16.04 — BREA FIRE CODE

The 2025 Editions of the California Wildland-Urban Interface Code and the California Fire Code including Appendices: B, BB, C, CC, D, H, N and O, and excluding Appendices A, E, F, G, I, J, K, L, M, P, and Q together with the following amendments, additions, deletions and exceptions, are hereby adopted by reference as the Fire Prevention Code of the City of Brea. (Ord. 1265, 9/16/2025)

The California Fire Code and California Wildland-Urban Interface Code, with amendments, shall be enforced by the Brea Fire Department. The Fire Chief of the Brea Fire Department may detail such members of the fire department as inspectors as shall be necessary from time to time. (Ord. 1265, 9/16/2025)

• A. Section 101.1 Title is hereby amended as follows:

Section 101.1 Title. This Code shall be known as the Brea Fire Code, hereinafter referred to as "this Code."

• B. Section 105.5.59 Additional permits is hereby amended by adding the following:

Cut Christmas trees. No person shall sell, display or store for resale, in the City of Brea, any cut Christmas tree, unless a permit therefore has been issued by the Chief.

Potentially hazardous general use. To conduct an activity or operation that is not specifically addressed by other permits, but which is likely to produce conditions hazardous to life or property.

• C. Section 105.6.26 Miscellaneous plan check is hereby added as follows:

Miscellaneous Plan Check. Request or submittal of any type of plan or necessary review of documents pertaining to operations that are covered by the Fire Department or this Code, but are not specifically listed in Chapter 1.

• D. Section 105.6.27 Combustible soil-gas mitigation systems is hereby added as follows:

Combustible soil-gas mitigation systems. A construction permit is required for the installation or modification of a combustible soil-gas mitigation system. Maintenance performed in accordance with the current City of Brea Combustible Soil-Gas Guideline is not considered to be a modification and does not require a construction permit.

• E. Section 108.4 Work commencing before permit issuance is hereby amended as follows:

108.4 Work commencing before permit issuance. Any person who commences any work, activity or operation regulated by this Code before obtaining the necessary permits

1. Editor's Note: Former Ch. 16.04, Brea Fire Code, derived from Ord. 1187; Ord. 1211; Ord. 1233, was repealed by Ord. 1265, 9/16/2025.

shall be subject to an additional fee that is equal to the original permit fee, which shall be in addition to the required permit fees.

• F. Section 109.5 Occupant count is hereby added as follows:

109.5 Occupant count. The supervisor of each place of assembly shall have an effective system to keep count of the number of occupants present in the assembly area. If the Chief determines at any time that an accurate count of occupants is not being maintained, the occupancy shall be cleared until an accurate count can be made.

• G. Section 112.1 General is hereby amended to read as follows:

112.1 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 a certified Building Official and a qualified person trained in fire protection engineering, fire science or fire technology.

• H. Section 113.4 Violation penalties is hereby amended to read as follows:

113.4 Violation penalties. Persons who shall violate any provision of this Code or shall fail to comply with any of its requirements, or who shall erect, install, alter, repair or do work in violation of the approved construction documents used under provisions of this Code, shall be guilty of a misdemeanor unless such violation is expressly made punishable as an infraction. Alternatively or in addition, any violation of this Code may be punished by administrative penalty and issuance of an administrative citation.

• I. Section 114.4 Failure to comply is hereby amended as follows:

114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor and subject to fines.

(Ord. 1265, 9/16/2025)

• A. Section 202 General Definitions is hereby amended by adding the following definitions:

FLOW-LINE. The lowest continuous elevation on a rolled curb defined by the path traced by a particle in a moving body of water at the bottom of the rolled curb.

JURISDICTIONAL AREA. Any area under the jurisdiction, including the territorial area, of the City of Brea, including all areas annexed thereto after adoption of this Code.

VEHICLE FUELING APPLIANCE. A listed natural gas compressor package not containing storage, designed for the unattended dispensing of natural gas into the fuel tanks of motor vehicles.

WILDLAND-URBAN INTERFACE AREA. All areas identified within the High and Very High Fire Severity Zone and other areas as determined by the fire code official due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation that are at significant risk from wildfires. (Ord. 1265, 9/16/2025)

• A. Section 304.1.3 Vegetation is hereby revised as follows:

304.1.3 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Part 7, the California Wildland-Urban Interface Code. Type, amount, arrangement, and maintenance of vegetation in a fuel modification area, interior slope, or similarly hazardous area shall be in accordance with the Brea Fire Department Fuel Modification Guideline.

