[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 288, 496, 523, 691, 777, 800, 816, 831, 843, 957,
1001, 1055, 1110, 1157, 1195 and 1220-13.
[Ord. No. 1244-16; amended 12-2-2019 by Ord. No. 1265]
A certain document, one copy of which is on file in the office of the Building Official being marked and designated as the California Fire Code, 2019 edition, including Appendix Chapter 4, B, BB, C, CC, D, E, F, G, I and K and Division II Administration as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Oakdale, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Building Official are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertion, deletions and changes, if any, prescribed in § 12-9 of this chapter.
[Ord. No. 1244-16; amended 12-2-2019 by Ord. No. 1265]
The geographic limits referred to in certain sections of the
2019 California Fire Code are hereby established as follows:
Section 5704.2.9.6.1, Geographic limits in which the storage
of Class I and Class II liquids in aboveground tanks outside of buildings
is prohibited in all zones except General Commercial (C-2), Limited
Industrial (L-M), Light Industrial (M-1), and Heavy Industrial (M-2).
Section 5706.2.4.4, Geographic limits in which the storage of
Class I and Class II liquids in above-ground tanks is prohibited:
In all zones except General Commercial (C-2), Limited Industrial (L-M),
Light Industrial (M-1), and Heavy Industrial (M-2). Construction of
new bulk plants are prohibited, in all zones except zone Limited Industrial
(L-M).
Section 5806.2, Storage of flammable cryogenic fluids in stationary
containers outside of buildings is prohibited within the limits established
by law: In all zones except General Commercial (C-2), Limited Industrial
(L-M), Light Industrial (M-1), and Heavy Industrial (M-2).
Section 6104.2, The incorporated boundary within the City of
Oakdale.
[Ord. No. 1244-16; amended 12-2-2019 by Ord. No. 1265]
Ordinance No. 1244 of City of Oakdale entitled Chapter 12, Fire Protection, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
[Ord. No. 1244-16; amended 12-2-2019 by Ord. No. 1265]
If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason, held to be unconstitutional; such decision
shall not affect the validity of the remaining portions of this chapter.
The City Council of the City of Oakdale hereby declares that it would
have passed this chapter, and each section, subsection, clause or
phrase thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses and phrases be declared unconstitutional.
[Ord. No. 1244-16; amended 12-2-2019 by Ord. No. 1265]
Nothing in this chapter or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 12-4 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
[Ord. No. 1244-16; amended 12-2-2019 by Ord. No. 1265]
The City of Oakdale City Clerk is hereby ordered and directed
to cause this chapter to be published.
[Ord. No. 1244-16; amended 12-2-2019 by Ord. No. 1265]
This chapter and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect on January 1, 2020, from and after
the date of its final passage and adoption.
[Ord. No. 1244-16; amended 12-2-2019 by Ord. No. 1265]
Findings and Adoption of the 2019 California Fire Code
The City Council of the City of Oakdale hereby finds and determines
that the International Code Council is a private organization, which
has been in existence for at least three years; that the California
Fire Code, 2019 Edition, and 2019 California Fire Code Standards,
published by said organization, are nationally recognized compilation
of proposed rules, regulations, and standards of said organization;
that said 2019 California Fire Code and Fire Code Standards have been
printed and published as a code in book form within the meaning of
Section 50022.2 et seq. of the Government Code; that one copy of the
2019 California Fire Code and one copy of the International Fire Code
Standards, certified by the Clerk to be true copies, have been filed
for use and examination by the public in the office of the Building
Official; that the sections of said 2019 California Fire Code and
California Fire Code Standards may be referred to by the number used
in said published compilation, preceded by the words "California Fire
Code Section," or "Fire Code Section," and may also be referred to
by additional reference to Municipal Code and sections therein pertaining
to said 2019 California Fire Code and Fire Code Standards; and that
the additional requirements and standards established herein are needed
to properly protect the health, safety, and welfare of the existing
and future residents and workers of the City of Oakdale. Said requirements
and standards are reasonably necessary because of local climatic,
geological, and topographical conditions, and comply with existing
state laws and regulations.
Amendment of the 2019 California Fire Code is necessary so as
to provide more stringent standards for fire extinguishing systems,
fire hazard and hazardous materials controls necessary to serve the
public interest by reducing the risk to life and property of the citizens
of City of Oakdale because of the following local conditions:
(a) Summer weather conditions are very dry, hot and windy, causing
ordinary combustibles to be easily ignited and fires to be fast-spreading;
(b) Very dense fog conditions occur in winter. Reduced visibility
causes delays in fire response;
(c) Fire response is delayed by railroad tracks.
THEREFORE, for the above reasons taken individually and cumulatively
and in accordance with the authority granted in Sections 17958.5 and
17958.7 of the California Health and Safety Code, the Council of the
City of Oakdale expressly finds there are local climatic and topographical
conditions that make the increased fire protection requirements set
forth in this article reasonably necessary.
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CHAPTER 1
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ADMINISTRATION
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SCOPE AND GENERAL REQUIREMENTS
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Title.
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Section 101.1 of the 2019 California Fire Code is hereby
amended to read as follows:
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These regulations shall be known as the Fire Code of City of
Oakdale, hereinafter referred to as "this code."
