Mountain House Municipal Code Ch. 1 General Regulations

That certain document in book form entitled California Fire Code, 2022 Edition including Appendix B, BB and Appendix C, and CC published by the California Building Standards Commission, 2525 Natomas Park Drive, Suite 130, Sacramento, California 95833-2936, and incorporates by adoption the 2021 International Fire Code of the International Code Council, one (1) copy of which is available at the City of Mountain House City Hall, 251 E Main Street, City of Mountain House, California 95391 for examination and review by the public, is hereby adopted and enacted by the City Council as the Fire Code of the City of Mountain House including those portions which are specifically amended or added hereinafter.

(Ord. 2024-22, § 1(Exh. A), 2024)

The City of Mountain House Bureau of Fire Prevention is created under the direction of the City Fire Warden as directed by the City Manager or his or her designee.

(Ord. 2024-22, § 1(Exh. A), 2024)

(a) The Fire Warden is the City Manager, or designated representative, and is the fire code official responsible for the administration and enforcement of the California Fire Code.

(b) The City Fire Warden and members of the Fire Prevention Bureau shall have the powers of a peace officer in performing their duties under this Code. When requested by the City Fire Warden, the City of Mountain House's Chief of Police's Office is authorized to assign such available officers as necessary to assist the City Fire Warden in enforcing the provisions of this Code. The Chief of Police is the City Manager or the City Manager's designee. The City Fire Warden may appoint deputies to assist in the enforcement of said laws.

(Ord. 2024-22, § 1(Exh. A), 2024)

Section 105 of Chapter 1, Division II of the 2022 California Fire Code is hereby amended to read:

Section 105.1.2 Types of Permits. There shall be two types of permits as follows:

(1) Operational Permit. Operational Permits required by this Code shall be obtained from the City Fire Warden in such form, detail and procedures as the City Fire Warden may prescribe. Permit fees shall be paid prior to the issuance of such Operational Permits. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the City Fire Warden. Such permits shall be issued on an annual basis unless otherwise noted.

(2) Construction Permit. A Construction Permit allows the applicant to install or modify systems and equipment for which a permit is required by Section 105.6.

Section 105.3.1 Expiration.

Every Construction Permit issued by the City Fire Warden under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Work shall be considered abandoned if an inspection has not been recorded and approved within 180 days.

Before such work can be recommenced, a new Construction Permit shall be first obtained to do so, and the fee, therefore, shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one (1) year.

Any permittee holding an unexpired permit may apply for an extension of the time within which he or she may commence work under that permit when he or she is unable to commence work within the time required by this Section for good and satisfactory reasons. The City Fire Warden may extend the time for action by the permittee for a period not exceeding 180 days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented actions from being taken. A Notice of Code Violation may be recorded when a Fire Permit or a Construction Permit is expired.

Section 105.5.31 Miscellaneous Combustible Storage.

An Operational Permit is required to store in any building or on any premises in excess of 2,500 cubic feet (71 m 3 ) gross volume of combustible empty packing cases, wood or plastic palletized packing boxes, wood or plastic bin boxes, boxes, barrels or similar containers, combustible pallets, rubber tires, rubber, cork or similar combustible material.

Section 105.6 Required Construction Permits.

Construction Permits required by this Code shall be obtained from the City Fire Warden in such form, detail, and procedures as the City Fire Warden may prescribe. Fire plan check and Inspection Permit fees shall be paid prior to the issuance of a Building Permit. The fire plan check and inspection fees for Construction Permits associated with Building Permits and this Code shall be set by a City Council resolution. The City Fire Warden shall certify plans of all occupancies requiring a permit from this Code.

(Ord. 2024-22, § 1(Exh. A), 2024)

Section 111 of Chapter One (1), Division II of the 2022 California Fire Code is hereby deleted and replaced with the following:

Section 4-1004.1. Building Board of Appeals.

Section 8-1-111, Building Board of Appeals, shall be used to determine the suitability of alternate materials and types of construction, and to provide a reasonable interpretation of the provisions of the 2022 California Fire Code.

(Ord. 2024-22, § 1(Exh. A), 2024)

The following definitions shall be added to Section 202 of the 2022 California Fire Code.

(a) Code. The California Fire Code, Title 24, California Code of Regulations, Part 9, incorporating the 2022 Edition of the International Fire Code of the International Code Council with necessary California amendments.

(b) Chief or Fire Code Official. The City Fire Warden or designated representative as defined in Section 4-1-102.

(Ord. 2024-22, § 1(Exh. A), 2024)

Section 503.1 of 2022 California Fire Code is hereby amended to read:

Section 503.1 Where Required:

Fire apparatus access roads shall be provided and maintained in accordance with Section 503 and the City Fire Chief's, Fire Apparatus Access Road Standard.

