Los Altos Hills Municipal Code Art. 1 Hazardous Fire Areas

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

Chief

means the Chief of the Los Altos Fire Protection District or his or her authorized representatives.

Clearance distance or distances

means lengths measured along the natural slope of the land, unless otherwise specified in this article.

Combustible

means having the characteristic of changing shape or ignition at or below a temperature of 1,200 degrees Fahrenheit during an exposure of five minutes and continuing to burn or glow at that temperature.

Fireworks

means any article or substance, or combination of substances, prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. "Fireworks" shall include, but shall not be limited to, firecrackers, sparklers, torpedoes, skyrockets, Roman candles, blank cartridges, and similar items.

Hazardous fire area

means any land within the present and future boundaries of the Town which land is covered with combustible grass, grain, brush, or wooded areas, whether pivately or publicly owned, which is so situated, or is of such inaccessible location, that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion.

Permit

means a written document showing permission granted by the Chief or his or her authorized deputy upon a form prescribed by the Chief.

Person

means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, political subdivision, or any other group or combination acting as a unit.

Structure

means that which is constructed, an edifice or building of any kind.

Tracer

means any bullet or projectile incorporating a feature which marks or traces the flight of such bullet or projectile by flame, smoke, or any other means which results in fire or heat.

Tracer charge

means any bullet or projectile incorporating a feature designed to create a visible or audible effect by any means which results in fire or heat and shall include any incendiary bullet or projectile.

(§ II, Ord. 105)

The unrestricted use of combustible grass, grain, brush, or wooded land in hazardous fire areas is a potential menace to life and property from fire and resulting erosion. It is therefore the intent of this article to provide the necessary safeguards to prevent the occurrence of fire and to provide adequate fire protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial, or other activities conducted in any hazardous fire area.

(§ I, Ord. 105)

The Chief shall have the authority to stipulate such conditions as he or she deems necessary in all permits. If, in his or her judgment, the public safety would be better served, he or she may refuse to issue any permit. Permits for periods not to exceed one year may be issued to public utilities operating pursuant to the rules and regulations of the Public Utilities Commission of the State. Such permits shall apply to work being done by employees of the utilities and not by their contractors; provided, however, prior written notice shall be delivered to the Chief for each job whenever practicable.

(§ III, Ord. 105)

The Chief shall officially determine and publicly announce when any hazardous fire area shall be closed to entry and when such area shall again be opened to entry. No person, other than those persons expressly exempted by the provisions of this section, shall go on or be upon any hazardous fire area, except public roadways, inhabited areas, or established trails and camp sites which have not been closed, during such time when the hazardous fire area is closed to entry. The provisions of this section shall not prohibit residents or owners of private property within any hazardous fire area, or their invitees or guests, from going or being upon their lands, and such persons shall be excepted from the provisions of this section to such extent.

The provisions of this section shall not apply to any entry, in the course of duty, by any peace or police officer, or any other duly authorized public officer, member of any fire department, or member of the Division of Forestry of the State.

(§ IV, Ord. 105)

(a) Posting Orders. Whenever the Chief determines that any specific area within a hazardous fire area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity of structures, or accessibility to the public, he or she shall declare such area closed until changed conditions warrant the termination of the closure. The Chief shall order any such area posted as set forth in subsection (b) of this section.

(b) Signs. Signs prohibiting entry by unauthorized persons and referring to this article shall be placed on every area ordered posted by the Chief pursuant to the provisions of subsection (a) of this section. Such signs shall be so constructed and located as to give adequate notice to the public. The location, size, type, and number of such signs are hereby committed to the reasonable discretion of the Chief.

(c) Right of Entry Prohibited—Exceptions. No person shall enter or remain within any area closed and posted by the Chief pursuant to the provisions of this section; provided, however, owners and occupants of private or public property within closed and posted areas, and their guests or invitees, and local, State, and Federal public officers, or their authorized agents acting in the course of duty, shall be exempted from the provisions of this section.

