Auburn Municipal Code § 99.09 Suspension, Revocation Or Disconnection

Upon the suspension, revocation or disconnection of any alarm system under this chapter, the city shall be relieved of all responsibility of responding to any alarm other than the notification by an individual in direct contact with the Police Department or Fire Department of any emergency situation on the alarm user's property.

(1973 Code, § 4-10.09) (Ord. 771, eff. 4-21-1982)

100 FIRE PREVENTION; BURNING 100.01-.02 General Provisions (Sections 100.01-100.02)

100.15-.18 Burning Regulations (Sections 100.15-100.18)

100.30-.39 Fireworks (Sections 100.30-100.39) 100.50-.60 California Fire Code (Sections 100.50-100.60) 100.65-.71 Very High Fire Hazard Severity Zones (Sections 100.65-100.69)

100.01-.02 General Provisions (Sections 100.01-100.02) 100.01 False Fire Alarm; Reward Offered 100.02 Fire Hydrants; Use Limited

There is hereby offered a reward in the amount of $50 in each case to any person furnishing information leading to the apprehension and conviction of any person violating the provisions of Cal. Penal Code § 148.4 which provisions make it a crime to turn in a false fire alarm. The reward shall be limited to one reward of $50 for each violation of the provisions of the Penal Code, regardless of whether there are 1 or more claimants and 1 or more persons convicted.

(1973 Code, § 4-2.201) (Ord. 526, eff. - -)

No person shall use any fire hydrant in the city, except members of the Fire Department of the city, city employees, and any other persons whom the City Manager may designate, in writing, as having the necessity to use fire hydrants in the course of city or Fire Department business.

(1973 Code, § 4-2.301) (Ord. 440, eff. - -) Penalty, see § 100.99

100.15-.18 Burning Regulations (Sections 100.15-100.18)

100.15 Permits Required 100.16 Nuisances 100.17 Stop Orders 100.18 Hours

No person shall burn, or cause to be burned, any flammable material, paper, waste, rubbish, refuse or similar material within the city without a valid permit therefor issued by the Fire Chief.

(1973 Code, § 4-7.01) (Ord. 681, eff. 3-24-1976) Penalty, see § 100.99

100.16 Nuisances

In no event shall any person burn, or cause to be burned, any flammable material, paper, waste, rubbish, refuse or similar material within the city, or within 25 feet of a building, improvement, or other flammable material, which causes, in the opinion of the Fire Chief, any offensive smoke or odor to the occupants of any building or property within the city.

(1973 Code, § 4-7.02) (Ord. 681, eff. 3-24-1976) Penalty, see § 10.99

The Fire Chief, in any case where it appears to him that the burning of any flammable material, paper, waste, rubbish, refuse or similar material constitutes a safety hazard to neighboring properties or persons or is likely to create undue smoke or odor and thereby be offensive to the senses of occupants of any building or neighboring property, may serve a written order on the person or persons doing, permitting, or causing the burning, requiring that the burning shall thereupon immediately cease.

(1973 Code, § 4-7.03) (Ord. 681, eff. 3-24-1976) Penalty, see § 10.99

All burning of flammable material, paper, waste, rubbish, refuse or similar material in the city shall take place during hours approved by the Fire Chief and approved as a "burn day" by the Placer County Air Pollution Control Agency.

(1973 Code, § 4-7.04) (Ord. 681, eff. 3-24-1976; Am. Ord. 90-9, eff. 5-23-1990)

100.30-.39 Fireworks (Sections 100.30-100.39) 100.30 Authority 100.31 Permits; Required 100.32 Permits; Applications 100.33 Permits; Investigations And Reports 100.34 Permits; Granting Or Denial 100.35 Permits; Issuance; Conditions Precedent 100.36 Permits; Fireworks Displays 100.37 Permits; License Fees 100.38 Permits; Limitations 100.39 Sales And Uses Prohibited; Exceptions

The provisions of this subchapter are enacted pursuant to the authority contained in the state's Fireworks Law and particularly in the provisions of Cal. Health and Safety Code §§ 12640 through 12650. All definitions therein set forth are hereby adopted. References to all or any portion of the state's Fireworks Law refer to the law as amended in the future and as in effect at any given time.

(1973 Code, § 4-2.401) (Ord. 638, eff. - -)

100.31 Permits; Required

1. No person, without securing a permit from the Fire Chief, shall do any of the following:

   1. Manufacture, import, export, possess or sell any fireworks at wholesale or retail for any use, including agricultural purposes or wildlife control;

   2. Discharge dangerous fireworks any place;

   3. Make a public display of fireworks; or

   4. Transport fireworks, except as a public carrier.

2. The provisions of this section shall not apply to the transportation of safe and sane fireworks by retail licensees or to any purchase at retail or to the use of safe and sane fireworks, nor shall the provisions apply to purchases at retail or the use of automobile, marine and aircraft signal flares.

(1973 Code, § 4-2.402) (Ord. 638, eff. - -)

1. Any adult person or other group desiring to do any act set forth in § 100.31 shall first make a written application for a permit to the Fire Chief.

2. Applications for the permits shall be made in writing at least 30 days in advance of any proposed fireworks display.

(1973 Code, § 4-2.403) (Ord. 638, eff. - -; Am. Ord. 772, eff. 4-21-1982)

100.33 Permits; Investigations And Reports

1. The Fire Chief shall promptly investigate and submit a report of his or her findings and recommendations for or against the issuance of the permits required by the provisions of this subchapter, together with his or her reasons therefor, to the Council.

2. In making his or her investigations, reports and recommendations, the Fire Chief shall be guided by those factors which, in his or her experience, he or she has learned materially affect the safety of the citizens of the city and the safety of their property. He or she may also consider the past history of any applicant or the lack of the applicant's fireworks' experience in the city, its safety record, and any facts related to the applicant's ability to work with the Fire Department and Police Department.

3. The Fire Chief may also consider whether or not the applicant is a charitable, benevolent or patriotic non-profit organization.

(1973 Code, § 4-2.404) (Ord. 638, eff. - -)

The Fire Chief shall have the power, in his or her discretion, to grant or deny the application, subject to such reasonable conditions, if any, as the Fire Chief shall prescribe.

(1973 Code, § 4-2.405) (Ord. 638, eff. - - ; Am. Ord. 18-12, eff. 9-10-2018)

100.35 Permits; Issuance; Conditions Precedent

Compliance with the provisions of Cal. Health and Safety Code §§ 12602, 12610, 12644 and 12649, and any further amendments thereto, shall be conditions precedent to the issuance of a permit pursuant to the provisions of this subchapter.

(1973 Code, § 4-2.406) (Ord. 638, eff. - -)

If the application is for a permit for a public display of fireworks, the Fire Chief shall make the investigation and grant or deny the application either conditionally or absolutely in accordance with the provisions of Cal. Health and Safety Code § 12645.