• B. Section 304.1.3(b)(7)(E) is hereby added as follows:

  • (E) Brea Very High Fire Hazard Severity Zone Requirements – Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

• C. Section 304.1.3(b)(7)(F) is hereby added as follows:

  • (F) Brush Clearance on all Existing Properties located within the Protection Area.

• D. Section 304.1.3(b)(7)(G) is hereby added as follows:

  • (G) Brush Clearance on wildland-urban interface areas including the high and very high fire severity zones.

• E. Section 307.6 Outdoor fires in the wildland-urban interface areas is hereby added as follows:

307.6 Outdoor fires in the wildland-urban interface areas. The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wildland-Urban Interface Area (WUI), or in locations where conditions could cause the spread of fire to the WRA or WUI.

Exceptions:

1. Permanent fireplaces that are not located in a fuel modification zone.

2. Where determined by the Fire Code Official that the location or design of the device should reasonably prevent the start of a wildfire

• F. Section 307.1.2 Outdoor fires is hereby added as follows:

307.1.2 Outdoor fires. Outdoor, open burning and recreational fires shall not be built, ignited or maintained when the following conditions exist:

1. Predicated sustained winds exceed 8 MPH at the ground level, or a red flag condition has been declared.

2. A person age 18 or over is not present at all times to watch and tend such fire.

3. A public announcement is made that open burning is prohibited.

4. A viable water source or approved means of extinguishment is not immediately available.

Exceptions:

1. Occupied one- and two-family dwellings where such fires are built in a permanent or portable barbecue, outdoor fireplace, or grill and are a minimum of 15 feet (4,572mm) from any combustible material or structure. Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.

2. Fires at official organized campsites or parks when located in permanent or portable barbecues or grill, incinerator, or outdoor fireplace (all equipped with some type of spark arrester) located at least 30 feet (9,144mm) 10 from combustible vegetation.

• G. Section 324 Christmas Tree Sales is hereby added as follows:

Section 324 Christmas Tree Sales

324.1 General.

No person shall sell, display for sale, or store for sale in the City of Brea, any cut Christmas tree, unless a permit therefor has been obtained from the Fire Department. Applicants must comply with all rules and regulations and obtain all required permits and licenses including a City business license.

324.1.1 Permit — When issued.

Permits to sell, display for sale, or store for sale cut Christmas trees in the City of Brea may only be issued for the period from November 5th to December 31st. The applicant must show that the proposed location and method of activity will not constitute a fire hazard or violation of law.

324.1.2 Cleanup deposit.

Each applicant, if other than a permanent established year-round business, shall pay a cleanup deposit in such amount as established by Resolution to the City Council. The applicant must agree that not later than the tenth day of January following the issuance of such permit, all unsold trees, combustible waste and accumulation of sawdust will be removed from the permitted location and disposed of properly. Following the tenth day of January the City may remove and dispose of accumulations and apply the deposit to costs, including overhead expenses (30%), incurred by such removal.

324.1.3 Return of deposit.

The Fire Marshal or designated person(s) will inspect permitted sites as soon as possible after January 10th of each year. Permittees who have completed the site cleanup will receive a refund of the cleanup guarantee deposit.

324.1.4 Liability.

Each permittee shall provide general liability insurance as required by the City of Brea Risk Manager, protecting against any claim for damages caused in any manner from the use of such lot or the keeping or sale of any Christmas trees therein or otherwise in the exercise of rights granted by such permit issued pursuant to this Section. A certificate of such insurance shall be filed with the Fire Marshal showing the City as a named additional insured hereunder.

• H. Section 325 Projectile Firing is hereby added as follows:

Section 325 Projectile Firing. No person shall, in any brush or grass-covered area or area covered with flammable material, possess or fire or cause to be fired any tracer bullets, tracer charge, flammable propellant model rockets or any type of projectile that discharged smoldering or flammable material. Nothing in this section shall apply to any law enforcement officer acting in the course of such officer's duties other than target practice.

• I. Section 326 Development on or near Land Containing or Emitting Toxic, Combustible or Flammable Gases or Vapors is hereby added as follows:

Section 326 Development on or near Land Containing or Emitting Toxic, Combustible or Flammable Gases or Vapors

Section 326.1. All projects with sources of combustible soil gas are subject to methane soil gas testing, passive or active mitigation, and methane detection and alarm systems. Projects shall be required to conform to the current adopted "Brea Fire Department Combustible Soil-Gas Guideline."

Section 326.2. Additions or modifications to a lot or existing building in any identified methane area that expands the original footprint, shall be required to add methane mitigation requirements per the current adopted "Brea Fire Department Combustible SoilGas Guideline."

