Blythe Municipal Code Ch. 15.20 California Fire Code

Footnotes:

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Editor's note— Ord. No. 919, § 10, adopted Dec. 13, 2022, repealed the former Ch. 15.20, § 15.20.010, and enacted a new Ch. 15.20 as set out herein. The former Ch. 15.20 pertained to Uniform Housing Code and derived from Ord. 662 § 4 (part), adopted in 1990; Ord. 721 § 10, adopted in 1995; Ord. 759 § 9, adopted in 1999; Ord. 780 § 9 (part), adopted in 2002; Ord. 825 § 1 (Exh. A) (part), adopted in 2008; and Ord. No. 846, § 1, adopted Dec. 14, 2010.

Except as otherwise provided in this chapter, the city council hereby adopts by reference the California Fire Code, 2022 Edition, Title 24, Part 9, of the California Code of Regulations, including appendices B, BB, C, CC, D, H and J. In the event of any conflict or ambiguity between any provision contained in the California Fire Code adopted by reference herein, and any amendment thereto contained in this chapter or other provision of this code, the amendment shall control.

One complete copy of the California Fire Code, 2022 Edition, shall be kept on file in the office of the city clerk for use and examination by the public.

(Ord. No. 919, § 10, 12-13-22)

A. The California Fire Code, as adopted and amended, shall be enforced by the building division of the department of development services or by any other department or any employee so designated by the city manager as the fire marshal for the city.

B. The fire marshal shall be appointed by the city manager on the basis of examination to determine his or her qualifications.

(Ord. No. 919, § 10, 12-13-22)

A. All references in the Fire Code to the words "chief," "fire chief" or "chief of the fire department" shall be construed to refer to the fire marshal.

B. All references in the Fire Code to the term "corporation counsel" shall be construed to refer to the city attorney for the city.

C. As used in this chapter, "Fire Code" refers to the California Fire Code, 2022 Edition.

D. All references in the Fire Code to the term "fire prevention bureau" shall be construed to refer to the department of development services.

E. All references in the Fire Code to the word "jurisdiction" shall be held to refer to the city of Blythe.

(Ord. No. 919, § 10, 12-13-22)

The director of development services and the fire marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required, in addition to those now enumerated in the Fire Code. The fire code official shall keep a list of approved new materials, processes or occupancies in his/her office for public review and distribute copies thereof to interested persons.

(Ord. No. 919, § 10, 12-13-22)

A. The limits referred to in Section 5704.2.9.6.1 of the Fire Code, in which storage of flammable or combustible liquids in aboveground tanks outside of buildings is prohibited, are established as follows: Prohibited in the R-E, R-L-1, R-L-1-72, R-L-2, R-M-L, R-M, R-H, P-D, S-P-R, R-R, P-Q-P and R/M-H zones as defined in Title 17 of the Blythe Municipal Code, and as may be subsequently amended. Aboveground tanks as referred to in Section 5704.2.9.6.1 of the Fire Code may be permitted in the A, C-N, C-C, C-G, I-S and I-G zones as defined in Title 17 of the Blythe Municipal Code with a conditional use permit.

B. Aboveground tanks for waste oil and hydrocarbon contamination removal meeting city standards may be permitted with a conditional use permit in the A, C-N, C-C, C-G, I-S and I-G zones as defined in Title 17 of the Blythe Municipal Code, provided they do not exceed three hundred gallons in size and are adequately protected and screened.

(Ord. No. 919, § 10, 12-13-22)

The California Fire Code, 2022 Edition, adopted under section 15.20.010 of this chapter, is hereby amended as follows:

A. Section 101.1 (Title) is amended to read as follows:

101.1 Title.

These regulations shall be known as the Fire Code of the City of Blythe, hereinafter referred to as "this code."

B. Section 111.1 (Board of Appeals Established) is amended to read as follows:

111.1 Board of appeals established.

In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the city manager and shall hold office and his/her pleasure. The board shall adopt rules of procedures for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.

C. Section 112.4 (Violation penalties) is amended to read as follows:

112.4 Violation penalties.

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, installs, alters, repairs or does work in violation of the approved construction documents or directive of the fire code official, or of a permit or certified used under the provisions of this code, shall be guilty of a misdemeanor as provided in chapter 1.24 of title 1 of the Blythe Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate violation.

D. The first paragraph of Section 903.2.8 (Group R) shall be amended to read as follows:

An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area, including mobile homes, modular homes and manufactured homes.

(Ord. No. 919, § 10, 12-13-22)

Whenever the fire marshal disapproves an application or refuses 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 Fire Code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the fire marshal to a board of appeals as outlined in Section 111 of the Fire Code within thirty days from the date of the decision.

(Ord. No. 919, § 10, 12-13-22)

Violation of any of the provisions of this chapter or the Fire Code adopted by reference herein may be punished as a criminal offense or by the issuance of an administrative citation in accordance with Chapter 1.26 of Title 1 of this code. The administrative fines shall be in the amounts set forth in Chapter 1.26 of Title 1 of this code, or such greater fine amounts as authorized by California law. In the event of an inconsistency between the authorized amount of such fines pursuant to Chapter 1.26 of Title 1 and of those authorized by California law, the greater fine amount may be imposed.

(Ord. No. 919, § 10, 12-13-22)