(§ V, Ord. 105)

No person shall light, ignite, or otherwise set fire to or smoke any tobacco, cigarette, pipe, or cigar in or upon any hazardous fire area; provided, however, the provisions of this section shall not apply to any place of habitation or to any place within the boundaries of any established smoking area or camp site designated by the Chief.

(§ VI, Ord. 105)

(a) Machinery. No person shall use or operate in, upon, or within 200 feet of any hazardous fire area any tractor, construction equipment, engine, machinery, or steam, oil, or gasoline operated stationary or mobile equipment from which a spark or fire may originate unless such equipment is provided with a qualified device or spark arrester installed in, or attached to, the exhaust pipe, which device or spark arrester will prevent the escape of fire or sparks. Such qualified device or spark arrester shall meet the United States Forest Service Standards for Spark Arresters for Internal Combustion Engines, Number 5100-1, dated January 1965. For the purposes of this section, any registered motor vehicle operated on a road or highway, which vehicle is equipped with a muffler in good condition as required by the Vehicle Code of the State, shall be deemed to be in compliance with the provisions of this section.

(b) Chimneys. Each chimney used in conjunction with any fireplace. barbecue, or heating appliance in which solid or liquid fuel is used, and situated upon any building, structure, or premises located within 200 feet of any hazardous fire area, shall be maintained with a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed one-half inch. Each chimney in existence on July 7, 1965, shall be brought into compliance with the provisions of this subsection on or before January 7, 1966.

(§ VII, Ord. 105)

(a) Tracer Bullets and Tracer Charges. No person shall fire, or cause to be fired, any tracer bullet or tracer charge into or across any hazardous fire area, nor shall he or she have in his or her possession any tracer bullet or tracer charge in such area.

(b) Rockets and Model Aircraft. No person shall use, fire, or project into or across any hazardous fire area any rocket, model plane, glider, or balloon powered with an engine, propellant, or other feature liable to start or cause fire in such area.

(§ VIII, Ord. 105)

No person shall possess, keep, store, sell, offer for sale, give away, use, discharge, transport, or dispose of in any manner any explosive within any hazardous fire area, except by authority of a written permit from the Chief.

(§ IX, Ord. 105)

Except as hereinafter provided, it is unlawful for any person to possess, store, offer for sale, sell at retail, use, or discharge any fireworks. The Chief shall have the power to adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks. Every such display shall be handled by a licensed operator approved by the Chief and shall be of such character and so located, discharged, or fired, in the opinion of the Chief and after proper inspection, so as not to be hazardous to property or endanger any person.

Applications for permits for public displays shall be made in writing at least 15 days in advance of the date of the display. After such permit has been granted, the use of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

(§ X, Ord. 105, as amended by § 1, Ord. 228, eff. July 15, 1976)

No person shall use any lighted or smoldering material in connection with the smoking of bees in or upon any hazardous fire area except by authority of a written permit from the Chief.

(§ XI, Ord. 105)

(a) No person shall operate or use any device, machine, or process, such as a welding torch, tar pot, decorative torch, or any other device liable to start or cause fire in or upon any hazardous fire area, except by authority of a written permit from the Chief; provided, however, no permit shall be required if such use is within inhabited premises, or designated camp sites, or areas cleared in accordance with the provisions of Section 4-2116(a)(6) of this article provided adequate measures are taken to prevent the escape of fire and such uses are a minimum of 30 feet from any combustible grass or grain or brush or wooded areas.

There shall be excepted from the provisions of this subsection public utility companies making emergency repairs, which companies shall not be required to obtain a permit for such emergency repairs; provided, however, this provision shall not relieve such public utility companies from taking adequate measures to prevent the starting or causing of fire in or upon any hazardous fire area.

(b) No person shall operate or use any flame employing device, such as a lantern or kerosene road flare, as a signal or marker in or upon any hazardous fire area. The provisions of this section shall not apply to or restrict the proper use of flares at the scenes of emergencies.