• J. Section 327 Fuel Modification Requirements for New Construction is hereby added as follows:

Section 327

327.1 Fuel Modification Requirements for New Construction. All new buildings and additions to be built or installed in areas containing combustible vegetation shall comply with the following:

1. The fuel modification plans shall meet the criteria set forth in the "Brea Very High Fire Hazard Severity Zone Requirements —Technical Design for New Construction Fuel Modification Plans and Maintenance Program."

2. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map(s).

3. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval by the fire code official.

   5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.

• K. Section 328 Clearance of Brush or Vegetation Growth from Roadways is hereby added as follows:

Section 328 Clearance of Brush or Vegetation Growth from Roadways. The fire code official is authorized to require areas within 75 feet (3,048 mm) or greater, if a higher fire hazard is present, on each side of portions of highways, roads, and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

• L. Section 329 Use of Equipment is hereby added as follows:

Section 329 Use of Equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester, as specified in Section 329.1, maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in theVehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.

• M. Section 329.1 Equipment and devices generating heat, sparks or open flames is hereby added as follows:

329.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush-covered land or non-irrigated grass-covered land, no person shall use or operate any welding equipment, cutting torches, tar pots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following:

1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30-foot clearing cannot be achieved, then an alternate method shall be approved by the AHJ prior to work starting.

2. Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

3. Stop work when winds are 8 MPH or greater during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

   4. Keep a cell phone nearby and call 911 immediately in case of fire.

• N. Section 329.2 Spark arrestors is hereby added as follows:

329.3 Spark arrestors. Spark arrestors shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 327 shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.

• O. Section 330 Restricted Entry is hereby added as follows:

Section 330 Restricted Entry. The fire code official shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry.

Exceptions:

1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or on their own land.

2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.

• (Ord. 1265, 9/16/2025)

Chapter 4 Emergency Planning and Preparedness is adopted in only those sections and subsections adopted by the SFM with the following amendment:

• A. Section 403.11.2 is hereby revised as follows:

403.11.2 Public safety plan for gatherings. A public safety plan shall be prepared for Large Events or when required by the fire code official. The public safety plan shall be submitted to the fire code official with the application for a special event permit as required by Section 105.5 of this code and consistent with the Brea Fire Department Special Event Staffing Matrix. The safety plan shall address and include (but is not limited) to the following items:

1. Emergency vehicle ingress and egress.

2. Fire protection.

3. Emergency egress or escape routes.

4. On-site emergency medical services and law enforcement.

5. Public assembly areas.

6. The directing of both attendees and vehicles, including the parking of vehicles.

7. Vendor and food concession distribution.

8. The need for the presence of law enforcement

9. The need for fire and emergency medical services personnel.

10. The need for a weather monitoring person. (Ord. 1265, 9/16/2025)

• A. Section 503 Fire Apparatus Access Roads.

  1. Section 503.1 Where required is hereby amended as follows:

503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Appendix D, as amended.

2. Section 503.2.1 Dimensions is hereby amended as follows:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm). Fire apparatus access roads in the Fire Hazard Severity Zones shall have an unobstructed width of 24 feet (2 unobstructed 12-foot feet travel lanes).

3. Section 503.2.3 Surface is hereby amended as follows:

503.2.3 Surface. Fire apparatus access roads shall be designed, and maintained to support the imposed loads of fire apparatus (75,000 lbs. load/25,000 point load) and shall be surfaced so as to provide all-weather driving capabilities. Alternative driving surfaces shall be designed by a registered civil engineer and shall be subject to approval by the Brea Fire Department.

4. Section 503.2.4 Turning radius is hereby amended as follows:

503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. Width of 20 feet fire access road turns and corners shall be designed with a minimum inner radius of 17 feet and an outer radius of 38 feet.

Width of 24 feet fire access road turns and corners shall be designed with a minimum inner radius of 17 feet and an outer radius of 45 feet.

Radius must be concentric.

5. Section 503.7 Apparatus access to fire hazard severity zones is hereby added as follows:

503.7 Apparatus access to fire hazard severity zones. A minimum of two separate public access and exit roads are required in developments within a Fire Hazard Severity Zone or as approved by the fire code official.

• B. Section 505.1 Address identification is hereby amended as follows:

505.1 Address identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inch for single-family residences.

All multi-family, multi-retail and multi-commercial occupancies shall have a minimum of 6-inch-high numbers, with a minimum one and one-half inch (1 1/2") stroke.