(1973 Code, § 4-2.407) (Ord. 638, eff. - -)

100.37 Permits; License Fees

The sale or display of fireworks is declared to be a business upon which there is hereby fixed, for revenue purposes, a license fee of $250, the amount of which may be amended from time to time by resolution of the City Council, for that portion of any calendar year in which the licensee is granted a permit for that purpose.

(1973 Code, § 4-2.408) (Ord. 638, eff. - - ; Am. Ord. 18-12, eff. 9-10-2018)

100.38 Permits; Limitations

In granting or denying any application for a permit pursuant to the provisions of this subchapter, the Fire Chief may limit the number of permits granted to any number which is found to be a suitable number of permits which will give the maximum effective control by the public safety departments of the city, taking into consideration the inherently dangerous nature of fireworks and the resultant serious dangers to persons and property likely or possibly resulting from insufficient control and supervision of their sale and use.

(1973 Code, § 4-2.409) (Ord. 638, eff. - - ; Am. Ord. 18-12, eff. 9-10-2018)

100.39 Sales And Uses Prohibited; Exceptions

1. Except as otherwise authorized by the Fireworks Laws of the state and §§ 100.30 through 100.38 of this chapter, all sales of fireworks and all use or discharge of fireworks within the city is hereby prohibited.

2. Excepted from the provisions of this section shall be public displays of fireworks by permit as regulated by this subchapter and the Fireworks Law of the state.

(1973 Code, § 4-2.410) (Ord. 704, eff. 5-25-1977; Am. Ord. 90-9, eff. 5-23-1990; Am. Ord. 18-12, eff. 9-102018)

100.50-.60 California Fire Code (Sections 100.50-100.60) 100.50 Adoption Of The Fire Code 100.51 Enforcement Of The Fire Code 100.52 Definitions

100.53 Limits In Which The Storage Of Class I And Class II Liquids In Above-Ground Tanks Outside Of Buildings Is Prohibited

100.54 Limits In Which The Storage Of Class I And Class II Liquids In Above-Ground Tanks Is Prohibited 100.55 Limits In Which The Storage Of Flammable Cryogenic Fluids In Stationary Containers Is Prohibited 100.56 Limits In Which The Storage Of Liquefied Petroleum Gas Is Restricted For The Protection Of Heavily Populated Or Congested Areas

100.57 Appeals 100.58 Amendments To The Fire Code 100.59 Findings 100.60 Fee Schedules

100.50 Adoption Of The Fire Code

For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the “California Fire Code”, 2025 Edition, including the administrative provisions based on the 2024 International Fire Code including Appendices, as published by the International Code Council (ICC) as adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, Part 9, one (1) copy of which is on file in the office of the Building Department for public record and inspection, are hereby adopted

by reference and made a part of this subchapter as though set forth in this chapter in full, subject, however, to the amendments, additions, and deletions set forth in this subchapter, the provisions thereof shall be controlling within the limits of the City, and the codes shall be known as the Fire and Safety Code of the City.

(1973 Code, § 4-2.101) (Ord. 744, eff. 9-12-1979; Am. Ord. 90-8, eff. 5-23-1990; Am. Ord. 94-3, eff. 3-30-1994; Am. Ord. 04-1, eff. 3-22-2004; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 1309, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022 Amended by Ord. 25-07 on 11/10/2025 100.51 Enforcement Of The Fire Code

The Fire Code as adopted and amended herein shall be enforced by the Fire Department of the City of Auburn and which shall be operated under the direction of the Chief of the Department.

(1973 Code, § 4-2.102) (Ord. 744, eff. 9-12-1979; Am. Ord. 91-7, eff. 5-22-1991; Am. Ord. 04-1, eff. 3-22-2004; Am. Ord. 07-09, eff. 12-10-2007)

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHIEF OF THE BUREAU OF FIRE PREVENTION . When used in the Fire Code, it shall be held to mean the Fire Marshal or duly appointed individual performing such duties ad directed by the Fire Chief.

CORPORATION COUNSEL . When used in the Fire Code, it shall mean the attorney for the city.

FIRE HYDRANT . When used in the Fire Code, it shall mean a wet barrel type hydrant with one 4-1/2 inch outlet and two 2-1/2 inch outlets.

JURISDICTION . When used in the Fire Code, it shall be held to mean the city.

OPEN BURNING . Shall have the same meaning as in the Fire Code: The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudgepots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces. For the purpose of this definition, a chamber shall be regarded as enclosed when, during the time combustion occurs, only apertures, ducts, stacks, flues or chimneys, necessary to provide combustion air and permit the escape of exhaust gas are open.

RECREATIONAL FIRE . Shall have the same meaning as in the Fire Code: An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or barbeque pit and has a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (610 mm) or less in height for pleasure, religious, ceremonial, cooking, warmth or similar purposes.

(1973 Code, § 4-2.103) (Ord. 744, eff. 9-12-1979; Am. Ord. 749, eff. 12-10-1979; Am. Ord. 07-09, eff. 12-102007; Am. Ord. 18-06, passed 6-25-2018)

100.53 Limits In Which The Storage Of Class I And Class II Liquids In Above-Ground Tanks Outside Of Buildings Is Prohibited

(A) The limits referred to in section 5704.2.9.6.1 of the Fire Code, in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited are hereby established as areas where such use as determined by the Fire Chief may be restricted in accordance with the city zoning ordinance.

(B) The Council, by resolution, may modify the limits of the districts established by the provisions of this section.

(1973 Code, § 4-2.105) (Ord. 744, eff. 9-12-1979; Am. Ord. 90-9, eff. 5-23-1990; Am. Ord. 94-3, eff. 3-30-1994; Am. Ord. 04-1, eff. 3-22-2004; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 1309, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 22-04 on 11/14/2022

100.54 Limits In Which The Storage Of Class I And Class II Liquids In Above-Ground Tanks Is Prohibited

(A) The limits referred to in section 5706.2.4.4 of the Fire Code, in which the storage of Class I and Class II liquids in above-ground tanks is prohibited are hereby established as areas where such use, as determined by the Fire Chief, may be restricted in accordance with the City zoning ordinance.

(B) The Council, by resolution, may modify the limits of the districts established by the provisions of this section.

(Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019

100.55 Limits In Which The Storage Of Flammable Cryogenic Fluids In Stationary Containers Is Prohibited

(A) The geographic limits referred to in section 5806.2 of the Fire Code, in which the storage of flammable cryogenic fluids in stationary containers is prohibited, are hereby established as areas where certain use, as determined by the Fire Chief, may be restricted in accordance with the city zoning ordinance.

