Mountain View Municipal Code Div. 2 Applicabilty and Procedures

A new subsection 101.6 is added to Section 101 (Scope and General Requirements) of the 2025 California Fire Code to read as follows:

101.6 Fire protection. This code identifies levels of "built-in" fire protection equipment which shall be required in order to provide an adequate level of fire protection to the community at a reasonable cost. Anyone constructing, using properties or processes, or engaging in activities which constitute a higher demand on fire department staffing than are currently budgeted or planned for may be required to install automatic fire extinguishing systems, fire protection equipment, or other such safeguards that will make it possible to provide an adequate fire protection service with the city's fire department capacity.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Subsection 102.10 of the 2025 California Fire Code is amended to read as follows:

102.10 Conflicting provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between requirements in this code and requirements in other local, state, or federal laws, regulations or ordinances, the more restrictive shall apply.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Subsection 103.1 of the 2025 California Fire Code is amended to read as follows:

103.1 Creation of the bureau of fire prevention. The bureau of fire prevention in the city of mountain view is hereby created and the official in charge thereof shall be known as the fire code official. The bureau of fire prevention bureau is comprised of personnel from the city fire department and the city community development department with expertise in fire prevention, hazardous materials, building life safety, and emergency response. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Add a new subsection 104.12 to Section 104 (Duties and Powers of the Fire Code Official) of the 2025 California Fire Code to read as follows:

104.12 Arrests, citations, and other enforcement remedies.

1. Arrests. The fire chief, fire marshal, deputy fire marshals and other designated fire department personnel of the city may make arrests for violations of this Code under the authority set forth by California Penal Code Sections 830.37. 836.5 and 853.6. The fire chief, fire marshal and deputy fire marshals and other designated fire department personnel who have the discretionary duty to enforce a statute or ordinance may, as provided by law, arrest a person without a warrant whenever any such officer has reasonable cause to believe the person to be arrested has committed a misdemeanor in the officer's presence which the officer has the discretionary duty to enforce and may issue a notice to appear and release such persons on their written promise to appear in court.

2. Hazardous materials enforcement. Those employees of the city, including, but not limited to, the fire marshal and hazardous materials specialists who have the duty of enforcing this Code, and city and state laws pertaining to hazardous and toxic materials are hereby authorized, in accordance with and pursuant to California Penal Code Sections 830.37, 836.5 and 853.6, to arrest persons for violations of such ordinances or statutes and to issue Notice to Appear citations as provided by law.

3. Building enforcement. The chief building official, deputy building official, or other designated building personnel who have the duty to enforce a statue or ordinance as provided by law, and as governed by the City Code, may issue notices or citations related to violations of this code and require corrective action pursuant to such statute, law, or this City Code.

4. Other remedies. The remedies provided for in this Chapter are not exclusive. Pursuant to Chapter 1, Sec. 1.7. 1.18. 1.28 and 1.29 of the City Code, the city, in its prosecutorial discretion, may enforce violation(s) of the provisions of this Chapter as a criminal, civil and/or administrative action.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Subsection 105.5.59 of the 2025 California Fire Code is amended to read as follows:

105.5.59 Additional permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the Bureau of Fire Prevention prior to engaging in the following activities, operations, practices or functions:

a. Production facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap parties.

b. Pyrotechnics and special effects. To use pyrotechnic special effects, open flame, use of flammable or combustible liquids and gases, welding and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial production.

c. Live audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 48.

d. Amusements. Temporary haunted house, ghost walks and similar amusements.

e. High-rise buildings. High-rise buildings as defined in Health and Safety Code Section 13210 and California Building Code.

f. Licensed facilities. To operate a state-licensed facility, including, but not limited to, community care, residential care for the elderly and daycare.

g. Group E occupancies. Private educational Group E occupancies.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Subsection 105.6.4 of the 2025 California Fire Code is amended to read as follows:

105.6.4 Cryogenic fluids. A construction permit is required for installation of or alteration to outdoor stationary cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.5.11. Maintenance performed in accordance with this code is not considered to be an alteration and does not require a construction permit. Additionally, an operational permit is required to store, handle, or use cryogenic fluids in aboveground tanks.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Subsection 105.6.9 of the 2025 California Fire Code is amended to read as follows:

105.6.9 Flammable and combustible liquids.

a. A construction permit is required:

1. To install, repair, or modify a pipeline for the transportation of flammable or combustible liquids.

2. To install, construct or alter tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed, or used.

3. To install, alter, remove, abandon, or otherwise dispose of a flammable or combustible liquid tank.

b. An operational permit is required:

1. To store, handle or use flammable or combustible liquids in any quantity in aboveground or belowground storage tanks.

2. To engage in on-demand mobile fueling operations in accordance with Section 5707.

3. To utilize a site for on-demand mobile fueling operations in accordance with Section 5707.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Subsection 105.6.13 of the 2025 California Fire Code is amended to read as follows:

105.6.13 Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 where the hazardous materials in use or storage exceed the amounts listed in Table 105.5.22.

An operational permit is required to store, transport on-site, dispense, use, or handle hazardous materials in excess of minimum quantities as specified in City Code Chapter 24.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Section 108.2 of the 2025 California Fire Code is amended to read as follows:

108.2 Schedule of permit fees. Where a permit is required, a fee for each permit, inspection, special inspection shall be paid as required, in accordance with the schedule as established and adopted by resolution by the city council in the city's master fee schedule and administrative penalty fees as published by the city attorney's office, both of which may be amended from time to time.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Subsection 112.1 of the 2025 California Fire Code is amended to read as follows:

112.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of this code or refusal to grant a license or permit applied for, the applicant can appeal the decision pursuant to Sec. 14.02.10 of this Chapter. Where there is any reference to "board of appeals" in the California Fire Code, proceedings shall be conducted pursuant to Sec. 14.02.10 of this Chapter.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)

Subsection 113.4 of the 2025 California Fire Code is amended to read as follows:

113.4 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, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, shall severally for each and every such violation and noncompliance respectively be guilty of a misdemeanor, punishable as set forth in the City Charter. The imposition of one (1) penalty for any violation shall not excuse the violation or permit to continue: and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

Nothing contained in this Section shall be construed to prevent the city from taking whatever appropriate civil action it deems necessary to enforce any of the provisions of this code or Chapter.

(Ord. No. 9.2025, § 8(Exh. C), 9/9/25.)