(Ord. 2024-22, § 1(Exh. A), 2024)

Sections 315 and 2810 of the 2022 California Fire Code is hereby amended to read:

Section 315.7.5 Pallet Types.

Pallets shall be all wood, with slatted or solid top or bottom, with metal fasteners, or shall be plastic or composite pallets, listed and labeled in accordance with UL 2335 or FM 4996, or wood or plastic palletized packing boxes, or wood or plastic bin boxes. Plastic pallets shall be both solid and gridded deck, independent of the pallet manufacturing process, type of resin used in fabrication or geometry of the pallet.

Section 315.8 Pallets and Palletized Packing Boxes and Bin Boxes.

In addition to the requirements contained in Section 315, the following requirement shall also apply:

1. Pallets, palletized packing boxes, and bin boxes shall be piled with due regard to stability of piles and in no case higher than twelve (12) feet. All outdoor pallet stacks shall be arranged to form stable piles. Individual pallet piles shall not exceed a cover area greater than 400 square feet. All pallet storage will comply with the separation distances identified in the California Fire Code, Section 315.7.6. All stacks of pallets shall not be stored within ten (10) feet of property lines.

2. Driveways between and around pallets, bin boxes, and palletized packing boxes shall be a minimum of twenty (20) feet wide and maintained free from accumulations of rubbish, weeds, machinery, or other articles that would block access or add to the fire hazard.

3. Pallets, palletized packing boxes, and bin box storage operating under a permit shall be enclosed by a suitable fence of at least six (6) feet in height, unless storage is in a building.

4. An approved water supply and fire hydrants capable of supplying the required fire flow shall be provided within 150 feet of all portions of the storage, manufacturing, and repair areas in accordance with Section 507.5, California Fire Code.

Section 2810.1 General.

The outside storage of wood pallets, wood composite pallets, wood or plastic palletized packing boxes, or wood or plastic bin boxes on the same site as a pallet manufacturing or pallet recycling facility shall comply with Sections 2810.2 through 2810.11.

Section 2810.12 Pallets and Palletized Packing Boxes and Bin Boxes.

In addition to the requirements contained in Section 2810, the following requirement shall also apply:

1. Pallets, palletized packing boxes, and bin boxes shall be piled with due regard to stability of piles and in no case higher than twelve (12) feet. All outdoor pallet stacks shall be arranged to form stable piles. Individual pallet piles shall not exceed a cover area greater than 400 square feet. All pallet storage will comply with the separation distances identified in the California Fire Code, Section 315.7.6. All stacks of pallets shall not be stored within ten (10) feet of property lines.

2. Driveways between and around pallets, bin boxes, and palletized packing boxes shall be a minimum of twenty (20) feet wide and maintained free from accumulations of rubbish, weeds, machinery, or other articles that would block access or add to the fire hazard.

3. Pallets, palletized packing boxes, and bin box storage operating under a permit shall be enclosed by a suitable fence of at least six (6) feet in height, unless storage is in a building.

4. An approved water supply and fire hydrants capable of supplying the required fire flow shall be provided within 150 feet of all portions of the storage, manufacturing, and repair areas in accordance with Section 507.5, California Fire Code.

(Ord. 2024-22, § 1(Exh. A), 2024)

Section 5601.1 of Chapter 56, of the 2022 California Fire Code, is hereby amended by adding the following:

(a) Fireworks Defined. "Fireworks" means and includes any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration, or detonation, including fireworks classified by the Health and Safety Code as "dangerous fireworks" and "safe and sane fireworks" and shall include firecrackers, torpedoes, skyrockets, roman candles, bombs, sparklers, chasers, snakes, or other fireworks containing any explosive or flammable substance. This definition does not include ammunition used for target shooting or hunting, nor does it include what is ordinarily known as cap pistol caps. "Dangerous fireworks" as used in this Chapter shall have the meaning given that term in Health and Safety Code section 12505 or its successor.

(b) Fireworks Prohibited. It is unlawful for any person to sell, offer for sale, transport, or cause to be transported, give away, possess, use or discharge any fireworks as defined in this Code in the City.

(c) Seizure and Destruction of Fireworks. The City Fire Warden or designated representatives shall seize, take, remove, or cause to be removed and arrange for destruction at the expense of the owner, all stocks of fireworks offered for sale or exposed for sale, stored, possessed or transported or otherwise in violation of this Code.

(d) Violations.

(1) It shall be unlawful for any Person to violate or to permit the violation of any provisions of this Chapter. All Owners, Occupants and other Persons at or on the property or premises where Fireworks are possessed, sold, ignited, exploded, discharged, projected, or otherwise fired or used may be sited for and convicted of violations of this Chapter, provided, however, that an Owner who is not in possession of his/her property, and who has instead permitted another Person(s) to occupy the property, shall not be convicted of a violation unless the Owner had notice that persons in possession of the property were in possession of, sold, ignited, exploded, discharged, projected, or otherwise fired or used, or the Owner otherwise negligently allowed a violation of this Chapter to occur on his/her property.

