Millbrae Municipal Code Art. VI Fire Code

The code of rules, regulations and standards which contains building standards known as the 2025 California Fire Code (Title 24, Part 9, CFC and the International Fire Code, 2024 Edition, as amended by the State of California), and the non-building standards known as the International Fire Code, 2024 Edition, together with all appendices, except Appendices A, D, P and J, and the State of California amendments, thereto hereinafter collectively called the "2025 California Fire Codes" (hereinafter "Fire Code"), and the Public Resources Code, Division 4, Section 4291 prescribing regulations governing conditions hazardous to life and property from fire, explosion, or wildfire and governing the maintenance of buildings and premises and safeguarding life, health, property and public welfare by regulating the storage, use and handling of dangerous and hazardous materials, substances and processes, and by regulating the maintenance of adequate egress facilities in the City of Millbrae is hereby adopted and by reference incorporated in this chapter as if fully set forth as the fire code of the city establishing the rules, regulations and standards within this city as to all matters therein contained; subject, however, to the amendments, additions and deletions set forth in this chapter. The mandatory requirements of the adopted appendices to the Fire Code shall be enforceable to the same extent as if contained in the body of the Fire Code. One copy of the Fire Code shall, at all times, be kept on file in the office of the Fire Chief and Building Official.

Whenever reference is made within the Millbrae Municipal Code to the Uniform Codes, National Codes or any codes regulating the construction or maintenance of any building, structure or appurtenance thereto, such codes shall commonly mean the currently adopted building code set forth in this chapter.

Fire Code Section 104.1 is amended by adding subsection 104.1.1 to read as follows:

Section 104.1. FIRE CHIEF.

Whenever the terms "Chief" or "Fire Chief is used or appears in the Fire Code, such term shall be deemed and construed to mean the Fire Chief of the Central County Fire Department or his/her designated representative. Whenever the term "Fire Department" is used or appears in the Fire Code, such term shall be deemed and construed to mean the Central County Fire Department.

Fire Code Section 108.1 is amended to read as follows:

Section 108.1

FEES AND SPECIAL REQUIREMENTS. A permit shall not be issued until the fees have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The fees for the permits and other services shall be as established by the Central County Fire Department, as adopted by reference by resolution of the Millbrae City Council, as amended from time to time. The fee shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions. The fees must be paid prior to engaging in the listed activities to the appropriate agency, City of Millbrae or Central County Fire Department, depending on the type of service.

1. The applicant for a given permit shall be exempt from the payment of such fees if applicant can show proof of non-profit status and obtains City Council approval.

2. The applicant for a given permit shall be exempt from the payment of fees when the work to be conducted is for the City of Millbrae under written contract to the City or for properties or events sponsored or co-sponsored by the City.

3. In the case of multiple permits for an applicant, the permit applicant will be charged the single highest listed rate of all the permits required. The other permittable items will be charged at a rate of fifty percent (50%) of the listed fee as long as the permits are for the same address.

4. All fire permits and fire construction permits will include a set number of inspections per permit as set forth by the Central County Fire Department Fee Schedule. Additional inspections and additional re-inspections will be billed at an hourly rate consistent with the Central County Fire Department Fee Schedule.

5. Application for "event" type permits (i.e.: Assembly, Pyrotechnic, Tents, etc.) shall be submitted 14 days prior to the event date. Applications submitted within 13 days prior to the event date shall be charged double the regular permit rate as established by the Central County Fee Schedule.

6. "After Hours" inspections shall be invoiced at a rate of one and one-half time the normal hourly rate. "After Hours" inspections will be billed at a rate of three hours minimum. "After Hours" inspections are defined as inspections conducted outside of Central County Fire Department's normal business hours.

7. Any person, group, organization, institution or business failing to pay the applicable fees under this Article for 30 days following the due date, for either existing or new permit applicants, shall be issued a citation for non-payment of the required permit fee. The penalty for all delinquent permit payments beyond 30 days shall be double the original fee.

Fire Code Section 108.4 is amended to add Sections 108.4.1 and 108.4.2 to read as follows:

Section 108.4.1 INVESTIGATION.