(B) The Council, by resolution, may modify the limits of the districts established by the provisions of this section, unless other applicable law requires an amendment to occur via ordinance.

(1973 Code, § 4-2.104) (Ord. 744, eff. 9-12-1979; Am. Ord. 90-9, eff. 5-23-1990; Am. Ord. 94-3, eff. 3-30-1994; Am. Ord. 04-1, eff. 3-22-2004; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 1309, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019

100.56 Limits In Which The Storage Of Liquefied Petroleum Gas Is Restricted For The Protection Of Heavily Populated Or Congested Areas

(A) The geographic limits referred to in section 6104.2 of the Fire Code, in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas, are hereby established as areas where certain use, as determined by the Fire Chief, may be restricted in accordance with the city zoning ordinance.

(B) The Council, by resolution, may modify the limits of the districts established by the provisions of this section.

(1973 Code, § 4-2.106) (Ord. 744, eff. 9-12-1979; Am. Ord. 94-3, eff. 3-30-1994; Am. Ord. 04-1, eff. 3-22-2004; Am. Ord. 07-09, eff. 12-10-2007; Am. Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 1603, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019

100.57 Appeals

Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Fire 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 City Council within 30 days after the date of the decision appealed.

(1973 Code, § 4-2.107) (Ord. 744, eff. 9-12-1979; Am. Ord. 07-09, eff. 12-10-2007)

100.58 Amendments To The Fire Code

(A) Fire Code Section 202; is amended to read as follows:

Definitions, Added: (1) EMERGENCY ACCESS. A road that provides access for emergency vehicles during an emergency and egress/evacuation for non-emergency vehicles simultaneously.

(B) Fire Code Section 503.2.1 is amended to read as follows:

(1) Dimensions. Fire apparatus roads and Emergency Access shall have an unobstructed width of not less than 26 feet, exclusive of shoulders, and an unobstructed vertical clearance of not less than 15 feet.

(C) Fire Code Section 503.4 is amended to read as follows:

(1) Obstruction of Emergency Access. Emergency Access shall not be obstructed in any manner, including the parking of vehicles. Minimum widths and clearances shall be maintained at all times.

(D) Fire Code Section 903.2 is amended to read as follows:

(1) In all occupancies except Group U Occupancies an approved automatic sprinkler system shall be installed where the occupancy/building has 3,600 or more square feet of total floor area, except where other sections of the CFC, CBC, or the California State Fire Marshals regulations are more restrictive, then the more restrictive shall apply. Where additions increase the total size of the building to 3,600 square feet or more, the addition and the existing occupancy/building shall be provided with an approved automatic sprinkler system. Fire separation areas shall not be used to reduce this requirement.

1. Group R Division 3 occupancies shall comply with applicable Building Code requirements.

(E) Fire Code Section 903.3.1.3 is amended to read as follows:

(1) Automatic sprinkler systems installed in one-and two family dwellings, Groups R-3 and R-4 congregate living facilities and townhouses shall be permitted to be installed throughout in accordance with the latest edition of NFPA Standard 13D and shall be equipped with a residential fire sprinkler water flow switch and interconnected to an outside audible device and to the residential smoke detector alarm system.

(F) Fire Code Section 903.4 is amended to read as follows:

(1) All valves controlling the water supply for automatic sprinkler systems and water-flow switches on all sprinkler systems shall be electronically supervised. Valve supervision, water-flow alarm, fire alarm systems, and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station.

EXCEPTION: 1. Group R, Division 3 Occupancies are not required to be monitored.

(G) Fire Code Section 907.2 is amended to read as follows:

(1) Where required. All occupancies except Group R, Division 3 and Group U occupancies shall have an approved automatic fire alarm system installed when the occupancy/building does not have an approved automatic sprinkler system installed and is greater than 1,500 or more square feet of total floor area, except where other sections of the CFC, CBC, or the California State Fire Marshals regulations are more restrictive, then the more restrictive shall apply.All A, B, E, F, H, I, L, M, and S occupancies shall have an automatic fire alarm system installed in addition to any other system(s) required by the this code. Where additions increase the total size of the occupancy/building to 1,500 square feet or more the addition and the existing occupancy/building shall be provided with an approved automatic fire alarm system. Existing facilities that do not contain any fire alarm system are required to install an approved automatic fire alarm system whenever the occupancy use changes. Fire alarm system shall mean, but not limited to, smoke detection, heat detection, manual pull devices, and any other form of fire detection. All automatic fire alarm systems installed shall be automatically transmitted to an approved central station.

(H) Fire Code Section 307.1.1 is hereby amended to read as follows:

Prohibited open burning. Open burning shall be prohibited within the city, except when conducted under a temporary permit authorized by the Fire Chief in accordance with the Fire Code.

(I) Fire Code Section 307.4.2 is hereby amended to read as follows:

Prohibited recreational fires. Recreational fires shall be prohibited within the city, except when conducted under a temporary permit authorized by the Fire Chief in accordance with the Fire Code.

(J) Fire Code Section 103.1 is added to read as follows:

The Fire Department of the City of Auburn is hereby created and the official in charge thereof shall be known as the Code Official. The function of the Fire Department shall be the implementation, administration, and enforcement of the provisions of this code.

(1973 Code, § 4-2.110) (Ord. 748, eff. 12-10-1979; Am. Ord. 90-9, eff. 5-23-1990; Am. Ord. 91-7, eff. 5-22-1991; Am. Ord. 94-3, eff. 3-30-1994; Am. Ord. 04-1, eff. 3-22-2004; Am. Ord. 07-09, eff. 12-10- 2007; Am. Ord. 1012, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017; Am. Ord. 18-06, passed 6-252018)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 Amended by Ord. 25-07 on 11/10/2025 100.59 Findings

(A) The Council, following due consideration, hereby finds and determines that all the amendments, deletions, and additions to the foregoing Fire Code are reasonably necessary due to local climatic, geological, and topographical conditions existing throughout the City. The City hereby finds and declares that: The area within which the City is located is within Very High, High, and Moderate Fire Hazard Severity Zones as designated by CAL FIRE Department of Forestry and Fire Protection and is identified as a City at risk in the National Fire Plan resulting in significant risk to fire. Such conditions increase fire danger by significantly contributing to the spread and intensity of fires and significantly increase the difficulty of effective fire suppression within the City endangering lives and/or millions of dollars in property value. These amendments assist in addressing the fire problems, concerns and future direction by which the authority can establish and maintain an environment which will afford a level of fire and life safety to all who live and work within the City’s boundaries.

(1) Sections 5704.2.9.6.1, 5706.2.4.4, 5806.2, and 6104.2 of the Fire Code are modified to enable the City Council to modify by resolution the limits in which flammable liquids and gases can be stored to ensure public safety.

