Ord 0380-ADOPTING A FIRE PREVENTION CODEORDINANCE NO._._ Xd
follows:
AN ORDINANCE ADOPTING A FIRE PREVENTION CODE
PRESCRIBING REGULATIONS GOVERNING CONDITIONS
HAZARDOUS TO LIFE AND PROPERTY FROM FIRE. oa
EXPLOSION, AND ESTABLISHING A BUREAU OF FIRE
PREVENTION AND PROVIDING OFFICERS THEREFOR. AND
DEFINING THEIR POWERS AND DUTIES AND.PROVIDING
PENALTIES FOR. THE VIOLATION THEREOF.
The Town Council of the Town of Los Gatos does ordain as
SECTION 1. ADOPTION OF FIRE PREVENTION CODE.
There is hereby adopted by the Town Council for the purpose
of prescribing regulations governing conditions hazardous to life and
property from fine or explosion, that certain code known as the Fire
Prevention Code recommended by the National Board of Fire Underwriters,
being particularly the 1953 Edition thereof, (pages 5 to 148) and
Amendments of August 195' to said Fire Prevention Code, save and except
such portions as are hereinafter deleted, modified or amended
(by Section 6 of this Ordinance) of which code and said August 1954
Amendments thereto, not less than three (3) copies each have been
and now are filed in the Office of the Clerk of the Town of Los
Gatos, and the same are hereby adopted and incorporated as fully
as"if set out at length herein, and from the date on which this
Ordinance shall take effect, the provisions thereof shall be con-
trolling within the limits of the Town of Los Gatos.
The Town Council may, in order to assure enforcement of
specific sections of the Fire Prevention code, adopt rules and
regulations, or amend the Fire Prevention Code by resolution, as
the need arises.
SECTION 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE
PREVENTION.
(a) The Fire Prevention Code shall be enforced by the
Bureau of Fire Prevention in the Fire Department of the Town of
Los Gatos which is hereby established and which shall be operated
under the supervision of the Chief of the Fire Department.
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b. The officer in charge of the Bureau of Fire Prevention
shall be the Fire Chief of the Town - of Los Gatos or a subordinate
officer appointed in accordance with the Civil Service Ordinance
of the Town of Los Gatos
0. The Chief of the Fire Department with the consent of
the Town Manager my detail such members of the Fire Department
as inspectors as shall from time to time be necessary.
SECTION 3. DEFINITIONS.
Wherever the word. "Municipality" is used in the Fire Fre-
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vention Code, it shall be held to mean the Town of Los Gatos.
SECTION 4. ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE
OF FLA iA.BLE LIQUIDS IN OUTSIDE ABOVEGROUND TANKS IS TO BE PROHIBITED.
a. The limits referred to in Section 15.2031 of the Fire Pre-
venation Code in which storage of flammable liquids in outside above
ground,tanks is prohibited, are hereby established as follows:
All of the Town of Los Gatos, excepting such areas therein where
such storage may be particularly permitted by the zoning laws of the
Towns and by express authorization of the Town Council.
b. The limits referred to in Section 15.441 of the Fire Pre-
vention. Code, in which new balk plants for flammable 'liquids are
prohibited, are hereby established as follows: All the Residence
and Commercial Districts in the Town as heretofore or hereafter
established by the zoning laws of the Townes
SECTION 5. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF
LIQUEFIED PETROLEUM GASES IS TO BE RESTRICTED.
The limits referred to in Section 20.06a, of the Fire Preven-
tion Code, in which bulk storage of liquefied petroleum gas is re--
striated, are hereby established as follows All the Residence
and Commercial Districts in the Towns as heretofore or hereafter
established` by the zoning laws of the Town.
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SECTION 6. AMENDMENTS.MADE IN THE FIRE PREVENTION CODE.
The Fire Prevention Code 1953 Edition NBFU is amended and
changed in the fallowing respects:
Articles 8, 25 and 29 are hereby deleted. Section 26.O1b
of Article 26 is amended to read: "LOCATION RESTRICTED. No person
shall kindle or maintain any bonfire or rubbish, fire or authorize
any such fire to be kindled or maintained on any private land un-
less (1) the location is not less than 20 feet from any structure
and, adequate provision is made-to prevent fire from spreading to
within 20 feet of any structure; or (2) the fire is contained in
an approved waste burner with, closed top, located safely not less
than 10 feet from any structure
Section 26.05 is amended to read: "ACCUMULATIONS OF (30MBUST-
IBLE RUBBISH, VEGETATION, AND BUILDING MATERIALS. Accumulations
of waste paper., hay, grass, straw, weeds, litter, combustible build-
ing materials including lumber, roofing materials, ete'. or combust-
ible or flammable waste or rubbish of any kind which constitutes a
fire hazard shall not be permitted to remain within ten (10) feet
of any building, fence, or other valuable combustible material.
All dry weeds, grass, vines or other growth which is within ten (10)
feet of any building, fence, or other valuable combustible material,
or which is liable to be fired, shall be disced under or out dowir
and removed by the owner or occupant of the property it is on."
Sections 26.14, 26.1551 26.16, 26.17, 26.189 26.19, 26.201
26.21, 26.22, 26.23, 26.241 26.252 26.26, 26.2.7 and 26.28 are here-
by added to Article 26 of said Code, said added sections reading as
follows:
Section 26.14. Storage of Lumber. No person, firm or
corporation shall, vithin the limits of the Town of Los Gatos,
place, pile or cause to be placed or piled any lumber or timber
to a greater height than twenty (20) feet, measured in all eases
from the line of a sidewalk or adjoining ground level, to the high-
est point of the lumber or timber piles. Any old lumber stored or
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kept upon, or in any premises in the Town of Los Gatos other than
a lumber yard, mill yard or premises in which buildings are under
construction must be piled in a neat and orderly manner, free from
rubbish,.or other waste material, in piles not to exceed six feet in
height.
Section 26.15. Removal of'Debris After Fire. The owner or
person having tinder his control or in his possession, upon any premi®
sea in the Town of Leos Gatos, any hay, straw, bales of cotton, paper
or any other substance which have been rendered useless or unerchant_
able by reason of a fire on such premises shall within forty-eight
hours after notice to do so has been served by the Chief of the
Bureau of Fire Frevention:~ have.the same removed.
Section 26.16. Containers for Combustible Material. All
receptacles for excelsior, wastepaper, rags or other substance
liable by spontaneous ignition or combustion or otherwise to cause
fire, must be made of metal or metal lined bins with a self-closing
metal lined cover:
Section 26.17. -Closing, Demolishing and Repairing of Vacant
Buildings. Whenever any unoccupied building or structure in the 't'own
of Los Gatos is not properly;?" secured or closed, the Chief of the Bur-
-eau-of Fire Prevention shell notify the owner or perso having control
of such premises to forthwith secure or close the same, so as to pre-
vent unauthorized.persons from gaining access thereto, and the person.
so:,, notified as aforementioned shall, within forty-eight hours, comply-
with such orders as may be orderedo
Whenever the Chief of the Fire Prevention Bureau shall find
any building or other structure which, for want of repairs or by
reason of age or dilapidated condition or any ether cause, consti-
tutes a fire hazard and which is so situated as to endanger other
property,. and. whenever the Chief of the Fire evention Bureau shall
find any building or structure or portion thereof, or any appurten--
anoe thereto or fixture thereon, or any chimney, smoke stack, stove,
oven, incinerator, furnace, or anything connected with, or upon,
or in any premises or building, not specifically mentioned in this
section which is deemed by him to be so defective or unsafe as to
constitute a fire hazard or menace to the public, the Chief of the
Fire Prevention Bureau shall give the owner or person having control
of the property notice in writing that removal, alteration, corree-
tion or repair is necessary, to render the same safe, and the person
so notified shall, within the time specif ied by the Chief of the
Fire Prevention Bureau, comply with the terms of such notice.
Section 26.18. Decorations. Cotto"atting, straw, dry
leaves, trees, celluloid or other highly flammable materials shall
not be used for decorative purposes in show windows or stores, or
in any theater, auditorium, schools, churches, lodges, clubs, danee
halls, taverns and other public structures used for public assem-
blages unless they have been flame-proofed and approved by the Chief
of the Bureau. of Fire Prevention. Nothing in this Section shall be
held to prohibit the display of saleable goods permitted and offered
for sale in the store.
Section 26.19. strueting Fire d:rants. No person shall
obstruct any fire hydrant, or place or deposit any lumber, rock, sand,
debris or other substance within fif teen (15) f eet of any such fire
hydrant on any public or private property ins the Town. The use of
any wrenches, other than those with square shanks, for the purpose
of opening or shutting any fire hydrant is strictly prohibited. No
fire hydrant shall be used by any person other than a member of the
Fire Department, a Town employee authorized so to do, or an employee
of the Utility Company supplying water to the hydrants of the Town,
without first having secured, permission therefor in writing frog
such Utility CompanyTor the Town Engineer.
Section 26.20. Burning Regulations. No person, unless a
permit so to do has first been obtained from the Fire Department of
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the `Town of Los Gatos, shall do any burning, or permit any burn-
. ing of any rubbish, rags, papers, grass, wood, refuse or any other
combustible material by any open fire or in any incinerator or waste
burner, whether approved or not as to type. No person shall do any
burning, or permit any burning before 6tOO A.M. of any day or after
12:00 noon of° any day, or on Monday of Any week. During such time
as burning is permitted, such burning shall not create a dense smoke
or offensive odor. Every burning permit shall automatically become
null and void the last day of December of each year. The location
and type of all waste burners or incinerators used in such burning
shall be subject to the approve) of the Chief of the Fire Prevention
Bureau or the Chief . of the Fire Department. The provisions of this
Section shall not apply to the burning of wood in any barbecue pit
when the same is being used for the cooking or preparation of food,
and provided that such burning does not create a. fire hazard or
nuisance.
animal hospitals
Regularly licensed hospitals./and rest homes shall' be excepted
and excluded from the specific hours and days stated above, provided
that nothing contained herein authorizes any act prohibited by any
other ordinance of the Town of Los Gatos and laws and regulations
of the State of California; and provided further that there. shall
be no burning or other manner of disposal of any refuse matter be-
tween the hours of 10:00 A.M. and 4:00 P.M. on Mondays.
Section 26.21. Abatement of Weeds, Etc., In the City. In the
event that any weeds, rubbish or other combustible material shall
grow or collect upon any street, sidewalk, parkway or private prop-
erty in the Town, so as to constitute a fire hazard or a fire hazard
when said weeds become dry, then the. Town may avail itself of the
provisions of any state law having for its purpose the abatement of
such a nuisance, or said Town may, as an alternative, ad®pV lags,
rules and regulations as it may deem necessary to provide for the
abatement of such nuisance.
Section 26.22. Sale of Flammable Liquids in Gla.ss.Containers
It shall be a misdemeanor for any person, farm or corporation to
sell, store or transport Class I or Class II.flammable liquids as
defined in Section 16.132. W, when such liquids are to be trans-
ported, removed or stored in glass containers having a capacity of
more than one (1) quart
Section 26.23. Fire Alarms. For the purpose of this Section,
a fire alarm shall be deemed and construed to be any act enumerated
aA follows:
The blowing, sounding or operation of any siren nor-
mally used for signaling or transmitting a fire alarm;
The blowing, sounding or operation of any steam; cow
pressed air, or other similar whistle having a change-
able or sliding pitch or tone or coded and normally
used for signalling or transmitting a fire alarm;
The giving, signalling, or transmission to any pub-
lie fire station or company or to any officer or
employee thereof by telephone, spoken.word, fire
alarm telegraph, or otherwise, information or sig-
nals to the effect that there is a fire at or near
th.e, place indicated by the person giving, signalling
or transmitting such information.
Section 26.24. False Alarms. It shall be a misdemeanor for
any person to give, signal or transmit, or for any per=son to cause
or permit to be given, signalled or transmitted, in any manner, any
false fire alarm.
It shall be a misdemeanor for any person to tamper with or
maliciously injure any fire alarm equipment maintained for the pur-
pose of transmitting "fire alarms to fire departments.
Nothing in this Code shall be deemed nor construed to pro-
habit the giving, signalling or transmitting of any emergency alarm
employing any of the above methods when such alarm is dispatched
by the duly authorized authorities for the signalling of alarms
relative to air raids, air raid drills, civil disasters, civil
emergencies, and any other emergencies which may be the concern
of civil or military, authorities.
Section 26.25. Hindrance to Firemen. It shall be a mis-
demeanor for any person to offer any hindrance to any fireman in.
the performance of his duty at a fire or emergency.
Section 26.26. Reporting of Fires. It shall be the duty
of'every person discovering an uncontrolled fire in the Town to
report said fire immediately to the Fire Department.
Section 26.27. Incinerators. Every incinerator shall meet
the following minimum requirements.
1. It shall be constructed of non-combustible material;
2. It shall be of adequate size to hold all matter pro-
posed to be burned therein;
3. It shall be enclosed and have a permanent non-combustible
door or lid thereon;
4. It shall be equipped with a chimney or a cover with
a spark arrester of wire, metal screen or equivalent,
having a mesh.of holes not to exceed one-quarter inch.
attached to and completely covering the opening
thereof.
Section 26.28. Basement Pi]2e Inlets. Every building here-
after erected in areas zoned for commercial or industrial use in
the Town of Los Gatos where the basement thereof is being used for
storage of goods or merchandise of any description, and is of sn.
area of less than 1500 square feet, shall be provided with ground-
floor pipe erasing holes constructed in, and through the floors of
the first storyr of such building extending down to and even with
the basement ceiling of bottom of floor joists of such first floor,
and be provided with recessed metal covers for such openings.
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Such ground-floor pipe casing holes shall be constructed according
to plans that meet the approval of the Chief of the Bureau of Fire
Prevention and the Building Inspector of the Torn of Los Gatos, and
shall be located and of such number as may be determined by them,
such number not to exceed one to every 400 square feet of floor sur-
face or part thereof. No goods or merchandise shall be stored in-
any such basement, in such a 'wanner as to interfere wit1t. the proper
working of the water circulating cellar nozzle used by the Fire De-
partment of said Town, which shall pass through any such ground-floor
pdpe- casing holes on the first floor, and all such covers must at all
times be kept. clear of all obstruction so as not to interfere with
their prompt use by the Fire Department.
SECTION 7. MODIFICATIONS.
.The Chief of the Bureau of Fire Prevention shall have power
to modify any of the provisions of the Fire Prevention Codes upon
application in writing by the owner or lessee, or his duly authorized
agent, when there are practical difficulties in the way of carrying
out the strict letter of code, provided that the spirit of the code
shall be observed', public safety secured, and substantial justice
done. The particulars of such modification when granted or allowed:.
and the decision of the Chief of the Bureau: of Fire Prevention there-
pan shall be entered upon the records of the department and a signed
copy shall be furnished the applicant.
SECTION Bo APPEALS.
Whenever the Chief of the Fire Department shall disapprove
an application or refuse to grant a license or permit applied for,
or when it is claimed that.the provisions of the code do not apply-
or that the true Intent and meaning of the code have been misconstrued
or wrongly interpreted., the applicant may appeal front. the decision of
the Chief of the Fire Department to the Town Council within fifteen
(15);; days from the date of the decision,
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SECTION 9. NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH
MAY REQUIRE PERMITS.
The Town Manager, the. Chief of the Fire Department and/or
the Chief of the Bureau of Fire Prevention shall act as a committee:
to determine and specify, after giving affected persons an opportun-
ity to be heard, any new materials, processes or occupancies, which
shall require permits, in addition to those now enumerated in said
code. The Chief of the Bureau of Fire Prevention shall post sucli.list
in ay-conspicuous place in his office, and distribute copies thereof. to
interested persons.
SECTION 10. PENALTIES,
a. Any person who shall violate any of the provisions of
the code hereby adopted or fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who
shall build in violation of any detailed statement of specifications
or plans submitted and approved thereunder,' or any certificate or,
permit issued thereunder, and from which no appeal has been taken, or
who shall fail to comply with such an order as affirmed or modified
by the Town Council or by a court of competent jurisdiction, within:
the time fixed herein, shall:,severallg for each and every such viola-
tion and noncompliance, respectively,.be guilty of a misdemeanor,
punishable by a fine of not less than Twenty five Dollars ( 25,00)
nor more than Five Hundred Dollars ($500.00), or by imprisonment for
not less tharn five (5) days, nor more than 180 days, or by both. such
fine and imprisonment. The imposition of one penalty; for any viola-
tion shall not excuse the violation or permit it to continue; and all
such persons shall be required to correct or remedy_suoh violations
or defects within a reas'ona'ble time; and when not otherwise specified,
each ten clays that prohibited conditions are maintained shal consti-
tute a separate offense.
b. The application of the above penalty shall. not be held
to prevent .the enforced removal of prohibited. conditions.
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.SECTION 110 REPEAL OF CONFLICTING ORDINANCES.
All former Ordinances or parts thereof.conflicting or in-
consistent with the provisions of this Ordinance or of the code here-
by adopted are hereby repealed.
SECTION 12. VALIDITY.
The Town Council hereby declares.that should any section,
paragraph, sentence or word of this Ordinance or of the code hereby
adopted be declared for any reason to be invalid, it is the intent of
the Town Council that it would have passed.all other portions of this
Ordinance independent of the elimination herefrom of any such portion
as-may be declared invalid.
SECTION 13. ADDITIONAL REGULATIONS.
Any and all additional Rules and.Regulations pertaining to.
fire prevention, administration of same, may and shall 'be added to
this Fire Prevention Code by resolution of the Town Council..
SECTION 14. DATE OF EFFECT.
This Ordinance shall be published once within fifteen (15)
days after its final passage in the "Los Gatos Times--Observer°l, a
newspaper of general circulation, printed and published in the Town
of Los Gatos, California.
Introduced at a regular meeting of the Town Council of the
Town of Los Gatos after a Public Hearing thereon held in the manner
and after notice given thereof as required by law, this day of
1955.
PASSED AND ADOPTED AT A REGULAR MEETING OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS, held on the 18th day of July , 19553,
by the following vote:
AYES: COUNCILMEN Fred W. Berryman
F. Boone
James F. Thomson
Alberto ® Merrill
NOES: COUNOII14EN None
ABSENT: COUNCILMEN
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ORDINANCE NO. 380
ATTEST: MArOR ®F H L
L. _
TO~CLERKVOF THE TOWN 0 LO GA T09
B
P s TOTIN CLERKS
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