Firebaugh Municipal Code § 16-1 Fire Prevention Code

[Ord. #229, S1]

There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the fire prevention code recommended by the American Insurance Association, being particularly the 1065 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended (by subsection 16-1.7) of which code not less than three copies have been and now are filed in the office of the city clerk and the same are hereby adopted, and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect (May 24, 1966), the provisions thereof shall be controlling within the limits of the city.

Editor's Note: See Chapter 8, Building and Housing, for adoption of the California Fire Code, 2022 Edition, (Part 9 of Title 24 of the California Code of Regulations), based on the 2021 International Building Code as published by the International Code Council, together with Appendices, Chapters and subsequent additions and editions thereto. [Ord. No. 22-04 adopted 12-5-2022]

[Ord. #229, S2]

a. The fire prevention code shall be enforced by the bureau of fire prevention in the fire department of the city which is hereby established and which shall be operated under the supervision of the chief of the fire department.

b. The chief in charge of the bureau of fire prevention shall be appointed by the city council by resolution.

c. The chief of the fire department may detail such members of the fire department as inspectors as shall be necessary. The chief of the fire department shall recommend to the city council the employment of technical inspectors.

d. A report of the bureau of fire prevention shall be made annually and transmitted to the chief executive officer of the city; it shall contain all proceedings under this code, with such statistics as the chief of the fire department may wish to include therein; the chief of the fire department shall also recommend any amendments to the code, which, in his judgment, shall be desirable.

[Ord. #229, S3]

As used in this section.

a. Wherever the word "Municipality" is used in the fire prevention code, it shall be held to mean the City of Firebaugh.

b. Wherever the term "Corporation Counsel" is used in the fire prevention code, it shall be held to mean the attorney for the City of Firebaugh.

[Ord. #229, S4]

The limits referred to in section 12.5 of the fire prevention code in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Within the City of Firebaugh.

[Ord. #229, S5]

a. The limits referred to in section 16.22a of the fire prevention code in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: All areas of the City of Firebaugh, except M-1 Zones.

b. The limits referred to in section 16.51 of the fire prevention code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: All areas of the City of Firebaugh, except M-1 Zones.

[Ord. #229, S6]

The limits referred to in section 21.6a of the fire prevention code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: All areas of the City of Firebaugh, except M-1 Zones.

[Ord. #229, S7]

The chief of the bureau of fire prevention shall have power to modify any of the provisions of the fire prevention code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the bureau of fire prevention thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

[Ord. #229, S8]

Whenever the chief of the fire department shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the 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 chief of the fire department to the city council within 30 days from the date of the decision appealed.

[Ord. #229, S9]

The city administrator, the chief of the fire department and the chief of the bureau of fire prevention shall act as a committee to determine and specify, after giving affected person an opportunity to be heard, any new material processes occupancies which shall require permits, in addition to those now enumerated in said code. The chief of the bureau of fire prevention shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.

[Ord. #229, S10]

a. Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to 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 city council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be liable to the penalty, after conviction, as stated in Chapter 1, section 1.5. 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 that prohibited conditions are maintained shall constitute a separate offense.

b. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.