Title 8 — HEALTH AND SAFETY Chapter 8.04 - ADOPTION OF CALIFORNIA FIRE CODE

There is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, that certain code known as the 2022 California Fire Code, including Appendix Chapters 4, A, B, BB, C, CC, D, E, F, H, I and O; the 2018 International Property Maintenance Code as published by the International Code Council, the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by the rest of this chapter, one copy of which has been and is now filed in the office of building and life safety of the City of Arroyo Grande and the same is hereby adopted and incorporated as fully as if set out in full herein, and from the date on which this ordinance shall take effect, the provision thereof shall be controlling within the limits of the city of Arroyo Grande.

(Ord. 594 § 2, 2007: Ord. 534 § 1, 2002: prior code § 4-2.01)

(Ord. No. 627, § 3, 12-14-2010; Ord. No. 657, § 3, 10-8-2013; Ord. No. 679, § 3, 10-25-2016; Ord. No. 710, § 2, 1124-2020; Ord. No. 721, § 16, 1-24-2023)

A.

Section [A] 112.4 of the 2022 California Fire Code is amended to read as follows:

Persons who shall violate the provisions of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire chief or the building official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(Ord. No. 627, § 5, 12-14-2010; Ord. No. 657, § 4, 10-8-2013; Ord. No. 679, § 4, 10-25-2016; Ord. No. 710, § 3, 1124-2020; Ord. No. 721, § 16, 1-24-2023)

A.

Section 113.4 of the 2022 California Fire Code is amended in its entirety to read as follows:

Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be liable for a fine of not less than triple the amount charged for the original permit fee(s) or one thousand dollars ($1,000.00), provided, however, that the

maximum fine shall not exceed one thousand dollars ($1,000.00). Each day that a violation continues shall be deemed a separate offense.

(Ord. No. 627, § 6, 12-14-2010; Ord. No. 657, § 5, 10-8-2013; Ord. No. 679, § 5, 10-25-2016; Ord. No. 710, § 4, 1124-2020; Ord. No. 721, § 16, 1-24-2023)

Sections 903.2 through 903.2.11.3 of the 2022 California Fire Code shall be deleted in its entirety and replaced with the following:

903.2 Where required. Automatic sprinkler systems shall be installed in the following locations:

1.

In all new buildings and structures that exceed 1,000 square feet.

2.

In additions or alterations for all buildings or structures as follows:

a.

Throughout structures where additions add more than 50% of the existing square footage to the structure AND results in a total square footage in excess of 1,000 (one thousand) square feet.

b.

Throughout existing structures where alterations encompass more than 50% of the existing square footage of the structure AND is in excess of 1,000 (one thousand) square feet.

c.

Throughout structures where additions and alterations combined encompass more than 50% of the existing square footage of the structure AND are in excess of 1,000 (one thousand) square feet.

d.

Where there is a change of occupancy to a more hazardous use as determined by the building official or fire chief based on Table 903.2.1:

Table 903.2.1

Hazard Categories

e.

These requirements will be applicable to the combined square footage of all building permits issued for the address or site within the last five years. Buildings or structures separated by less than ten (10) feet shall be considered as a single building or structure unless separation is provided by a permitted, code compliant, rated assembly.

f.

In buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled.

For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building (measured from the exterior surface of these exterior walls). For the purpose of calculating square footage for the application of fire sprinkler requirements and fire flow, the floor area shall be as defined by Floor Area Gross in Section 202 of this code.

The provisions of this section shall not apply to those occupancies regulated by section R313 of the 2022 California Residential Code and those sections of R313 shall apply.

(Ord. 594 § 4, Exh. B, 2007; Ord. No. 627, § 7, 12-14-2010 Ord. No. 657, § 6, 10-8-2013; Ord. No. 679, § 6, 10-252016; Ord. No. 710, § 5, 11-24-2020; Ord. No. 721, § 16, 1-24-2023)

Appendix D 2022 California Fire Code section D107.1 is hereby amended as follows: delete exception 1.

(Ord. No. 627, § 8, 12-14-2010; Ord. No. 657, § 7, 10-8-2013; Ord. No. 679, § 7, 10-25-2016; Ord. No. 710, § 6, 1124-2020; Ord. No. 721, § 16, 1-24-2023)

The California Fire Code and the International Property Maintenance Code, with amendments set forth in this division shall be enforced by the Five Cities Fire Authority, which shall be operated under the fire chief of the Five Cities Fire Authority. The fire chief of the Five Cities Fire Authority may designate qualified individuals as inspectors as shall be necessary from time to time.

(Ord. No. 627, § 9, 12-14-2010)

A.

Whenever the word "jurisdiction" is used in the California Fire Code or in this chapter, it shall mean the city of Arroyo Grande.

B.

Wherever the term "city council" is used in the California Fire Code or in this chapter, it shall mean the city council of the city of Arroyo Grande.

(Ord. No. 627, § 10, 12-14-2010; Ord. No. 657, § 8, 10-8-2013; Ord. No. 679, § 8, 10-25-2016)

A.

All references within the code to the International Code, as adopted by Section 15.04.010(J), shall read: California Code.

B.

The following section of the 2018 International Property Maintenance Code is amended in its entirety to read as follows:

Section 112.4—Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than triple the amount charged for the original permit fee(s) or $1,000 provided, however, that the maximum fine shall not exceed one thousand dollars ($1,000.00). Each day that a violation continues shall be deemed a separate offense.

(Ord. No. 627, § 11, 12-15-2010; Ord. No. 657, § 10, 10-8-2013; Ord. No. 679, § 9, 10-25-2016; Ord. No. 710, § 7, 1124-2020)

Editor's note— Ord. No. 679, § 9, adopted Oct. 25, 2016, changed the title of § 8.04.028 from "Amendments—2012 International Property Maintenance Code" to read as herein set out.

Section 103.5 of the 2018 International Property Maintenance Code, entitled "Fees," is amended in its entirety to read as follows:

103.5 Fees. The fees for activities and services performed by this department in carrying out its responsibilities under this code shall be set and amended from time to time by resolution of the city council.

(Ord. 594 § 5, Exh. C, 2007; Ord. No. 657, § 11, 10-8-2013; Ord. No. 679, § 10, 10-25-2016; Ord. No. 710, § 8, 11-242020)

Editor's note— Ord. No. 679, § 11, adopted Oct. 25, 2016, repealed § 8.04.032, which pertained to sky lanterns and derived from Ord. No. 657, § 9, adopted Oct. 8, 2013.

Where an emergency situation is caused or exacerbated by a willful act, a negligent act, or a violation of the fire code, building code, or any other applicable law, ordinance or regulation, the cost of emergency service to mitigate and secure any emergency that is within the responsibility of the fire chief is a charge against the person who caused the emergency or who caused the circumstances leading to the creation of the emergency, and such person shall be liable for the costs of such services. Damages and expenses incurred by any public agency providing emergency services or mutual aid shall constitute a debt of such person and shall be collectible by the fire chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Costs and expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to mitigate or secure the emergency, monitor remediation, and clean up.

(Ord. 594 § 6, Exh. D, 2007)

(Ord. No. 627, § 12, 12-14-2010)