Chowchilla Municipal Code Ch. 15.12 Fire Prevention Code

Pursuant to the provisions of section 50022.2 of the government code of the state of California, the city council of the city of Chowchilla does hereby adopt by specific reference thereto and incorporates herein by said reference the provisions, rules, and regulations specified and set forth in the currently adopted California Fire Code, of the currently adopted California Code of Regulations Title 24, including Appendix Chapters, copies of which are file in the community and economic development department, for public record and inspection. These are adopted by said city council by reference as the Chowchilla Fire Prevention Code and made a part of this chapter as though set forth in full, subject, however, to the amendments, additions, deletions, and the exceptions as set forth in this chapter.

(Ord. 312-80 §§ 8—10, 1980: Ord. 306-79 § 10.010(a), (b))

(Ord. No. 451-09, § 16, 1-12-2009; Ord. No. 467-13, § 9, 1-14-2014; Ord. No. 500-19, § 1, 10-8-2019; Ord. No. 517-23, § 49, 11-28-2023)

Editor's note— Ord. No. 451-09, § 17, adopted Jan. 12, 2009, deleted § 15.12.020, which pertained to definitions and derived from Ord. No. 395-78 § 4(part), 1978; prior code § 9-3.

A. The California Fire Code shall be enforced by the bureau of fire prevention in the fire department of the city of Chowchilla, which is hereby established and which shall be operated under the supervision of the fire chief.

B. The fire chief in charge of the bureau of fire prevention shall be appointed by the city administrator.

C. The chief of the fire department may detail such members of the fire department as inspectors as shall from time to time be necessary. The fire chief shall recommend to the city administrator the employment of inspectors and technical inspectors.

D. The members of the bureau of fire prevention under the direction of the fire chief shall enforce the provisions of the California Fire Codes and related Codes.

(Ord. 295-78 § 4 (part), 1978; prior code § 9-2)

(Ord. No. 451-09, § 18, 1-12-2009; Ord. No. 517-23, § 50, 11-28-2023)

Editor's note— Ord. No. 451-09, § 19, adopted Jan. 12, 2009, deleted §§ 15.12.040—15.12.090, which pertained to fire prevention regulations. For complete derivation see the Ordinance Disposition List at the end of this volume.

Whenever the chief of the fire department disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the California Fire Code do not apply or that the true intent or meaning of the Code has been misconstrued or wrongly interpreted, the applicants may appeal from the decision of the chief of the fire department to the city council by submitting a written request for an appeal to the city clerk within thirty days from the date applicant is given notice, by personal delivery or placing in the U.S. mail.

(Ord. 295-78 § 4 (part), 1978: prior code § 9-9)

(Ord. No. 451-09, § 20, 1-12-2009; Ord. No. 517-23, § 51, 11-28-2023)

A. It shall be unlawful for any person, firm, or corporation, to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish, equip, use, occupy, or maintain any building or structure in the city, or use or permit the same to be done, contrary to or in violation of any of the provisions of the California Electrical Code or this chapter. The building official or his/her authorized representative shall issue a citation for an infraction, unless a determination has been made by the city attorney that a misdemeanor charge is not appropriate.

B. Except as otherwise provided, a violation of any provision of this chapter is deemed a violation under the provisions of the city of Chowchilla Administration Citation Ordinance (Title 1, Chapter 1).

C. Nothing in this chapter precludes the city of Chowchilla from using any other available methods to enforce provisions of this chapter including, but not limited to, initiation by the city attorney of any civil or criminal actions.

(Ord. 312-80 § 11, 1980: Ord. 306-79 § 10.020, 1979)

(Ord. No. 451-09, § 21, 1-12-2009; Ord. No. 467-13, § 10, 1-14-2014; Ord. No. 517-23, § 52, 11-28-2023)

A. Amend California Fire Code Section 102.6 to read as follows:

Historic Buildings. The provisions of this Code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the State or local jurisdiction as historic buildings when such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings and structures shall be provided in accordance with Part 8 of Title 24, of the Current California Historic Building Code.

B. Amend California Fire Code Section 104.1 to read as follows:

Permits, Fire Suppression, and Inspection Recovery of Costs. The Fire Department shall recover cost that reasonably constitute the cost of fire suppression, inspections, clean-up of chemical spills, the cost of suppression chemicals, material and/or equipment used to mitigate the hazard. Cost recovery against a property owner and/or other responsible person when the act is a result of that person's willful negligence and/or negligence, violation of federal or state statute, or local ordinance.

C. Amend California Fire Code Section 104.3.2 to read as follows:

Inspection Frequency. The Fire Code Official is authorized to establish a minimum inspection frequency for all occupancy groups where not already determined by the State of California Health and Safety Code.

D. Amend California Fire Code Section 106.6 to read as follows:

Fees for Fire Inspections. The Fire Code Official shall be authorized to charge a fee for any fire inspections of existing sites, buildings, structures, and properties within the city of Chowchilla. Fees for such services shall be in accordance with the Master Fee Schedule.

E. Amend California Fire Code Section 307.1.1 to read as follows:

Prohibited Open Burning.

1. Open burning that is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited.

2. Open burning in violation of the rules or regulations promulgated by the San Joaquin Valley Air Pollution Control District.

3. The Fire Code Official or their designee is authorized to order, or effect, the immediate extinguishment of any open burning when in the opinion of the Fire Code Official, or their designee, it is reasonably necessary for safety and/or protection of life and/or health, and may issue administrative citations and seek to recover costs in accordance with Sections 104.1 of the California Fire Code.

