Fullerton Municipal Code Ch. 13.20 Fullerton Fire Code

(A) Pursuant to State of Cal. Government Code §§ 50022.1 to 50022.8, inclusive, provisions, the City Council of the City of Fullerton adopts, by reference, the 2025 Edition of the California Fire Code, incorporating by reference the 2024 International Fire Code with California Amendments, as codified within 24 C.C.R. Part 9, also known as the California Building Standards Code, as amended by this chapter, including Appendix Chapter 4, and Appendices B, BB, C, CC, D, I, K, M, N and P but specifically excluding Appendices A, E, F, G, H, J, L, O and Q as amended, and the whole thereof, save and except such portions as are hereinafter deleted or amended by this chapter.

(B) One copy of this code has been and is now filed in the office of the City Clerk of the city and the same is hereby adopted and incorporated as if fully set out at length herein, and from the date on which this ordinance shall take effect, which is January 1, 2026, the provisions thereof shall be controlling within the limits of the city.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 101 GENERAL

Section 101.1 Title. (Amended)

These regulations shall be known as the 2025 Fullerton Fire Code, hereinafter referred to in this chapter as "this code."

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 102 APPLICABILITY

Section 102.10 Conflicting Provisions. (Amended)

Where there is a conflict between a general requirement and a specific requirement, the fire code official shall decide which requirement meets the general intent of this code.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 103 DEPARTMENT OF FIRE PREVENTION

Section 103.3 Deputies. (Amended)

In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the fire code official shall have the authority to appoint a deputy fire code official, other related technical officers, inspectors and other employees. When requested by the fire code official, the Chief of Police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 105 PERMITS

Section 105.5 Required Operational Permits. (Amended)

The fire code official is authorized to issue operational permits for the operations set forth in Appendix Chapter 1, Sections 105.5.1 through 105.5.67.

Subsection 105.5.6 Cellulose Nitrate Film. (Amended)

An operational permit is required to store, handle or use cellulose nitrate film.

Subsection 105.5.60 Aircraft Refueling Vehicles. (Added)

A permit is required to operate an aircraft refueling vehicle.

Subsection 105.5.61 Christmas Tree Lot. (Added)

A permit is required to operate a Christmas tree lot in the City of Fullerton.

Subsection 105.5.62 Fire Clearance, New Business. (Added)

A fire clearance inspection is required to open or to change ownership of a Fullerton business.

Subsection 105.5.63 Fire Clearance Required by State or Other Governmental Agencies. (Added)

Classifications:

A. Convalescent, Nursing Homes, Assisted Living

B. Child Day Care Facilities - less than 26 persons

C. Child Day Care Facilities - 26 or more persons

D. Hospitals, less than 100 beds

E. Hospitals, 100 beds or more

F. Sanitariums

G. Schools (private)

H. Residential Care Facilities, less than 26 persons

I. Residential Care Facilities, 26 or more persons

J. Residential Care Facilities, more than 6 non-ambulatory persons

Subsection 105.5.64 Fireworks Booth (Added)

A permit is required to operate a fireworks booth in the City of Fullerton.

Subsection 105.5.65 Fireworks Display (Added)

A permit is required to conduct a public or private fireworks display in the City of Fullerton.

Subsection 105.5.66 General Use. (Added)

A General Use Permit shall be required for any activity or operation not specifically described in this section, which in the judgment of the fire code official is likely to produce conditions hazardous to life or property.

Subsection 105.5.67 Mobile Fueling Operations (Added)

A permit is required to operate mobile fueling operations.

Section 105.6 Required Construction Permits. (Amended)

The fire code official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.26.

Subsection 105.6.26 Misc. Plan Check (Added)

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.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 108 FEES

Subsection 108.7 Permit Fees. (Added)

For each and every permit issued pursuant to this code, there shall be paid to the City of Fullerton Fire Department a fee in such amount as established by resolution of the Fullerton City Council. Failure to pay such fees shall be cause for revocation of the permit.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 110 MAINTENANCE

Section 110.7 Occupant Count. (Added)

The supervisor of each place of assembly shall have an effective system to maintain a count of the number of occupants present in order to keep the number at or below the allowable occupant load. If the fire code official determines at any time that an accurate count of occupants is not being maintained, the occupancy shall be cleared to obtain an accurate count.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 112 MEANS OF APPEALS

Section 112.1 Board of Appeals Established. (Added)

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 the planning commission reconvened as the board of appeals. The board in conducting its business shall follow the appeals procedures articulated in Chapter 6.01 of the Fullerton Municipal Code. As to appeals pursuant to this Section, "Director of Community and Economic Development" shall be replaced by "fire official" throughout the applicable sections of Chapter 6.01.

