Title 6 — HEALTH AND SAFETY Chapter 6.04 - ALAMEDA COUNTY FIRE CODE

Footnotes:

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Editor's note— Ord. No. 2022-55, § 2, adopted December 6, 2022, repealed the former Chapter 6.04, §§ 6.04.000—6.04.120, and § 3 of Ord. No. 2022-55 enacted a new Chapter 6.04 as set out herein. The former Chapter 6.04 pertained to similar subject matter and derived from Ord. No. 2007-60; Ord. No. 2010-60, adopted November 9, 2010 and Ord. No. 2013-46, adopted November 5, 2013; Ord. No. 2016-61, adopted December 20, 2016; Ord. No. 2016-62, adopted December 20, 2016; Ord. No. 2019-41, adopted October 1, 2019 and Ord. No. 2019-42, adopted October 1, 2019.

There is hereby adopted the entirety of that certain code known as the "2022 California Fire Code" and Sections 101, 103, 104, 106, 108, 113, Section 503 and appendices B, C and D of the 2022 California Fire Code, save and except such portions as are hereinafter deleted, modified, or Amended. One copy of said Code is on file with the Clerk of the Board of Supervisors.

The following sections shall constitute the deletions, modifications, amendments, and additions to the 2022 California Fire Code.

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

Section 101.1 (Title) is amended to read:

This Code shall be known as the "Alameda County Fire Code," may be cited as such, and will be herein referred to as "this Code."

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

Section 1.11.2.1.1 (Enforcement) is amended by deleting #1, 1.1:

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

Section 103.1 (Creation of agency) is amended to read:

The Alameda County Fire Department and the Fire Chief in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

Section 107.2 (Schedule of permit fees) is amended by the following addition:

The County of Alameda and the Alameda County Fire Department may charge and collect fees according to the fee schedule adopted in Alameda County Ordinance O-93-17 (Fees for Service), which is on file with the Clerk of the Board of Supervisors and is incorporated by reference herein. The fee schedule may be updated and amended from time to time by resolution of the Board of Directors of the Alameda County Fire Department.

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

Section 111.1 (Board of appeals established) is amended to read:

1. Board of Appeals — In order to hear and decide appeals or orders, decisions or determinations made by the Fire Chief relative to the application and interpretation of this code, there shall be and is hereby created a Board of Appeals to provide interpretations of the Code other than those approved by the Fire Chief.

Upon receipt of an appeal in writing, the Fire Chief shall request the appointment by the Board of Supervisors of a Board of Appeals consisting of five (5) members qualified by experience and training to pass upon matters pertaining to the subject matter of the appeal and to serve until disposition of the appeal. The Fire Chief or his/her designee shall be an ex officio member of the Board of Appeals and act as the secretary. The Board of Appeals shall adopt reasonable rules for conducting its hearings and investigations.

The Board of Appeals shall, after considering all facts presented, render a decision as to the applicability and interpretation of this Code and as to an alternate means of protection; and determine if the proposal is equivalent to those specified in these regulations in quality, strength, effectiveness, fire resistance, durability and safety. The Board of Appeals shall submit to the applicant and Fire Chief its decision as well as findings and recommendations.

Any recommendations, actions or decisions by the Board of Appeals shall not be construed as to permit a violation of any other codes or laws. The decision of the Board of Appeals shall be appealable to the Board of Supervisors. The applicant or Fire Chief may promptly request a review thereof by the Board of Supervisors. The Board of Supervisors may limit its review to pertinent parts of the record, findings and decision of the Board of Appeals or at its sole discretion may take additional evidence or arguments on the issue.

2. Appeals — Whenever the Fire Chief shall disapprove an alternate means of protection, refuse to grant a permit or application, or when it is claimed that the provisions of this Code do not apply, or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Board of Appeals. Such appeal shall be made within 15 days from the date of the Fire Chief's decision.

Whenever any subject regulated in this Code is also regulated by Title 15 of the Alameda County Ordinance Code, the provisions of this Code, which are applicable to new construction, alteration or repair, shall be enforced by the Fire Chief and by the Alameda County Building Official if a building permit is required for such new construction, alteration or repair by Title 15 of the Alameda County Ordinance Code.