Whenever construction or work for which a permit is required by this code, or any other code adopted or incorporated by reference as a part of this Chapter, has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work. Demolition of all or part of a structure or system without a required permit shall be subject to the investigation and fees imposed by this section.

Section 108.4.2 FEES.

An investigation fee, in addition to any permit fees, shall be collected, whether or not a permit is then or subsequently issued. The investigation fee will be assessed based on the hourly rate consistent with the Central County Fire Department Fee Schedule. The investigation fee shall be determined by the Fire Chief and shall be based on the staff time reasonably required to resolve all issues related to the work performed without a permit. In addition, penalties may be assessed in accordance with this Chapter. No subsequent permit shall be issued until the investigation fee and any penalties are paid in full.

Nothing in this section shall relieve any persons from fully complying with the requirements of this code, or with any codes incorporated by reference and made a part of this code in the execution of the work, or from any other fees or penalties prescribed by law.

Fire Code Section 112 is amended to read as follows:

Section 112. MEANS OF APPEALS

1. The Fire Chief shall be charged with the duty and responsibility of administering the provisions of this chapter.

2. Whenever it is provided herein that certain things shall be done in accordance with the order, opinion, or approval of the Fire Code Official, such order, opinion, or approval shall be complied with; provided, any person aggrieved thereby, or believing that such order is erroneous or faulty, may appeal, except as otherwise provided in this chapter, to the Fire Chief in writing within ten (10) days after such order has been given. The Fire Chief shall affirm, modify or reverse the same within forty-eight (48) hours thereafter; provided further that, if dissatisfied with the Fire Chief's ruling thereon, that person may appeal to the Millbrae City Manager within ten (10) days from the date of the Fire Chief's ruling and the decision of the City Manager shall be final and conclusive. In the meantime, except in the cases of immediate hazard, the enforcement of the order shall be suspended until such person has exhausted his or her right of appeal as herein provided.

Fire Code Section 113.4 is amended to read as follows:

Section 112.4 VIOLATIONS AND PENALTIES.

It is unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of the Fire Code.

Any person, firm or corporation violating any provision of the Fire Code shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not to exceed five hundred dollars or by imprisonment in the county jail for not to exceed six months, or both fine and imprisonment. Each separate day or any portion thereof during which any violation of the Fire Code occurs or continues shall be deemed to constitute a separate offense and, upon conviction thereof, shall be punishable as herein provided. The issuance or granting of a permit shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of the Fire Code.

Fire Code Section 315.2 is amended to read as follows:

Section 315.2. PERMIT REQUIRED.

A permit for miscellaneous combustible materials shall be required as set forth in Section 105.5.

EXCEPTION: Storage of combustible materials other than motorized vehicles or vessels shall not be permitted in a public parking garage or in a garage or carport serving a Group R, Division 1 Occupancy or Group R, Division 2 Occupancy, unless the method of storage is approved by the Central County Fire Department.

Section 315.3 of the Fire Code is amended by adding the Section 315.3.5 to read as follows:

Section 315.3.5 DESIGNATION OF STORAGE HEIGHTS.

A. Designation of storage heights. Where required by the Central County Fire Department, a visual method of indicating the maximum allowable storage height shall be provided.

B. The approved visual method of indicating maximum allowable storage shall be a four (4") inch wide line in contrasting color along a wall or storage rack.

Fire Code Section 503.3 is amended by adding Section 503.3.1 to read as follows:

Section 503.3.1 FIRE LANE DESIGNATION.

Designation of fire lanes shall be by one of the following means:

1. By outlining and hash marking the area in contrasting colors clearly marking it with the words "Fire Lane — No Parking."

2. By identifying the space with a red curb upon which the words "Fire Lane — No Parking" are stenciled every 15 feet.

3. Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) to twenty-eight (28) feet in width.

4. At least one side of a fire lane shall be red curbed and stenciled when the fire lane is over twenty-eight (28) and up to thirty-six (36) feet in width.

5. Curbs need not be painted red nor stenciled when the fire lane is more than thirty-six (36) feet in width.

6. In areas where a red curb is not practical, and when approved by the fire official, white signs measuring 12 inches by 18 inches with red lettering not less than 1" in height stating, "Fire Lane No Parking", and be posted adjacent to the fire lanes.