(2) Sections 202, 503.2.1, and 503.4 of the Fire Code are amended to clearly define regulations and standards to ensure public safety through means of adequate evacuation for citizens and to limit delays in response time for emergency resources and reduce hazards to firefighters.

(3) Sections 903.2, 903.3.1.3, and 907.2 of the Fire Code are amended due to life safety conditions that clearly define the regulations based upon occupancy/building use and the life safety fire protection and detection systems required to ensure public safety. The modifications contained in these amendments provide additional fire extinguishing systems in new construction, major remodels, additions, and occupancy classification changes to help mitigate fire problems and to confine a fire to the area of origin rather than spread to neighboring structures or the wildland. In addition, the use of fire alarm systems ensures early detection and notification so occupants can exit in a safe and efficient manner and so fire in occupancies/buildings may be mitigated in a timely manner.

(Ord. 10-12, eff. 1-12-2011; Am. Ord. 13-09, eff. 1-1-2014 1-1-2014; Am. Ord. 16-03, eff. 1-1-2017)

HISTORY

Amended by Ord. 19-08 on 11/25/2019 100.60 Fee Schedules

1. Fees relating to such services provided by the Fire Department shall be charged according to the applicable fee schedule:

   1. Permit fee schedule.

   2. Planning, reviewing, inspection and related services fee schedule.

   3. Service fee schedule.

2. The Council, by resolution, and upon recommendation of the Fire Chief, shall set forth the specific amount of the fee established by the provisions of this section.

(Ord. 04-1, eff. 3-22-2004; Am. Ord. 07-09, eff. 12-10-2007)

100.65-.71 Very High Fire Hazard Severity Zones (Sections 100.65-100.69) 100.65 Definition 100.66 Designation 100.67 Designation Of Non-Very High Fire Hazard Severity Zones 100.68 Decline To Designate 100.69 Requirements 100.70 Wildland-Urban Interface Fire Area 100.71 Defensible Space Inspections: Requests And Disclosure 100.80-.99 Fire Safe Standards

The following definition shall apply to this subchapter unless the context clearly indicates or requires a different meaning.

VERY HIGH FIRE HAZARD SEVERITY ZONE. A geographic area designated pursuant to Cal. Gov't Code § 51178 and based on consistent statewide criteria and on the severity of fire hazard that is expected to prevail in those areas. Very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

HIGH FIRE HAZARD SEVERITY ZONE. A geographic area designated pursuant to Cal. Gov't Code § 51178 and based on consistent statewide criteria and on the severity of fire hazard that is expected to prevail in those areas. High fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

MODERATE FIRE HAZARD SEVERITY ZONE. A geographic area designated pursuant to Cal. Gov't Code § 51178 and based on consistent statewide criteria and on the severity of fire hazard that is expected to prevail in those areas. Moderate fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.

(Ord. 04-1, eff. 3-22-2004)

HISTORY

Amended by Ord. 25-03 on 4/28/2025 100.66 Designation

The Fire Chief is hereby authorized to designate moderate, high, and very high fire hazard severity zones within 120 days of receiving recommendations from the Office of the State Fire Marshal pursuant to Cal. Gov't Code§ 51178.

(Ord. 04-1, eff. 3-22-2004)

HISTORY

Amended by Ord. 25-03 on 4/28/2025

100.67 Designation Of Non-Very High Fire Hazard Severity Zones

The Fire Chief may designate areas within the City's jurisdiction not identified as very high fire hazard severity zones by the Office of the State Fire Marshal following a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection within the area(s).

The Fire Chief may include areas within the City's jurisdiction not identified as moderate or high fire hazard severity zone by the Office of the State Fire Marshal as moderate and high fire hazard severity zones, respectively.

(Ord. 04-1, eff. 3-22-2004)

HISTORY

Amended by Ord. 25-03 on 4/28/2025 100.68 Decline To Designate

The Fire Chief shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the City's jurisdiction and in exercising its discretion pursuant to section 100.67 may only increase the fire hazard severity zone as identified by the State Fire Marshal for any area within the City's jurisdiction.

(Ord. 04-1, eff. 3-22-2004)

HISTORY

Amended by Ord. 25-03 on 4/28/2025 100.69 Requirements

The Fire Chief has adopted and will implement more stringent requirements to be applied in such Very High Fire Hazard Severity Zones as designated within the City of Auburn as required for the application known as the "Fire Safe Standards".

(Ord. 04-1, eff. 3-22-2004; Am. Ord. 08-03, eff. 1-28-2008)

Pursuant to Government Code section 51179, California Building Code section 701A.3.1 and other applicable law, the City hereby designates all territory within the jurisdictional boundaries of the City as the wildlandurban interface fire area for the purposes of applying the building standards and other regulations contained in the California Building Standards Code as adopted and amended by the City. Due to local topography, vegetation, diurnal winds and the canyon adjacent to the City, all territory within the jurisdictional boundaries of the City is at a significant risk from wildfires.

HISTORY

Adopted by Ord. 19-08 on 11/25/2019 100.71 Defensible Space Inspections: Requests And Disclosure

A. No more than six (6) months prior to the sale, exchange, and/or other transfer of real property in a Very High Fire Hazard Severity Zone, the owner of the real property or his, her, or its authorized agent shall obtain documentation of compliance with the following laws, regulations, and policies, as amended or renumbered from time to time, related to defensible space and vegetation management requirements:

1. California Public Resources Code section 4291; 2. California Government Code section 51182; 3. California Code of Regulations, Title 14, section 1299.03; 4. The California Fire Code, as incorporated and/or amended in this Code; 5. Section 95.27 of this Code; 6. Chapter 100 of this Code;

B. An owner of real property or his, her, or its authorized agent, in a Very High Fire Hazard Severity Zone, shall comply with subdivision A. by: (i) requesting an inspection by the Fire Department which, upon payment of applicable fee(s), shall perform the inspection and issue a report regarding compliance therewith, or (ii) obtaining an inspection from a qualified third party, which shall issue a report regarding compliance therewith, and providing the report to the Fire Department within thirty (30) days of the inspection or prior to the sale, exchange, and/or other transfer of the real property, whichever occurs first. In the event the Fire Chief, or his or her designee, determines the inspection performed or report issued pursuant to (ii) of this subdivision is inadequate or fails to address the requirements of subdivision A., the Fire Department may undertake an additional inspection of the real property in compliance with applicable laws.

C. For purposes of this section, a “qualified third party” shall be a person or entity that possesses a valid business license from the City and performs inspections in accordance with the laws, regulations, and policies as listed in subdivision A.