(§ XII, Ord. 105)

(a) Permits Required. No person shall build, ignite, or maintain any outdoor fire of any kind or character, or for any purpose whatsoever, in or upon any hazardous fire area except by authority of a written permit from the Chief. Such permit shall incorporate such terms and conditions which will reasonably safeguard the public safety and property. Regardless of the permit, however, no person shall build, ignite, or maintain any outdoor fire in or upon any hazardous fire area under the following conditions:

(1) When any high wind is blowing; or

(2) When there is no person 17 years of age or over present at all times to watch and capable of tending such fire; or

(3) During such times as a public announcement by the Fire Chief is made that there shall be no open burning.

(b) Permits Required—Exceptions. No permit shall be required for outdoor fires within inhabited premises or designated camp sites where such fires are built in a permanent barbecue, portable barbecue, outdoor fireplace, or grill and are a minimum of 30 feet from any combustible grass or grain or brush or wooded area.

(c) Burning Trash in Barbecues and Outdoor Fireplaces. No person shall use any permanent barbecue, portable barbecue, outdoor fireplace, or grill for the disposal of rubbish, trash, or combustible waste materials.

(§ XIII, Ord. 105)

(a) Permits Required. No person shall build, install, or maintain any outdoor fireplace, permanent barbecue, or grill in any hazardous fire area without first securing the written approval of the Chief.

(b) Maintenance. Every outdoor fireplace, permanent barbecue, or grill shall be maintained in good repair and in a safe condition at all times. All openings in any such appliance shall be provided with an approved spark arrester, screen, or door. If required for their proper functioning, barbecues and grills may be approved with certain openings left unprotected. Each outdoor fireplace, permanent barbecue, or grill in existence on July 7, 1965, shall be brought into compliance with the provisions of this subsection on or before January 7, 1966.

(§ XIV, Ord. 105)

(a) Support Clearance. Any person owning, controlling, operating, or maintaining any electrical transmission line upon any hazardous fire area shall, at all times, maintain around and adjacent to any pole supporting a switch, fuse, transformer, lightning arrester, or line junction, or dead end or corner pole, tower, or other pole or tower at which power company employees are likely to work most frequently an effective fire-break, consisting of a clearing of not less than 10 feet in each direction from the outer circumference of such pole or tower; provided, however, the provisions of this subsection shall not be deemed to apply to lines used exclusively as telephone, telegraph, telephone or telegraph messenger call, fire, or alarm lines, or other lines classed as communication (Class C) circuits by General Order 95 of the Public Utilities Commission of the State. Every pole and tower in existence on July 7, 1965, shall be brought into compliance with the provisions of this subsection on or before January 7, 1966.

(b) High Tension Line Clearance. Any person owning, controlling, operating, or maintaining any electrical transmission line upon any hazardous fire area shall maintain a clearance of the following distances in all directions between all vegetation and all conductors carrying electrical current:

(1) For lines operating at 2,400 volts and less than 68,000 volts, four feet;

(2) For lines operating at 68,000 volts and less than 115,000 volts, six feet; and

(3) For lines operating at 115,000 volts and over, 10 feet.

(c) Self-supporting Aerial Cable. No clearing to obtain line clearance shall be required when self-supporting aerial cable is used except that forked trees, leaning trees, and ocher growth which may fall across the cable and break it shall be removed.

(d) Exceptions. The provisions of this section shall not be construed to require any person to maintain any clearing on land where such person does not have the legal right to maintain such clearing, nor shall any provision of this article be construed to require any person to enter upon or to damage property of another without the consent of the owner thereof. (Also see Section 4-2.116(c).)