Fire Code Section 505.1 is amended by adding Sections 505.1.1, 505.1.2, 505.1.3, 505.1.4 and 505.1.5 to read as follows:

Section 505.1.1. ADDRESS NUMBERS.

Size of numbers shall be as follows:

A. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum of one-half inch (1/2") stroke by six inches (6") high is required.

B. When the structure is more than fifty (50) feet from the street or fire apparatus access, a minimum of one inch (1") stroke by nine inches (9") high is required.

C. Where numerals are located on glazing, they shall be white in color.

Section 505.1.2 MULTI-TENANT BUILDINGS.

Numbers or letters shall be designated on all tenant spaces within a building. Size shall be a minimum of one-half inch (1/2") stroke by four inches (4") high and on a contrasting background. Directional address numbers or letters shall be provided. Directional signage and room use label signage shall be designed and posted in accordance with Chapter 11 of the Building Code and shall be either internally or externally illuminated in all new construction.

Section 505.1.3 REAR ADDRESSING.

When required by the Fire Chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with 505.1.1.

Section 505.1.4 UTILITY IDENTIFICATION.

In multi-unit commercial and residential buildings, gas and electric meters, service switches and shut off valves shall be clearly and legibly marked to identify the unit or space that they serve.

Section 505.1.5 ADU ADDRESSING.

Address for residential Accessory Dwelling Units shall be designated as unit "B" and utilize the same numerical address as the primary dwelling.

Fire Code Section 506.1 is amended to read as follows:

Section 506.1 WHERE REQUIRED.

Where access to or within a structure or an area is restricted because of secure openings or where immediate access is necessary for lifesaving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain contents as required by the Fire Department. A key box shall be installed in accordance with Fire Department standards for all new buildings. For buildings with an existing key box, it shall be upgraded to current Fire Department standards at time of Building Permit issuance including modifications or alterations to front entrance of building.

An emergency gate key switch shall be installed on all new electronic driveway or entryway gates. The key switch shall conform to current Fire Department standards. Required keys include but are not limited to a master entry key, elevator control, fire alarm control panels, fire sprinkler control valve access, and building utilities. Contents inside key box shall follow approved fire department standards. If the business/operation is required to have a Hazardous Material Inventory Statement (HMIS), the HMIS shall be included in the key box. Electronic key cards or keyless remotes may be provided as long as the locking system has a failsafe feature at loss of building power and doors are operational without a key or special knowledge.

Fire Code Section 507.2 is amended by adding Section 507.2.1.1 to read as follows:

Section 507.2.1.1 PRIVATE HYDRANTS.

Whenever any on-site fire protection equipment or access ways have been installed as provided in this section, the following provision shall apply:

With respect to hydrants located along private access ways where curbs exist, said curbs shall be painted red or otherwise appropriately marked by the owner, lessee or other person in charge of the premises, to prohibit parking for a distance of 10 feet in either direction from such hydrant. In such cases where curbs do not exist, there shall be appropriate markings painted on the pavement, or signs erected, or both giving notice that parking is prohibited for a distance of 10 feet from any such hydrant. Hydrant caps shall be color-coded in accordance with NFPA 291 (National Fire Protection Association). The base of the hydrant shall be painted either reflective red or yellow.

Fire Code Section 508.1.1 is amended by adding Sections 508.1.1.1 and 508.2 to read as follows:

Section 508.1.1.1 LOCATION AND ACCESS.

The fire command center shall be equipped with an exterior door and be located at the exterior of the building at a location approved by the Fire Chief or designee.

Section 508.2 FIRE CONTROL ROOM.

An approved fire control room shall be provided for all new buildings or buildings undergoing substantial improvements requiring protection by an automatic fire sprinkler system. The room shall only contain all main system control valves, fire alarm control panels ERRCS equipment, and other fire equipment required by the Fire Chief. Fire control rooms shall be located within the building at a location approved by the Fire Chief and shall be provided at grade with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire Control Rooms shall not be less than 35 square feet.

