Nevada City Municipal Code Ch. 15.08 Fire Safety Standards and California Fire Code Amendments

Footnotes:

--- (2) ---

Editor's note— Ord. No. 2023-05, § 3 (Exh. A), adopted May 24, 2023, repealed ch. 15.08, §§ 15.08.010—15.08.100, in its entirety; and enacted a new ch. 15.08 to read as set out herein. Former ch. 15.08 pertained to similar material and was derived from Ord. No. 2017, § III, adopted January 25, 2017; and Ord. No. 2020-02, § 2(Exh. A), adopted February 12, 2020.

This Chapter prescribing regulations governing fire prevention is enacted to provide increased protection from fire to residents and property within the city of Nevada City in conformity with the 2022 edition of the California Building Standards and consistent with and complementary to standards adopted by the County of Nevada. It is also intended to encourage a greater degree of uniformity between the local fire department and other fire protection districts and departments in the imposition of fire safety regulations on new construction and existing buildings, while respecting the autonomy of the local fire protection districts and departments. Nothing in this Code is intended to amend the provisions regarding sprinkler systems set forth in section 8.30 of the Nevada City Municipal Code.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

For the purpose of this Chapter, the following terms and words used herein or in any of the codes or ordinances adopted by reference therein, unless the context directs otherwise, shall have the meaning ascribed to them by this Section:

"Board of appeals" and any other references to an appellate body in any of the uniform codes or County amendments adopted by reference by this Chapter mean such entities as may be designated by the city council of Nevada City by resolution.

"Chief", "fire chief", "city fire chief' and "chief of the fire department" mean the fire chief of the Nevada City Fire Department or his authorized designee.

"City", "agency" or "jurisdiction" means the City of Nevada City.

"Fire break" means a continuous strip of land upon which all rubbish, weeds, grass, or other growth that could be expected to burn when dry, has been abated or otherwise removed in order to prevent the surface extension of fire from one area to another.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

Subject to the modifications and amendments contained in this Chapter, the 2022 California Fire Code and County amendments thereto were adopted by Sections 15.04.015 and 15.04.020 and incorporated into the Municipal Code of the City of Nevada City.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

To clarify responsibility for enforcement and review as provided for in Nevada County Land Use and Development Coded Sec. L-V 5-4 within the City's jurisdiction:

A. Except as otherwise required by controlling state law, enforcement of fire safety laws, standards and regulations and review of projects for compliance therewith shall be enforced within the incorporated areas of the City by the city fire chief or the authorized representative thereof.

B. Whenever any application is made to the City for issuance of any discretionary land use permit or other land use entitlement, the City fire chief or authorized deputy, with enforcement responsibility pursuant to this Chapter, shall have the final authority and responsibility for review of such application for compliance with the requirements of this chapter. This review shall include the preparation of comments and appropriate mitigation measures and/or conditions of approval to assure compliance with all applicable fire safety laws, standards and regulations. To facilitate such review, copies of all such applications shall be promptly provided to the City fire chief or authorized deputy.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

The amendment to the California Fire Code in sec. L-V 5.6 of Nevada County Land Use & Development Code is further amended within the City's jurisdiction to provide that the fire code official shall be appointed by the chief appointing authority of the jurisdiction and within the city's jurisdiction references to the County Fire Marshal shall refer to that appointed official.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

In addition to the penalties provided for in the California Fire Code and in subsections A and B of Sec. L-V 5.7 of the County amendments thereto are added the following:

C. Violations of any provisions of this chapter and the 2022 California Fire Code and County and City amendments thereto shall constitute a public nuisance and said conditions may be abated in accordance with existing laws and ordinances.

D. The remedies provided herein are not exclusive, and are in addition to any other remedy or penalty provided by law.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

Provisions regarding appeals from determinations interpreting provisions of the California Fire Code made by the City fire chief shall be amended to read as follows rather than as amended by Sec. L-V 5.8 of the Nevada County Land Use and Development Code to supplement the basic requirements found in Section 108 the California Fire Code:

A. Appeals from decisions to approve or not to approve permits pursuant to this Chapter or determinations interpreting provisions of the California Fire Code, as amended and adopted, made by the City fire chief regarding permits within the city, may be taken to the city council or the city council may, on a case-by- case basis or for designated periods of time, create its own Nevada City Fire Code Board of Appeals to hear the appeal with members nominated by the city fire chief in accordance with the member composition provisions set forth in Section A 101.2, et seq., of Appendix A of the California Fire Code, and as confirmed by the city council.

B. In the event a Nevada City Fire Code Board of Appeals is created to hear and decide an appeal, the City fire chief, or his designee, shall be an ex-officio member and serve as secretary to the Board, but shall have no vote on any matter before the Board and the decision and findings shall be rendered to the City fire chief with a duplicate copy to the appellant.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

In addition to restrictions on burning in the California Fire Code and county amendments as adopted by the city, open burning is further restricted by Chapter 8.08 of the Nevada City Municipal Code.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

In addition to the requirements of Sec. 605.3.3 of the California Fire Code and county amendments as adopted by the City, any new structure or remodel that has electrical power supplied by a secondary or auxiliary power unit with automatic startup and/or automatic power transfer capabilities shall have an auxiliary power disconnect accessible to fire department personnel. The auxiliary power disconnect switch shall be located within three (3) feet of the main power disconnect switch and identified with a permanently mounted, weather proof label marked "AUXILIARY POWER DISCONNECT".

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)

The regulations set forth in this Chapter are not intended to be exclusive and compliance therewith shall not excuse noncompliance with any other regulations pertaining to this Chapter, set forth by the State of California or elsewhere in the City's code.

(Ord. No. 2023-05, § 3 (Exh. A), 5-24-2023)