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106 ORDINANCE NO. 106 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA, AMENDING CHAPTER 15.18 OF THE GRAND TERRACE MUNICIPAL CODE PERTAINING TO THE ADOPTION OF THE 1985 EDITION OF THE UNIFORM FIRE CODE AND UNIFORM FIRE CODE STANDARDS THE CITY COUNCIL OF THE CITY OF GRAND TERRACE DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 15.18.020 is hereby amended as follows: "Section 15.18.020 Findings and Adoption of the Uniform Fire Code. (a) FINDINGS. The City Council of the City of Grand Terrace hereby finds as follows: (1) That the Western Fire Chiefs Association and the International Conference of Building Officials are private organizations which have been in existence for a period of at least three (3) years. (2) That the Uniform Fire Code, 1985 Edition, and Uniform Fire Code Standards adopted by said organizations, are nationally recognized compilations of proposed rules, regulations, and standards of said organizations. (3) That said Uniform Fire Code and Uniform 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 California Government Code. (4) That one copy of the Uniform Fire Code and Uniform Fire Code Standards, certified by the City Clerk to be a true copy, has been filed for use and examination by the public in the office of the City Clerk prior to the adoption of this chapter. (5) The sections of said Uniform Fire Code and Uniform Fire Code Standards may be referred to by the number used in said published compilation preceded by the words "Uniform Fire Code Section" or "Fire Code Section" and may also be referred to by additional reference to the Grand Terrace Municipal Code and sections therein pertaining to said Uniform Fire Code and Uniform Fire Code Standards. (b) ADOPTION OF UNIFORM FIRE CODE. The City Council of the City of Grand Terrace hereby adopts the 1985 Edition of the Uniform Fire Code, Uniform Fire Code Part VIII, Appendices; Division I, Appendices IC; Division II, Appendices IIA, IIB, IIC, IID; Division III, Appendices IIIA; Division IV, Appendices IVA; and the Uniform Fire Code Standards, as compiled and adopted by the Western Fire Chiefs Association and International Conference of Building Officials. The provisions of the Uniform Fire Code, Fire Code -1- Appendices and Uniform Fire Code Standards shall apply to all the incorporated areas of the City of Grand Terrace." SECTION 2. Section 15.18.030 is hereby amended to read as follows: "Section 15.18.030 Storage of Flammable and Combustible Liquids. (a) Pursuant to Sections 79.501 and 79.1001 of the Uniform Fire Code, the storage of flammable and combustible liquid in outside above-ground tanks is prohibited in all mercantile occupancy areas, developed residential areas, and other areas where the Fire Chief having jurisdiction determines that the installation of flammable and combustible above-ground storage tanks will create a hazard to occupants and property owners in the area. (b) Pursuant to Section 79.1400 of the Uniform Fire Code, new bulk plants for flammable and combustible liquids shall be prohibited in all mercantile districts, closely built commercial areas and heavily populated areas. The Fire Chief having jurisdiction shall be the final determining authority. " SECTION 3. Section 15.18.040 is hereby amended to read as follows: "Section 15.18.040 Bulk Storage of Liquefied Petroleum Gases. Pursuant to Section 82.105 of the Uniform Fire Code, the aggregate capacity of any one installation for the bulk storage of liquefied petroleum gases shall not exceed two thousand (2,000) water gallons in residential areas. In nonresidential areas, when, in the opinion of the Fire Chief having jurisdiction, the location of bulk storage of liquefied petroleum gases would create a threat to the occupants and property owners, the aggregate storage capacity of liquefied petroleum gas shall also be limited to 2,000 water gallons. The Fire Chief may be guided by Article 82 of the Uniform Fire Code when permitting the storage of liquefied petroleum gas in excess of 2,000 water gallons at any one installation." SECTION 4. Section 15.18.050 is hereby amended to read as follows: "Section 15.18.050 Storage of Explosives and Blasting Agents. Pursuant to Section 77.106(b) of the Uniform Fire Code, the storage of explosives and blasting agents is prohibited in principal business districts, closely built commercial areas and heavily populated areas. The determination of the Fire Chief having jurisdiction shall be final ." SECTION 5. Amendments to the Uniform Fire Code. Section 2.101 of the Uniform Fire Code is hereby amended to read as follows: "2.101 Responsibility for Enforcement. a. The Chief, as defined in Section 23.015(g), shall be responsible for the administration and enforcement of this Code. Under his or -2- her direction, the fire department shall have the authority to enforce all ordinances of the jurisdiction and the laws of the State pertaining to: 1. The prevention of fires. 2. The suppression or extinguishing of dangerous or hazardous fires. 3. The storage, use and handling of explosive, flammable, combustible, toxic, corrosive and other hazardous gaseous, solid and liquid materials. 4. The installation and maintenance of automatic, manual , and other private fire alarm systems and fire extinguishing equipment. 5. The maintenance and regulation of fire escapes. 6. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures, and other property, including those under construction. 7. The means and adequacy of each exit in the event of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theatres, amphitheatres, and all other places in which people work, live or congregate from time to time for any purpose. 8. The investigation of the cause, origin, and circumstances of fire. 9. Other related matters as provided for by the governing body of the fire department. b. The Chief and his or her designees and the following persons are hereby authorized to interpret and enforce the provisions of this code (except as provided in § 2.302) and to make arrests and issue citations as authorized by law. 1. The State Forest Ranger and peace officers of the California Department of Forestry; 2. The Sheriff and any Deputy Sheriff; 3. Officers of the California Highway Patrol ;" Section 2.108 of the Uniform Fire Code is hereby amended to read as follows: "2.108 Liability for Damages a. This code shall not be construed to hold the public entity or any officer or employee responsible for any damage to persons or property by reason of the inspection, reinspection or any failure to inspect authorized herein provided or by reason of the approval or disapproval of any equipment -3- or process authorized herein, or for any action in connection with the control or extinguishment of any fire or in connection with any other official duties. b. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with California Health and Safety Code Section 13009 and 13009.1. c. Any person who negligently, intentionally or in violation of law, causes an emergency response, including, but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health & Safety Code Section 13004.6, and as provided by Government Code Section 53150, et seq. Any expense incurred by the fire department for securing such an emergancy situation shall constitute a debt of such person and shall be collectible by the public agency in the same manner as in the case of an obligation under contract, expressed or implied." Article 2, Division 11 and Section 2.302 of the Uniform Fire Code are hereby amended to read as follows: "Section 2.302 Board of Appeals. (a) In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of this Code, there shall be and hereby is created an Appeals Board, which shall be the Grand Terrace City Planning Commission (the "Appeals Board"). (b) Any person (including a Fire Department) desiring a review of interpretation or enforcment of this ordinance may file a request with the City Clerk for a hearing before the Appeals Board, upon the form provided by the Appeals Board, within fifteen (15) days after the date such interpretation is rendered or enforcement begun. The effect of the interpretation or enforcement to be reviewed is suspended until the termination of the hearing. (c) Upon receipt of a request for hearing the Chairman shall fix the time and place of the hearing which shall be at a meeting of the Appeals Board held not less than ten (10) nor more than thirty (30) days after the date of filing of the request for hearing. The Board shall give written notice of the time and place of the hearing to the initiating party and the Fire Chief involved. Witnesses may be sworn and examined and evidence produced, and parties may be represented by counsel . The Board shall keep a record of the proceedings of each hearing. The Board shall issue written findings and a decision within fifteen (15) days of the conclusion of the hearing which shall be mailed to the parties first class mail , postage prepaid, at such addresses as they have provided. (d) Any decision of the Appeals Board may be appealed to the Grand Terrace City Council . A request for such review shall be filed with the City Clerk within fifteen (15) days from the date of mailing the written decision. The City Council shall schedule a hearing at a regular meeting within thirty (30) days of receipt of the request for appeal and shall issue a written decision within fifteen (15) days of that hearing. All such decisions -4- shall be final and shall be mailed to the parties first class mail , postage prepaid, at such addresses as they have provided. (e) The Fire Department involved (whether appellee or appellant) shall act as staff to the Board of Appeals or to the City Council and for that purpose may determine and set fees to charge the appellant to cover the cost of preparation of the record for appeal . A summary of costs shall be compiled and sent to the appellant after all appeal rights have been exhausted. Any refund due the appellant shall be returned within sixty (60) days of sending the summary." Section 2.303(b) of the Uniform Fire Code pertaining to Recognized Standards is hereby amended by adding the following: NATIONAL FIRE PROTECTION ASSOCIATION Batterymarch Park, Quincy, MA 02269; NFPA National Fire Codes Volumes 1 thru 8, 1986 Edition." Section 4.101 of the Uniform Fire Code is hereby amended by adding the following: "48. Fixed hood and duct extinguishing systems. To install or maintain any such system, see Article 10." Section 9.103 of the Uniform Fire Code is hereby amended by adding the following definition: "All Weather Driving Surface - An all weather driving surface is a concrete or asphalt covering over base material and a roadbed compacted to 95% and of sufficient thickness to support the imposed loads of fire apparatus. " Section 9.105 of the Uniform Fire Code is hereby amended by amending the definition of "Chief or Chief of the Fire Department" to read as follows: "CHIEF OR CHIEF OF THE FIRE DEPARTMENT, shall mean the Chief Officer of the Fire Department, as defined herein, serving the jursidiction, or his or her authorized representative. The Chief may also be referred to as the "Fire Chief. " Chief Officer of the Forestry and Fire Warden Department means the County Firewarden or his or her designee. Chief Officer for the California Department of Forestry shall mean the State Forest Ranger of the San Bernardino Ranger Unit, or his or her authorized representative. " Section 9.108 of the Uniform Fire Code is hereby amended by amending the definition of "Fire Department" to read as follows: "1. Fire Department is any regularly organized fire department, including a volunteer fire department of a public entity charged with providing fire protection and/or suppression to the jurisdiction, fire protection district (whether board or self-governed), county service area or zone thereof with fire protection powers, the San Bernardino County Forestry and Firewarden Department, and California Department of Forestry." i I i 'S' Section 9.109 of the Uniform Fire Code is hereby amended by adding the definition of "governing body" as follows: "1. "Governing body" or "governing authority" as used herein shall be that body created by statute or administrative act to govern a fire department." Section 10.207(b) of the Uniform Fire Code is hereby amended to read as follows: "(b) Fire apparatus access roads shall be required for every building hereafter constructed. The access roadway shall be extended to within one-hundred-fifty (150) feet of, and shall give reasonable access to all portions of the exterior walls of the first story of any building. An access road shall be provided within fifty (50) feet of all buildings if natural grade between the acess road and building is in excess of thirty percent (30%). Where the access roadway cannot geographically be provided, approved fire protection system or systems shall be provided as required and approved by the Chief. Access door(s) shall be provided at near ground level for firefighting purposes in accordance with the Building Code. There shall be at least one door not less than three (3) feet in width and not less than six (6) feet eight (8) inches in height in each one hundred (100) lineal feet or major fraction thereof of the exterior wall which faces the access roadway. Metal roll-up doors are not acceptable for such purposes unless approved in writing by the Fire Chief. " Section 10.207(j) of the Uniform Fire Code is hereby amended to read as follows: "(j) Road grades shall not exceed twelve percent (12%) unless approved by the Chief. " Section 10.207(k) of the Uniform Fire Code is hereby amended to read as follows: "(k) Access roads, private roadways, and public roadways shall be provided and maintained in a passable condition at all times. Any obstruction or impedance to reasonable access may be repaired or removed forthwith by any public safety agency and the expense of repair or removal shall be borne by the owner of the roadway, or in the case of an obstructing vehicle or object by the owner of said vehicle or object." Section 10.301(c) of the Uniform Fire Code is hereby amended to read as follows: NO An approved water supply capable of supplying required fire flow for fire protection shall be provided by the developer prior to the commencement of construction to all premises upon which buildings or portions of buildings are hereafter constructed, unless the