HISTORY

Adopted by Ord. 24-01 on 2/26/2024 Approved by Ord. 24-04 Replaced Ord 24-01 on 8/12/2024 100.80-.99 Fire Safe Standards 100.80 Findings 100.81 Definitions 100.82 Information On Plans And Specifications 100.83 Compliance Required; Exceptions To Standards 100.84 Roadway And Emergency Access Requirements 100.85 Signing And Building Numbering; Requirements 100.86 Emergency Water Supply Standards 100.87 Fuel Modification Standards; Requirements 100.88 (Reserved) 100.89 Enforcement 100.90 Notice Of Violation 100.91 Public Nuisance 100.92 Conflicting Statutes 100.99 Penalty

100.80 Findings

1. The provisions of this subchapter are reasonably necessary because of the following local climatic, geographical and topographical conditions:

   1. Very High Fire Hazard Severity Zones have been identified and adopted by local ordinance pursuant to Cal. Gov't Code §§ 51175 through 51178.

   2. The Very High Fire Hazard Severity Zones are located in areas, which are subject to periodic conditions of high velocity winds and high temperatures with accompanying low humidity.

   3. The climatic conditions described above are further accentuated by the topographical features of hill and canyon areas, and the presence of highly combustible vegetation in the identified Very High Fire Hazard Severity Zones.

   4. The conditions described above make these areas nearly inaccessible and operationally difficult for fire suppression and evacuation activities.

   5. This subchapter shall apply to all real property located within City of Auburn areas, which are within the Very High Fire Hazard Severity Zone designated pursuant to this subchapter.

   6. The local agency, fire department, at its discretion, may include area within the City of Auburn not identified, as Very High Fire Hazard Severity Zones, as Very High Fire Hazard Severity Zones following a finding supported by substantial evidence in the record that the requirements of the Cal. Gov't Code are necessary for effective fire protection within the area.

2. High Fire Hazard Severity Zones and Moderate Fire Hazard Severity Zones are also located within the City of Auburn of which contain the type and condition of vegetation, topography, weather and structure density to increase the possibility of conflagration fires.

   1. High Fire Hazard Severity Zones and Moderate Fire Hazard Severity Zones are identified as having similar characteristics and conditions as stated in divisions (A)(1) through (A)(6).

   2. Lands surrounding the City of Auburn located in the State Responsibility Area (SRA) have been identified as Very High Fire Severity Zones, High Fire Severity Zones, and Moderate Fire Severity Zones.

   3. The presence of a political boundary identifying Local Responsibility Area (LRA) lands within the City of Auburn, and State Responsibility Area (SRA) lands adjacent to the City of Auburn, do not eliminate the hazard severity or the need for mitigation and therefore shall be treated equally.

3. Because of their similar characteristics and conditions stated herein, and the need for consistent applicability of standards to assist in reducing the severity of loss that can occur in all areas of the City of Auburn, High Fire Hazard Severity Zones and Moderate Fire Hazard Severity Zones within the City of Auburn should be included and considered as Very High Fire Severity Zones.

4. Because of their similar characteristics and conditions stated herein, and the need for consistent applicability of standards to assist in reducing the severity of loss that can occur in all areas of the City of Auburn, the Fire Safe Standards should be applicable to all fire severity zones within the City of Auburn so that consistent conditions and requirements will be applied equally to all areas of fire severity and consistent with adjacent jurisdictions.

5. These findings are made pursuant to Cal. Health and Safety Code §§ 17958.5 and 17958.7.

(Ord. 04-1, eff. 3-22-2004; Am. Ord. 08-03, eff. 1-28-2008)

100.81 Definitions

For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.

ACCESSORY BUILDING . A building used to shelter or support any material, equipment, or occupancy other than a habitable building.

BUILDING . Any structure used or intended for supporting or sheltering any us or occupancy that is defined in the latest adopted edition of the California Building Code. For the purposes of this subchapter, BUILDING includes mobile home and manufactured homes, churches and day care facilities.

DEAD-END ROAD . A road that has only one point of vehicular ingress/egress, including culs-de- sac and looped roads.

DEFENSIBLE SPACE . The area within the perimeter of a parcel, development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter as used herein is the area encompassing the parcel or parcels proposed for construction and/or development, excluding the physical structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, street names and building identification, and fuel modification measures.

DEVELOPMENT . As defined in Cal. Gov't Code § 66418.1.

DRIVEWAY . A vehicular access that serves no more than 2 buildings, or no more than 2 dwelling units, and any number of accessory buildings.

DWELLING UNIT . A single unit providing complete, independent living facilities for 1 or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

FUEL MODIFICATION . An application in which flammable vegetation has been modified by reduction or otherwise, providing reduced fire intensity and duration.

GREENBELTS . A facility or land-use, designed for a use other than fire protection, which will slow or resist the spread of a wildfire. Includes parking lots, irrigated or landscaped areas, golf courses, parks, playgrounds, maintained vineyards, orchards or annual crops that do not cure in the field.

HAMMERHEAD/T . A roadway that provides a "T" shaped, three-point turnaround space for emergency equipment, being no narrower than the road that serves it.

HYDRANT . A valved connection on a water supply/storage system, having the required number of outlets, with male American National Fire Hose Screw Threads (NH) used to supply fire apparatus and hoses with water.

OCCUPANCY . The purpose for which a building, or part thereof, is used or intended to be used.

ONE-WAY ROAD . A minimum of 1 traffic lane designed for traffic flow in 1 direction only.

ROAD, PRIVATE LANES . Vehicular access to more than 1 parcel; vehicular access to no more than 3 parcels with 3 dwelling units.

ROADWAY . Any surface designed, improved, or ordinarily used for vehicle travel.

SAME PRACTICAL EFFECT . An exception or alternative with the capability of applying accepted fire suppression strategies and tactics, and provisions for firefighter safety, including:

1. Access for emergency fire equipment;

2. Safe civilian evacuation;

3. Signing that avoids delays in emergency equipment response;

4. Available and accessible water to effectively attack fire or defend a structure from fire; and

5. Fuel modification sufficient for civilian and firefighter safety.

STREET . Vehicular access to 4 or more parcels and/or dwelling units and buildings.

STRUCTURE . That which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite manner.

TRAFFIC LANE . The portion of a roadway that provides a single lane of vehicle travel.

TURNAROUND . A roadway, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment. Design of the area may be a hammerhead/T or terminus bulb.

TURNOUTS . A widening in a roadway to allow vehicles to pass.

VERTICAL CLEARANCE . The minimum specified height of a bridge or overhead projection above the roadway.

VERY HIGH FIRE HAZARD SEVERITY ZONE . Any geographic area designated pursuant to Cal Gov't Code § 51178 to contain the type and condition of vegetation, topography, weather, and structure density to increase the possibility of conflagration fires.