F. Amend California Fire Code Section 506.1 to read as follows:

Key Boxes. When access to or within a structure or an area is unduly difficult because of secure openings, where immediate access is necessary for life saving or firefighting purposes, or where an automatic fire suppression and/or standpipe system is installed, or where an automatic alarm system is installed, or where a gate or cross arm impedes ingress through a fire lane, or where the area or building is protected by a locked gate, a key box or a security padlock shall be installed in an accessible location unless otherwise authorized by the Fire Chief. The approved city of Chowchilla Fire Department key box shall be a "Knox Box." The Knox Box and security padlock shall be obtained through the city of Chowchilla Fire Department. The key boxes shall contain, but not be limited to the following items as designated by the Fire chief:

1. Labeled keys to locked points of egress, whether interior or exterior;

2. Labeled keys to locked mechanical rooms;

3. Labeled keys to any gate or secured areas not installed with a Knox Box or Security Padlock;

4. Labeled keys to any other areas that may be required by the Fire Chief;

5. A list with the names and telephone numbers for the emergency contact persons;

6. Floor plan of the interior building showing locations of shut offs; decals shall be installed/displayed as required by the Fire Chief.

When hazardous materials as defined in Chapter 27 of the California Fire Code are stored or dispensed or other conditions exist on the premises where information is necessary for the lifesaving or firefighting purposes as determined by the Fire Chief, a document storage box shall be installed in an accessible location unless otherwise authorized by the Fire Chief. The approved city of Chowchilla Fire department document storage box shall be a "Knox Document Storage Cabinet." The "Knox Document Storage Cabinet" shall be obtained through the city of Chowchilla Fire Department. The box shall contain, but not be limited to the following items as designated by the Fire Chief:

1. Blueprints;

2. Floor plans;

3. Safety Data Sheets ("SDS") hazardous materials information;

4. Any other emergency response related items as required by the Fire Chief.

G. Amend California Fire Code Section 903.2 to read as follows:

Automatic Sprinkler Systems.

1. Notwithstanding any less restrictive provision of Section 903 of the California Fire Code, an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet and the total remodel exceeds fifty percent (50%) of the building's square footage or the cost exceeds one hundred thousand dollars ($100,000.00) as determined by the City, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet which in that case the more restrictive provision shall apply.

2. a.

In the case of a remodel of an existing building or structure an automatic sprinkler system shall be provided in the locations described in Section 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet which in that case the more restrictive provision shall apply.

b. In the case of an addition to an existing building or structure an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 where the fire area exceeds five thousand (5,000) square feet or the addition causes the fire area to exceed five thousand (5,000) square feet and the addition exceeds twenty-five percent (25%) of the existing building square footage and the total proposed building area is five thousand (5,000) square feet or larger, an approved automatic sprinkler system shall be installed in the building, unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) square feet, which in that case the more restrictive provision shall apply. The twenty-five percent (25%) threshold shall be cumulative over the life of the building.

Exception: Building additions of entirely non-combustible construction and non-combustible uses such as covered pedestrian walkways.

c. In the case of a change in the type of use or occupancy an automatic sprinkler system shall be provided in the locations described in Sections 903.2.1 through 903.2.12 of the California Fire Code where the fire area exceeds five thousand (5,000) square feet unless the specific section requires an automatic sprinkler system for a fire area of less than five thousand (5,000) squire feet which in that case the more restrictive provision shall apply.

3. Fire Control Room. An approved fire control room shall be provided for all buildings protected by an automatic fire extinguishing system. Said room shall contain all system control valves, fire alarm control panels, HVAC duct detector test and reset switches and other fire equipment required by the Fire Chief. Fire control rooms shall be located within the building at a location approved by the Fire Chief and shall be provided with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the "Fire Control Room".

4. Locking Devices Fire Department Connections. Every building equipped with a fire sprinkler system shall be required to install lockable type devices on Fire Department Connection. Said device shall be approved by the Fire Department (Knox Fire Department Connection.)

Exceptions:

1. Where the California Fire Code and/or California Building Code are more restrictive, the most restrictive occupancy requirements will be followed.

2. Area separation walls, the extent and location of such wall shall provide a complete separation or division to limit the floor area to five thousand (5,000) square feet. Separation shall be four-hour fire resistive construction. Four-hour separation walls shall be constructed in accordance with the current California Building Code.

H. Amend California Fire Code Section 903.3.1 to read as follows:

NFPA 13D Sprinkler Systems - Sprinkler Systems. Automatic sprinkler system installed in one- and two-family dwellings; Group R-3; and townhouses shall be designed using an approved Passive-purge System and be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80 of the California Fire Code.

I. Amend California Fire Code Section 903.3.5.1 to read as follows:

NFPA 13D Sprinkler Systems - Domestic Services. Where the domestic service provides the water supply for the automatic sprinkler system, there shall be two separate supplies connected to the back side of the city water meter, both supplies shall be in accordance with this section and the current California Building Code.

J. Amend California Fire Code Section 906.1 to read as follows:

Portable Fire Extinguishers. The minimum approved portable fire extinguisher size for all occupancies shall be, 2-A: 10-B: C rated. Unless more restricted by code.

K. Amend California Fire Code Section 1104.7.7 to read as follows:

Door Swing. When, in the opinion of the Fire Code Official, it is essential for public safety in any existing building or occupancy, because of the number of persons served, or the nature of the operation, an owner, agent or lessee shall install doors that swing in the direction of egress travel, as required and approved when such places are open to the public, or when such operation is being conducted.

L. Amend California Fire Code Section 1104.7.8 to read as follows:

Door Hardware. When, in the opinion of the fire code official, it is essential for public safety in any existing building or occupancy, because of the number of persons served, or the nature of the operation, an owner, agent or lessee shall provide and maintain panic or fire exit hardware, as required and approved when such places are open to the public, or when such operation is being conducted.

(Ord. No. 517-23, § 53, 11-28-2023)