Chief authorizes mitigation measures in writing. When any portion of the building protected is in excess -6- of one-hundred-fifty (150) feet from a public fire hydrant connected to a water supply on a public street, there shall be provided, by the developer unless otherwise designated by the Chief in writing, on-site fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed system capable of supplying the required fire flow. In setting the requirements for fire flow, the Chief shall apply the standards published by the Insurance Services Office, "Guide for Determination of Required Fire Flow, " 1974 edition. This guide shall be used to establish both a minimum and maximum flow for projects served by organized water companies or water districts. In areas without serving water companies, National Fire Protection Association Pamphlet 1231 shall be used as the basis for determining fire flow. The duration of flow required shall not exceed the following table which has been taken from the 1980 Insurance Services Office Fire Rating suppression Schedule: 1. Calculated fire flows up to 2500 gpm shall have two (2) hours of duration. 2. Calculated flows between 3000 and 3500 gpm shall have three (3) hours of duration. 3. Calculated flows greater than 3500 gpm shall have four (4) hours of duration. These flows and durations do not consider the needs required to provide domestic service. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided by the developer unless otherwise designated in writing by the Chief, on the public street or on the site of the premises to be protected. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements in Section 10.207. " Section 10.302(a) of the Uniform Fire Code is hereby amended to read as follows: "(a) General . All sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers, smoke and heat ventilators, smoke-removal systems and other fire-protective or extinguishing systems or appliances shall be replaced or repaired where defective. All portable fire extinguishers required by the fire agency having jurisdiction shall be serviced annually by a fire extinguisher service contractor licensed by the State Fire Marshall 's Office. Fire-protective or extinguishing systems coverage, spacing and specifications shall be maintained in accordance with recognized standards at all times. Such systems shall be extended, altered or augmented as necessary to maintain and continue protection whenever any building so equipped is altered, remodeled or added to. All additions. repairs, alterations and servicing shall be in accordance with recognized standards. -7- i l EXCEPTION: Systems not required by this or any other code need not be extended, altered or augmented. Soda-acid, foam, loaded stream, antifreeze and water fire extinguishers of the inverting types shall not be recharged or placed in service for fire protection use." Section 10.307 of the Uniform Fire Code is hereby amended by adding the following: "(e) Automatic telephone dialing devices to transmit an emergency alarm shall not be connected to the fire department emergency telephone number." Section 11.111 of the Uniform Fire Code is hereby amended to read as follows: "11.111 Chimney Spark Arresters. (a) Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be maintained with an approved spark arrester. (b) An approved spark arrester shall mean a device constructed of stainless steel , aluminum, copper or brass, woven galvanized wire mesh, nineteen (19) gauge minimum of three-eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or over all outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and visible from the ground." Section 11.201 of the Uniform Fire Code is hereby amended by adding the following: NO In the event that abatement is not performed as required in subsections (a) and (c) of this section, the executive body may instruct the Chief to give notice to the owner of the property upon which such condition exists to correct such prohibited condition, and if the owner fails to correct such condition the executive body may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists." Section 25.116(b)2K of the Uniform Fire Code is hereby amended to read as follows: "K. Candles held in persons' hands shall not be permitted. Battery-operated simulated candles may be used. No permit is required for battery-operated candles or other electric candles." i Section 25.117 of the Uniform Fire Code is hereby amended to read as follows: "25.117 Standby Personnel . Whenever, in the opinion of the Chief, it is essential for public safety in any place of public assembly or any other place where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee shall employ one or more qualified persons, as required -8- and approved by the Chief, to be on duty at such place. Said individuals shall be subject to the Chief's orders at all times when so employed and shall be in uniform and remain on duty during the times such places are open to the public, or when such activity is being conducted. Before each performance or the start of such activity, said firefighters shall inspect the required fire appliances provided to see that they are in proper place and in good working order, and shall keep diligent watch for fires during the time such place is open to the public or such activity is being conducted and take prompt measures for extinguishment of fires that may occur. Qualified persons shall also perform, as required, emergency medical care. Such individuals shall not be required or permitted, while on duty, to perform any other duties than those herein specified." Section 28.105 of the Uniform Fire Code is hereby amended to read as follows: "28.105 Storage of Agricultural Products. It shall be unlawful to store hay, straw or other similar agricu tura products adjacent to property lines, buildings or combustible materials unless a cleared horizontal distance equal to the height of pile or twenty (20) feet, whichever is greater, is maintained between such storage and combustible material and buildings. A permit shall not be required for such storage. Storage shall be limited to stacks of one hundred (100) tons each. Either an approved one (1) hour occupancy separation constructed as specified in the Building Code or a clear space of twenty (20) feet shall be maintained between such stacks. " Section 61.106(c) of the Uniform Fire Code is hereby amended to read as follows: "(c) Where Permitted. The use of listed portable unvented oil-burning heating appliances shall be limited to supplemental heating in Group B and M Occupancies. EXCEPTION: Upon approval of the Chief, portable unvented oil-burning heating appliances may be permitted in any occupancy during the construction process when such is necessary for the construction and the use does not represent a hazard to life or property. " Section 79.508(c)4A of the Uniform Fire Code is hereby amended to read as follows: "A. Where the average height of the dike containing Class I and Class II liquids is over 12 feet measured from interior grade or where the distance between any tank and the top inside edge of the dike wall is less than the height of the dike wall , provisions shall be made for normal operation of valves and for access to tank roof(s) without entering below the top of the dike. These provisions may be met through the use of remote operated valves, elevated walkways or similar arrangements." Section 79.508(c) of the Uniform Fire Code is amended by adding the following: -9- 116. The distance between the inside of any dike and the shell of any tank not over thirty (30) feet in diameter shall be not less than five (5) feet. For tanks over thirty (30) feet in diameter the distance shall be not less than ten (10) feet." Section 79.603 of the Uniform Fire Code is hereby amended to read as follows: "79.603. All underground tanks and piping shall be protected from corrosive conditions in accordance with the requirement established by the Environmental Health Services Department of San Bernardino County." Section 79.1007(d) of the Uniform Fire Code is hereby amended to read as follows: "(d) Location. Tanks shall be kept outside and at least fifty (50) feet from any property line, building or combustible storage and shall be so located or such additional distance shall be provided as will ensure that any vehicle, equipment or container being filled directly from such tank shall be not less than fifty (50) feet from any structure, haystack or other combustible storage. " Section 79.1206(b) of the Uniform Fire Code is hereby amended to read as follows: "(b) Parking Off Thoroughfare. A tank vehicle shall not be left unattended within five hundred (500) feet of any residential area, apartment or hotel complex, educational , hospital or care facility at any time; or at any other place that would, in the opinion of the Chief, present an extreme life hazard. A tank vehicle shall not be parked at any one point for longer than one hour except: 1. Off a street, highway, avenue or alley; 2. Inside a bulk plant and twenty-five (25) feet from the property line or within a building approved for such use. 3. At other approved locations not less than fifty (50) feet from any building except those approved for the storage or servicing of such vehicle; 4. When, in case of breakdown or other emergency, the operator must leave the vehicle to take necessary action to correct the emergency." Article 79, Division XIV Bulk Plants, of the Uniform Fire Code is amended by adding the following: "79.1400. Restricted Locations. Bulk plants shall be prohibited within the limits established by law as the limits of districts in which such plants are prohibited." -10- Article 80 of the Uniform Fire Code shall be amended by adding the following section: "Parking and Garages. 