(Ord. 04-1, eff. 3-22-2004; Am. Ord. 08-03, eff. 1-28-2008)

100.82 Information On Plans And Specifications

1. In addition to all other relevant provisions of this subchapter and amendments thereto, a vicinity plan, scale no smaller than 1 inch equals 100 feet, shall be submitted to and approved by the Fire Department prior to the development proposal, including single family residential subdivisions and multi-family dwellings. The plan(s) shall show the following:

2. All existing and proposed private and public streets on the proposed development property line within 300 feet of the property line of the proposed development, and so identified with street width dimensions.

   2. The location and identification of all existing and proposed fire hydrants within 300 feet of the property line of the proposed development. The water supply shall meet the fire flow requirements as set forth in the latest adopted edition of U.F.C. and amendments thereto.

   3. The location, occupancy classification, and use of abutting properties.

   4. Preliminary fuel modification plans for all improvements in areas containing combustible, vegetation shall be submitted to and approved by the fire department concurrent with the submittal for approval of any tentative map. Final fuel modification plans shall be submitted to and approved by the Fire Department prior to the issuance of a grading permit. The plans shall meet the criteria set forth in fuel modification plan guidelines for Very High Fire Hazard Severity Zones.

   5. Each individual dwelling unit plan shall indicate: driveway dimensions; length, width, grade, turnouts and turnarounds as applicable; location of nearest hydrant; distance and main size; roofing material and Class A rating; noncombustible construction as required; fuel modification/defensible space clearance around structure(s); and posting of address visible from road or street.

   6. Planned development communities and projects shall provide to the Fire Department a comprehensive Fire Plan that describes ways to minimize and mitigate the fire problems that currently exist and or may be created by the development.

3. Prior to the issuance of a grading permit, or if no grading permit is required, prior to the issuance of a building permit for a single family dwelling, plans shall indicate the following: Driveway dimensions; length, width, grade, turnouts and turnarounds as applicable; location of nearest hydrant; distance and main size; roofing material and Class A rating; non- combustible construction as required; fuel modification/defensible space clearance around structure(s); posting of address visible from the road or street.

(Ord. 04-1, eff. 3-22-2004)

100.83 Compliance Required; Exceptions To Standards

1. Application for an exception or mitigated practice producing the same practical effect shall be made in writing to the Fire Chief by an applicant for development or the applicant's representative. The application shall state the specific section(s) of this subchapter for which an exception or mitigated practice is proposed, material facts supporting such request, the details of the exception or mitigated practice proposed indicating the same practical effect. The burden of proving that a proposed exception or mitigated practice is warranted shall be on the applicant.

2. The Fire Chief shall determine whether to grant, deny or modify any application for an exception or mitigated practice.

3. Where an application for an exception or mitigated practice is denied or modified, the applicant may appeal such denial or modification as set forth in § 100.56 of this chapter.

(Ord. 04-1, eff. 3-22-2004) Penalty, see § 100.99

100.84 Roadway And Emergency Access Requirements

Road and street networks, whether public or private, shall provide for safe access for emergency fire equipment and civilian evacuation concurrently, and shall provide unobstructed traffic circulation during a fire emergency.

1. Road, private lanes . All roads shall be constructed to provide a minimum of two 10-foot traffic lanes providing two-way traffic flow, with unobstructed vertical clearance of 15 feet along the entire length, unless other more restrictive standards are required by municipal code or local subdivision requirements.

2. Roadway surface . The surface shall provide unobstructed access to all vehicles, including sedans and fire engines. Surfaces should be established in conformance with local ordinances, and be capable of supporting at least a 40,000 pound load.

3. Roadway grades . The maximum grade for all roads, streets, private lanes and driveways shall not exceed 15%.

4. Roadway radius .

   1. No roadway shall have a horizontal inside radius of curvature of less than 50 feet and additional surface width of 4 feet shall be added to curves of 50-100 feet radius: 2 feet to those from anything over 100 feet.

   2. The length of vertical curves in roadways, exclusive of gutters, ditches, and drainage structures designed to hold or divert water, shall be not less than 100 feet.

5. Roadway turnarounds . Turnarounds are required on driveways and dead-end roads as specified in this subchapter. The minimum turning radius for a turnaround shall be 42 feet from the centerline of the road, with no parking. If a hammerhead/T is used, the top of the "T" shall be a minimum of 60 feet in length.

6. Roadway turnouts . Turnouts shall be a minimum of 10 feet wide and 30 feet long with a minimum 25foot taper on each end.

1. All driveway, road, street, and private land roadway structures shall be constructed to carry at least the, maximum load and provide the minimum vertical clearance as required by Cal. Vehicle Code §§ 35550, 35750, 35250, and as required in this subchapter.

   2. Appropriate signing, including but not limited to weight or vertical clearance limitations, oneway road or single lane conditions, shall reflect the capability of each bridge.

   3. A bridge with only 1 traffic lane may be authorized; however, it shall provide for unobstructed visibility from one end to the other and turnouts at both ends.

2. One-way roads . All one-way roads shall be constructed to provide a minimum of 1 20-foot traffic lane. All one-way roads shall connect to a two-lane roadway at both ends, and shall provide access to an area currently zoned for no more than 10 dwelling units. In no case shall it exceed 1,320 feet in length. A turnout shall be placed and constructed at approximately the midpoint of each one-way road.

3. Dead-end roads .

   1. The maximum length of a dead-end road, including all dead-end roads accessed from that deadend road, shall not exceed the following cumulative lengths:

      1. 800 feet - for lots with more than 1 structure per acre.

      2. 1,320 feet - for lots with not more than 1 structure per 1.00 - 4.99 acres.

      3. 2,640 feet - for lots with not more than 1 structure per 5.00 - 19.99 acres.

      4. 5,280 feet - for lots with not more than 1 structure per 20 acres or greater.

      5. All lengths shall be measured from the edge of the roadway surface at the intersection that begins the road to the end of the road surface at its farthest point. Where a dead-end road crosses areas of differing zoned parcel sizes, requiring different length limits, the shortest allowable length shall apply.

   2. Where parcels are zoned 5 acres or larger, turnarounds shall be provided at a maximum of 1,320foot intervals.

   3. Each dead-end road shall have a turnaround constructed at its terminus.

4. Driveways . All driveways shall provide a minimum 12-foot traffic lane and unobstructed vertical clearance of 15 feet along its entire length.

5. Driveways exceeding 150 feet in length, but not more than 300 feet in length, shall provide a turnout at the 150 foot midpoint. For driveways exceeding 300 feet in length, a turnout shall be provided at midpoint and or no greater than 300- foot intervals apart.

6. A turnaround shall be provided at all building sites with driveways that exceed 150 feet in length and shall be within 50 feet of the building.

7. Flammable vegetation near roads, private lanes, and driveways . Flammable vegetation shall be removed for a distance of 10 feet on each side of a road, private lane or driveway. Additional clearance may be required when the slope percentage is increased and the fuel types and amounts are significant.

8. Gate entrances .

9. Gate entrances shall be at least 2 feet wider than the width of the traffic lane(s) serving that gate.

10. All gates providing access from a road to a driveway shall be located at least 30 feet from the roadway and shall open to allow a vehicle to stop without obstructing traffic on that road.

    3. Where a one-way road with a single traffic lane provides access to a gated entrance, a 40-foot turning radius shall be used.

    4. Streets . Streets shall conform to the standards as specified by the Department of Public Works.

• (Ord. 04-1, eff. 3-22-2004; Am. Ord. 08-03, eff. 1-28-2008) Penalty, see § 100.99

To facilitate locating a fire and to avoid delays in response, all newly constructed or approved roads, streets, and buildings shall be designated by names and numbers, posted clearly visible and legible from the roadway.

1. Street and road signs shall be in accordance with public work standards consistent with the city standards and applicable sections of this Code.

2. Building addressing shall be in accordance with city standards and applicable sections of this Code.

3. When buildings are over 150 feet of the roadway, the building address shall be posted at the driveway entrance.

   1. Size of letters, numbers, and symbols for addresses.

   2. Size of letters, numbers and symbols for residential addresses shall be a minimum 4-inch letter height, 1/2-inch stroke; reflectorized, contrasting with the background color of the sign, and visible from both directions of travel along the road. Commercial addresses shall be a minimum 12-inch letter height, 1- inch stroke, reflectorized, contrasting with the background color of the sign, and visible from both directions of travel along the road.

(Ord. 04-1, eff. 3-22-2004; Am. Ord. 08-03, eff. 1-28-2008) Penalty, see § 100.99

Water for fire protection shall be available and accessible in quantities and locations as necessary to attack a wildfire or defend property from a wildfire.

1. Required fire flow for buildings shall be set forth as adopted by the Uniform Fire Code.

2. Locations of fire hydrants shall be as set forth as adopted by the Uniform Fire Code.

3. All residential buildings are to be within 300 feet of a fire hydrant.

4. Water for fire protection shall be available on-site prior to the start of building construction.

(Ord. 04-1, eff. 3-22-2004) Penalty, see § 100.99

1. Reduction of fire hazard . Any person who owns, leases, controls, operates, or maintains any dwelling or structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass covered land, or any land that is covered with flammable material, which area or land is within a Fire Hazard Severity Zone shall at all times do all of the following:

   1. Defensible space . Maintain around and adjacent to any building or structure defensible space by removing and clearing away, for a distance of not less than 100 feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This does not apply to ornamental shrubbery or similar plants that are used as groundcover that do not readily support ignition of fire, and if they do not form a means of rapidly transmitting fire form the growth to any building or structure. Trees shall be permitted within the defensible space provided that the horizontal distance between the crowns of adjacent trees is not less than 10

feet. Deadwood and litter shall be regularly removed from trees. Tree crowns extending to withing 10 feet of any structure shall be pruned to maintain a minimum horizontal clearance of 10 feet. Tree crowns within the defensible space shall be pruned to remove limbs located less than 6 feet above the ground surface.

2. Additional defensible space . Maintain around and adjacent to any building or structure defensible space by removing all brush, flammable vegetation, or combustible growth which is located from 100 feet to 200 feet from any building or structure or to the property line, whichever is nearer, as may be required by the Fire Chief if he/she finds that, because of extra hazardous conditions, such application around the building or structure is needed to provide reasonable fire safety. Grass and other vegetation located more than 100 feet to 200 feet from the building or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion.

3. Trees . Remove that portion of any tree that extends within 10 feet of the outlet of any chimney or stovepipe.

4. Dead or dying wood . Maintain any tree adjacent to or overhanging any building free of dead or dying wood.

5. Vegetative growth . Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth.

6. Chimney and stovepipe . Provide and maintain at all times a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more than ½ inch in size.

7. Disposal of flammable vegetation and fuels . Disposal, including chipping, burying, burning or removal to a landfill site approved by the local jurisdiction, of flammable vegetation and fuels caused by site development and construction, road and driveway construction, and fuel modification shall be completed prior to completion of road construction or final inspection of building permits.

   8. Greenbelts . Subdivisions and other developments, which propose greenbelts as a part of the development plan, shall locate the greenbelts strategically as a separation between wildland fuels and structures. The locations shall be approved by the Fire Department.

   9. Fuel breaks . Fuel breaks such as shaded fuel breaks, vegetation clearance, and other vegetation modification methods shall be required as condition of development for the open space areas and areas that interface between wildland fuels and structures.

8. Additional reduction of fire hazard . Any person who owns, leases, controls, operates, or maintains any dwelling, structure, or land in, upon, or adjoining any mountainous area, forest-covered land, brushcovered land, grass covered land, or any land that is covered with flammable material, which area or land is within a Very High Fire Hazard Severity Zone or High Fire Hazard Severity Zone and 1 acre or greater in size ("Responsible Person") shall at all times do all of the following:

   1. Defensible space . Maintain around and adjacent to any building or structure defensible space by removing and clearing away, for a distance of not less than 100 feet on each side thereof, all flammable vegetation or other combustible growth. This does not apply to ornamental shrubbery or similar plants that are used as groundcover that do not readily support ignition of fire, and if they do not form a means of rapidly transmitting fire from the growth to any building or structure. Trees shall be permitted within the defensible space provided that the horizontal distance between the crowns of adjacent trees is not less than 10 feet. Deadwood and litter shall be regularly removed from trees. Tree crowns extending to within 10 feet of any structure shall be

pruned to maintain a minimum horizontal clearance of 10 feet. Tree crowns within the defensible space shall be pruned to remove limbs located less than 6 feet above the ground surface. In addition, responsible persons shall:

1. Maintain defensible space on property(s) within 100 feet of any building or structure, whether that building or structure is located on the property or on a neighboring property.

2. A responsible person may satisfy the obligation to maintain 100 feet of defensible space around a structure located on a neighboring property by providing written consent, in a form reasonably acceptable to the Fire Chief, to the owner(s) or occupant(s) of the structure to be protected to enter responsible person's land to perform the work necessary to establish and maintain 100 feet of defensible space around the structure.

2. Additional defensible space . Maintain around and adjacent to any such building or structure additional defensible space by removing all brush, flammable vegetation, or combustible growth which is located from 100 feet to 200 feet from any such building or structure, as may be required by the Fire Chief if he or she finds that, because of extra hazardous conditions, such application around the building or structure is needed to provide reasonable fire safety. Grass and other vegetation located more than 100 feet to 200 feet from the building or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion. Should the Fire Chief determine that more than 100 feet of defensible space (up to 200 feet) is required for any structure, the duty to establish and maintain that defensible space shall be borne by the responsible party with respect to the land to be maintained under division (B)(1) above whether or not the structure to be protected is on property owned or controlled by the responsible person.