If there is a conflict between the enforcement of this Code by the Fire Chief and the enforcement of Title 15 by the Building Official, the more restrictive requirements shall apply.

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

Section 112.3 (Notice of violation) is amended by adding the following sentence at the end of the section:

In cases of extreme danger to persons or property, immediate compliance shall be required, and/or the Fire Chief may remove, or cause to be removed, the hazard at the expense of the owner or responsible party.

Section 112.4 (Violation penalties) is amended to read:

1. Any person, firm, corporation, association, or government entity which is regulated by this Code and has violated, or caused to be violated, or permitted to be violated any provisions of this Code, shall be deemed guilty of an infraction, unless such violation is specified to be a misdemeanor.

2. Any person, firm, corporation, association, or government entity convicted of a misdemeanor under the provisions of this Code shall be subject to a fine, or imprisonment, or both, not to exceed to limits set forth in California Penal Code Section 19.

3. Any person, firm, corporation, association, or government entity convicted of an infraction under the provisions of this Code shall be punishable upon first conviction by a fine of not less than fifty dollars.

4. In addition to the foregoing penalties, any condition caused or permitted to exist in violation of any of the provisions of this Code, shall be deemed a public nuisance and may be abated as such.

5. Each person, firm, corporation, association, or government entity shall be guilty of 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 any of them, and shall be punishable accordingly.

6. The Fire Chief and his/her authorized representatives may make arrests or issue citations for any violations of this Code, or any other ordinance of the County of Alameda and laws of the State of California pertaining to fire prevention, protection and life safety.

7. Any person, firm, corporation, association, or government entity operating or maintaining any occupancy, premises, or vehicle subject to this Code shall not permit or allow a fire hazard to exist or fail to take

immediate action to correct same on premises under his control or ownership. Failure to comply with an order or notice when ordered or notified to do so by the Fire Chief or his/her authorized representatives shall be deemed a misdemeanor.

Section 112.5 (Administrative abatement) is added to read:

The provisions of this Code may be enforced pursuant to procedures specified in equity or law, including any relevant provisions in the Alameda County Ordinance Code, such as, but not limited to, Chapter 15.28 of Title 15 of the Alameda County Ordinance Code.

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

Section 113.4 (Failure to comply) is amended to read:

Whenever any installation of fire protection devices covered by this Code is concealed without first having been inspected, the Fire Chief may require, by written notice, that such work shall be exposed for inspection. Whenever any construction or installation work is being performed in violation of the plans and specifications as approved, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be done on that portion of the project until the violation has been corrected.

Where work for which a permit is required by this Chapter is started or proceeds prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows:

The payment of such penalty fee shall not relieve any person from fully complying with the provisions of this Chapter.

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

Section 903.2.1.1 (Group A-1) is amended to read:

An automatic sprinkler system shall be provided for fire areas containing Group A-1 occupancies and intervening floors of the building where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet (465 m² ).

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multi-theater complex.

Section 903.2.1.3 (Group A-3) is amended to read:

An automatic sprinkler system shall be provided for fire areas containing Group A-3 occupancies and intervening floors of the building where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet (465 m² ).

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The structure exceeds 5,000 square feet (465 m² ), which contains more than one fire area containing exhibition and/or display rooms and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

Section 903.2.1.4 (Group A-4) is amended to read:

An automatic sprinkler system shall be provided for fire areas containing Group A-4 occupancies and intervening floors of the building where one of the following exists:

1. The fire area exceeds 5,000 square feet (465 m² ).

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

Section 903.2.3 (Group E) is amended to read:

An automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 5,000 square feet (465 m² ) in area.

2. Throughout every portion of education buildings below the lowest level of exit discharge serving that portion of the building.

3. In rooms or areas with special hazards such as laboratories, vocational shops and other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

4. Throughout any Group E greater than 5,000 square feet (465 m² ) in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

5. For public school state-funded construction projects, see Section 903.2.19 and 903.2.20.

Section 903.2.4 (Group F-1) is amended to read:

An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. A group F-1 fire area exceeds 5,000 square feet (465 m² ).