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CHAPTER 1
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ADMINISTRATION
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DEPARTMENT OF FIRE PREVENTION
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General
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Section 103.1 of the 2019 California Fire Code is hereby
amended to read as follows:
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There is hereby established in this jurisdiction a Fire Prevention
Division which shall be under the administrative and operational control
of the Building Official and/or Fire Code Official, who shall be appointed
by the City Manager and shall have the authority granted in this chapter
and in the Fire Code adopted by the City of Oakdale.
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Appointment
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Section 103.2 of the 2019 California Fire Code is hereby
amended to read as follows:
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The Building Official and/or Fire Code Official shall be appointed
by the City Manager of the jurisdiction.
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CHAPTER 1
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ADMINISTRATION
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PERMITS
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Information on Construction Documents
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Section 105.4.2.2 of the 2019 California Fire Code is
hereby added to read as follows:
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New construction projects shall be required to submit an 8 1/2
inch by 11 inch document and an electronically submitted "detail"
page for emergency responder data files for approval by the Building
Official and/or Fire Code Official before final inspection. Detail
page shall include a site plan showing:
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a. Property, site layout.
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b. Roads, fire access lanes, and building access
points.
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c. Premises identification (address, building identification,
suites, room numbers, etc.).
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d. Fire hydrant and Fire Department connection
(FDC) locations.
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e. Knox product locations.
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f. Fire alarm control locations.
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g. Fire riser locations.
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h. Hose valve locations.
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i. Main electrical and main gas disconnect locations.
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j. Hazardous materials storage.
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Permit Required for Certain Operations.
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Section 105.6.15 of the 2019 California Fire Code is hereby
deleted
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CHAPTER 1
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ADMINISTRATION
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FEES
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Fees.
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Section 106.2 of the 2019 California Fire Code is hereby
amended to read:
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The City Council of the City of Oakdale may, by resolution adopted
from time to time, set a fee for any permit issued pursuant to the
Fire Code.
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Plan Check Fee.
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Section 106.2.1 of the 2019 California Fire Code is added
to read:
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When a plan is required to be submitted the plan-checking fee
shall be paid at the time of submitting plans and specifications for
checking. Where plans are incomplete, or changed so as to require
an additional plan check, an additional plan-check fee shall be charged
at a rate shown in a schedule setting forth fees as adopted from time
to time by resolution of the City of Oakdale.
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CHAPTER 1
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ADMINISTRATION
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BOARD OF APPEALS
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Appeals.
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Section 109.1 of the 2019 California Fire Code is hereby
amended to read as follows:
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An applicant may appeal the decision of the Building Official
and/or Fire Code Official to the City of Oakdale City Manager or his/her
designee within 30 days from the date of the decision being appealed
whenever the Building Official and/or Fire Code Official:
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1. Disapproves an application for use of alternate materials,
methods and/or types of construction;
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2. Disapproves an application for permit or refuses to grant
a permit applied for;
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3. When it is claimed that the provisions of the code do not
apply; or
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4. That the true intent and meaning of the code have been misconstrued
or wrongly interpreted.
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CHAPTER 1
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ADMINISTRATION
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VIOLATIONS
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Compliance with Orders, Notices and Tags.
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Section 110.4 of the 2019 California Fire Code is hereby
amended to read as follows:
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It shall be unlawful for any person to violate any provision
or to fail to comply with any of the requirements of this chapter.
A violation of any of the provisions or failing to comply with any
of the mandatory requirements of this chapter shall constitute a misdemeanor,
except that notwithstanding any other provision of this code, any
such violation constituting a misdemeanor under this code may, in
the discretion of the City of Oakdale Attorney, be charged and prosecuted
as an infraction. Any person convicted of a misdemeanor under the
provisions of this chapter, unless provision is otherwise herein made,
shall be punishable by a fine of not more than $1,000 or by imprisonment
in the county jail for a period of not more than six months, or by
both fine and imprisonment. Any person convicted of an infraction
under the provisions of this code, unless provision is otherwise herein
made, shall be punishable by a fine only as follows: Upon a first
conviction, by a fine of not exceeding $250 and for a second conviction
or any subsequent conviction within a period of one year, by a fine
of not exceeding $500.
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Each such person shall be charged with a separate offense for
each and every day during any portion of which any violation of any
provision of this code is committed, continued or permitted by such
person and shall, upon conviction, be punished accordingly.
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Administrative Penalties
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Section 110.5 of the 2019 California Fire Code is hereby
added to read as follows:
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In addition to any other remedies set forth in this chapter,
administrative penalties may be imposed against any person, as defined
in Section 110.5 of this Code, for violating any of the requirements
set forth in this chapter. Any administrative penalties assessed shall
be as follows:
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(a) For violations of this Code, possession, sale, use or discharge
of dangerous fireworks, the administrative penalty shall be $500 for
each specific act found to be in violation of that section.
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CHAPTER 1
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ADMINISTRATION
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STOP-WORK ORDER
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Failure to comply
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Section 112.4 of the 2019 California Fire Code is amended
to read:
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Any person who shall continue any work after having been served
with a stop-work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be liable
to a fine of not less than $500 or more than $1,000.
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CHAPTER 1
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ADMINISTRATION
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SERVICE UTILITIES
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Authority to disconnect service utilities.
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Section 113.1 of the 2019 California Fire Code is hereby
amended to read:
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The Building Official and/or Fire Code Official shall have the
authority to authorize disconnection of utility service to the building,
structure or system in order to safely execute emergency operations
or to eliminate an immediate hazard. The Building Official and/or
Fire Code Official shall notify the serving utility and, where possible,
the owner or the owner's authorized agent and the occupant of
the building, structure or service system of the decision to disconnect
prior to taking such action. If not notified prior to disconnection,
then the owner, the owner's authorized agent or occupant of the
building, structure or service system shall be notified in writing
as soon as practical thereafter.
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CHAPTER 3
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GENERAL REQUIREMENTS
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COMBUSTIBLE WASTE MATERIAL
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Vegetation.
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Section 304.1.2 of the 2019 California Fire Code is hereby
amended to read:
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Vegetation abatement shall comply with the City of Oakdale Municipal
Codes. The City of Oakdale may recover from the property owner those
costs associated with the suppression costs incurred in fighting a
fire and for providing rescue or emergency medical services should
a fire occur on said property after the owner has been notified to
abate such public nuisance and has failed to do so.
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General Requirements: Open Burning, Recreational Fires
and Portable Outdoor Fireplaces
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Open Burning.
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Section 307.1 of the 2019 California Fire Code is hereby
amended by adding the following:
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No person shall kindle, conduct, or maintain any burning of
grass, weeds, agricultural trimmings, or other combustibles or authorize
any such fire to be kindled, conducted, or maintained without a permit
as required by the San Joaquin Valley Unified Air Pollution Control
District and compliance with all safeguards pursuant thereto. Any
such permitted burning shall be restricted to agricultural purposes
and confined to areas in the City of Oakdale which agricultural uses
are lawful.
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CHAPTER 3
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GENERAL REQUIREMENTS
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VEHICLE IMPACT PROTECTION
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Posts.
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Section 312.2 of the 2019 California Fire Code is hereby
amended to read as follows:
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Guard posts or other approved means shall be provided to protect
storage tanks and connected piping, valves and fittings; dispensing
areas; and use areas subject to vehicular damage. When guard posts
are installed, the posts shall be:
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1. Constructed of steel not less than six inches in diameter
and concrete-filled;
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2. Spaced not more than three feet between posts on center;
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3. Set not less than three feet deep in a concrete footing of
not less than a fifteen-inch diameter;
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4. Set with the top of the posts not less than three feet above
ground; and
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5. Located not less than five feet from the protected object.
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CHAPTER 4
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EMERGENCY PLANNING AND PREPAREDNESS EMERGENCY PREPAREDNESS
REQUIREMENTS
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Fire Safety and Evacuation Plans.
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Section 404.1.1 of the 2019 California Fire Code is hereby
added to read:
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Buildings greater than 100,000 square feet. An approved fire
safety and evacuation plan in accordance with Section 403 shall be
prepared and maintained for buildings greater than 100,000 square
feet in aggregate floor area.
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CHAPTER 5
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FIRE SERVICE FEATURES
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FIRE PROTECTION WATER SUPPLIES
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Water Supplies and Fire Hydrants.
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Section 507.5.1 of the 2019 California Fire Code is hereby
amended to read as follows:
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Required water supply for fire protection. An approved water
supply capable of supplying the required fire flow for fire protection
shall be provided to premises upon which facilities, buildings or
portions of buildings are hereafter constructed or moved into or within
the jurisdiction. When any portion of the facility or 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 faculty or
building, on-site fire hydrants and mains capable of supplying the
required fire flow shall be provided when required by the Building
Official and/or Fire Code Official and/or Chief.
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Fire hydrants shall be located on the supply side of the fire
suppression system check valve.
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Fire hydrants shall be accessible to the Fire Department apparatus
by roads meeting the requirements of Section 503.1 and Appendix D.
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Exception: For Group R-3 and Group U occupancies
equipped throughout with an approved automatic sprinkler system installed
in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the
distance requirement shall be not more than 500 feet.
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CHAPTER 9
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FIRE PROTECTION SYSTEMS
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FIRE ALARM AND DETECTION SYSTEMS
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Supervision and Communication System
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Section 907.2 of the 2019 California Fire Code is hereby
amended by adding the following:
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A certificate from Underwriters Laboratories (UL) shall be required
on all commercial fire alarm systems installed after the effective
date of this ordinance. UL certification is required to be maintained
for commercial fire alarm systems throughout the life of the alarmed
building.
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Section 907.2.1.4 of the 2019 California Fire Code is
hereby added to read as follows:
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Supervision. Places of assembly shall be under
the constant supervision of a competent adult on the premises during
the time that the premises are open to the public.
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Communications. When required by the Building Official
and/or Fire Code Official and/or Chief, places of assembly shall be
provided with a method for notify the Fire Department in the event
of an emergency. Such method can consist of a telephone, an alarm
system connected to the Fire Department or other approved agency,
or other approved means. Methods of notifying the Fire Department
shall be readily available to the public.
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False Alarms.
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Section 907.8.5 of the 2019 California Fire Code is hereby
added to read as follows:
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False alarms shall not be given, signaled or transmitted or
caused or permitted to be given, signaled or transmitted. The City
of Oakdale may adopt by resolution reasonable fees to recover the
costs associated with responses to building or structures that have
excessive false alarms.
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CHAPTER 50
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HAZARDOUS MATERIALS
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GENERAL PROVISIONS
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Hazardous Materials Permits.