(2) A violation of this Chapter shall constitute a misdemeanor, provided, however, that in the discretion of the District Attorney, may be charged and prosecuted as an infraction. Each conviction of a misdemeanor under this Chapter shall be punishable as set forth in California Health and Safety Code Section 12700, as may amended from time to time. Every violation determined to be an infraction is (shall be) punishable by (1) a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one (1) year; (3) a fine not exceeding five hundred dollars ($500.00) for each additional violation within one (1) year.

(3) Notwithstanding the foregoing, a violation that constitutes a violation of this Chapter and/or of Part 2 of Division 11 of the Health and Safety Code (§§ 12500—12728) [entitled "Fireworks and Pyrotechnic Devices"] or the regulations implementing it and that is related to the possession of 25 pounds or less of dangerous fireworks may, at the City's option, be, consistent with Health and Safety Code section 12557, be enforced using the process outlined in Chapter 3 of Division 2 of Title 1 of this Code [entitled "Administrative Citations"] and in such cases:

(i) The amount of the administrative fine/penalty shall be $1250 for the first offense within a 1 year period, $2500 for the second offense within a 1 year period, and $4000 for the third and any additional offenses within a 1 year period, with $250, $500, and $1000, respectively, being the disposal charge payable to the State Fire Marshal.

(ii) This provision shall only apply to a person who possesses or the seizure of 25 pounds or less of dangerous fireworks.

(iii) The fines shall not be subject to Health and Safety Code section 12706.

(4) The provisions of this Chapter shall be enforced by the City Fire Warden or designated representatives including the City Chief of Police and Fire Chief. All such persons are authorized to enter upon, inspect, and examine any property or premises to determine whether a violation of this Chapter exists or has occurred. If the Owner or Occupant of the property or premises refuses to permit entrance, inspection, or examination pursuant to this Chapter, the City Fire Warden or designated representatives including the City Chief of Police and Fire Chief or their designated representatives may seek an inspection warrant pursuant to California Code of Civil Procedure section 1822.50, et seq., as may be amended from time to time

(e) Application of State Law. Nothing in this Chapter shall limit any of the penalties provided in the California Health and Safety Code or the California Penal Code with regard to the offer for sale, exposing for sale, sale at retail, or the use or discharge of any fireworks.

(f) Response Costs.

(1) A person who has violated this Chapter may be liable for response costs incurred in responding to the unpermitted use, discharge, or storage of fireworks.

(2) If a person who violated this Chapter is a minor charge, the responsible guardian(s) of the minor charge and the minor charge shall be jointly and severally liable for the response costs incurred pursuant to this Chapter.

(3) To incur liability for response costs imposed by this Chapter, a person who violates this Chapter need not be present at the event that causes the response giving rise to the imposition of response costs.

(4) Response costs imposed by this Chapter are in addition to any other costs that may be recovered under this Code.

(g) Definitions.

(1) Public Display of Fireworks defined. "Public Display of Fireworks" means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks, as defined in Section 12505 of the Health and Safety Code.

(2) Salute fireworks defined. Fireworks designed to produce an explosive sound as their primary effect.

(3) Aerial salute fireworks defined. A salute that functions as an aerial shell.

(4) Ground salute fireworks defined. A salute that functions from a stationary or secured position.

(5) Fireworks prohibited. Salute fireworks shall be prohibited in Public Display of Fireworks, including: single-break aerial salute shells, multi-break shells with salutes and shells, and ground salutes.

(Ord. 2024-22, § 1(Exh. A), 2024; Ord. 2025-02, § 20, 2025)

Section 107 of Chapter 1, Division II of the 2022 California Fire Code is hereby deleted and replaced with the following:

(a) Permit Fees. The fee for each permit shall be as set forth from time to time by resolution of the City of Mountain House City Council. The City may establish fees sufficient to recover its costs in administering this Code. No permit shall be issued until such fees have been paid.

(b) Public Agencies. Fees shall be required, pursuant to this Section, of a municipal corporation, State of California, political subdivisions of the State of California, or the United States of America.

(c) Fee Refund. The City Fire Warden may authorize refunding of any fee paid hereunder, which was erroneously paid or collected. The City Fire Warden may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this Code. Except that no refunds will be processed for permits 360 days from date of issue with no work done or for permits of $100.00 or less.

(d) Fees for Applications to Correct Violations. Applications made to correct violations of the requirements of this Code shall pay a fee equal to two (2) times the application fee normally charged for the application, up to a maximum of five hundred dollars ($500.00) over the application fee normally charged.

(e) Disposition of Fees. All fees collected under the provisions of this Code shall be paid into the City Treasury, to credit of the General Fund.

(Ord. 2024-22, § 1(Exh. A), 2024)