Chapter 9.24 — FIRE PREVENTION

The California Fire Code, 2022 Edition, including Chapter 1, Division 2, and Appendix D of the 2021 International Fire Code, is adopted, referred to, and incorporated in full, as hereby amended.

A copy of the California Fire Code, 2022 Edition, and the International Fire Code are on file and open to public inspection in the Merced County Fire Prevention office at 2222 M. Street, Merced, California. This title shall be known and referred to as the "Fire Code" for the county.

This section is intended to be consistent with the concurrent adoption of the 2022 California Fire Code at Section 16.30.010 of the Merced County Code. (Ord. 2025 § 1, 2022)

The ordinance codified in Sections 9.24.020 through 9.24.360, except Section 9.24.310 shall be known as the "fire prevention ordinance" of the county and may be cited as such. (Ord. 294, 1952)

The ordinance codified in Sections 9.24.020 through 9.24.360, except Section 9.24.310 is enacted for the public need in the extinguishment of fires, and the preventing, eliminating or minimizing the fire hazard for the safety of life and property in the county.

The ordinance codified in Sections 9.24.020 through 9.24.360, except Section 9.24.310 shall be in addition to the measures of fire prevention as set forth in the laws and regulations of the state and the United States, except as provided in this section. (Ord. 294, 1952)

There is established in the county fire department, a fire prevention bureau, which shall be operated under the supervision of the county fire marshal. (Ord. 294, 1952; Ord. 1913 § 2, 2013)

The county fire marshal is authorized and empowered to issue permits and certificates of approval required by this chapter. It shall be the duty of the county fire marshal to issue such permits and certificates of approval when such issuance will not unduly endanger life or property.

(Ord. 294, 1952; Ord. 1913 § 3, 2013)

For fee amounts, refer to the Fee Schedule in this section:

Text read from an image; its layout may differ:
FEES
New Building/Installation Permits
Total Fees— To
Activity Code Activity Description Fee Description— Fire Applicant
F1 Commercial Plan Review/ Fire Life Safety $182.00 1st hr. variable
Review
F1 Commercial Fire Sprinkler Plan Review/ $679.00 1st 5 hrs. $679.00/variable
Inspection Fee
F1 Commercial Kitchen Hood Suppression $382.00 $382.00
System Plan Review/Inspection Fee
F1 Fire Alarm Plan Review/Inspection Fee $509.00 $509.00
F1 Fire Flow Test (2 Inspectors Required) $168.00/hr. $168.00/hr.
F1 Plan Review/Inspection of Above-Ground $382.00 $382.00
Liquid Bulk Tanks
F1 Plan Review/Inspection of Underground $191.00 $191.00
Tanks
F1 Emergency Standby/Hourly Inspection Rate $85.00/hr. variable
(Standard Workday Hours)
F1 After Hour Plan Review/Inspection/ $127.00 variable
Emergency Standby (3 hr. min.)
F1 On-Site Water Storage Tank Plan Review/ $181.00 1st hr. variable
Installation/Inspection
F1 Application for Public Fireworks Display $170.00 $170.00
Other Permits
F2 Weed Abatement/Violation $85.00/hr. variable
F2 Mine Mitigation Monitoring $85.00/hr. variable
F2 Residential Building Plan Review $85.00 $85.00
F2 Environmental Review/Environmental Impact $168.00 $168.00
Report Review
F2 Mitigation Monitoring $85.00/hr. variable
F2 Request for Census Data $85.00/hr. variable
F2 Annual Permit to Store High Piled $202.00 $202.00
Combustible Storage
F2 Annual Permit to Store, Dispense, or Handle $339.00 $339.00
Combustible/Flammable Liquids in Excess of
Exempt Amounts
F2 Annual Permit for Automobile Wrecking $255.00 $255.00
Yard