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Section 5001.5.3 of the 2019 California Fire Code is added
to read:
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Key box. When required by the Building Official
and/or Fire Code Official and/or Chief, an approved key box, sized
to contain emergency information, shall be provided.
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Deposits of Hazardous Materials; Cleanup, Abatement, or
Mitigation Required; Liability for Costs.
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Section 5003.3.1.4 of the 2019 California Fire Code is
hereby amended to read as follows:
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Responsibility for Cleanup. The person, firm or
corporation responsible for an unauthorized discharge shall institute
and complete all actions necessary to remedy the effects of such unauthorized
discharge, whether sudden or gradual, at no cost to the jurisdiction.
When deemed necessary by the City Manager and/or Fire Code Official
and/or Chief, cleanup may be initiated by the Fire Department or by
an authorized individual or firm. Costs associated with such cleanup
shall be borne by the owner, operator or other person responsible
for the unauthorized discharge. The remedy provided by this section
shall be in addition to any other remedies provided by law.
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For purposes of this section, costs incurred by the City of
Oakdale and/or fire contract personnel shall include, but shall not
necessarily be limited to, the following: actual labor costs of City
of Oakdale personnel, and/or fire contract personnel including worker's
compensation benefits, fringe benefits, administrative overhead; cost
of equipment operation; cost of materials obtained directly by the
City of Oakdale and/or fire contract personnel; and cost of any contract
labor and materials. The authority to recover costs under this section
shall not include actual fire suppression services that are normally
or usually provided by the Fire Department.
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CHAPTER 56
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EXPLOSIVES AND FIREWORKS GENERAL
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Permit Required for Explosives.
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Section 5601.2 of the 2019 California Fire Code is amended
to read:
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When permits are required to be issued by the City of Oakdale,
the City Manager may grant the authority to the agency having enforcement
jurisdiction. Permits shall be obtained:
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1. To possess, store, sell, display or otherwise dispose of
explosive materials at any location.
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2. To transport explosive materials.
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3. To use explosive materials.
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4. To operate a terminal for handling explosive materials.
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Notice of New Storage Sites.
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Section 5603.8. of the 2019 California Fire Code is added
to read:
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When a new explosive material storage location, including a
temporary job site, is established, the local law enforcement agency
and Fire Department shall be notified immediately of the type, quantity
and location of explosive materials at the site.
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General
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Section 5604.1 of the 2019 California Fire Code is amended
to read:
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Explosive materials shall not be manufactured within the City
limits of Oakdale.
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Explosive Materials Prohibited and Limited Acts.
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Section 5604.1.2 of the 2019 California Fire Code is added
to read:
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The storage of explosives and blasting agents is restricted
to those areas of the City zoned as Heavy Industrial Zone (M-2).
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EXCEPTION:
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1. Temporary storage for use in connection with approved blasting
operations conducted in accordance with all applicable provisions
of this article.
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2. Wholesale and retail storage and display of ammunition and gunpowder shall be in accordance with Title 19 California Code of Regulations, Chapter 10.
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Manufacturing of Fireworks.
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Section 5605.1 of the 2019 California Fire Code is amended
to read:
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The manufacturing of fireworks is prohibited in the City of
Oakdale.
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Permits: Displays of Fireworks and Appeal Process.
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Section 5605.2 of the 2019 California Fire Code is amended
to read:
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Permits. The Fire Code Official and/or Chief may
grant the permit as applied for, or with condition thereto, unless
he/she finds that to do so would be contrary to the public health,
safety, or welfare. The decision of the Fire Code Official and/or
Chief shall be in writing and shall be mailed, postage prepaid, to
the applicant.
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Section 5605.2.1 of the 2019 California Fire Code is amended
to read:
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Appeals. The decision of the Fire Code Official
and/or Chief, in acting on an application for permission to conduct
a public display in accordance with the provisions of this section
may be appealed to the City Manager. Notice of an appeal of the Fire
Code Official and/or Chief's decision shall be filed by the applicant
with the City Clerk within 10 days after the date of the decision.
Upon failure to file such notice within the ten-day period, the action
of the Fire Code Official and/or Chief shall be final and conclusive.
The applicant may appeal the decision of the City Manager to the City
Council by filing a notice of appeal to the City Clerk within 10 days
after the date of the City Manager's decision. Upon failure to
file such notice within the ten-day period, the action of the City
Manager, or his/her designee, shall be final and conclusive.
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Section 5605.3 of the 2019 California Fire Code is hereby
amended to read as follows:
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Fee. A nonrefundable fee as established by resolution
of the City Council from time to time shall accompany every application
for permission to conduct a public display of fireworks.
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Section 5605.4 of the 2019 California Fire Code is hereby
amended to read as follows:
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Sales. It shall be unlawful to engage in the sale
of "Safe and Sane" fireworks in the City of Oakdale without first
having secured a permit to do so.
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(1) The total number of sales permits issued in any given year
shall be limited to one per each 2,500 population or portion thereof.
The sales permits will be limited to a total of those issued in 1999
- 15. No additional permits will be issued until the population exceeds
the limited amount.
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(2) Sales permits for the sale of "Safe and Sane" fireworks
in the City of Oakdale shall be issued only to local nonprofit organizations.
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(A) A "nonprofit organization" shall mean any nonprofit association,
club, or corporation organized for veteran, patriotic, welfare, religious,
civic betterment, youth or charitable purposes, as defined by Section
501(c) of the Internal Revenue Code of the United States, or affiliated
with a public school located within the city limits of Oakdale. Each
new organization shall provide the City with a copy of their letters
of incorporation as proof of their nonprofit status. Existing organizations
shall submit verification of current corporation status from the State
of California Secretary of State's Office. Those organizations
that are an integral part of a recognized national organization having
tax exempt status must provide IRS written verification of such status.
All applications will be subject to additional verification with the
State of California and IRS if nonprofit status comes into question.
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(B) Public school organizations shall provide current written
verification of affiliation from the school each year.
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(C) A "local nonprofit organization" must have its principal
and permanent meeting place in the City of Oakdale. The organization
must have obtained nonprofit status and have been organized and established
in the City of Oakdale for a minimum of one continuous year preceding
the filing of the application for permit. The organization must also
have a bona fide membership of at least 10 members who reside in the
City of Oakdale, which will be verified each year. Applications shall
be signed by two bona fide officers of the eligible organization,
wherein the officer, on behalf of the organization and its agents,
agrees to abide by state laws, administrative regulations, and all
stipulations of this Code and the permit if permission to operate
a fireworks stand is granted to the organization.
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(D) If any of the above items fail to be met at the time of
application, the organization's application shall be denied.
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(3) Sales permits for retail sales of "Safe and Sane" fireworks
in the City of Oakdale issued pursuant to provision of this Code are
not transferable by the holder of the permit. The sales permits may
be used only by the organization to which they are issued. Violations
will result in the immediate loss of the organization's sales
permit.
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(4) All applications for sales permits shall be in writing to
the Fire Code Official and/or Chief on forms supplied by the Fire
Department. Applications may only be filed during normal business
hours from April 1 of each year up to and including April 30 of the
same year, at which time the filing period for that year will close.
A separate sales permit shall be required for each proposed location
of a fireworks stand. Each organization may file an application for
one sales permit for which there is only one tax ID number.
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(5) Applications shall set forth the proposed location of the
fireworks stand including the nine-digit parcel number (APN) of the
Stanislaus County Assessor, a site map, and other information as may
be required by the Fire Code Official and/or Chief.
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(6) Applicants for sales permits shall be notified by May 15
of each year by the Fire Code Official and/or Chief of approval or
disapproval of such application. Sales permits will be issued after
final inspection of the stand reveals compliance with all state and
local regulations. Organizations shall not open for sales prior to
the final inspection of their stand.
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(7) Every application shall be accompanied by proof of insurance
as specified in Section 3-1.128. Other items required at the time
of application will be the organization's verification of eligibility
as stated in 2(A) above, list of bona fide members, and current written
permission signed by the property owner of record (with respect to
lessee permission, approval shall be in the sole discretion of the
Fire Code Official and/or Chief) to sell fireworks at that location.
Organizations representing public schools, as stated in 2(B) above,
require written verification from the school of their affiliation.
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(8) Any local nonprofit organization as defined herein may make
application for a sale permit but pre-approved (continuously permitted
since 1999) organizations will have first option for a permit.
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(A) When additional sales permits are authorized and all current
pre-approved organizations have applied for such permits, a lottery
will be held to fill any vacancies.
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(B) This lottery will be held on the first day following the
last day of the filing period specified in Paragraph (4) and will
include the names of all new local nonprofit organizations that have
filed a complete application within the said filing period. If first
day following the last day of the filing period falls on a weekend,
the lottery will be held on the next business day.
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(C) One organization will be drawn for each available vacancy.
If the organization whose name is drawn declines the permit, another
name will be drawn until each vacancy is filled.
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(D) Any organization having an approved application that fails
to open their stand for that sales year will automatically forfeit
their permit and a new organization will be chosen the following year
provided a permit is available.
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Sales, Storage, Use and Handling of Fireworks.
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Section 5605.5 of the 2019 California Fire Code is hereby
amended by adding the following:
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5605.5 General. Sales, storage, use, and handling
of fireworks shall be in accordance with this section.
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1. Sales. Retail sale or display with the intent
to sell fireworks is limited to State of California Fire Marshal approved
and labeled "Safe and Sane" fireworks within the City of Oakdale by
State of California licensed retailers, provided a permit to sell
those fireworks has been approved and obtained from the Fire Code
Official and/or Chief. Fireworks may be sold or offered for sale from
12:00 noon to 10:00 p.m. on June 28; 9:00 a.m. to 10:00 p.m. on June
29 through July 5; and 9:00 a.m. to 12:00 noon on July 6.
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The storage of fireworks within the City of Oakdale is limited
to State of California Fire Marshal-approved and labeled "Safe and
Sane" fireworks by State of California licensed wholesalers and retailers.
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(1) Wholesale Storage. Wholesalers may store "Safe
and Sane" fireworks within the City of Oakdale solely during the period
of June 1 through July 31 of each year. Storage facilities shall comply
with H1 occupancy classification requirements as defined by the Uniform
Building Code.
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(2) Retailers Storage. Retailers may store "Safe
and Sane" fireworks within the City of Oakdale solely during the period
of June 22 through July 15 of each year. "Safe and Sane" fireworks
that are not being sold or displayed with the intent to sell shall
be stored solely in the following manner:
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(A) Within the permitted fireworks stand with a responsible
adult on the premises at all times.
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(B) In a completely enclosed and locked utility type trailer
constructed of 1/4-inch plywood or other approved noncombustible material.
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(C) In a completely detached garage on residential property
with a minimum ten-foot clearance from other structures or property
lines, there shall be no open-flame or spark-producing equipment,
or Class 1 flammable liquids stored or used within in the garage.
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(D) Fireworks shall not be stored within 40 feet of any building
classified or used as a public or private school, day-care facility,
residential care facility, hospital, place of detention, public oil/gas
station, or public garage, or any place of public assembly that can
accommodate 50 or more persons.
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(E) In an approved and permitted fireworks warehouse.
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(3) Temporary Fireworks Stands.
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(1) All retail sales of "Safe and Sane" fireworks shall be permitted
only from within a temporary fireworks stand and sales from any other
building or structure is hereby prohibited.
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(2) City Business License, Fire Department Permit and State
License shall be displayed in the fireworks stand during hours of
operation.
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(3) Temporary fireworks stand shall not be set up before application
for permit has been approved nor earlier than June 14.
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(4) The fireworks stands shall be located at least 20 feet from
other structures.
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(5) Zoning of property, in which the fireworks stand will be
located, shall be in limited to C-1, and C-2 Zones.
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(6) Fireworks shall not be stored, sold, offered for sale, or
discharged within 100 feet of a location where gasoline, LPG, other
Class 1 flammable liquids or flammable gasses are stored or dispensed.
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(7) All unsold stock and accompanying litter shall be removed
from the location by 5:00 p.m. on the sixth day of July.
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(8) The fireworks stand shall be removed from the temporary
location by 12:00 noon on the 12th day of July, and all accompanying
litter shall be cleared from said location by said time and date.
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(9) A penalty of $100 per day will be assessed to the permittee
of any fireworks stand not removed by 12:00 noon on the 12th day of
July.
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(4) Safety Precautions.
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(1) No person under the age of 18 shall sell, or handle for
sale, any classification of fireworks.
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(2) No person under the age of 18 shall purchase or be allowed
to purchase any classification of fireworks.
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(3) Smoking, open-flame, and spark-producing equipment shall
be prohibited for a distance of 20 feet around any fireworks stand.
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(4) Dry grass, weeds, trash, and other combustible material
shall be removed for a distance of 20 feet around any fireworks stand.
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(5) Fireworks shall not be discharged within 50 feet of a fireworks
stand.
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(5) Stand Construction.
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(1) Merchandise may be displayed in approved glass-enclosed
counters or showcases; or
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(2) Merchandise may be displayed in stands constructed in the
following manner:
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(A) Walls and roof shall be of plywood at least one-fourth-inch
thick or of an approved noncombustible material.
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(B) The stand shall be provided with a roof.
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(C) Walls shall extend to a minimum height of six feet eight
inches on at least three sides. These three sides shall be without
openings, except for an exit door.
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(D) An exit door with a minimum size of 24 inches in width and
six feet in height shall be provided in each stand. Exits shall be
maintained clear and unobstructed at all times.
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(E) The front wall of the stand shall provide a physical barrier
not less than 18 inches in height between the public and the merchandise
on display.
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(F) Approved "NO SMOKING" signs shall be prominently displayed
in and on the stand.
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(G) Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs
shall be prominently displayed in the stand.
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(H) An approved fire extinguisher having a minimum U.L. classification
of 2A shall be located in the stand, near the exit and readily accessible.
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(I) Sellers of fireworks shall comply with all rules and regulations
of Title 19 of the California Code of Regulations and with the rules
and regulations of the Fire Code Official and/or Chief.
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(J) Stands will be limited to 24 feet by eight feet or 192 square
feet in size. Pre-existing stands as identified by the fireworks suppliers
shall retain the right to operate their oversized stands, without
change, until said stand or organization forfeits or loses their operating
permit. A copy of said list shall remain on file with the Fire Code
Official and/or Chief.
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(6) Operation of Fireworks Stand Only by Permittee.
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(1) It is unlawful for the permittee organization to allow any
person or entity other than the permittee organization to operate
the fireworks stand for which the permit is issued, whether by agreement,
assignment or otherwise, or to otherwise participate in the profits
of the operation of such fireworks stand. Violations will result in
the immediate loss of the organization's permit.
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(2) It is unlawful for a nonprofit organization to allow any
person other than the individuals who are members of the permittee
organization, their spouses or adult children, or volunteers to whom
no compensation is paid, to sell or otherwise participate in the sale
of fireworks at such fireworks stand.
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(3) It is unlawful for a nonprofit organization to pay any consideration
to any person for selling or otherwise participating in the sale of
fireworks at such fireworks stand, except the hiring of a night watchman
or security officer.
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Revocation of Permit and Seizure of Fireworks.
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Section 5605.6 of the 2019 California Fire is hereby amended
by adding the following:
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The Fire Code Official and/or Chief, or his/her designee, may
revoke, immediately and without notice or hearing, the "Safe and Sane"
fireworks sales permit of any location or organization when any of
the provisions of Sections 5605.2, 5605.4, 5605.5 are violated. The
Fire Code Official and/or Chief shall inform the permittee that permittee
may seek review of the Fire Code Official and/or Chief's decision,
by the City Manager, on the next business day. At the earliest opportunity
on the next business day after revocation, the Fire Code Official
and/or Chief shall provide the City Manager with written notice that
a fireworks sales permit has been revoked, including the name of the
permittee and a brief statement of the grounds for revocation. If
requested by the permittee, the City Manager, or his/her designee,
shall meet with the permittee and the Fire Code Official and/or Chief,
or his/her designee, that day to review the Fire Code Official and/or
Chief's decision. The decision of the City Manager shall be final.