3. Trees . Remove that portion of any tree that extends within 10 feet of the outlet of any chimney or stovepipe.

4. Dead or dying wood . Maintain any tree adjacent to or overhanging any building free of dead or dying wood.

5. Vegetative growth . Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth.

6. Chimney and stovepipe . Provide and maintain at all times a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed of nonflammable material with openings of not more than ½ inch in size.

7. Disposal of flammable vegetation and fuels . Disposal, including chipping, burying, burning or removal to a landfill site approved by the local jurisdiction, of flammable vegetation and fuels caused by site development and construction, road and driveway construction, and fuel modification shall be completed prior to completion of road construction or final inspection of a building permits.

8. Greenbelts . Subdivisions and other developments, which propose greenbelts as a part of the development plan, shall locate said greenbelts strategically as a separation between wildland fuels and structures. The locations shall be approved by the Fire Department.

9. Fuel breaks . Fuel breaks such as shaded fuel breaks, vegetation clearance, and other vegetation modification methods shall be required as condition of development for such open space areas and areas that interface between wildland fuels and structures.

10. Exceptions to divisions (A) and (B) . Divisions (A) and (B) of this section shall not apply to any land or water area acquired or managed for 1 or more of the following purposes or uses:

    1. Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government.

    2. Open space lands that are environmentally sensitive parklands.

    3. Other lands having scenic values and declared by the city or by state or federal law.

       1. This exemption applies whether the land or water area is held in fee title or any lesser interest. This exemption applies to any public agency, any private entity that has dedicated the land or water areas to 1 or more of those purposes or uses, or any combination of public agencies and private entities making that dedication.

       2. This section shall not be construed to prohibit the use of properly authorized prescribed burning to improve the biological function of land or to assist in the restoration of desired vegetation.

       3. In the event that any lands adjacent to any land or water area described in subsection (a) are improved such that they are subject to Cal. Gov't Code § 51182, the obligation to comply with Cal. Gov't Code § 51182 shall be with the person owning, leasing, controlling, operating, or maintaining the occupied dwelling or occupied structure on the improved lands. All maintenance activities and other fire prevention measures required by Cal. Gov't Code § 51182 shall be required only for the improved lands, not the land and water areas described in subsection (a).

11. Ember Resistant Zone. Any new building or structure construction will have a five-foot radius clear of all vegetation and combustible material. This zone around the building ensures the separation from any and all items susceptible to ignition from embers and fire. Property owners of existing buildings should be educated and encouraged to voluntarily implement the zone as well.

12. All grass, plants, shrubs, trees, branches, leaves, weeds, and tree needles shall be removed and/or not landscaped within the zone.

13. All woodchips, bark, combustible mulch, or synthetic lawn shall not be placed within the zone.

14. Combustible boards, timbers, planting pots, or containers shall not be placed within the zone.

15. Planting pots or containers, regardless of material, shall not be mounted on the structure or located directly beneath a window within the zone.

16. The portions of combustible gates or fences which run perpendicular to and/or touch the structure shall be constructed with noncombustible material to a minimum of five feet (5 ft.) from the structure.

17. Covered storage outbuildings shall be constructed entirely of noncombustible materials or according to the standards in Chapter 7A (commencing with Section 701A.1) of Part 2 of Title 24 of the California Code of Regulations.

18. Combustible materials located on top of or underneath a deck, balcony, or stairs shall not be placed within the zone.

(Ord. 04-1, eff. 3-22-2004; Am. Ord. 08-03, eff. 1-28-2008; Am. Ord. 10-03, eff. 5-24-2010; Am. Ord. 13-05, eff. 5-8-2013) Penalty, see § 100.99

HISTORY

Adopted by Ord. 24-03 on 6/10/2024 100.88 (Reserved)

The administration and enforcement of the provisions of this Code shall be the responsibility of the Fire Department under the direction and authority of the Fire Chief. The Fire Chief is authorized to issue orders as the authority having jurisdiction necessary for the enforcement of the fire prevention laws and ordinances governing the same and for the safeguarding of life and property from fire.

(Ord. 04-1, eff. 3-22-2004; Am. Ord. 08-03, eff. 1-28-2008)

100.90 Notice Of Violation

The Fire Department having jurisdiction of property upon which conditions regulated by this code are being violated shall notify the owner of the property to correct the conditions. If the owner fails to correct the conditions, the local agency may cause the corrections to be made, and the expenses incurred shall become a lien on the property that is the subject of the corrections when recorded in the county recorder's office in the county in which the real property is located. The priority of the lien shall be as of the date of recording. The lien shall contain the legal description of the real property, the assessor's parcel number, and the name of the owner of record as shown on the latest equalized assessment roll.

(Ord. 04-1, eff. 3-22-2004)

Any violation of this Code may be considered a public nuisance pursuant to Cal. Gov't Code § 38771.

(Ord. 04-1, eff. 3-22-2004; Am. Ord. 08-03, eff. 1-28-2008)

100.92 Conflicting Statutes

In the instance of conflict between this Code and any provision of state law that allows a regional planning agency to regulate Very High Fire Hazard Severity Zones, standards for buildings, and fuel modification standards, the state statute shall prevail.

(Ord. 04-1, eff. 3-22-2004; Am. Ord. 08-03, eff. 1-28-2008)

1. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

2. 1. Any person who shall violate any of the provisions of the Uniform Fire Code adopted by §§ 100.50 et seq . or fail to comply therewith, or who shall violate or fail or 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 Council, or by a court of competent jurisdiction, within the time fixed therein shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 10.99.

2. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each 10 days prohibited conditions are maintained shall constitute a separate offense.

3. The application of the penalties set forth in this section shall not be held to prevent the enforced removal of prohibited conditions.

(1973 Code, § 4-2.109) (Ord. 744, eff. 9-12-1979)

3. 1. As per Cal. Gov't Code § 51185, a violation of § 100.87 is an infraction punishable by a fine of not less than $100 nor more than $500.

   2. If a person is convicted of a second violation of § 100.87 within 5 years, that person shall be punished by a fine of not less than $250 nor more than $500.

   3. If a person is convicted of a third violation of § 100.87 within 5 years, that person is guilty of a misdemeanor and shall be punished by a fine of not less than $500.

(Ord. 04-1, eff. 3-22-2004)

101 Auburn Recreation Park And Parkway District (Sections 101.001-101.007) 101 Trees, Shrubs And Plants (Sections 101.020-101.035) 101 Bicycles (Sections 101.050-101.067) 101 City Parks, Recreational Areas And Public Space (Sections 101.070-101.999)

101 Auburn Recreation Park And Parkway District (Sections 101.001-101.007)