Whittier Municipal Code Ch. 15.32 Use of Tents and Commercial Trailers

The following shall have the meanings used in this chapter:

A. "Occupancy" means the purpose for which a tent or trailer is used or intended to be used.

B. "Place of assemblage" means and includes any circus, sideshow, carnival, tent show, theater, skating rink or any other exhibition, production, engagement or offering, or other place of assemblage in or under which ten or more persons gather for any lawful purpose.

C. "Tent" is defined as any structure or enclosure constructed of canvas or other combustible fabric or any other material that is more conductive to the rapid spread of fire than one-inch nominal thickness Oregon pinewood.

D. "Trailer" means a vehicle with or without motive power which is designed for human habitation and which contains plumbing, heating or electrical equipment. Trailers permitted under this chapter must comply with state construction requirements and bear the seal of approval of the State Division of Housing.

(Prior code §§ 8120.1—8120.4; Ord. No. 3143, § 20, 12-13-22)

The temporary use of tents and trailers in the city on property zoned for commercial or manufacturing purposes is permitted when a permit therefor has been granted as provided in this chapter and upon the regulations and conditions set forth in this chapter.

(Prior code § 8120; Ord. No. 3143, § 20, 12-13-22)

A. Prior to the erection of any tent, or location of any trailer on property for the uses set forth in this chapter, an application shall be filed with the building and safety division and a fee paid in an amount set by the city council. The application shall be in such form and contain such information as is required by the building and safety division. It shall be verified by the applicant. When the application and property to be occupied has been checked for compliance with the provisions of this chapter and all conditions have been met, the applicant will be granted a permit in writing.

B. No tent or trailer may be used, occupied or maintained until a permit has been granted by the director of building and safety.

(Prior code § 8120.18; Ord. No. 3107, § 2, 12-10-19; Ord. No. 3143, § 20, 12-13-22)

For the purpose of these regulations, the inspection authority shall be the director of building and safety, or the county fire chief, or their legally constituted deputies.

(Prior code § 8120.8; Ord. No. 3143, § 20, 12-13-22)

No person shall use, establish, maintain or operate a place of occupancy, or a place of public assemblage in any tent, other fabric enclosure or trailer unless erection, treatment, location, maintenance, operation and all other conditions and requirements of this chapter are complied with.

(Prior code § 8120.5; Ord. No. 3143, § 20, 12-13-22)

A. A trailer may be used and occupied by not more than two people at any one time, provided the occupants are acting in the capacity of security personnel in connection with Christmas tree sales, fireworks sales or other similar commercial ventures requiring a security guard.

B. A trailer may be used and occupied by a charitable or eleemosynsary association or corporation to disseminate information or provide a service to the general public where no charge is made for any service rendered.

C. Such use and occupancy as provided in subsections A and B of this section may occur for not to exceed thirty days in any calendar year, provided that the director of building and safety issues a permit prior to any such use or occupancy.

D. In addition to those uses provided for in subsections A and B of this section, a commercial trailer may be used on any C- or M-zoned property:

1. The use of the trailer shall be limited to those functions normally associated with the construction of a new building. Such functions may include a construction office, storage facility, or a sales or leasing office. All such uses shall relate exclusively to the lot whereon the trailer is located; and

2. The use shall be permitted only during such periods as active construction work is under way on a building or structure authorized by a valid building permit. No such use shall continue for a period of more than one hundred eighty days, except that the director may, upon written request by the permittee, approve an extension of up to one hundred eighty days. No more than one extension may be granted for such use; and

3. The trailer shall bear the insignia of the Department of Housing and Community Development of the state, indicating approval for the intended use; and

4. Prior to the use or occupancy of any commercial trailer for a use as described herein, the applicant shall provide to the director such information as he/she deems necessary to determine whether the use should be permitted; and

5. Any commercial trailer permitted under the conditions described herein shall be removed prior to the issuance of a certificate of occupancy for the building under construction; and

6. The director shall refuse the issuance of a permit hereunder if he/she finds:

a. That the location or appearance of the trailer will result in an interference with the peaceful and possession of adjacent property, and/or

b. That the issuance of the permit would result in a serious threat of injury.

(Ord. 2312 § 1, 1983: prior code § 8120.6)

(Ord. No. 3112, § 2, 2-25-20; Ord. No. 3143, § 20, 12-13-22)

A. The aggregate width of exits from any tent shall not be less than one foot for each fifty persons.

B. No exit shall be less than thirty-six inches wide and seven feet high.

C. Exits shall be spaced at approximately equal intervals around the perimeter of the tent and shall be so located that no point in the seating area is more than one hundred feet from an exit.

D. Exit signs shall be provided as required by the inspection authority.

E. Exits shall be provided in accordance with the following table:

F. The inspection authority may require additional exits if, in his/her opinion, public peace, health and safety require the same.

(Prior code § 8120.16)

(Ord. No. 3112, § 2, 2-25-20; Ord. No. 3143, § 20, 12-13-22)

Any tent having an occupant load of two hundred or more shall be provided with illuminated exit signs. The electrical energy supplying these signs shall be separate from the normal lighting source.

(Prior code § 8120.17; Ord. No. 3143, § 20, 12-13-22)

A. Tents shall be located not less than ten feet from any property line or permanent structure except where the property line is a street or alley.

B. Tents having floor area in excess of fifteen hundred square feet but less than fifteen thousand square feet shall be located not less than thirty feet from any other tent or structure.

C. Tents having an area in excess of fifteen thousand square feet shall be located not less than fifty feet from any other tent or structure.

D. Tents may be joined together by means of corridors, but such corridors shall be open to the sky. On each side of such corridor and directly opposite each other, there shall be provided openings equivalent to the width of the corridor. Such openings shall be left entirely open and clear of any obstruction.

E. An unobstructed passageway not less than six feet in width and free from guy ropes or other obstruction shall be maintained on all sides of all tents having an area of more than fifteen hundred square feet, but less than fifteen thousand square feet. If the area of the tent exceeds fifteen thousand square feet, or if the seating capacity exceeds one thousand persons, the unobstructed areaway shall be not less than ten feet in clear width.

F. The distance between tents, or tents and other structures, shall be measured from side wall to side wall.

G. Where conditions make it impossible to provide the required distance between tents as specified in subsections B and C, the inspection authority may approve the locating of tents closer than that specified if required passageways are provided, and in his/her opinion adequate safety will be afforded.

(Prior code § 8120.9)

(Ord. No. 3112, § 2, 2-25-20; Ord. No. 3143, § 20, 12-13-22)

Tents and their appurtenances shall be adequately roped, braced and anchored to withstand the elements of weather against collapsing.

(Prior code § 8120.10; Ord. No. 3143, § 20, 12-13-22)

A. The side walls, drops and top of all tents shall be treated with a fire-retardant solution that will, to the satisfaction of the inspection authority, withstand the fire test as provided in Title 19 of the California Administrative Code. All bunting and other flammable decoration or effects, and sawdust when used on floors or passageways shall likewise be treated with a flame-retardant solution.

B. An affidavit or affirmation signed by the person in charge of the tent shall be posted and retained on the premises on which the tent is located, attesting to the following information relative to the flame-retardant treatment of the fabrics:

1. Date fabric was last treated with flame-retardant solution;

2. Trade name of kind of chemical used in treatment;

3. The name of the person or firm treating the material;

4. The name and address of the owners of the tents.

B. A copy of the affidavit or affirmation shall be filed with the inspection authority before the tent is used.

(Prior code § 8120.11; Ord. No. 3143, § 20, 12-13-22)

Fire extinguishers and other protective equipment shall be provided in every tent as required by the inspection authority.

(Prior code § 8120.13; Ord. No. 3143, § 20, 12-13-22)

A. The owners or operators of any assemblage tent shall provide a qualified firefighter in every such tent having a capacity of five hundred persons and one additional firefighter for each one thousand additional persons. The firefighter shall be on duty in the tent at all times when the tent is open to the public. He/she shall be proficient in the handling of fire extinguishers and equipment and shall be familiar with all required fire and panic safety regulations. The firefighter shall be approved by the county fire chief.

B. The director of building and safety may waive or modify this requirement if in his/her opinion such guards are not necessary in the interest of the public safety and welfare.

(Prior code § 8120.14)

(Ord. No. 3112, § 2, 2-25-20; Ord. No. 3143, § 20, 12-13-22)

A. Smoking shall not be permitted in any tent, nor in any adjacent areas where any flammable material is kept or stored. "No Smoking" signs shall be conspicuously posted in all tents open to the public.

B. No fireworks, open flame or any device emitting flame or fire shall be used in or immediately adjacent to any tent, except upon special permission from the inspection authority.

C. Toy balloons or other similar devices that are inflated with poisonous, explosive or flammable gas shall not be permitted in or upon the premises adjacent to any tent.

(Prior code § 8120.12; Ord. No. 3143, § 20, 12-13-22)

Any unforeseen condition that presents a fire hazard, or would contribute to the rapid spread of fire, or would delay or interfere with the rapid exit of persons from the tents, or would interfere with or delay the extinguishment of a fire, and which is not otherwise covered by these rules and regulations, shall be immediately abated, eliminated, or corrected as ordered by the inspection authority.

(Prior code § 8120.15; Ord. No. 3143, § 20, 12-13-22)