Chapter 15.04 — FIRE PREVENTION

The City Council of the City of Mill Valley hereby adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the following:

A. The 2022 California Fire Code, which consists of certain portions of the 2021 edition of the
International Fire Code as amended by the California Building Standards Commission,
including:

1. Appendix 4 SPECIAL DETAILED REQUIREMENTS BASED ON USE AND
OCCUPANCY.

2. Appendix B FIRE FLOW REQUIREMENTS FOR BUILDINGS, the whole thereof,
save and except such portions as are hereafter deleted, modified or amended by
Section 15.04.120 of this Code.

3. Appendix BB FIRE FLOW REQUIREMENTS FOR BUILDINGS.

4. Appendix C FIRE HYDRANT LOCATIONS AND DISTRIBUTION, the whole
thereof, save and except such portions as are hereafter deleted, modified or amended
by Section 15.04.120 of this Code.

5. Appendix CC FIRE HYDRANTS LOCATIONS AND DISTRIBUTIONS.

6. Appendix E HAZARD CATEGORIES.

7. Appendix F HAZARD RANKING.

8. Appendix G CRYOGENIC FLUIDS–WEIGHT AND VOLUME EQUIVALENTS.

9. Appendix H HAZARDOUS MATERIALS MANAGEMENT PLAN AND
HAZARDOUS MATERIAL INVENTORY STATEMENTS.

10. Appendix I FIRE PROTECTION SYSTEMS–NONCOMPLIANT CONDITIONS.

11. Appendix O TEMPORARY HAUNTED HOUSES, GHOST WALKS AND
SIMILAR AMUSEMENT USES.

B. The International Fire Code published by the International Fire Code Council, Inc., 2022
Edition here-of and the whole thereof, save and except such portions as are hereinafter
amended, added or deleted by this chapter.

C. Appendix A of the 2021 edition of the International Wildland-Urban Interface Code save
and except such portions as are hereinafter deleted, modified or amended by this chapter.

Not less than one copy of the Codes and Standards hereby adopted is filed in the office of
the Fire Marshal of the Mill Valley Fire Department, and the same are hereby adopted and
incorporated fully as if set out at length herein, and from the date on which the ordinance
codified in this chapter shall take effect, and the provisions thereof shall be controlling within
the limits of the City of Mill Valley.

(Ord. 1340 § 1, December 5, 2022)

Valley Fire Department.

The 2022 California Fire Code, which consists of certain portions of the 2021 edition of the International Fire Code as amended by the California Building Standards Commission, shall be enforced by the Fire Marshal of the Mill Valley Fire Department and shall be operated under the supervision of the Fire Chief or designee of the Mill Valley Fire Department. (Ord. 1340 § 1, December 5, 2022)

Wherever they appear in the California Fire Code, unless otherwise provided, the following words shall have the meanings ascribed to them in this section:

Whenever the words "Fire Code" are used they shall mean those Codes and Standards adopted in this chapter.

Wherever the words "agency having jurisdiction" are used in the Fire Code, it shall be held to mean the Mill Valley Fire Department.

Wherever the term "counsel" is used in the Fire Code, it shall be held to mean the City Attorney for the City of Mill Valley.

Wherever the words "Fire Code Official" are used in the Fire Code, they shall be held to mean the Fire Chief or Fire Marshal of the Fire Loss Prevention Division of the Mill Valley Fire Department or designee. (Ord. 1340 § 1, December 5, 2022)

Class II, and Class III liquids in outside aboveground tanks is prohibited.

The geographic limits referred to in Section 5704.2.9.6.1 of the 2022 California Fire Code in which storage of Class I, Class II, and Class III liquids in outside above-ground tanks is prohibited are hereby established as follows: In all residential areas and in all heavily populated or congested commercial areas as established by the City of Mill Valley, and agricultural land of less than two acres. (Ord. 1340 § 1, December 5, 2022)

Class II liquids in aboveground tanks is prohibited.

The geographic limits, referred to in Section 5706.2.4.4 of the 2022 California Fire Code in which storage of Class I and Class II liquids in aboveground tanks is prohibited, are hereby established as follows: In all residential areas and in all heavily populated or congested commercial areas as established by City of Mill Valley, and agricultural land of less than two acres. (Ord. 1340 § 1, December 5, 2022)

stationary tanks of flammable cryogenic fluids is to be prohibited.

The geographic limits, referred to in Section 5806.2 of the 2022 California Fire Code in which the storage of flammable cryogenic fluids in stationary containers is prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, as established by the City of Mill Valley. (Ord. 1340 § 1, December 5, 2022)

gases is to be restricted.

The geographic limits, referred to in Section 6104.2 of the 2022 California Fire Code in which storage of liquefied petroleum gas is restricted, are hereby established as follows: In all residential areas and in all heavily populated or congested commercial areas, and agricultural land less than two acres. (Ord. 1340 § 1, December 5, 2022)

and blasting agents is to be prohibited.

Section 5604 of the California Fire Code is hereby amended to add a new Section 5604.1.1 to read as follows:

5604.1.1 Geographic Limits. The geographic limits in which storage of explosives and blasting agents is prohibited are as follows: In all residential areas and in heavily populated or congested commercial areas as established by the City of Mill Valley. (Ord. 1340 § 1, December 5, 2022)

compressed natural gas is to be prohibited.

Section 5304 of the California Fire Code is hereby amended to add a new Section 5304.3 to read as follows:

The geographic limits, in which the storage of compressed natural

gas is prohibited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, as established by the City of Mill Valley. (Ord. 1340 § 1, December 5, 2022)

hazardous materials is to be prohibited or limited.