(§ XV, Ord. 105)

(a) Required. Any person owning, leasing, controlling, operating, or maintaining any buildings or structures in, upon, or adjoining any hazardous fire area, and any person owning, leasing, or controlling any land adjacent to such buildings or structures shall at all times:

(1) Maintain around and adjacent to such buildings or structures an effective firebreak made by removing and clearing away, for a distance therefrom of not less than 30 feet on each side thereof, all flammable vegetation or other combustible growth. The provisions of this section shall not apply to single specimens of trees, ornamental shrubbery, or similar plants used as ground cover provided they do not form a means of rapidly transmitting fire from the native growth to any structure;

(2) Maintain around and adjacent to such buildings or structures additional fire protection or firebreaks made by removing all brush, flammable vegetation, or combustible growth located from 30 feet to 100 feet from such buildings or structures as may be required by the Chief when he or she finds that because of extra hazardous conditions a firebreak of only 30 feet around such structures is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than 30 feet from such buildings or structures and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion;

(3) Remove that portion of any tree which extends within 10 feet of the outlet of any chimney;

(4) Maintain any tree adjacent to or overhanging any building free of dead wood;

(5) Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth;

(6) The Chief may require the removal of all flammable vegetation or other combustible growth within 10 feet on each side of any roadway and at such other places upon any property as he or she may deem necessary to prevent or avoid fire damages to adjoining properties or undue hardships in fighting fires. The provisions of this section shall not apply to single specimens of trees, ornamental shrubbery, or cultivated ground cover, such as grass, ivy, succulents, or similar plants used as ground cover, provided they do not form a means of readily transmitting fire;

(7) Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas tanks/containers;

(8) Firewood and combustible materials shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. The storage of firewood and combustible material within the defensible space shall be located a minimum of 30 feet from structures and separated from the crown of trees by a minimum horizontal distance of 15 feet.

Exception: Firewood and combustible materials not for consumption on the premises shall be stored as approved by the fire code official; and

(9) Clear areas within 10 feet of fire apparatus access roads and driveways of non-fire-resistive vegetation growth.

Exception: Grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.

(b) Notices of Noncompliances—Costs of Work Done by Chief. In the event any of the conditions prohibited by the provisions of this section exist, the Council may instruct the Chief to give notice to the owner of the property upon which such conditions exist to correct such prohibited conditions, and, if the owner fails to correct such conditions, the Chief may cause the work to be done and make the expense of such correction a lien upon the property upon which such conditions exist.

(c) Exceptions. If the Chief determines in any specific case that difficult terrain, danger of erosion, or other unusual circumstances make strict compliance with the clearance provisions of Section 4-2.115 of this article or this section undesirable or impractical, he or she may suspend the enforcement of such provisions and require reasonable alternative measures designed to advance the purposes of this article.

(§ XVI, Ord. 105, as amended by § I, Ord. 162, § 1, Ord. 226, eff. October 17, 1975, and § 1, Ord. 558, eff. February 15, 2015)

(a) Vehicles. No person, except public officers acting within the scope of their duties, shall travel upon or drive or park any motorcycle, motor scooter, or motor vehicle upon any fire road or firebreak beyond the point where travel is restricted by a cable, gate, or sign without the permission of the property owner involved. No person shall park any vehicle so as to obstruct the entrance to any fire road or firebreak.

(b) Aerials and Obstructions. No person shall install or maintain a radio or television aerial, or guy wires thereto, or any other obstruction on any fire road or firebreak, which obstruction is less than 16 feet above such fire road or firebreak.

(§ XIX, Ord. 105)

No person shall place, deposit, or dump any garbage, cans, bottles, papers, ashes, refuse, trash, rubbish, or combustible waste material in or upon any hazardous fire area. No person shall dump such material in, upon, or along any trail, roadway, or highway in any hazardous fire area.

Public and private dumping areas having been approved by the agency having jurisdiction shall be deemed to be in compliance with the provisions of this section.

(§ XVII, Ord. 105)

No person shall place, deposit, or dump any ashes or coals in or upon any hazardous fire area, except in the hearth of an established fire pit, camp stove, or fireplace; or in a noncombustible container with a tightfitting lid, which container is kept or maintained in a safe location not less than 10 feet from any combustible vegetation or structure; or where such ashes or coals are buried and covered with one foot of mineral earth not less than 25 feet from any combustible vegetation or structure.

(§ XVIII, Ord. 105)

No person shall operate any motorcycle, motor scooter, or motor vehicle, except upon clearly established public or private roads within any hazardous fire area, without first having secured a permit to do so from the Chief. No such permit shall be issued unless written permission from the property owner is first presented.

(§ XX, Ord. 105)

(a) No person shall tamper with, mutilate, destroy, or remove any lock, barricade, seal, cable, sign or marker installed within any hazardous fire area by or under the control of the Chief or other duly constituted authority.

(b) No unauthorized person shall unlock any gate, door, barrier, or lock installed by or under the control of the Chief or other duly constituted authority.

(§ XXI, Ord. 105)

(a) Location. Every swimming pool, wading pool, water storage tank, or other similar source of water located within the area marked "A" on the Swimming Pool Regulation Map of the Town, on file in the office of the City Clerk, shall be so located that access thereto by Fire Department vehicles can be readily made. The installation of every such pool or tank shall be subject to approval by the Fire Department prior to the issuance of a building permit and prior to the certification of final inspection.

(b) Suction Pipes. In lieu of providing the access required by the provisions of subsection (a) of this section, the owner may provide a permanent suction pipe running from the pool, tank, or other source of water to a location prescribed by the Fire Department. The construction, specifications, and maintenance of such suction pipe installation shall be as prescribed by the Fire Department, and such installation shall be tested prior to the granting of the final Building Department and Fire Department approval. Such specifications shall provide for a pipe of a minimum size four inches inside diameter, and all fittings shall have California Standard Thread, as set forth in Section 1400 of Subchapter 9 of Chapter 1 of Title 19 of the California Administrative Code.

(c) Access Obstructions. No person shall place or keep any post, fence, growth, trash, or other material or thing near any access route or permanent suction pipe outlet which obstruction would prevent such access route or permanent suction pipe outlet from being immediately discernible. No person shall in any other manner deter or hinder the Fire Department from gaining immediate access to such permanent suction pipe, swimming pool, tank, or other source of water.

(d) Applicability. The requirements of this section shall be applicable only to pools, tanks, and other similar sources of water located within the area marked "A" on the "Swimming Pool Regulation Map" of the Town, on file in the office of the City Clerk, for which permits are issued and construction is commenced subsequent to June 2, 1971.

(§ XXIII, Ord. 105, as amended by §§ 1, 2, and 3, Ord. 183)

The expense for fighting any fires which are the result of a violation of the provisions of this article shall be a charge against the person whose violation caused the fire. Damages caused by such fires shall constitute the debt of such person and shall be collectible by the Chief in the same manner as in the case of an obligation under a contract, expressed or implied.

(§ XXII, Ord. 105)

(a) Personnel. The Chief and his or her deputies hereby are authorized to enforce the provisions of this article. Such deputies shall consist of the following persons:

(1) Officers and members of the Fire Department;

(2) Officers and members of the Police Department of the Town and the Sheriff's Department and Fire Marshal's Office of the County;

(3) Officers of the Division of Forestry of the State; and

(4) Such other officers and employees of the Council as may be recommended by the Chief and approved by the Council.

(b) Right of Entry. The Chief and his or her authorized representatives, including deputized personnel, may enter any premises, structure, or building at any reasonable hour to enforce the provisions of this article. The owner, tenant, lessee, occupant, manager, or operator of any such premises, structure, or building shall permit the Chief or his or her authorized representatives to enter and inspect at the time and for the purpose stated in this section; provided, however, the authority conferred by this section shall not apply to the entry of a private residence unless written notice is served on the occupant thereof. Such written notice shall contain a statement of the time and the purpose of such inspection.

(§ XXIV, Ord. 105)

Any person violating any of the provisions of this article or of any permit granted pursuant to the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punishable as set forth in Chapter 2 of Title 1 of this Code.

(§ XXV and XXVI, Ord. 105)