80.112(a) Parking on Thoroughfare. Any vehicle containing hazardous materials shall not be left unattended on any residential street nor in or within five hundred (500) feet of any residential area, apartment or hotel complex, education, hospital or care facility at any time; or at any other place that would, in the opinion of the chief, present an extreme life hazard. In locations other than those specified in Section 80.112(a), a driver shall not leave the vehicle unattended on any street, highway, avenue or alley. EXCEPTIONS: 1. The necessary absence in connection with loading or unloading the vehicle, but during actual discharge from the vehicle, the provisions of Section 80.112(b) shall apply. 2. Stops for meals during the day or night, if the street is well lighted at the point of parking. 3. When, in case of breakdown or other emergency, the operator must leave the vehicle to take necessary action to correct the emergency. (b) Parking Off Thoroughfare. Any vehicle containing hazardous materials shall not be left unattended within five hundred (500) feet of any residential area, apartment or motel complex, educational , hospital or care facility at any time; or at any other place that would, in the opinion of the Chief, present an extreme life hazard. Any vehicle containing hazardous materials shall not be parked at any one point for longer than one hour except: 1. Off a street, highway, avenue or alley. 2. Inside a bulk plant and 25 feet from the property line or within a building approved for such use; 3. At other approved locations not less than 50 feet from any building except those approved for the storage or servicing of such vehicle. 4. When, in case of breakdown or other emergency, the operator must leave the vehicle to take necessary action to correct the emergency. (c) Garaging. Vehicles containing hazardous materials shall not be parked or garaged in any buildings other than those specifically approved for such use by the Chief." Section 82.105(a) of the Uniform Fire Code is amended to read as follows: -11- Na) Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested commercial area, the aggregate capacity of any one installation shall not exceed two thousand (2000) gallons water capacity, except that in particular installations this capacity limit may be altered with the approval of the Chief after consideration of special features such as topographical conditions, nature of occupancy and proximity to buildings, capacity of proposed tanks, degree of private fire protection to be provided and facilities of the local fire department. The storage of liquefied petroleum gas shall conform to the provisions of the local zoning ordinance. Section 82.105(b) of the Uniform Fire Code is hereby amended to read as follows: NO Multiple container installations with a total storage capacity of more than 180,000 water gallons (150,000 gallons LP-gas capacity) shall be subdivided into groups containing not more than 180,000 water gallons in each group. Such groups shall be separated by a distance of not less than 25 feet. Tanks shall be mounted in an approved manner, and (1) protected with approved insulation over the entire surface of all tanks or (2) protected by 4 hour firewalls of approved construction, or (3) protected by an approved system for application of water, or (4) protected by other means. " Section 82.105(d) of the Uniform Fire Code is hereby amended to read as follows: "(d) Containers shall be located with respect to buildings or line of adjoining property which may be built upon in accordance with the following table: TABLE NO. 82.105 CONTAINER CAPACITY MINIMUM DISTANCE (U.S. Gallons) Less than 100 5 feet 101 to 500 10 feet 501 to 1,200 25 feet 1,201 to 30,000 50 feet 30,000 to 60,000 75 feet More than 60,000 100 feet NOTE: With the approval of the Chief, containers may be located a lesser distance to buildings of not less than one-hour fire-resistive construction in accordance with the Building Code, provided the above distances applied to openings in buildings are maintained and the relief valves will not discharge in the direction of a means of egress or against the building." -12- Section 82.105(g) of the Uniform Fire Code is hereby amended to read as follows: "(g) Liquefied petroleum gas containers and tanks shall be positioned in relation of one to another in such a manner so that the length axis of each tank is parallel to other tanks." Section 85.104 of the Uniform Fire Code is amended to read as follows: "85.104 It shall be unlawful to maintain any electrical wiring, appliance, apparatus, or device in violation of the Electrical Code. When any electrical hazards are identified, measures to abate such conditions shall be taken. " Section 7 of Appendix II-A of the Uniform Fire Code is hereby amended to read as follows: "7. Spark Arresters Required. (a) Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used to be maintained with an approved spark arrester. (b) An approved spark arrester shall mean a device constructed of stainless steel , aluminum, copper or brass, woven galvanized wire mesh, nineteen (19) gauge minimum with a three-eighths (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground." Section 15 of Appendix II-A is hereby amended by adding the following: NO In the event that the abatement is not performed as required in Subsection (a), (b), or (c), the executive body may instruct the Chief to give notice to the owner of the property upon which such condition exists to correct such prohibited condition, and if the owner fails to correct such condition, the executive body may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists. " Section 17 of Appendix II-A is hereby amended to read as follows: "17. Clearance of Brush or Vegetative Growth from Roadways. a. The Chief may require brush, vegetation, or debris to be removed and cleared within ten (10) feet on each side of every roadway and access drive, and may enter upon private property to do so. This section shall not apply to single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means for the ready transmission of fire. As used in this section, "roadway" means that portion of a highway or private street improved or ordinarily used for vehicular travel . -13- b. If the Chief determines in any specific case that difficult terrain, danger or erosion or other unusual circumstances make strict compliance with the clearance of vegetation provision of Sections 15, 16, or 17 of this appendix undesirable or impractical , he or she may suspend enforcement thereof and require reasonable alternative measures designed to advance the purposes of this article. c. In the event that the abatement is not performed as required in Subsection (a) of this section, the executive body may instruct the Chief to give notice to the owner of the property upon which such condition exists to correct such prohibited condition, and if the owner fails to correct such condition the executive body may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists." Section 23.016 of the Uniform Fire Code is hereby amended as follows: "23.016 Penalty (a) All violations of the Uniform Fire Code or of these amendments to it shall be deemed infractions with the exception of Article 3, violations of which shall be deemed a misdemeanor. (b) Each such person, firm or corporation shall be deemed guilty of a separate offense upon each day during any part of which any violation of any of the provisions of this code is committed, continued, permitted or maintained by such person, firm or corporation and shall be punishable therefor as herein provided." Section 23.017 of the Uniform Fire Code is hereby amended as follows: "23.017 Validity Clause. 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 hereby declares that it would have adopted this Chapter, and each section, subsection, clause, sentence and phrase thereof, irrespective of the fact that any one or more sections, subsections, clauses, sentences or phrases be declared unconstitutional ." SECTION 6. Urgency - This Ordinance is enacted pursuant to Section 36937(b) of the California Government Code as an urgency measure and pursuant to the City of Grand Terrace Police Power for the immediate protection and preservation of the public peace, safety, health, and welfare of persons and property within the City of Grand Terrace. The facts constituting the urgency are that the updated versions of the 1985 Edition of the Uniform Fire Code and Uniform Fire Code Standards have been declared to be the versions most applicable to provide for the public safety and the health and welfare within the Community. SECTION 7. Effective Date - This Ordinance shall be in full force and effect immediately upon its adoption. -14- SECTION 8. Posting - The City Clerk shall cause this Ordinance to be posted in three (3) puTplaces within fifteen (15) days of its adoption, as designated for such purpose by the City Council . SECTION 9. Adopted at a regular meeting of the City COuncil of said City held on the 11th day of September, 1986. ATTEST: Now City Clerk of the ty of Grand Mayor o e 0't ran errace Terrace and of City Council and oft City o ncil th eof. thereof. . I, Ilene Dughman, City Clerk of the City of Grand Terrace, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 11th day of September, 1986, by the following vote: AYES: Councilmembers Matteson, Petta, Pfennighausen, Evans ; Mayor Grant NOES: None ABSENT: None ABSTAIN: None City Clerk Appr ved as t fo � r City Attorney -15-