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Resolution 1981-05 ,. . . RESOLUTION NO. 81-5 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY READOPTING FIRE CODE, 1979 EDITION, WITH MODIFI- CATIONS TO PERMIT "SAFE AND SANE" FIREWORKS AND TO PROHIBIT MANUFACTURE OF FLAMMABLE LIQUIDS IN RESIDENTIAL AREAS. WHEREAS, Section 10.9 of the Gilroy City Code provides that the latest edition of Uniform Fire Code shall be submitted to the Council to become effective within the City upon approval by resolution, subject to possible modifications and amendments; and WHEREAS, the 1979 Edition of the Uniform Fire Code has heretofore been adopted by the Council with modification to permit sale of "Safe and Sane" fireworks in the City, and WHEREAS, the Fire Chief has now recommended further modification to prohibit manufacture of flammable liquids in residential areas, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GILROY that the Uniform Fire Code, 1979 Edition, including Appendices A, B, C, D, E, G, H and I, and any fees or charges set forth therein, is readopted and shall apply within the City of Gilroy with the following modification to Section 78.102: Permits may be granted for the retail sale of "Safe and Sane" fireworks, as defined by the California State Fire Marshall, and such fireworks may be sold and discharged in the City under the following express conditions: 1. Retailers shall not sell fireworks to anyone less than 16 years of age. 2. Only boxed assortments packed by a whole- saler or manufacturer shall be sold by the retailer in the original package. 3. Retail sales of such boxed assortments shall be made only between July 1 and July 4 of each year. RESOLUTION NO. 81-5 -1- . . ~ 4. A safe ty pamphle t on the use of "safe and sane" fireworks furnished by the manufacturer shall be given by the retailer to each purchaser at the time of sale. and with the addition of the following Section 79.114: The production or manufacture of flammable or combustible liquids as defined in Section 9~l08 from stills or condensers is prohibited in areas zoned for residential use. That a copy of this resolution be kept on file in the office of the Fire Chief for examination by interested persons, that a copy of this resolution shall be given to each retailer of fireworks when a business license is applied for, that vio- lation of the above provisions modifying the Uniform Fire Code shall be deemed infractions, and the Departments of Fire and Police are directed to issue citations therefor. PASSED AND ADOPTED this 2nd day of February, 1981, by the following vote: AYES: COUNCILMEMBERS: ALBERT, C1TNNIN~HA~, HUGHAN, LINK, PATE, TAYLOR and ~OODRICH. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: A?JD: ..._.~ ayor ATTEST: vd2M~)? / - ~~ l.ty er RESOLUTION NO. 81-5 -2- . . I, SllSAj~NE E. STEHJtn:TZ, City Clerk of the City of Gilroy, do hercby eerlify that -the att:uched Retlo1ution No. 81-5 10 an orieioltl rcsulution, Jul.y udopted by the Couneil of tho City of Gilroy lit d n~t'.111ar meeting of tluid Council held on the 2nd day 0 f February, 1 (..181 . u f. ""h ich U1ce t ing II quorum ';Jas pre8cnt. HI WITtlESS ~JllEREOF, I have hereunto aet my hand tine! effiKetd the Officiul ~ell1 of the City of Gilroy, thill 27t~ day of Ma rch 11)81 ..