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Revocation of Permit and Seizure of Fireworks.
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Section 5605.6.1 of the 2019 California Fire Code is hereby
amended by adding the following:
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Revocation of any sales permit will be effective for that calendar
year.
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Fireworks Displays Insurance Required.
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Section 5605.7 of the 2019 California Fire Code is hereby
amended by adding the following:
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1. The permittee shall furnish a certificate of insurance for
each policy required, executed by the company issuing such policy.
Such policies shall contain a provision which holds the City as an
additional insured and declaring said insurance to be primary and
that no other insurance carried by an insured party shall be called
upon for contribution. Notwithstanding any other provision of this
section, the failure of the permittee to carry such insurance during
the time covered by such permit shall automatically revoke the permit
as of the date of expiration of such insurance policy or policies.
A payment of $50 shall be made to the City before any such revoked
permit may be reinstated.
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2. The permittee/licensee shall carry general liability insurance
with a minimum limit of liability per occurrence of $1,000,000 for
bodily injury and $100,000 for property damage, or $1,000,000 combined
single-limit. The certificate of insurance shall include the following
coverages and indicate the policy aggregate limit applying to: premises
and operations, broad form contractual, and products and completed
operation.
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3. The permittee/licensee shall agree to hold the City of Oakdale,
its agents, officers, employees, and volunteers harmless from and
save, defend, and indemnify them against any and all claims, losses,
liabilities, and from every cause, including but not limited to injury
to person or property or wrongful death, with the indemnity to include
reasonable attorney fees and all costs and expenses arising directly
or indirectly out of any act or omission of permittee arising out
of any activity authorized by the permit.
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4. The permittee/licensee shall provide at its own expense and
maintain at all times the specified insurance policies with insurance
companies approved by the State of California and shall provide evidence
of such insurance to the City. The policies or certificates thereof
shall provide that, 30 days prior to cancellation or material change
in the policy, notices of same shall be given to the Finance Director
of the City by registered mail, return receipt requested.
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Possession, Sales, Use or Discharge of Dangerous Fireworks.
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Section 5605.8 of the 2019 California Fire Code is hereby
amended by adding the following:
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(a) For purposes of this section, dangerous fireworks are those
fireworks specified as such in the State Fireworks Law, Section 12505
of the California Health and Safety Code, and such other fireworks
as may be determined to be dangerous by the State Fire Marshal.
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(b) It shall be unlawful for any person to possess, sell, use
or discharge dangerous fireworks, or a dangerous firework kit, unless
a permit authorizing such possession, sale, use or discharge has been
issued by the Fire Code Official and/or Chief to the person, using,
selling, discharging or found in possession of said fireworks or kits,
and unless such person is in possession of a valid pyrotechnic operator's
license issued by the Office of the State Fire Marshal. The Fire Code
Official and/or Chief may establish reasonable rules and regulations
for governing issuance of a firework permit and may issue the same
subject to payment of a fee as established by the City Council from
time to time.
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(c) The Fire Code Official and/or Chief, or designee, shall
seize, take, remove or cause to be removed, at the expense of the
owner, all stocks of dangerous fireworks offered or exposed for sale,
stored or held in violation of this chapter.
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CHAPTER 57
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FLAMMABLE AND COMBUSTIBLE LIQUIDS STORAGE
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Restricted locations of flammable and Combustible Liquids
in Tanks.
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Section 5704.2.9.6.1 of the 2019 California Fire Code
is hereby amended to read:
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Storage of Class I and II liquids in aboveground tanks outside
of buildings is prohibited in all zones except General Commercial
(C-2), Limited Industrial (L-M), Light Industrial (M-1), and Heavy
Industrial (M-2), with the exception of protected tanks designed,
installed and maintained in accordance with the 2019 California Fire
Code. The provisions of this section shall not apply to facilities
for the production, generation, or transmission of electric energy
that provide power to entities furnishing retail electrical services
to the general public within the City of Oakdale.
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Maintenance of Protected Aboveground Tanks.
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Section 5704.2.9.6.1.2 of the 2019 California Fire Code
is hereby added to read as follows at the end of the paragraph:
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Protected aboveground tanks and connected piping shall be maintained
in a safe operating condition. Protected aboveground tanks shall be
maintained in accordance with their listings. Damage to protected
aboveground tanks shall be repaired using material having equal or
greater strength and fire resistance or the protected aboveground
tank shall be replaced or taken out of service.
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Manufacture of Ethanol and Biodiesel at Residential Occupancies.
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Section 5704.3.4.2 number 7 of the 2019 California Fire
Code is hereby amended by adding:
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7.1: The manufacture and storage of biodiesel is prohibited
in residential occupancies and in U occupancies associated with residential
occupancies.
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7.2: The manufacture and storage of ethanol is prohibited in
residential occupancies and in U occupancies associated with residential
occupancies.
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Flammable and Combustible Liquids Dispensing, Use, Mixing
and Handling
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Operating Heating, Lighting, and Cooking Appliances Prohibited.
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Section 5705.3.3 of the 2019 California Fire Code is hereby
amended to include the following:
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Class II and III liquids
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Flammable and Combustible Liquids Special Operations.
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Locations where aboveground tanks are prohibited.
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Section 5706.2.4.4 of the 2019 California Fire Code is
hereby amended to read:
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Storage of Class I and II liquids in aboveground tanks is prohibited
in all zones except General Commercial (C-2), Limited Industrial (L-M),
Light Industrial (M-1), and Heavy Industrial (M-2), with the exception
of protected tanks designed, installed and maintained in accordance
with the 2019 California Fire Code. The provisions of this section
shall not apply to facilities for the production, generation, or transmission
of electric energy that provide power to entities furnishing retail
electrical services to the general public within the City of Oakdale.
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Location of Bulk Plants for Storage of Flammable and Combustible
Liquids.
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Section 5706.4 of the 2019 California Fire Code is hereby
amended to by adding the following at the end of the paragraph:
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The construction of new bulk plants for storage of flammable
or combustible liquids is restricted to areas of the City of Oakdale
zoned Limited Industrial (L-M). All existing nonconforming bulk plants
for storage of flammable or combustible liquids, which substantially
comply with the requirements of this Code, may be continued in use.
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Location - Transfer Operations.
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Section 5706.5.1.1 of the 2019 California Fire Code is hereby
amended by adding the following at the end of the paragraph:
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Tank vehicles and tank cars shall be unloaded as soon as possible
after arrival at point of delivery and shall not be used as storage
tanks. Unless otherwise approved, a tank car shall not be allowed
to remain on a siding at the point of delivery for more than 24 hours
while connected for transfer operations.
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CHAPTER 61
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LIQUEFIED PETROLEUM GASES GENERAL
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Permits and Plans for Liquefied Petroleum Gases.
|
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Section 6101.2 of the 2019 California Fire Code is hereby
amended to read as follows:
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Permits shall be required as set forth in Sections 105.6 and
105.7.
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EXCEPTION:
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1. Containers not exceeding a five-gallon water capacity, used
for "barbecue" cooking, when used and stored outside of buildings.
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2. Approved containers not exceeding 16.4 ounces when displayed
for sale in mercantile occupancies.
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3. Factory-installed containers for recreational vehicles not
exceeding ten-gallon water capacity.
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4. Factory-installed tanks that are permanently attached to
recreational vehicles.
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Distributors shall not fill an LP-gas container for which a
permit is required unless the Fire Code Official has issued a permit
for installation for that location.
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Liquid Petroleum Gases Location of LP-Containers.
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Outside Storage and use of Liquefied Petroleum-Gases.
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Section 6104.2 of the 2019 California Fire Code is amended
as follows:
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The outside storage of liquefied petroleum gas (LP-gas) shall
conform to the provisions of the City of Oakdale Zoning Ordinances.
The outside storage and use of liquefied petroleum gases is restricted
as specified in this section.
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1. Storage and dispensing of LP-gas for resale purposes, into
approved containers and vehicles, is restricted to those areas of
the City of Oakdale zoned as Neighborhood Commercial (C-1), General
Commercial (C-2), Limited Industrial (L-M), Light Industrial (M-1),
and Heavy Industrial (M-2), and, in addition thereto, to other commercially
zoned properties used as automotive service stations. Only qualified
persons shall perform dispensing.
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2. Dispensing of LP-gas for private use is restricted to those
zones identified in Subsection 1, and when approved by the Building
Official and/or Fire Code Official and/or Chief, may be permitted
in those areas of the City of Oakdale zoned Neighborhood Commercial
(C-1), General Commercial (C-2), Limited Industrial (L-M), Light Industrial
(M-1), and Heavy Industrial (M-2). Only qualified persons shall perform
dispensing.
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3. For cooking, lighting, or heating in a building, only on
a property that does not have natural gas service existing on a boundary
line of said property or when prohibition of such storage would cause
undue hardship.
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4. For temporary use on construction sites, when authorized
by the Building Official and/or Fire Code Official and/or Chief.
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5. For use as an alternative fuel supply for an emergency standby
generator, when authorized by the Building Official and/or Fire Code
Official and/or Chief.
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6. For use with certain mobile vending and certain commercial
barbecue equipment and other specific uses when authorized by the
Building Official and/or Fire Code Official and/or Chief.
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7. For use by artisans in pursuit of their trade, when authorized
by the Building Official and/or Fire Code Official and/or Chief.
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8. Storage of portable containers awaiting exchange may be permitted
in commercially zoned areas of the City of Oakdale, including those
zoned General Commercial (C-2), when approved by the Building Official
and/or Fire Code Official and/or Chief and stored in accordance with
Section 3809. Such storage shall be located a minimum of 20 feet from
any fuel dispenser.
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9. The aggregate capacity for any one installation shall not
exceed 2,000 gallons, except that in particular installations this
capacity limit may be altered by the Building Official and/or Fire
Code Official and/or Chief, after consideration of special features
such as topographical conditions, nature of occupancy, proximity of
building, capacity of proposed tanks, degree of private fire protection
to be provided, and facilities of the local Fire Department.
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10. Separation from means of egress. Containers stored inside
or outside buildings frequented by the public shall be located not
less than 10 feet from any exit door or building opening, when only
one exit is provided from the building or area, and not less than
five feet from any exit door or building opening, when two or more
exits are provided from the building or area.
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