2. The Group F-1 fire area is located more than three stories above grade plane.

Section 903.2.4.1 (Woodworking operations) remains.

Section 902.2.4.2 (Group F-1 distilled spirits) remains.

Section 903.2.4.3 (Group F-1 upholstered furniture) remains.

Section 903.2.7 (Group M) is amended to read:

An automatic sprinkler system shall be provided throughout buildings containing Group M occupancies where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet (465 m² ).

2. A Group M fire area is located more than three stories above the grade plan.

Section 903.2.7.1 (High-piled storage) remains.

Section 903.2.9 (Group S-1) is amended to read:

An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 fire area exceeds 5,000 square feet (465 m² ).

2. A Group S-1 fire area is located more than three stories above grade plane.

Section 903.2.9.1 (Repair garages) is deleted.

Section 903.2.9.2 (Bulk storage of tires) is deleted.

Section 903.2.9.3 (Group S-1 distilled spirits or wine) remains.

Section 903.2.9.4 (Group S-1 upholstered furniture and mattresses) remains.

Section 903.2.10 (Group S-2 enclosed parking garages) is amended to read:

An automatic sprinkler system shall be provided throughout all buildings classified as enclosed parking garages by Section 406.6 of the California Building Code as follows:

1. Where the fire area of the enclosed parking garage exceeds 5,000 square feet (465 m² ).

2. Where the enclosed parking garage is located beneath other groups.

Section 903.2.10.1 (Commercial parking garages) is deleted.

Section 903.2.10.2 (Mechanical-access enclosed parking garages) remains.

Section 903.2.13 (Reserved) is amended to read:

An automatic sprinkler system shall be provided for Group B occupancies where the fire area exceeds 5,000 square feet (465 m² ).

Section 903.2.22 (Existing Buildings) is added to read:

When an addition to an existing building causes the total square footage of the building to exceed 5,000 square feet (465 m²) the entire building shall be equipped with sprinklers.

Section 903.2.23 (Existing Buildings) is added to read:

When a change in occupancy or use to more hazardous occurs, the structure will be required to meet the requirements as set forth for new construction for the new occupancy classification.

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

Section 907.11 (False Alarms) is added to this Code to read:

Section 907.11.1 (Excessive False Alarms) is added to this Code to read:

Malfunctions, or mechanical trip of any sprinkler alarm or other fire protection or detection system resulting in an alarm and emergency dispatch of the Fire Department may be subject to a false alarm charge as established by this Code.

Exception: During a thirty (30) day period following the installation of any new fire alarm system, the Fire Chief shall determine if the false alarms emanating from said new installation are excessive.

Section 907.11.2 (Charges) is added to read:

After the initial thirty (30) day period following the installation of a new system, two (2) or more false alarms within a consecutive ninety (90) day period shall be deemed excessive and will be charged as false alarms.

Section 907.10.3 (False Alarm Charges) is added to read:

1st false alarm Warning Letter

2nd false alarm in any 90-day period $100.00

3rd and subsequent false alarms in any 90-day period $200.00

(Ord. No. 2022-55, § 3, 12-6-22; Ord. No. 2022-56, § 3, 12-6-22)

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Editor's note— Ord. No. 2021-48, §§ 1—4, adopted November 23, 2021, in effect repealed the former Chapter 6.40, §§ 6.40.010—6.40.740, and §§ 1—3 of Ord. No. 2021-48 enacted a new Chapter 6.40 as set out herein. The former Chapter 6.40 pertained to similar subject matter garbage collection and disposal and derived from prior gen. code §§ 3-57.0—3-81.0 and 3-85.0; Ord. No. 2012-59, adopted April 10, 2012 and Ord. No. 2013-10, adopted February 26, 2013.

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Editor's note— Ord. No. 2021-22, § 1, adopted May 18, 2021, renamed Chapter 6.68 from grade food facilities to retail food facility ordinance.