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FEES
New Building/Installation Permits
Total Fees— To
Activity Code Activity Description Fee Description— Fire Applicant
F2 Annual Permit for Application of Flammable/ $339.00 $339.00
Combustible Finishes
F2 Annual Permit for Storage of Combustible $202.00 $202.00
Material in Excess of 2,500 Cubic Feet
F2 Annual Permit for the Storage/Use/Handling $202.00 $202.00
of Blasting Agents and/or Explosives
F2 Annual Permit for the Use of Above-Ground $202.00 $202.00
Liquid Bulk Tanks
F2 Annual Permit for the Storage/Handling of $202.00 $202.00
Containers and Portable Tanks Containing
100 or More Gallons
F2 Annual Permit for the Storage/Handling of $170.00 $170.00
Containers and Portable Tanks Containing
Less than 100 Gallons
F2 Annual Permit to Operate a Flammable/ $255.00 $255.00
Combustible Dispensing Station
F2 Annual Permit to Operate a Bulk Storage $297.00 $297.00
Facility
F2 Removal of Commercial Underground $202.00 $202.00
Flammable/ Combustible Tank
F2 Tank Lining of an Above/Under Ground Tank $202.00 $202.00
F2 Fruit Ripening Process Using Chemicals/ $255.00 $255.00
Gases
F2 Annual Permit for the Storage/Use/Handling $339.00 $339.00
of Hazardous Materials
F2 Operation of Oil/Natural Gas Wells $255.00 $255.00
F2 A-1 Occupancy Operation (Theaters, Viewing $297.00 $297.00
Halls, etc.)
F2 A-2 Occupancy Operation (Restaurants, $255.00 $255.00
Churches, Drinking Establishments)
F2 A-3 Occupancy Operation (Smaller Church $230.00 $230.00
Facilities, Recreation, Amusement Buildings)
F2 A-4/A-5 Occupancy Operations (Indoor/ $230.00 $230.00
Outdoor Events)
F2 Small Apartment Complex (3—4 Units) $170.00 $170.00

Text read from an image; its layout may differ:
FEES
New Building/Installation Permits
Total Fees— To
Activity Code Activity Description Fee Description— Fire Applicant
F2 Medium Apartment Complex (5—15 Units) $339.00 $339.00
F2 Large Apartment Complex (More than 15 $509.00 $509.00
Units)
F2 Annual Permit for Hazardous Business $339.00 $339.00
Chemical Use (Body Shop, Paint Booth
Research/Design, Pool Supply etc.)
F2 Temporary Membrane Structures/Tents/Canopies (Less than 90 Days)
4 or Less $170.00 $170.00
5 or More $255.00 $255.00

All application fees include two inspections. All operational permit fees include one inspection. If the inspections are used by missed appointments, failed inspections, etc., additional inspections are required. The current hourly inspection fee will be charged. A minimum of 48 hour notice is required prior to the scheduling of any appointment. A minimum of 24 hours' notice is required for any cancellations.

(Ord. 2000 § 1, 2021)

Any permit or certificate may be refused, suspended or revoked by the county fire marshal for proper cause, or when necessary for the public safety. (Ord. 294, 1952; Ord. 1913 § 5, 2013)

It is unlawful to violate any of the material provisions stipulated in any permit issued by the county fire marshal which are within the legal power of the county fire marshal to request. (Ord. 294, 1952; Ord. 1913 § 6, 2013)

No permit issued under the provisions of this chapter shall release any person from any liability, civil or criminal. (Ord. 294, 1952)

It is unlawful for any person to build, light, maintain, or cause or permit to be built, lighted, or maintained any open or outdoor fire; or to use or cause or permit to be used any fire for clearing land; to burn or cause or permit to be burned any brush, grass, trash, rubbish, stubble, or other flammable or combustible materials; to blast or cause or permit any person to blast with dynamite, powder, or other explosive; to maintain or cause or permit to be maintained within

500 feet of any forest, brush or grass-covered land any lighted appliance having an open flame including stove, lantern, heater, lamp, torch or similar appliance; or to set off or cause or permit to be set off any pyrotechnics, other than "safe and sane" fireworks used in compliance with Section 9.26.140, unless a permit to do so is first obtained from the county fire chief.

Nothing in this section shall apply to the use of any such heating or lighting appliance within any building, nor within the boundaries of the dooryard premises of any place of habitation, nor of any such heating or lighting appliance or open fire within the boundaries of any established camp site, as defined in Section 9.24.220.

(Ord. 294, 1952; Ord. 1906 § 1, 2013; Ord. 1913 § 11, 2013; Ord. 1921 § 1, 2014)

The county fire marshal shall not issue any permit for the installation or use of any equipment or the storage of flammable liquids in any building or structure, unless such installation, use, equipment or any portion of any such building or structure in which such flammable liquids are stored, or unless such equipment installed or used is in accordance with the provisions of all current county and state laws and ordinances pertaining thereto. (Ord. 294, 1952; Ord. 1913 § 12, 2013)

Except as otherwise provided in Sections 9.24.170, 9.24.180, and Chapter 9.26, it is unlawful for any person to sell, offer for sale, possess, fire, set off, discharge or use or to cause or permit to be sold, offered for sale, fired, set off, discharged or used, any firecracker or salute of any size, kind, nature or name, bomb, chaser, skyrocket, roman candle, triangle wheel, pin wheel, mine, balloon operated by means of any flame, or any fire-works or other device commonly used for display or celebration purposes which contains any phosphorus in any form, or which contains any dynamite, or any form of nitroglycerine, or any explosive substance so confined as to cause detonation upon being discharged, or any product which is of a similar nature to any article or product specified in this section, or any article or product of a flammable nature or capable of causing conflagration, and which is commonly used for display or celebration purposes; or to set off or cause or permit to be set off any pyrotechnics whether for public display or for private observation. Use or display of pyrotechnic devices and fireworks may be authorized if a permit for such use or display is first obtained from the county fire chief and such use or display complies with regulations and directions prescribed by the county fire chief.

Nothing in this section shall prohibit selling, offering for sale, possession, firing, setting off, discharging or use of any paper cap used in toy cap pistols. (Ord. 294, 1952; Ord. 1149, 1984; Ord. 1906 § 2, 2013; Ord. 1921 § 2, 2014)

The manufacturing of pyrotechnic devices and fireworks is prohibited unless a conditional use permit is first acquired pursuant to Merced County Code Title 18, and all manufacturing shall be in accordance with the applicable provisions of the California Health and Safety Code and California Code of Regulations Title 19 and its entirety.

(Ord. 294, 1952; Ord. 1149, 1984; Ord. 1906 § 3, 2013; Ord. 1913 § 14, 2013)

• A. Notwithstanding anything stated in this chapter, any person or persons may discharge or display fire-works at any public gathering; provided, that a permit to do so has first been obtained from the county fire marshal. No such permit shall be granted by the county fire marshal for any such public display except for a location where the falling of any lighted fireworks or objects would not endanger persons or property in the vicinity of the display and unless the discharge of fireworks is under the direct supervision of a capable, experienced person, or provision is made for fire extinguishment appliances satisfactory to the county fire marshal.

• B. The applicant for a permit pursuant to this section shall provide a geographical sketch to the fire marshal detailing where the fireworks are to be displayed, discharged and the surrounding area. The purpose of the sketch is to insure that it is safe to display and discharge fireworks at the location; that the falling of any lighted fireworks or objects will not endanger buildings, structures, vegetation, or any other property. The applicant shall sign a declaration prior to the issuance of a permit that applicant has inspected the site and surrounding area of the proposed fireworks display and in his/her opinion the site is safe and does not pose a danger to adjacent property.

• (Ord. 294, 1952; Ord. 1149, 1984)

Any person who negligently or in violation of this chapter (negligence per se) sets a fire or allows a fire to be set shall be liable for fire suppression costs incurred in fighting the fire and for the cost of providing rescue or emergency medical services, and these costs shall be charged against that person. The charge shall constitute a debt to that person and collectible by Merced County in the same manner as in the case of an obligation under contract, express or implied. (Ord. 1149, 1984)

It is unlawful for any person to drive, move, or park, or for the owner to cause or knowingly permit to be driven, moved, or parked on any public road, within Merced County, any vehicle that is designed or used for the transportation of persons, which vehicle is equipped with or has in use thereon any device using fire or a flame of any type as a method of heating; nor shall any motor vehicle be operated with defective exhaust system. (Ord. 294, 1952; Ord. 304, 1954)

• A. Any person who, whether intentionally, negligently, or otherwise, allows or causes the release of a hazardous substance into the environment shall be liable for the necessary and reasonable costs incurred by the county in responding to, controlling, and/or mitigating said release and for the cost of providing any attendant rescue or emergency medical services and those costs shall be charged against that person. The charge shall constitute a debt to that person and collectible by Merced County in the same manner as in the case of an obligation under contract, express or implied. The revenue and reimbursement department or the county counsel, as the case may be, are authorized to institute, prosecute, and resolve legal proceedings to collect the debt.

• B. As used in subsection A, hazardous substance means any substance referred to in Section

25316 of the Health and Safety Code or in Section 6382 of the Labor Code or, if these sections are renumbered, their new numerical designations.

(Ord. 1444, 1992)

It is unlawful to leave, or permit to be left any outdoor or open fire unattended by an adult person as may be required in permit issued for any such fire by the county fire marshal. Before leaving any such fire, such person or persons in charge of such fire shall thoroughly extinguish same by completely covering it with dirt, saturating it with water, or otherwise treating it in such a manner to prevent rekindling of such fire.

(Ord. 294, 1952; Ord. 1913 § 15, 2013)

If in any dump, fire occurs for which permit has not been issued, or for which permit has been revoked, and the owner or operator of any such dump is ordered by the county fire chief to extinguish such fire, by serving written notice stipulating the time within which such fire shall be extinguished, such owner or operator shall immediately proceed to extinguish such fire. Should such fire not be extinguished at the termination of the time stipulated, the county fire chief shall cause the same to be extinguished, and the cost of such extinguishment shall be borne by the owner and operator of such dump.

(Ord. 294, 1952; Ord. 1913 § 16, 2013)

(Repealed by Ord. 1077, 1982; Ord. 294, 1952)

It is unlawful to set off, or cause or permit to be set off, any dynamite or explosive by means of any fuse within any forest or brush covered area, or within any area covered by any flammable material, except where adequate fire protection or fire break has been established. (Ord. 294, 1952)

Hydrants shall be able to deliver a flow of not less than specified as per current California Fire Code Section 507.1 and Appendix B. Hydrants must conform to the standards of the American Water Works Association for dry barrel hydrants. Hydrants must have at least one two and onehalf inch outlet and one four and one-half inch outlet and a six-inch street main connection, properly valved. Hydrants shall be of such design that when the barrel is broken open, the hydrants will remain closed. Hose threads on hydrant outlets shall conform to National Standard dimensions. No private or public water district, company, or other corporation shall charge the Merced County fire department for the use of any hydrant or water when specifically used for fire suppression, training or prevention purposes.

(Ord. 463, 1963; Ord. 876, 1978; Ord. 1695 § 2, 2003; Ord. 1791 § 3, 2006; Ord. 1913 § 21, 2013)

For the purpose of this section and Section 9.24.300, a fire alarm is any act enumerated as follows:

• A. The blowing, sounding, or operation of any siren;

• B. The blowing, sounding or operation of any steam, compressed air, or other similar whistle having a changeable or sliding pitch or tone;

• C. The giving, signaling or transmission to any public fire station or company or to any officer or employee thereof, whether by telephone, spoken word, or otherwise, information to the effect that there is a fire at or near the place indicated by the person giving, signaling, or transmitting such information.

• (Ord. 294, 1952)

• A. It is unlawful for any person to give, signal, or transmit, or for any person to cause or permit to be given, signaled, or transmitted, in any manner any false fire alarm.

• B. It is unlawful for any person to tamper with or maliciously injure any fire alarm equipment maintained for the purpose of transmitting fire alarms to fire department.

• C. Nothing in this section prohibits the giving, signaling, or transmission of any false fire alarm when the person responsible believes, and has reasonable cause to believe that a fire does, in fact, exist at or near the place indicated by such person, or at or near the premises in or from which such fire alarm was given, signaled, or transmitted.

• D. Nothing in this section prohibits the blowing, sounding, or operation of any siren installed upon any vehicle authorized by law to be equipped with any such siren while such vehicle is being operated in the performance of any duty or function for which such vehicle is intended; nor to the blowing, sounding, or operation of any such siren upon any such vehicle when such blowing, sounding, or operation thereof is incidental to the repairing or tuning of such siren.

• E. Nothing in this section shall prohibit the sounding of any such signal essential for the carrying on of any fire drill or fire exit drill. Whenever possible, the county fire marshal or closest responding fire station shall be notified in advance when such signal will be sounded.

• (Ord. 294, 1952; Ord. 1913 § 22, 2013)

• A. No person, partnership, or corporation or any other type or class of association of persons, except a public utility engaged in the business of providing communication services and facilities, shall use or operate, attempt to use or operate, or cause to be used or operated, or arrange, adjust, program or otherwise provide or install any device or combination of devices that will upon action either mechanically, electronically or by an other automatic means, initiate a call and deliver a recorded message to any telephone number or numbers assigned to the Merced County fire department by a public telephone company, without the prior written consent of the Merced County fire department.

• B. The term "telephone number" includes any additional numbers assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect with the Merced County fire department to such primary number when the primary telephone number is in use. (Ord. 876, 1978)

Persons who shall violate a provision of this code, except Section 9.24.310 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 $500 or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

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 liable to a fine of not less than $100 or more than $500.

The ordinance codified in this chapter shall become effective and be in full force on and after 30 days of its passage and adoption, and prior to the expiration of 15 days from the passage and adoption thereof, shall be published in a newspaper of general circulation printed and published in the county of Merced, state of California, together with the names of the members of the board of supervisors of the county of Merced, voting for or against the same. (Ord. 294, 1952; Ord. 1913 § 27, 2013)