Exceptions:

1. Group R, Division 3 Occupancies.

2. Occupancies with a fire pump shall have a fire control room that is a minimum of 200 square feet.

3. In high-rise buildings, the fire control room shall not be less than 200 square feet.

Fire Code Section 903 is amended by adding Sections 903.1.2 and 903.1.3 to read as follows:

Section 903.1.2 ADDITIONS AND ALTERATIONS.

The standard for calculating the size of addition and/or alteration for determining the threshold for fire sprinkler systems shall be:

1. The square footage of every room being added or altered shall be included in the calculation of total square footage or addition or alteration.

2. The entire square footage shall be considered added or altered when at least fifty percent (50%) or greater of interior wall sheeting or ceiling of any one wall within a room or area is new, removed, or replaced.

Section 903.1.3 Provisions for all sprinklered buildings:

1. When a commercial or multi-family building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building owner shall complete the fire extinguishing system retrofit throughout the unprotected building interior areas within six (6) years of completing the initial partial retrofit or within every tenant space where a building permit is obtained, whichever is less.

2. When a residential building is partially retrofitted with an approved automatic sprinkler fire extinguishing system pursuant to this section, the building fire extinguishing system retrofit shall be completed throughout the unprotected building interior areas within two (2) years from completing the initial partial retrofit.

3. When a property owner or responsible party of a commercial or residential building chooses option 1 or 2 from above, the property owner shall file a deed restriction with San Mateo County Assessor's Office and obtain a performance bond with Central County Fire Department to ensure completion of the fire sprinkler installation.

Fire Code Section 903.2 is amended to read as follows:

Section 903.2. WHERE REQUIRED.

Approved automatic fire sprinkler systems shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through 903.2.23.

Exceptions:

1. Detached Group U occupancies less than 1200 square feet.

2. When approved by the fire chief, canopy structures used solely for vehicular parking which have a photovoltaic system attached are not required to be equipped with a fire sprinkler system as long as the structure meets distance requirements to other structures and property lines.

Fire Code Section 903.2.10 is amended by adding Sections 903.2.10.3 and 903.2.10.4 to read as follows:

Section 903.2.10.3 LITHIUM-ION BATTERIES IN VEHICLES.

Areas which contain electric vehicle charging stations shall have a fire sprinkler density design of a minimum Extra Hazard, Group 2 for the coverage of charging stations and for 15' in any direction of charging stations.

Fire Code Section 903.2 is amended by adding Sections 903.2.22 and 903.2.23 to read as follows:

Section 903.2.22 EXISTING BUILDINGS AND STRUCTURES.

All existing buildings and structures shall be retroactively protected by an approved automatic extinguishing system when the following conditions exist:

1. Commercial and multi-family residential buildings with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will equal or exceed 1,200 square feet of the existing building square footage.

2. Residential one- and two-family dwellings and structures with a total building floor area in excess of 2,000 square feet or more than two stories in height, and when additions or alterations for which a building permit is required will exceed 900 square feet in area.

Exceptions:

1. Group U occupancies less than 1200 square feet and separated from primary structure by a minimum of ten (10) feet.

2. Building roof repair/replacement; fire damage repair; building heating and/or cooling unit repair/replacement; and any other federal, state and local construction code upgrade requirements including but not limited to the seismic retrofit requirements, asbestos, and other hazardous material abatement.

3. Additions or alterations of commercial multi-family residential, and one and two-family residential buildings that do not exceed 20% of the total square footage of the entire completed building.

Section 903.2.23 AGGREGATE.

Where more than one (1) addition and/or alteration for which building permits are required are submitted within a two (2) year period from the closure date of the initial permit, the sum of the square footage of these additions or alterations shall be aggregated for the purpose of determining calculations in Section 903.1.2.

Fire Code Section 903.3.1 is amended by adding Sections 903.3.1.5 and 903.3.1.6 to read as follows:

Section 903.3.1.5 INSPECTORS TEST VALVES.

Single-family residential fire sprinkler systems within buildings greater than 3600 square feet shall be equipped with an inspectors test valve for each system and located the furthest point away from the sprinkler riser.

Section 903.3.1.6 ADDITIONAL RESIDENTIAL SPRINKLER LOCATIONS.

The installation of a residential fire sprinkler system shall conform to the following:

1. Sprinklers shall be required throughout carports and garages.

Exception: Detached carports and garages less than 2,000 square feet in area and separated from residential buildings by a minimum of 10 feet.

2. Sprinkler coverage shall be provided in the following additional locations:

Attic access openings.

Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

Fire Code Section 903.4.2 is amended to read as follows:

For new fire sprinkler monitoring systems, the approved supervisory station shall be defined as a UL approved central receiving station.

EXCEPTION: One and two-family dwellings.

Fire Code Section 905.4(1) is amended to read as follows:

In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane. Hose connections shall be located at an intermediate floor level landing between floors. See section 909.20 of the California Building Code for additional provisions in smoke-proof enclosures.

Fire Code Section 907.7 is amended to read as follows:

907.7 Acceptance Test and Certification.

Upon completion of the installation, the fire alarm system and all fire alarm components shall be tested in accordance with NFPA 72. New fire alarm systems installed in commercial and multi-family buildings shall be UL-Certified. Certificate shall be posted next to fire alarm control panel at time of final inspection.

Fire Code Section 3307.5.3 is added to read as follows:

Section 3307.5.3 Operational Standpipes.

Where a standpipe is required in accordance with Section 3307.5, that standpipe is required to remain wet and operational.

Fire Code Section 5003.5 is amended by adding Section 5003.5.2 to read as follows:

Section 5003.5.2. REQUIREMENTS.

Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel.

1. The signs shall be at least fifteen inches by fifteen inches (15" x 15"). The signs shall not be placed on windows.

2. When NFPA 704 diamonds are required for the interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The signs for the interior doors shall be at least six inches by six inches (6" x 6").

3. The Fire Code Official may require fewer or more NFPA diamonds if the building configuration or size make it reasonably necessary.

Fire Code Section 5601.2 is amended to read as follows:

Section 5601.2 PERMIT REQUIRED.

Permits shall be required as set forth in Section 105.6 and regulated in accordance with this section.

1. The storage of blasting agents is prohibited within the City of Millbrae.

Exception: Storage of blasting agents are permitted within Industrial Zones.

2. The following exceptions to the prohibitions contained herein shall be allowed:

A. Temporary storage of explosives and blasting agents for use in connection with approved blasting operations.

B. Wholesale and retail stocks of small arms ammunition, explosive bolts, explosive-actuated power tools in quantities involving less than 500 pounds of explosives material, subject to the appropriate permit requirements of this code.

Fire Code Section 5707.6 is amended by adding Section 5707.6.5.1 to read as follows:

Section 5707.6.5.1 ADEQUATE LIGHTING.

Adequate site lighting shall be provided for all mobile fueling operations which are performed in dim or dark outdoor conditions. Acceptable means of lighting are flood or box lights, fully shielded and directed below the horizontal plane, which are self-standing or mountable.

DEPOSITS OF HAZARDOUS MATERIALS LIABILITY COSTS.

1. The Fire Department is authorized to clean up or abate the effects of any hazardous material deposited upon or into property or facilities in the city; and any person or persons who intentionally or negligently causes such deposit shall be liable for the payment of all costs incurred by the Fire Department as a result of such cleanup or abatement activity. The remedy provided by this section shall be in addition to any other remedies provided by law.

2. For the purposes of this section, "hazardous materials" shall be defined under the law and as any substances or materials in a quantity or form which, in the determination of the Fire Chief or his authorized representative, poses an unreasonable and imminent risk to life, health or safety of persons or property or to the ecological balance of the environment, and shall include, but not be limited to, such substances as explosives, radioactive materials, petroleum or petroleum products or gases, poisons, etiologic (biologic) agents, flammables and corrosives.

3. For purposes of this section, costs incurred by the Fire Department shall include, but shall not necessarily be limited to, the following: actual labor costs of city personnel, including workers' compensation benefits, fringe benefits, administrative overhead; cost of equipment operation, cost of materials obtained directly by the city; and cost of any contract labor and materials.

4. Costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.

Any and all work performed or activity held for which a permit is required under MMC Title 9 and no such permit is obtained may be subject to a penalty in the amount of up to ten times the cost of the permit. Such penalty may be assessed at the discretion of the Fire Chief.