Section 5001 of the California Fire Code is hereby amended to add a new Section 5001.1.2 to read as follows:

5001.1.2 Geographic Limits. The geographic limits, in which the storage of hazardous materials is prohibited or limited, are hereby established as follows: In all residential areas and in heavily populated or congested commercial areas, as established by City of Mill Valley.

(Ord. 1340 § 1, December 5, 2022)

The following amendments, additions, and deletions are made to the 2022 California Fire Code (CFC):

A. CFC Chapter 1: Scope and Administration.

Section 101.1 of Chapter 1 is amended to read as follows:

Section 101.1 Title. These regulations and locally adopted standards shall be known as the
Fire Code of the City of Mill Valley, hereinafter referred to as "this code."

Section 102.5 of Chapter 1 is hereby amended to read as follows:

102.5 Application of residential code. Where structures are designed and constructed in
accordance with the California Residential Code or the International Residential Code, the
provisions of this code shall apply as follows:

1. Construction and design provisions of this code pertaining to the exterior of the
structure shall apply including, but not limited to, premises identification, fire
apparatus access and water supplies. Construction and design provisions of this code
pertaining to the interior of the structure shall apply when specifically required by
this code, including but not limited to Section 903.2 and Chapter 12. Where interior
or exterior systems or devices are installed, construction permits required by Section
105.6 of this code shall also apply.
2. Administrative, operational and maintenance provisions of this code shall apply.

Section 102.7.3 is hereby added to Chapter 1 and shall read as follows:

1. Section 102.7.3 Nationally Recognized Listed Products. Any products and
equipment required to be installed pursuant to permits required by this code shall be
Labeled and Listed, as defined in Section 202.

Section 104.1.1 is hereby added to Chapter 1 and shall read as follows:

Section 104.1.1 Supplemental Rules, Regulations and Standards or Policies. The Fire
Code Official is authorized to render interpretations of this code and to make and enforce
rules and supplemental regulations, and to develop Fire Protection Standards or Policies to
carry out the application and intent of this code.

Section 104.13 is hereby added to Chapter 1 and shall read as follows:

Section 104.13 Fire Prevention Resource Sharing. Other enforcement agencies shall
have authority to render necessary assistance in plan review, inspection, code
interpretation, enforcement, investigation and other fire prevention services when
requested to do so.

Section 105.5 of Chapter 1 is hereby amended by adding the following additional
operational permits:

105.5 Required Operational Permits. The fire code official is authorized to issue operational permits for operations set forth in Sections 105.5.1 through 105.5.55.

Section 105.5.55 is hereby added to Chapter 1 and shall read as follows:

105.5.55 Local Operational Permits. In addition to the permits required by Section 105.5,
the following permits shall be obtained from the Fire Loss Prevention Division of the Mill
Valley Fire Department prior to engaging in the following activities, operations, practices
or functions:

1. Fire Protection Plan. An operational permit is required to implement a fire
protection plan.
2. Radioactive material. An operational permit is required to store or handle at any
installation more than 1 micro curie (37,000 Becquerel) of radioactive material not
contained in a sealed source or more than 1 millicurie (37,000,000 Becquerel) of
radioactive material in a sealed source or sources, or any amount of radioactive
material for which specific license from the Nuclear Regulatory Commission is
required.

Section 105.6 of Chapter 1 is hereby amended by adding the following additional
construction permits:

105.6 Required Construction Permits. The fire code official is authorized to issue
construction permits for work as set forth in Sections 105.6.1 through 105.6.25.

Section 105.6.25 of Chapter 1 is hereby added to read as follows:

105.6.25 Local Construction Permits. In addition to the permits required by section
105.6, the following permits shall be obtained from the Fire Prevention Division prior to
installation of the following:

1. Exterior Wildfire Protection Systems. A construction permit is required for the
installation of or design modification to an Exterior Wildfire Protection System as
regulated by section 918.
2. Home Backup Generator. A construction permit is required for the installation of a
home back-up generator as regulated by section 1208.
3. Vegetation Management Plan. A construction permit is required to implement a
vegetation management plan.

Section 107.7 is hereby added to Chapter 1 and shall read as follows:

Section 107.7 Damages and Expense Recovery. The expense of securing any emergency that is with-in the responsibility for enforcement of the Fire Chief as given in Section 104 is a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up.

Section 112.4 of Chapter 1 is hereby amended to read as follows:

Section 112.4 Violation Penalties. 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 subject to the penalties set forth in Title 8 of the Mill Valley Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue.

Section 112.4.2 is hereby added to Chapter 1 and shall read as follows:

Section 112.4.2 Abatement of clearance of brush or vegetative growth from structures. The Mill Valley City Council is authorized to instruct the Fire Code Official to give notice to the owner of the property upon which conditions regulated by section 304.1.2 of Chapter 3 and section 4907.4 of Chapter 49 exists to correct such conditions. If the owner fails to correct such conditions, the Mill Valley City Council is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.

B. CFC Chapter 2: Definitions.

Section 202 of Chapter 2 is hereby amended by adding the following new terms and definitions in alphabetical order:

"All weather surface" shall mean A/C paving, or concrete capable of supporting 55,000 pounds gross vehicle weight. Grades up to and including 18% may be of asphalt or concrete paving. Grades greater than 18% shall be of ribbed concrete as to allow for water run-off and traction.

Exception: Materials approved by the Fire Code Official.

Coverings. Materials including, but not limited to gypsum board, paneling, floor boards, lathe and plaster, wood paneling, brick and mortar, or other materials attached to rough framing of the building elements. 'Coverings' do not include carpet, linoleum, tile, wall paper, or other decorative finishes.

"Driveway" is a vehicular ingress/egress access route that serves no more than four dwelling units, not including accessory structures. Driveways shall provide a minimum unobstructed width 16 feet and a minimum unobstructed height of 15 feet. Driveways in excess of 150 feet in length shall be provided with turnarounds. Driveways in excess of 200 feet in length and less than 20 feet in width shall be provided with turnouts in addition to turnarounds.

Exterior Wildfire Protection System. An approved system of devices and equipment which is automatically or manually activated to discharge water and/or an approved fire- extinguishing agent onto the structure and or the exterior of the structure to hydrate the Immediate Zone 0 (0-5 feet from the home, including the home) and the Intermediate Zone 1 (5-30 feet from the home).

Fire Road. An improved or unimproved road, public or private, that provides access for firefighting equipment and personnel to undeveloped areas.

Home Backup Generator. A permanent, fixed installation, internal combustion engine- driven device that provides temporary electrical power to a Group R-3 and R-4 Occupancies.

"Occupancy classification" is modified to include:

[BG] Factory Industrial F-1 Moderate-hazard occupancy is amended to add to the list of moderate-hazard factory industrial groups the following: Agricultural crop production including cultivation, drying, processing and /or storage.

Pre-Plans. The detailed plans of target hazard buildings. The term 'pre-plans' includes information on the building's location, occupancy, hazards, fire department connections and hydrants, building layout, and other pertinent data that would assist the fire department in case of an emergency.

Public Storage Facility. Any business that sells, leases or rents space to the public that is enclosed, whether it is a building, storage container or similar configuration.

Spark Arrestor. A chimney device constructed in a skillful-like manner, consistent with the following. The net free area of a spark arrestor shall not be less than four times the net free area of the outlet of the chimney. The spark arrestor screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. The opening shall not permit the passage of spheres having a diameter larger than 1/2 inch and shall not block the passage of spheres having a diameter of less than 3/8 inch.

"Substantial remodel" shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent of the existing floor area of the structure within any 36 month period. When any changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for the purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings.

"Target hazard" is defined as a location or plausible scenario in which a fire department or fire district could quickly become overwhelmed and for which additional resources, now scarce, would be needed.

Temporary. Any use for a period of less than 90 days, where not otherwise referenced.

Tent. A structure, enclosure, umbrella structure or shelter with or without sidewalls or drops, constructed of fabric or pliable material supported by any manner except by air or the contents that it protects.

Unwarranted Alarm. The giving, signaling or transition of an alarm notification to a public fire station or emergency communication center when such alarm is the result of a defective condition of an alarm system, system servicing testing, construction activities, ordinary household activities, false alarm or other cause when no such danger exists.

C. CFC Chapter 3: General Requirements.

Section 302.1 of Chapter 3 is hereby amended to add the following to the list of terms that are defined in Chapter 2:

PUBLIC STORAGE FACILITY.

A new Section 324 is hereby added to Chapter 3 and shall read as follows:

SECTION 324

PUBLIC STORAGE FACILITIES

Section 324.1 General. Public Storage Facilities shall comply with the provisions of this section.

Section 324.2 Location on Property and Fire Resistance of Exterior. All public storage facilities shall meet the minimum requirements for setback from property lines or fire resistive construction as set forth in Table 602 of the Building Code for Group S, Division 1 occupancies.

Section 324.3 Fire apparatus access. All public storage facilities shall have fire apparatus access roads provided in accordance with Section 503.

Section 324.4 Storage of Flammable and Combustible Liquids and Hazardous Materials. The storage of hazardous materials or flammable or combustible liquids in public storage facilities is prohibited. Public storage facilities shall post legible and durable sign(s) to indicate this prohibition in a manner and location(s) as specified by the Fire Code Official. This section shall apply to new and existing public storage facilities.

Exception: Only those quantities of flammable and combustible liquids necessary for maintenance of the facility may be stored by the facility management consistent with Chapter 57 of this code.

D. CFC Chapter 4: Emergency Planning and Preparedness.

Section 401.1.1 is hereby added to Chapter 4 and shall read as follows:

Section 401.1.1 Hazardous Occupancies. In occupancies of a hazardous nature, where access for fire apparatus is unduly difficult, or where special life and fire safety hazards exist as determined by standards/policies of the City of Mill Valley, that facility or business management shall be required to develop and implement an Emergency Response Plan, and to provide for an onsite Emergency Response Team, Emergency Liaison Officer, staff training and fire drills, in accordance with Sections 405 and 406 and standards developed by the City of Mill Valley.

Section 401.3.2.1 is hereby added to Chapter 4 and shall read as follows:

Section 401.3.2.1 Unwarranted Alarm Notification. Notification of emergency responders based on an unwarranted alarm may be punishable by a fine in accordance with the adopted fee schedule. In addition, the responsible party may be liable for the operational and administrative costs incurred from the emergency response or mitigation procedures resulting from an unwarranted alarm notification.

Section 401.3.2.2 is hereby added to Chapter 4 and shall read as follows:

Section 401.3.2.2 Multiple Unwarranted or Nuisance Alarm Activations. Any occupancy that has more than 3 unwarranted or nuisance alarms causing emergency response within a 12-month period may be required to modify, repair, upgrade or replace their system and or monitoring station as determined by the Fire Code Official.

Section 402.1 of Chapter 4 is hereby amended to add the following to the list of terms that are defined in Chapter 2:

PRE-PLANS.

UNWARRANTED ALARMS. TARGET HAZARDS.

Section 403.1.1 is hereby added to Chapter 4 and shall read as follows:

Section 403.1.1 Pre-plans. When required by the Fire Code Official, pre-plans shall be developed for target hazard buildings according to the written standards developed by the authority having jurisdiction.

Section 403.9.1.4 is hereby added to Chapter 4 and shall read as follows:

Section 403.9.1.4 Emergency Preparedness for Hotels, Lodging Houses and Congregate Residences. Hotels, lodging houses and congregate residences shall provide guests with immediate access to a telephone to report emergencies. The exit diagram shall indicate the location of the nearest telephone and instructions to dial 911.

E. CFC Chapter 5: Fire Service Features.

Section 501.5 is hereby added to Chapter 5 and shall read as follows:

Section 501.5 Failure to Comply. Failure to comply with this section upon written or verbal notice from the Fire Code Official shall result in a City of Mill Valley order to cease operations and desist further operations until such time as adequate access and/or water for fire protection is provided.

Section 502.1 of Chapter 5 is hereby amended by adding the following to the list of terms that are defined in Chapter 2:

FIRE ROAD. DRIVEWAY.

Section 503.1 of Chapter 5 is hereby amended to read as follows:

Section 503.1 Where Required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.5.

Section 503.1.4 is hereby added to Chapter 5 and shall read as follows:

Section 503.1.4 Fire Roads. Fire roads shall be provided for firefighting equipment, apparatus and personnel to undeveloped areas of the City of Mill Valley so as to gain access to improved, unimproved, and undeveloped areas of the City of Mill Valley, in a manner approved by the Fire Code Official. Any vehicle or other obstructions may be towed away at the owner's expense.

Section 503.1.5 is hereby added to Chapter 5 and shall read as follows:

Section 503.1.5 Aerial fire apparatus access. For buildings or facilities exceeding 30 feet or three stories in height, approved aerial fire apparatus access roads shall be provided.

For the purposes of this section, the highest roof surface shall be determined by the measurement to the eave of the pitched roof, the intersection of the roof to the exterior wall, or the top of parapet walls, whichever is greater.

Section 503.1.5.1 Width. Aerial fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of the building or portion thereof.

Section 503.1.5.2 Proximity to building. One or more of the required access routes meeting this condition shall be located not less than 15 feet and not more than 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the Fire Code Official.

Section 503.1.5.3 Obstructions. Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between the aerial fire apparatus access road and the building. Other obstructions shall be permitted to be placed with the approval of the Fire Code Official.

Section 503.2.1 of Chapter 5 is hereby amended by adding an exception, which shall read as follows:

Exception: Driveways serving as fire apparatus access roads that serve fewer than five structures may reduce the required unobstructed width to 16 feet.

Section 503.2.6.1 is hereby added to Chapter 5 and shall read as follows:

Section 503.2.6.1 Evaluation and maintenance. All existing private bridges and elevated surfaces that are a part of a fire apparatus access road shall be evaluated by a California licensed civil engineer experienced in structural engineering or a California licensed structural engineer, for safety and weight rating, in accordance with American Association of State Highway and Transportation Officials (AASHTO) Manual: "The Manual for Bridge Evaluation," Second Edition, or other approved standard. Vehicle load limits shall be posted at both entrances to bridges. All bridges and elevated structures providing fire department access shall be routinely maintained in accordance with Section 503.2.6 or when directed by the Fire Code Official or authorized designee.

Section 503.4 of Chapter 5 is hereby amended to read as follows:

Section 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in sections 503.2.1 and 503.2.2 shall be maintained at all times. Any vehicle or other obstruction may be towed away at the owner's expense.

Section 503.4.2 is hereby added to Chapter 5 and shall read as follows:

503.4.2 Prohibition of vehicular parking on private access ways. If, in the judgment of the Fire Code Official, it is necessary to prohibit vehicular parking along private access ways serving existing facilities, buildings, or portions of buildings in order to keep them clear and unobstructed for fire apparatus access, the Fire Code Official may issue an Order to the owner, lessee or other person in charge of the premises to paint the curbs red or install signs or other appropriate notices to the effect that parking is prohibited by Order of the Fire Department. It shall thereafter be unlawful for such owner, lessee or other person in charge of the premises to fail to install or maintain in good condition, the form of notice so prescribed. When such areas are marked or signed as provided herein, no person shall park a vehicle adjacent to any such curb or in the private access way contrary to such markings or signs. Any vehicle so parked in the private access way may be towed away at the expense of the owner of the vehicle.

Sections 503.6.1, 503.6.2, and 503.6.3 are hereby added to Chapter 5 and shall read as follows:

Section 503.6.1 Width. All gates shall open fully to provide an unobstructed passage width of not less than 16 feet or a minimum of two feet wider than the approved net clear opening of the required all weather roadway or driveway and a minimum net vertical clearance of 15 feet.

Section 503.6.2 Electronic gates. All electronic operated gates shall have installed an approved key switch override system mounted on a stanchion or wall as approved by the Fire Code Official in accordance with Standards/Policies adopted by the Fire Code Official. All electronic or motorized gates shall incorporate in their design the means for fast, effective manual operation of the gates in the event of a power or mechanical failure (i.e., easily removable hinge pins for separating power linkage from gates; undercut, weakened or frangible members requiring 40 pounds or less pressure against the gates to cause their failure and the gates to open). All electrical wiring and components of motorized gates shall be UL listed and installed in accordance with the National Electric Code.

Section 503.6.3 Gate Setback Required. Gates shall be set back from roadways a minimum of 30 feet or more so as not to cause cross traffic to stop or create a hazardous traffic condition on the roadway approach to the driveway.

Exception: The Fire Code Official is authorized to modify the setback if fire apparatus access onto the property is not required to achieve 150 foot access to the most remote portion of the building per 503.1.1.

Section 506.1 of Chapter 5 is hereby amended to read as follows:

Section 506.1 Key Entry Systems. When access to or within a structure or an area is
restricted because of secured openings or where immediate access is necessary for life-
saving or firefighting purposes, and in commercial structures that have an automatic fire
sprinkler or fire alarm system installed, the Fire Code Official is authorized to require a key
entry system to be installed in an approved location. The key entry system shall be of an
approved type listed in accordance with UL1037, and if it is a key entry box, shall contain
keys necessary to gain access as required by the Fire Code Official.

Section 507.5.1 of Chapter 5 is hereby amended by deleting the Exception. Section
507.5.1.1 of Chapter 5 is hereby amended to read in its entirety as follows:

Section 507.5.1.1 Hydrant for fire department connections. Buildings equipped with a
water-based fire protection system installed in accordance with Section 903 through 905
shall have a fire hydrant within 100 feet of the fire department connections.

Exception: The distance shall be permitted to exceed 100 feet where approved by the Fire
Code Official.

Section 507.5.7 is hereby added to Chapter 5 and shall read as follows:

Section 507.5.7 Fire hydrant upgrades. When additions or modifications to structures
are made, the nearest fire hydrant (if a new one is not required) located by the Fire Code
Official or his/her designee shall be upgraded to the minimum standard of one 4 1/2″ outlet
and one 2 1/2″ outlet for single family dwellings and the minimum standard of one 4 1/2″
outlet and two 2 1/2″ outlets for commercial structures.

Exceptions:
1. If the cost of upgrading the fire hydrant exceeds 2% of the cost of the project based
on the building permit valuation.
2. One and two family dwellings equipped throughout with an approved automatic
sprinkler system.

Section 510.1 of Chapter 5 is hereby amended by deleting Exception 1.

F. CFC Chapter 9: Fire Protection and Life Safety Systems.

Section 901.7 of Chapter 9 is hereby amended to read as follows:

Section 901.7 Systems out of Service. Where a required fire protection system is out of service, the fire department and the Fire Code Official shall be notified immediately and, where required by the Fire Code Official, the building shall be either evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. This section shall also apply to residential fire sprinkler systems.

Where utilized, fire watches shall be provided with not less than one approved means for
notification of the fire department and their only duty shall be to perform constant patrols
of the protected premises and keep watch for fires.

Section 903.2 of Chapter 9 is hereby deleted and replaced with the following provisions,
with the exception of subsections 903.2.5, 903.2.6, 903.2.8, 903.2.11, 903.2.12, 903.2.14,
903.2.15, 903.2.16, 903.2.17, 903.2.18, 903.2.19, 903.2.20 and 903.2.21 which shall
remain in effect.

Section 903.2 is hereby added to Chapter 9 and shall read as follows:

Section 903.2 Where required. Approved automatic sprinkler systems in new and existing
buildings shall be provided in the locations described in this section.

Section 903.2.1 through 903.2.4 are hereby added to Chapter 9 and shall read as follows:

Section 903.2.1 Required Installations. An automatic sprinkler system shall be installed
and maintained in all newly constructed buildings or structures, regardless of occupancy
classification.

Exceptions:
1. Free standing Group U occupancies not more than 1,000 square feet and provided
with exterior wall and opening protection as required under Section 602, Table 602
of the California Building Code.

2. Group B or M occupancies less than 1000 square feet.
3. Detached restroom facilities associated with golf courses, ball fields, parks and
similar uses as approved by the Fire Code Official.
4. Agricultural buildings, as defined in Appendix C of the California Building Code,
that do not exceed 2,000 square feet and that have a clear unobstructed side yard of
combustible materials, exceeding 60 feet in all directions and not exceeding 25 feet
in height.

Section 903.2.2 Additions and Alterations. An automatic sprinkler system shall be
installed in all buildings that are in excess of 3,000 square feet and to which ten per cent
(10%) or more floor area is added within any 36 month period.

Exception: R-3 occupancies. See 903.2.3.

Section 903.2.2.1 Substantial Remodels. An automatic sprinkler system shall be installed in all buildings to which fifty per cent (50%) or more floor area is added, or that undergo any substantial remodel as defined in this code, within any 36 month period.

Section 903.2.3 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies, and shall be provided throughout all one-and two-family dwellings regardless of square footage in accordance with the California Residential Code. An automatic sprinkler system shall be installed in all mobile homes, manufactured homes and multi-family manufactured homes with two or more dwelling units in accordance with Title 25 of the California Code of Regulations.

Section 903.2.4 Change of Occupancy or Use. For any change of occupancy or use, when the proposed new occupancy classification is more hazardous based on a fire and life safety evaluation by the Fire Code Official, including but not limited to conversion of buildings to single family residences, bed and breakfast, inns, lodging houses or congregate residences or other similar uses, an automatic sprinkler system shall be installed throughout.

Section 903.3.9 of Chapter 9 is hereby amended by revising subsection 2 to read as follows:

2. Buildings that are two or more stories in height.

Section 903.4 is hereby amended by deleting Exceptions 1, 2, and 3.

Section 903.6.1 is hereby added to Chapter 9 and shall read as follows:

Section 903.6.1 Application. In all existing buildings, when the addition of automatic fire sprinklers are required by the provisions of this code, automatic fire sprinklers shall be extended into all unprotected areas of the building.

Section 906.11 is hereby added to Chapter 9 and shall read as follows:

Section 906.11 Fire Extinguisher Documentation. The owner and/or operator of every Group R-2 occupancy shall annually provide the Fire Code Official with written documentation that fire extinguishers are installed and have been serviced as required by Title 19 of the California Code of Regulations when such extinguishers are installed in residential units in lieu of common areas.

Section 907.2.13.1.2 of Chapter 9 is hereby amended by adding a new subsection 3, which shall read as follows:

3. Duct smoke detectors shall be capable of being reset by a readily accessible, remote push button or key activated switch as approved by the Fire Code Official.

Section 907.6.6 of Chapter 9 is hereby amended to read in its entirety as follows:

Section 907.6.6 Monitoring. New and upgraded fire alarm systems required by this
chapter or by the California Building Code shall be monitored by an approved Central
Station in accordance with NFPA 72 and this section.

Exception: Monitoring by a Central Station is not required for:

1. Single-and multiple-station smoke alarms required by Section 907.2.11.
2. Smoke detectors in Group I-3 occupancies shall be monitored in accordance with
Section 907.2.6.3.

Section 907.8.5 is hereby added to Chapter 9 and shall read as follows:

Section 907.8.5 Smoke Alarm Documentation. The owner and/or operator of every
Group R-1, R-2, R-3.1, and R-4 occupancy shall annually provide the Fire Code Official
with written documentation that the smoke alarms installed pursuant to the Building Code
have been tested and are operational. If alarms are found to be inoperable or are missing,
such alarms shall be repaired or replaced immediately.

Section 918 of Chapter 9 is hereby added and shall read as follows:

SECTION 918 EXTERIOR WILDFIRE PROTECTION SYSTEMS

Section 918.1 of Chapter 9 is hereby added and shall read as follows:

Section 918.1 General. Exterior Wildfire Protection Systems shall comply with this
section.

Section 918.2 of Chapter 9 is hereby added and shall read as follows:

Section 918.2 Construction documents. Documentation of the system shall be submitted
per section 901.2.

Section 918.3 of Chapter 9 is hereby added and shall read as follows:

Section 918.3 Permits. Permits shall be required as set forth in section 901.3.

G. CFC Chapter 11: Construction Requirements for Existing Buildings.

Section 1103.1 of Chapter 11 is hereby amended to read as follows:

Section 1103.1 Required Construction. Existing buildings shall comply with not less than
the minimum provisions specified in Table 1103.1 and as further enumerated in Sections
1103.2, 1103.7 through 1103.8.5.3, 1103.9.1, and 1103.10.

The provisions of this chapter shall not be construed to allow the elimination of fire
protection systems or a reduction in the level of fire safety provided in buildings
constructed in accordance with previously adopted codes.

Exceptions:

1. Where a change in fire-resistance rating has been approved in accordance with
Section 501.2 or 802.6 of the California Existing Building Code.

2. Group U occupancies.

Section 1103.2 of Chapter 11 is hereby amended by deleting subsection 1.

Sections 1103.3 through 1103.6.2, Section 1103.9, Section 1104, and Section 1105 of Chapter 11 are hereby deleted.

H. CFC Chapter 12: Energy Systems.

Section 1201.4 of Chapter 12 is hereby added and shall read as follows:

Section 1201.4 Construction Documents. A scaled and dimensioned site plan showing the location of all energy systems, property lines, buildings, service and electrical panels, transfer switches, disconnects, underground wiring and piping, fuel type and piping, map placard and signage. Site Plan shall clearly designate property frontage for viewer orientation.

Section 1201.5 of Chapter 12 is hereby added and shall read as follows:

Section 1201.5 Signs and Labels. Caution signs or labels are required to identify the quantity and type of additional power source(s) located on site. Signs shall be required at the main service panel, and on disconnect equipment. Additional locations may be required by the fire code official.

Section 1201.6 of Chapter 12 is hereby added and shall read as follows:

Section 1201.6 Disconnect. An approved and readily accessible independent and clearly labeled single exterior disconnect shall be located prior to any load/service panel and installed as close as possible to the main service panel or as approved by the Fire Code Official. Integrated equipment toggle, rocker, or electronic switches shall not be utilized as an independent disconnects.

Section 1201.7 of Chapter 12 is hereby added and shall read as follows:

Section 1201.7 Operational Testing. New installations shall be tested for complete power and energy system shutdown. A normal power failure shall be simulated by closing the main service breaker supplying normal power to the building. Upon transfer from main power to alternate power source(s), the single disconnect(s) shall be used to disconnect alternate power from all alternate energy sources. A successful result of the shutdown test shall include termination of all alternate energy power sources serving the building (i.e. main service, photovoltaic system, energy storage systems, and generators, when installed).

Section 1202.1 in Chapter 12 is hereby amended to add the following:

HOME BACKUP GENERATOR

Section 1208 of Chapter 12 is hereby added and shall read as follows:

SECTION 1208 HOME BACKUP GENERATOR

Section 1208.1 of Chapter 12 is hereby added and shall read as follows:

Section 1208.1 General. The use, operation and maintenance of home backup generators in Group R-3 and R-4 occupancies shall comply with this section.

Section 1208.2 of Chapter 12 is hereby added and shall read as follows:

Section 1208.2 Use. Home backup generators shall be installed in accordance with the
California Building Code, the California Electrical Code, and NFPA 110.

Section 1208.3 of Chapter 12 is hereby added and shall read as follows:

Section 1208.3 Permits. Permits shall be obtained for Home Backup Generators as set
forth in Section 105.

Section 1208.4 of Chapter 12 is hereby added and shall read as follows:

Section 1208.4 Listing. Home backup generators shall be listed and labeled in accordance
with UL 2200.

Section 1208.5 of Chapter 12 is hereby added and shall read as follows:

Section 1208.5 Maintenance. Home backup generators shall be operated and maintained
in accordance with the manufacturer's instructions.

I. CFC Chapter 26: Fumigation and Insecticidal Fogging.

Chapter 26 is hereby deleted in its entirety.

J. CFC Chapter 33: Fire Safety During Construction.

Section 3314.3 of Chapter 33 is hereby amended by revising the exception to read as
follows:

Exception: Standpipes shall be either temporary or permanent in nature, and with or
without a water supply, provided that such standpipes comply with the requirements of
Section 905 as to capacity, outlets and materials, as approved by the Fire Code Official.

Sections 3315.3, 3315.4, and 3315.5 are hereby added to Chapter 33 and shall read as
follows:

Section 3315.3 Where required. In buildings of combustible construction required to
have an automatic sprinkler system by Section 903, the automatic sprinkler system shall
be installed prior to construction exceeding two stories in height above the lowest level
of fire department vehicle access. Such automatic sprinkler system shall be extended as
construction progresses to within one floor of the highest point of construction having
secured decking or flooring.

Section 3315.4 Buildings being demolished. Where a building is being demolished and
an automatic sprinkler system is existing within such a building, the automatic sprinkler
system shall be maintained in an operable condition so as to be available for use by the
fire department. Such automatic sprinkler system shall be demolished with the building but
shall not be demolished more than one floor below the floor being demolished.

Section 3315.5 Detailed requirements. Automatic sprinkler systems shall be installed in accordance with the provisions of Section 903.

K. CFC Chapter 49: Requirements for Wildland-Urban Interface Fire Areas.

Section 4902.1 of Chapter 49 is hereby amended to read as follows:

FIRE PROTECTION PLAN. A document prepared for a specific project or development
proposed for construction and development in areas designated as Wildland-Urban
Interface (WUI), and/or Moderate, High, or Very High Fire Hazard Severity Zone. It
describes ways to minimize and mitigate potential for loss from wildfire exposure.

WILDLAND-URBAN INTERFACE FIRE AREA. A geographical area identified by
the City of Mill Valley as a "Fire Hazard Severity Zone" in accordance with the Public
Resources Code, Sections 4201 through 4204, and Government Code, Sections 51175
through 51189, or other areas designated by the enforcing agency to be at a significant risk
from wildfires, as designated on the map titled Wildland-Urban Interface Fire Area, dated
October 20, 2010, on file in Mill Valley City Hall.

Section 4903.2.1.1 of Chapter 49 is amended to read as follows:

Section 4903.2.1.1 Preliminary fire protection plan. When a preliminary fire protection
plan is submitted, it shall include, at a minimum, the following:
1. Total size of the project.
2. Information on the adjoining properties on all sides, including current land uses, and
if known, existing structures and densities, planned construction, natural vegetation,
environmental restoration plans, roads and parks.
3. A map with all project boundary lines, property lines, slope contour lines, proposed
structure foundation footprints, and proposed roads and driveways. The map shall
identify project fuel modification zones and method of identifying the fuel
modification zone boundaries.
4. The map shall include all existing emergency water supplies.

Section 4903.2.1.2 of Chapter 49 is amended to include the following:

The final fire protection plan shall include items listed in Section 4903.2.1.1 and the
following:
1. A map identifying all proposed plants in the fuel modification zones with a legend
that includes a symbol for each proposed plant species. The plan shall include
specific information on each species proposed, including but not limited to:
a. The plant life-form;
b. The scientific and common name; and
c. The expected height and width for mature growth.
2. Identification of irrigated and non-irrigated zones.
3. Requirements for vegetation reduction around emergency access and evacuation
routes.

4. Identification of points of access for equipment and personnel to maintain vegetation
in common areas.
5. Legally binding statements regarding community responsibility for maintenance of
fuel modification zones.
6. Legally binding statements to be included in covenants, conditions and restrictions
regarding property owner responsibilities for vegetation maintenance.
7. Identification of the location of fire protection systems or equipment.
8. Identification of any power sources, meters, and shut downs.

Section 4906.2 of Chapter 49 is hereby amended to read as follows:

Section 4906.2 Application. Buildings and structures located in any Fire Hazard Severity
Zone or any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing
agency shall maintain the required hazardous vegetation and fuel management per Sections
4906.3 through 4906.5.3.

Section 4906.3 is hereby amended to read as follows:

Section 4906.3 Vegetation Management Plan. A Vegetation Management plan shall be
required for new construction, substantial remodels, and landscape modifications including
new plantings, modifications to existing plantings, and/or excavation.

Section 4906.3.1 of Chapter 49 is deleted in its entirety.

Section 4906.3.2 of Chapter 49 is hereby added to read as follows:

Section 4906.3.2 Cost. The cost of VMP preparation and review shall be the responsibility
of the applicant.

Section 4906.4.2.1 of Chapter 49 is amended to read as follows:

Section 4906.4.2.1 Tree Planting. New trees classified as fire-resistant vegetation shall be
permitted provided the tree is planted and maintained so that the tree's drip line at maturity
is a minimum 5 feet (9144 mm) from any combustible structure.

Section 4907.2 of Chapter 49 is hereby added to read as follows:

Section 4907.2 Application. Buildings and structures located in any Fire Hazard Severity
Zone or any Wildland-Urban Interface (WUI) Fire Area designated by the enforcing
agency shall maintain the required hazardous vegetation and fuel management:

Section 4907.4 is hereby added to Chapter 49 and shall read as follows:

Section 4907.4 Fire Hazard Reduction. Any person who owns, leases, controls or maintains any building or structure, and/or lands within specific Wildland-Urban Interface Areas of the jurisdiction of the City of Mill Valley shall comply with the following:

1. Cut and remove all pyrophytic combustible vegetation and ground coverings within
10 feet of property lines and driveways and within 100 feet of structures, up to 200
feet (but not beyond the property line) when topographic or pyrophytic vegetative
types necessitate removal as determined by the Fire Chief or his/her designee. After
removal of pyrophytic combustible vegetation, the area shall be maintained free
of such vegetation. "Pyrophytic combustible vegetation" means vegetation that is
highly flammable and endangers public safety by creating a fire hazard, including
but not limited to seasonal and recurrent weeds, stubble, brush, dry leaves, and other
hazardous vegetation such as but not limited to Coyote brush, Chaparral, Chamise,
Manzanita, Rosemary, Tan Oak, Yew and Coastal Sagebrush.
2. Commencing May 1, 2021 (except as provided in section 9 below), remove all of
the following from the entirety of the parcel and maintain the property free of such
vegetation:

Common Name Genus Species

Acacia Acacia All species & varieties

Bamboo All Genera All species & varieties

Arborvitae Thuja All species & varieties

Italian Cypress Cupressus sempervirens

Junipers Juniperus All species & varieties

French Broom Genista monspessulana

Portuguese Broom Cytisus striatus

Scotch Broom Cytisus scoparius

Spanish Broom Spartium junceum & all varieties

Gorse Ulex europaea

3. Owners of property within the Wildland-Urban Interface Area are encouraged to voluntarily clear and create hardscape within the first 3 feet surrounding any residential or commercial structure. A deck or patio is considered to be a part of the structure. Hardscape may consist of gravel, concrete, brick, pavers, decomposed granite, and like materials, or bare ground. Organic mulches derived from plant materials such as pine needles, pine bark nuggets, wood chips, or shredded redwood or cedar bark, or from ground or shredded rubber, should not be within the 3 foot hardscape area. Succulent plants are acceptable in the 3 foot hardscape area. This hardscape area should be maintained clear of vegetation and organic material, other than succulent plants. 4. Remove piles of accumulated dead vegetation on the property. 5. Cut and remove tree limbs that overhang and are within 10 vertical feet of wood decks and roofs. 6. Remove that portion of any tree which extends within 10 feet of any chimney or stovepipe.

4. Clean any leaves and needles from roof and gutters. 8. Raise the crowns of all trees by cutting and removing growth less than 3-inches in diameter, from the ground up to a minimum height of 10 feet, provided that no crown shall be raised to a point so as to remove branches from more than the lower one-third of the tree's total height. 9. Ladder fuels shall be removed within 30 feet of the structure. 10. When required by the Fire Code Official, cut and remove trees that are six inches of diameter or less at breast height, or four feet, six inches above ground, to achieve canopy separation within 30 feet of the structure. 11. Vegetation clearance requirements for new construction and substantial remodels in Wildland-Urban Interface Areas shall be in accordance with the 2006 International Wildland-Urban Interface Code, as amended by the City of Mill Valley. Notwithstanding anything to the contrary here-in, commencing on the effective date of this ordinance new construction and substantial remodels shall also comply with the vegetation removal requirements in section 2 above. 12. Removal of trees shall comply with the requirements of Chapter 20.67 of the Mill Valley Municipal Code. Exception 1: When approved by the Fire Code Official, single specimens of trees (including but not limited to redwood trees and other heritage trees) or other vegetation that are well-pruned and maintained so as to effectively manage fuels and do not form a means of rapidly transmitting fire from the native growth to any structure. Exception 2: When approved by the Fire Code Official, 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 soil, prevent erosion, or otherwise protect against landslides or slope failures. Grasses shall be cut and maintained at a height of 3 inches or shorter. Exception 3: Where necessary to mitigate potential impacts to special status species, including but not limited to nesting birds, the Fire Code Official may approve deferred removal of trees or vegetation. Where the removal of multiple trees or significant amounts of vegetation is proposed, the Fire Chief may require a property owner to hire a qualified biologist to conduct a species survey and prepare a mitigation plan. Section 4907.5 is hereby added to Chapter 49 and shall read as follows:

Section 4907.5 Fire Hazard Reduction from Roadways. The Fire Code Official is authorized to cause areas within 10 feet (3048 cm) on each side of portions of highways, fire apparatus access roads (improved or unimproved), and driveways (improved or unimproved), which are improved, designed, or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. Corrective action, if necessary, shall be the same as the actions required in Section 4907.4. The Fire Code Official is authorized to enter upon private property to do so in accordance with Section 8.04.120 of the Mill Valley Municipal Code.

Exception: When approved by the Fire Code Official, single specimens of trees, ornamental shrubbery or similar plants, or plants used as ground covers may remain, provided that they do not form a means of rapidly transmitting fire from the native growth to any structure.

Section 4911 is hereby added to Chapter 49 and shall read as follows:

SECTION 4911 NUISANCE

Section 4911 Nuisance. Failure to comply with the requirements of Section 4907.4 shall be deemed a public nuisance. The Fire Chief is hereby authorized to require the abatement of any nuisance condition described in Section 4907.3 or Section 4907.4. Abatement shall be accomplished in accordance with Title 8 of the Mill Valley Municipal Code.

L. CFC Chapter 56: Explosives and Fireworks.

Section 5601.1.3 of Chapter 56 is hereby amended by deleting Exceptions 1, 2, and 4.

Section 5608.1.2 is hereby added to Chapter 56 and shall read as follows:

Section 5608.1.2 Permit required. A permit shall be obtained from the Fire Code Official in accordance with Section 105.6 prior to the performance of any firework display. An application for such permit shall be made in writing no less than 20 days prior to the proposed display. The application shall be considered and acted upon by the Fire Code Official or authorized designee pursuant to this Chapter and Title 19, Chapter 6, Article 3 (Licenses) of the California Code of Regulations. Any permit for a fireworks display may be suspended or revoked at any time by the Fire Code Official or authorized designee.

Section 5608.2 is hereby added to Chapter 56 and shall read as follows:

Section 5608.2 Limitations. To possess, store, offer or expose for sale, sell at retail, gift or give away, use, explode, discharge, or in any manner dispose of fireworks is prohibited within the limits of the City of Mill Valley.

Exception: Firework displays authorized pursuant to Section 5608.1 for which a permit has been issued.

M. CFC Chapter 80: Referenced Standards.

Chapter 80 is hereby amended by revising Section 29.4.1 within NFPA 13-22: Standard for the Installation of Sprinkler Systems as amended, to read as follows: