a penalty assessment of five dollars for each occurrence.

(Ord. 918 § 9, 1992: Ord. 828 § 1, 1982)

Section 79.114(e) Underground Tanks Out of Service One Year of the Uniform Fire Code is hereby amended to read as follows:

"Any underground tank which has been abandoned for a period of one year shall be either removed from the ground and the hole properly filled or such tank may be tested and placed back in service provided such tank is certified serviceable."

Section 79.601(E) Used Tanks of the Uniform Fire Code is hereby amended to read as follows:

"Used tanks shall not be installed within the City limits."

Section 79.1206(A) Parking on Thoroughfare of the Uniform Fire Code is hereby amended to read as follows:

"A tank vehicle shall not be left unattended at any time within the City limits."

Section 79.1206(B) Parking Off Thoroughfare of the Uniform Fire Code is hereby amended to read as follows:

"A tank vehicle shall not be parked on any street, highway, avenue, alley, empty lot, private property, parking lot and/or area within the City limits of the City. A tank vehicle shall be defined as defined in Section 9.122 of the Uniform Fire Code except that a tank vehicle may park in an approved designated tank vehicle truck parking area located on West Second Street in the New River Bottom area."

(Ord. 884 § 15, 1987)