All light and heavy industrial occupancies shall have a minimum of ten (10) inch high numbers, with a minimum one and one-half inch (1 1/2") stroke. All complexes that are three (3) stories or greater in height and/or have two (2) or more building units shall have a minimum of ten (10) inch high numbers, with a one and one-half inch (1 1/2") stroke.

All multi-family, multi-retail and multi-industrial occupancies shall identify individual units with numbers a minimum of six (6) inches, affixed to the unit front door entrance or frame. All buildings with a rear door access shall identify that unit with the proper numbers affixed to the door or frame.

All buildings with two (2) or more units shall identify utility meters according to the unit being serviced.

• C. Section 506.1 Where required is hereby amended as follows:

506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for emergency or nonemergency purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the fire code official.

• D. Section 507.5.7 Private hydrants is hereby added as follows:

507.5.7 Private hydrants. Private hydrants shall be painted OSHA safety red.

• E. Section 510.1 Emergency responder communication enhancement systems in new buildings is hereby amended as follows:

510.1 Emergency responder communication coverage in new buildings. All new buildings shall have approved radio coverage for emergency responders within the building based upon existing coverage levels of the public safety communication systems at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. The emergency responder communication coverage shall comply with the Brea Fire Department guidance document:

Information for Digital Antenna System (DAS)/Bi-Directional Amplification (BDA) Systems

Exceptions:

1. Where it is determined by the fire code official that the radio system is not needed.

   2. In facilities where emergency responder communication coverage is required and such systems, components or equipment could have a negative impact on normal operations of the facility, the fire code official shall have the authority to accept an automatically activated emergency radio coverage system.

• F. Sections 510.4 and 510.5 are deleted. (Ord. 1265, 9/16/2025)

• A. Section 903.2 Where required is hereby amended as follows:

903.2 Where required. Approved automatic sprinkler systems in buildings and structures shall be provided in the following locations:

1. New buildings: Notwithstanding any applicable provisions of Sections 903.2.1 through 903.2.21, an automatic fire-extinguishing system shall also be installed in all occupancies when the total building area, as defined in Section 202, exceeds 5,000 square feet as defined in Section 202, or more than two stories in height, regardless of fire areas or allowable area.

2. New buildings in the VHFHSZ and HFHSZ: An automatic sprinkler system shall be provided in all new structures in the VHFHSZ and HFHSZ.

3. Existing buildings: Notwithstanding any applicable provisions of this code, an automatic sprinkler system shall be provided in an existing building when an addition occurs and when one of the following conditions exists:

   • a. When the addition is 50% or more of the existing building area and the resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2); or

   • b. 2 When the addition exceeds 2,000 square feet (185.81 m ) and the resulting building area, as defined in Section 202, exceeds 5,000 square feet (465 m2); or

   • c. An additional story is added above the second floor regardless of fire areas or allowable area.

   • Exception: Additions to Group R-3 occupancies. Group R-3 occupancies shall comply with Section 903.2.8(2).

• B.

• Section 903.2.8 Group R is hereby amended as follows:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area as follows:

1. New buildings: An automatic sprinkler system shall be installed throughout all new buildings.

2. Existing buildings: An automatic sprinkler system shall be installed throughout when one of the following conditions exist:

   • a. When an addition is 50% or more of the existing building area, as defined in Section 202, or greater than 1,000 square feet (92.903 m2) within a two-year period; or

     • b. An addition when the existing building is already provided with automatic sprinklers; or

     • c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

   3. Existing buildings in the Very High Fire Hazard Severity Zone: An automatic sprinkler system shall be installed throughout when one of the following conditions exists:

      • a. When an addition is 33% or more of the existing building area, as defined in Section 202, or greater than 1,000 square feet (92.903 m2) within a two-year period; or

      • b. An addition when the existing building is already provided with automatic sprinklers; or

• c. When an existing Group R Occupancy is being substantially renovated, and where the scope of the renovation is such that the Building Code Official determines that the complexity of installing a sprinkler system would be similar as in a new building.

• (Ord. 1265, 9/16/2025)

• A. Adopt only those sections and subsections below:

  • 1101.1, 1101.3, 1103.2, 1103.3-1103.3.3, 1103.7, 1103.7.3.1, 1103.7.8-1103.7.8.2, 1103.7.9-1103.7.9.10, 1103.8-1103.8.5.3, 1103.9-1103.9.1, 1107, 1113, 1114, 1115, and 1116.

• B. Section 1103.2 Emergency responder communications enhancements in existing buildings is hereby amended as follows: