Title 15 — BUILDINGS AND CONSTRUCTION[[1]]

§ 15.36

Banning Building Code · 2026-07 edition · ingested 2026-07-08 · Banning

15.36.010 - Short title.

This chapter shall be known as "The burglary, robbery, and fire alarm permit ordinance."

(Code 1965, § 6-08.01.)

15.36.020 - Purpose.

The purpose of this chapter is to set forth regulations governing burglary, robbery and fire alarm systems and related businesses and agents within the city, require permits and fees therefor, and provide for punishment of violations of provisions of this chapter.

(Code 1965, § 6-08.02.)

15.36.030 - Exemptions.

A.

Term "Person." The term "person" shall not include the city.

B.

Fee Exemption. The United States government, the state of California, counties, municipal corporations, departments therefor and other government entities are exempt from fees required by this chapter.

C.

Automobiles. The provisions of this chapter are not applicable to audible alarms affixed to automobiles.

D.

Manufacture or Sale from Fixed Location. The provisions of this chapter do not include a person who engages in the manufacture or sale of an alarm system from a fixed location and who neither visits the location where the alarm system is to be installed, nor designs the scheme for physical location and installation of the alarm system in a specific location.

(Code 1965, § 6-08.03.)

15.36.040 - Definitions.

As used in this chapter:

"Alarm agent" means any person who is employed by an alarm business, either directly or indirectly, whose duties include any of the following: selling, maintaining, leasing, servicing, repairing, altering, replacing, moving or installing on or in any building, structure or facility, any alarm system.

"Alarm business" means the business by any individual, partnership, corporation or other entity of: selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or installing any alarm system or causing to be sold, leased, maintained, serviced, repaired, altered, replaced, moved or installed any alarm system in or on any building, structure or facility.

"Alarm system" means any mechanical or electrical device which is designed or used for the detection of fires or an unauthorized entry into a building, structure or facility or for alerting others of the commission of an unlawful act or fire within a building, structure or facility, or both; and which emits a sound or transmits a signal when actuated. This definition does not include auxiliary devices installed by the telephone company to protect telephone company systems which might be damaged or disrupted by the use of an alarm system.

False Alarm. No person shall install or maintain a faulty alarm system. For the purpose of this provision, "false alarm" shall mean an alarm signal activated through subscriber negligence or for reasons not of an emergency nature or when activated due to malfunction of any segment of the alarm system. Violations are to be regulated under the Authority of Resolution No. 1981-47.

"License collector" means the city manager, or his authorized designee or representative charged with the administration of the business license tax program.

"Permit" means any written authorization, or permission, to conduct, manage or carry on a business activity within the city. A business license does not constitute a "permit."

"Permittee" means any person, firm, partnership, association or corporation who, or which shall be granted a permit provided in this chapter, and his or its agents and representatives.

"Subscriber" means any person who purchases, leases, contracts for or otherwise obtains an alarm system or for the servicing or maintenance of an alarm system from an alarm business.

(Code 1965, § 6-08.04.)

15.36.050 - Prohibition.

The following alarm systems shall not be permitted:

A.

Telephone alarm systems which will activate an automatic telephone dialing device programmed to dial a public primary telephone trunk line of the city.

B.

Alarm systems which create a sound similar to that of an emergency vehicle siren or civil defense warning system.

C.

All fire alarm systems and components not approved by State Fire Marshal's office.

(Code 1965, § 6-08.05.)

15.36.060 - Standards and regulations.

The respective approving authorities may prescribe minimum standards and regulations for the construction and maintenance of all alarm systems installed within the city. These standards and regulations shall become effective upon adoption thereof by resolution of the city council. All devices shall meet or exceed such standards and regulations before permits may be issued pursuant to this chapter. The approving authority may require inspection and approval of all alarm systems installed within the city.

(Code 1965, § 6-08.06.)

15.36.070 - Permit required.

A.

Alarm Business. No person shall engage in, conduct or carry on an alarm business without first applying for and receiving an alarm business permit therefor in accordance with the provisions of this chapter.

B.

Alarm Agent. No person shall engage in, conduct or operate as an alarm agent without first applying for and receiving an alarm agent permit therefor in accordance with the provisions of this chapter.

(Code 1965, § 6-08.07.)

15.36.080 - Permit issuance.

A.

Issuing Authority. The issuing authority shall be the license collector.

B.

Approving Authority.

Fire Alarm Permits. The approving authority shall be the fire chief.

2.

Burglary and Robbery Alarm Permits. The approving authority shall be the chief of police.

C.

Application Form. Applications for all permits required in this chapter shall be in such form as may be adopted by the respective official and/or city officials from whom such application is required. Satisfactory evidence must be produced and presented in support of such application. Such application must contain the names and permanent businesses and residence addresses of the persons by and/or for whom the application is filed, the nature of the business to be conducted, the location and/or locations where such business is to be conducted, the proposed route, if any, of applicant's operations, the names and addresses of three responsible persons who have known the applicant for more than three years, the period of time the applicant has been engaged in the business sought by him to be licensed under this chapter, the places where applicant has been engaged in such businesses, any convictions for violation of any law, appropriate fingerprints of applicant plus required state processing fee, and such other pertinent information concerning the applicant as may be deemed necessary and/or proper to consider in recommending or denying the applicant the permit applied for.

(Code 1965, § 6-08.08.)

15.36.090 - Permit fees.

Fees for permits shall be in accordance with those fees set by Ordinance No. 721 commonly referred to as "The business license ordinance."

(Code 1965, § 6-08.09.)

15.36.100 - Denial, suspension and revocation.

A.

Grounds for Denial of Permit. The following shall constitute grounds for denial:

1.

The character or reputation of the applicant is determined to be inimical to the safety or general welfare of the community; or

2.

The applicant, his employee or agent has knowingly made false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city agency; or

3.

Failure to provide satisfactory evidence that the required state license issued by the State Department of Consumer Affairs is current and valid.

B.

Grounds for Suspension and Revocation of Permit. The following shall constitute grounds for suspension and revocation:

1.

The violation of any of the provisions of this chapter; or

2.

Where any alarm business permittee or alarm agent is charged with a crime involving moral turpitude or where the character, reputation or moral integrity of the permit holder or his employees are determined inimical to public safety or the general welfare of the community; or

3.

Where an alarm system actuates excessive false alarms and thereby constitutes a public nuisance; or

4.

Where the applicant or permittee, his employer or agent has knowingly made any false, misleading or fraudulent statement of a material fact in the application for a permit, or in any report or record required to be filed with any city agency; or

5.

Where the state license issued to the applicant has been suspended or revoked by the State Department of Consumer Affairs.

C.

Authority. Any permit issued in this chapter may be denied, suspended or revoked by the respective official and/or city official for the grounds listed in subsections A and B of this section.

D.

Procedures for Suspension and Revocation. The procedures for suspension, appeal and revocation of permits shall be in accordance with those procedures set in ordinance.

(Code 1965, § 6-08.10.)

15.36.110 - Penalties.

Any person violating any of the provisions of this chapter or who does not obtain a permit prior to doing business, or who knowingly or intentionally misrepresents to any city official any material fact in procuring a permit in this chapter provided for, shall be deemed guilty of an infraction and upon conviction thereof punishable by a fine of not more than five hundred dollars.

(Code 1965, § 6-08.11.)

15.36.120 - Enforcement.

The enforcement of the provisions of this chapter shall be in accordance with those provisions of enforcement set in ordinance.

(Code 1965, § 6-08.12.)

Chapter 15.40 - SWIMMING POOLS

15.40.010 - Fencing and enclosure required.

Every person in possession of land within the city, either as owner, purchaser under contract, lessee, tenant, licensee or otherwise, upon which is situated a swimming pool or other out-of-doors body of water designed for swimming, dipping or immersion purposes, having a depth in excess of eighteen inches, shall at all times maintain on the lot or premises upon which such pool or body of water is located, and completely surrounding such pool or body of water, an enclosure that satisfies the requirements of

subsection B of Section 15.08.020. There shall be no openings, holes or gaps therein larger than four inches square. Such openings, holes or gaps shall not be constructed in a horizontal series constituting steps or other means of access. If a picket fence is erected or maintained, the openings or spaces between the pickets shall not exceed four inches. A dwelling house or accessory building may be used as a part of such enclosure.

(Code 1965, § 6-10.01.)

(Ord. No. 1555, § 23, 12-10-19)

15.40.020 - Fencing and enclosure—Existing pools.

All swimming pools in existence on July 10, 1965, shall be fenced in accordance with the requirements of this chapter on or before June 1, 1966.

(Code 1965, § 6-10.02.)

(Ord. No. 1555, § 23, 12-10-19)

15.40.030 - Fencing and enclosure—Doors, gates and other openings.

All gates or doors opening through the enclosure required by this chapter shall be equipped with a selfclosing and self-latching device, consistent with the requirements of subsection B of Section 15.08.020, not less than fifty-four inches high, designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use. The door of any dwelling house or accessory building and forming any part of the enclosure need not be so equipped.

(Code 1965, § 6-10.03.)

(Ord. No. 1555, § 23, 12-10-19; Ord. No. 1586, § 4, 11-8-22)

15.40.040 - Required area between pool and surrounding structures.

Every swimming pool constructed after July 10, 1965, shall be constructed so that there is at least five feet between the main building and the swimming pool, that there is at least five feet between a side lot line or rear lot line and the swimming pool, and that there is at least five feet between any auxiliary building and the swimming pool, except that lesser distance may be permitted between a swimming pool and a building if the swimming pool is so designed to maintain the structure integrity of the structure involved.

(Code 1965, § 6-10.04.)

(Ord. No. 1555, § 23, 12-10-19)