Subsection 112.3 Qualifications. (Added)

The board of appeals noted in section 112.1 shall consult and gather information from a qualified person(s) with the experience and training to consult and testify on matters pertaining to hazards of fire, explosions, hazardous conditions, or fire protection systems.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 113 VIOLATIONS

Section 113.4 Violation Penalties. (Amended)

Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1000 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 114 STOP WORK ORDER

Section 114.4 Failure to Comply. (Amended)

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 in violation of this Code and be subject to citations and/or penalties in amounts as determined by City Council.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 116 VALIDITY

Section 116.1 Validity. (Added)

The Fullerton City Council hereby declares that should any section, paragraph, sentence, or word of this chapter or of the California Fire Code as adopted and amended herein be declared for any reason to be invalid, it is the intent of the Fullerton City Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

CHAPTER 2, DEFINITIONS

Section 202

“FIRE HAZARD” (Added)

Anything or act which increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire.

“SPARK ARRESTER” (Added)

A listed device constructed of noncombustible material specifically for the purpose of meeting one of the following conditions:

1. Removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

2. Fireplaces that burn solid fuel in accordance with California Building Code Chapter 28.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 304 VEGETATION

Section 304.1.2 Vegetation. (Amended)

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 Fullerton Fire Department Standard-Fullerton Very High Hazard Severity Zone Requirements-Technical Design for New Construction Fuel Modification Plans and Maintenance Program.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 305 IGNITION SOURCES

Section 305.6 Hazardous Conditions. (Added)

305.6 Hazardous conditions. Outdoor fires burning wood or other solid fuel are not allowed when any of the following conditions applies:

1. When predicted sustained winds exceed 8 MPH and relative humidity is less than 25%, or a red flag condition has been declared.

2. When an official sign was caused to be posted by the fire code official, or a public announcement is made

No outdoor fires using any fuel type are permitted when predicted sustained winds exceed 20 MPH or when such fires present a hazard as determined by the fire code official.

Section 305. 7 Disposal of Rubbish (Added)

305.7 Disposal of rubbish. Rubbish, trash or combustible waste material shall be burned only within an approved incinerator and in accordance with Section 307.2.1.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, AND PORTABLE OUTDOOR FIREPLACES

SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES (Amended)

Section 307.6 Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies (Added)

Outdoor fireplaces, fire pits, fire rings, or similar devices used at Group R occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

Section 307.6.1 Gas-Fueled Devices (Added)

Outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

Section 307.6.2 Devices using Wood or Fuels other than Natural Gas or Liquefied-Petroleum Gas (Added)

Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3 feet from combustible construction at R-3 occupancies.

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

Section 307.6.2.1 Where Prohibited (Added)

The burning of wood and other solid fuels shall not be conducted within a fuel modification zone, Wildfire Risk Area (WRA), Wild land-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.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 324 FUEL MODIFICATION REQUIREMENTS FOR NEW CONSTRUCTION

Section 324.1 Fuel Modification Requirements for New Construction (Added)

All new construction within the high or very high fire severity zones, as identified by the California State Fire Marshal, shall comply with the following:

1. The fuel modification plans shall comply with Fullerton Fire Department Standard Fullerton 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.

(Ord. 3349, passed - -2025)

SECTION 325 CLEARANCE OF BRUSH OR VEGETATION GROWTH FROM ROADWAYS

Section 325.1 Clearance of Brush or Vegetation Growth from Roadways (Added)

The fire code official is authorized to cause areas within 10 feet on each side of portions of highways 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, if they do not form a means of readily transmitting fire.

(Ord. 3349, passed - -2025)

SECTION 326 UNUSUAL CIRCUMSTANCES

Section 326.1 Unusual Circumstances (Added)

The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that in any specific case that any of the following conditions exist:

1. Difficult terrain.

2. Danger of erosion.

3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, plants, rare, endangered and/or threatened species.

4. Stands or groves of trees or heritage trees.

5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical.

(Ord. 3349, passed - -2025)

SECTION 327 CHRISTMAS TREE SALES

Section 327.1 Christmas Tree Sales. (Added)

No person shall sell, display for sale, or store for sale in the City of Fullerton, any cut Christmas tree, unless a permit therefore has been obtained from the Fire Department.

Subsection 327.1.1 Permit - When issued. (Added) Permits to sell, display for sale, or store for sale cut Christmas trees in the City of Fullerton may only be issued for the period from November 5 to December 31. The applicant must show that the proposed location and method of any activity will not constitute a fire hazard or violation of law.

Subsection 327.1.2 Cleanup Deposit. (Added)

Each applicant shall make a cleanup guarantee deposit of $1,000.00 with the City of Fullerton. 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, incurred by such removal.

Subsection 327.1.3 Return of Deposit. (Added)

The Fire Marshal will inspect sites as soon as possible after January 10 of each year. Permittees who have completed the site cleanup will receive a rebate of the cleanup guarantee deposit.

Subsection 327.1.4 Liability. (Added)

Each permittee shall provide general liability insurance in the amount of $100,000 for each person and $300,000 for each occurrence against any claim for any damages caused in any manner from the use of such lot or the keeping or sale of any Christmas trees therein. A certificate of such insurance shall be filed with the Fire Marshal showing the city as a named insured hereunder.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

Section 328 USE OF EQUIPMENT

Section 328 Use of equipment (Added)

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 defined in Section 202 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 the Vehicle 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

Section 328.1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames (Added)

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 wild lands. If 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 immediate in case of fire.

Section 328.2 Spark Arresters (Added)

Spark arresters shall comply with Section 202, and when affixed to the exhaust system of engines or vehicles subject to Section 325 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.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 503 FIRE APPARATUS ACCESS ROADS

Subsection 503.1 Where Required. (Amended)

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.

(Ord. 3317, passed - -2022)

SECTION 505 PREMISES IDENTIFICATION

Section 505.1 Address Numbers. (Amended)

New and existing buildings, including Accessory Dwelling

Units (ADU), 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. Where required by the fire code official, address numbers shall be provided in additional approved locations to facilitate emergency response. Address numbers shall be in accordance with Fullerton Fire Department Standard No. 7 Premise Identification. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address numbers shall be maintained. All Address identification shall be assigned and/or approved by the City of Fullerton Public Works - Engineering Department.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 506 KEY BOXES

Section 506.1 Where Required. (Amended)

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 non-emergency response purposes, the fire code official is authorized to require a key box, lock or key switch to be installed in an accessible location. The key box, switch, or lock shall be of an approved type listed in accordance with UL 1037, and all key boxes shall contain keys to gain necessary access a required by the fire code official.

Section 506.3 Gate Emergency Access (Added)

Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including public streets, alleys, or highways. Installations shall meet the following:

1. Electric gate operators, where provided shall be listed in accordance with UL 325.

2. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F 2200 and must be equipped with "Click 2 Enter" or similar equipment that is approved by the fire code official, that allows for operations of the gate by fire and police personnel via their vehicle mobile radio, on a dedicated radio frequency, with a hold-open for a specified amount of time.

3. Gates over the fire apparatus access road that are intended for automatic operation shall be designed to operate during a loss of power or fail in the open position.

• 4. Gates shall be at a minimum as wide as the required access road width.
• 5. If manually operated, a Knox padlock is required if the gate is locked.
• 6. Installations must be set back 40 feet from the roadway edge of pavement.

Exception: Automated gates meeting the requirements of item 2 of this subsection.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 507 FIRE PROTECTION WATER SUPPLIES

Section 507.5.1 Where Required. (Amended)

Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than allowed in Appendix C from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.

Section 507.5.1.1 Hydrant for Standpipe Systems. (Amended)

Buildings equipped with a standpipe system installed in accordance with Section 905 shall have a fire hydrant within 50 feet of the fire department connections unless approved by the fire code official.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)

SECTION 510 EMERGENCY COMMUNICATION COVERAGE RESPONDER

Section 510.1 Emergency Responder Radio Coverage in New Buildings (Amended)

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

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

Exceptions:

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

2. In facilities where emergency responder radio 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 responder radio coverage system.

(Ord. 3317, passed - -2022; Ord. 3349, passed - -2025)