§ 9.06

This chapter 9.06 of the Tracy Municipal Code may be referred to as the "City Fire Code" and is adopted pursuant to Government Code section 50022.2. For the purpose of clarity, the term "Code" when used alone, shall refer to the Tracy Municipal Code.

(Ord. No. 1192, § 3, 1-21-2014; Ord. No. 1274, § 3, 11-19-2019; Ord. No. 1335, § 4, 12-6-2022)

The purpose of this chapter is to provide regulations 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 new and existing buildings and premises as herein provided and to provide safety to fire fighters and emergency responders during emergency operations; providing for the issuance of permits and collection of fees therefor; and to provide minimum standards to safeguard life or limb, health or property, and public welfare by regulating the design, construction and quality of materials for all buildings or structures in the City.

(Ord. No. 1192, § 3, 1-21-2014; Ord. No. 1274, § 3, 11-19-2019; Ord. No. 1335, § 4, 12-6-2022)

The City hereby adopts by reference the code entitled "2022 California Fire Code" including appendices B, BB, C, CC, D, F, H, L, N and O copyrighted by the International Code Council and the California Building Standards Commission (hereinafter "California Fire Code"), as amended by this chapter. The California Fire Code is on file with the City Clerk and is available for inspection and copying in accordance with Government Code section 50022.6.

(Ord. No. 1192, § 3, 1-21-2014; Ord. No. 1228, § 5, 1-17-2017; Ord. No. 1274, § 4, 11-19-2019; Ord. No. 1335, § 5, 12-6-2022)

The South San Joaquin County Fire Authority shall be the Authority Having Jurisdiction for all fire protection matters within the City of Tracy. This shall include the enforcement of building standards adopted by the

State Fire Marshal as stated in the California Fire Code, Division I, California Administration, Section 1.11 and the implementation, administration and enforcement of the provisions of the City Fire Code.

(Ord. No. 1304, § 1, 2-16-2021; Ord. No. 1335, § 4, 12-6-2022)

Editor's note— Ord. No. 1304, § 1, adopted February 16, 2021 added § 9.06.040 and renumbered subsequent sections.

The California Fire Code subsection 110.4 is amended to read as follows:

110.4 Violations Penalties. Violations of this Chapter shall be enforced by the City of Tracy and the South San Joaquin County Fire Authority in accordance with the provisions of City of Tracy Municipal Code Section 9.02.050.

(Ord. No. 1192, § 3, 1-21-2014; Ord. No. 1274, § 4, 11-19-2019; Ord. No. 1304, § 1, 2-16-2021; Ord. No. 1335, § 4, 12-6-2022)

Any person aggrieved by any decision of the fire code official, may appeal to the Board of Appeals, by filing a written notice of appeal with the City Clerk within thirty (30) days from the date the decision or action was taken.

(Ord. No. 1192, § 3, 1-21-2014; Ord. No. 1274, § 3, 11-19-2019; Ord. No. 1304, § 1, 2-16-2021; Ord. No. 1335, § 4, 12-6-2022)

The City of Tracy hereby makes the following local amendments to the California Fire Code:

CHAPTER 1

Section 103.1 is amended to read as follows:

Section 103.1 Creation of agency. The South San Joaquin County Fire Authority is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration an enforcement of the provisions of this code.

Section 103.2 Appointment, is hereby repealed in its entirety as it purports to give vested employment rights different than currently exists for the fire code official.

Section 105.2.3 is amended to read as follows:

Section 105.2.3 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the fire code official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. However, at the discretion of the fire code official,

an application shall not be extended more than two times if this code or any other pertinent code, law or ordinance has been adopted subsequent to the date of application.

A new application shall be submitted and corresponding fees shall be paid when an application for a permit has expired.

Section 105.3.2 is amended to read as follows:

Section 105.3.2 Extensions. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. However, at the discretion of the building official, a permit shall not be extended more than two times if this code or any other pertinent code, law or ordinance has been adopted subsequent to the date of application. A new permit shall be obtained and corresponding fees shall be paid when a permit has expired."

Section 105.5.5 is amended to read as follows:

105.5.5 Carnivals, Fairs, Festivals, and Exhibitions. A permit is required to operate a carnival, fair, festival, or exhibition.

Section 105 is amended by adding subsections 105.6.55 through 105.6.57 to read as follows:

Section 105.6.55 Christmas tree lots, haunted house or corn maze. An operational permit is required to operate a temporary or permanent operation.

105.5.56 Emergency Responder Radio Coverage. A permit is required for facilities with Emergency Responder Radio Coverage Systems.

105.5.57 Indoor Growing Operation. A permit is required to operate an indoor growing operation.

Exception: Agricultural Greenhouses in an agricultural zone.

105.5.58 Retail Cannabis Operation. A permit is required to operate a retail cannabis operation.

Section 106 is amended by adding subsection 106.2.1.1 to read as follows:

106.2.1.1 Detail Page. An 8 ½" x 11" document and an electronically submitted "detail" page for emergency responder data files shall be submitted to and approved by the fire authority before final inspection. Detail page shall include a site plan showing:

a.

Property, site layout

b.

Roads, fire access lanes, and building access points

c.

Premises identification (Address, building identification, suites, room numbers, etc.)

d.

Fire Hydrant and Fire Department Connection (FDC) locations

e.

Knox product locations

f.

Fire alarm control locations

g.

Fire riser locations

h.

Hose valve locations

i.

"Main Electrical" and "Main Gas Disconnect" locations

j.

Hazardous materials storage

Section 107 is amended by adding subsection 107.7 to read as follows:

107.7 Reinspection Fee. A reinspection fee may be assessed for each inspection, test, or reinspection when such portion of work for which an inspection is requested is not complete or when corrections requested to be inspected are not made. This section is not to be interpreted as requiring reinspection fees the first time an inspection or test is rejected for failure to comply with the requirements of the code, but as controlling the practice of requesting inspections/tests before the job is ready for such inspection or test. Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection/test is requested, failure for those individuals conducting the test to show up at the scheduled time or deviating from the approved plans. The fee shall be equal to all incurred costs for inspection and administrative staff at the fully burdened rate.