Chapter 1 — Administration is hereby amended by adding to

the California Building Standards Code to read as follows:

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Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Oceanside, herein after referred to as "this code."

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Section 104.2.4. Modifications. Where practical difficulties are involved in carrying out the provisions of this Code, the Fire Code Official shall have the authority to grant modifications for individual cases, provided that the Fire Code Official first finds that a special individual reason makes strict compliance with the Code impractical, that the modification is consistent with the intent and purpose of the Code, and that such modification does not reduce health, life, or fire safety requirements. In-lieu fees may be charged to recoup costs associated with properly equipping the Fire Department with additional apparatus or equipment required as a result of the modification. The details of any action granting a modification shall be documented and entered into the files of the Community Risk Reduction Division.

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Section 104.12. Cost Recovery.

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Section 104.12.1. Purpose. The purpose of this section is to establish authority to obtain reimbursement from responsible individuals for the expenses of any emergency response and/or code enforcement action by the City of Oceanside Fire Department to protect the public from criminal or negligent activities, and from fire or hazardous substances.

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Section 104.12.2. Reimbursement.

In accordance with the Health and Safety Code Section 13000 et seq., an individual who acts negligently or in violation of the law and thereby requires the jurisdiction to provide an emergency response to a danger

posed by a fire or hazardous substance shall be liable for reimbursement to the agency for the costs incurred.

In accordance with Government Code sections 53150 through 53158, any individual who is under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage or any drug, and whose negligent operation of a motor vehicle, boat or vessel, or civil aircraft caused by that influence, proximately causes any incident and thereby requires the agency to provide an emergency response shall reimburse the agency for the cost incurred.

In accordance with Health and Safety Code Section Sections 13146 (b) and 13146(f), the City of Oceanside Fire Chief, and his or her authorized representatives, shall enforce within its jurisdiction the building standards and other regulations of the State Fire Marshal and charge a fee not to exceed the estimated reasonable cost of providing the service for which the fee is charged, pursuant to Section 66014 of the Government Code.

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Section 105.5. Required Operational Permits. The fire code official is authorized to issue operational permits for the operations set forth in Sections 105.5.1 through 105.5.62

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Section 105.5.60. Christmas Tree Lots. An operational permit is required to operate a Christmas tree lot with or without flame-proofing services.

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Section 105.5.61. Green Waste Recycling, Mulching, Composting Operations, and Storage. An operational permit is required to conduct commercial mulching and composting operations.

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Section 105.5.62. Short-Term Rentals. An operational permit is required to operate a short-term rental that also meets the requirements for a City of Oceanside permit.

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Section 106.1. Submittals. Construction documents and supporting data shall be submitted digitally or in three or more sets with each application for a permit and in such form and detail as required by the Fire Code Official. The construction documents shall be prepared by a registered design professional or, when required by the State of California, an appropriately classified contractor, when required by the Fire Code Official, without charge to the jurisdiction. The Fire Code Official shall reserve the right to deny submittals from entities not meeting such form and detail as required by the Fire Code Official.

Exception: The Fire Code Official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

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Section 108.2. Schedule of Construction, Operational Permit, and Inspection Fees. A reasonable fee for each construction and operational permit and/or associated inspection shall be paid as required, in accordance with the schedule as established by resolution of the Oceanside City Council. For items where there is no specific fee established, the Fire Code Official shall determine the appropriate fee based upon consideration of the items listed in the fee schedule that most resemble the work proposed and the expected staff time involved to perform the required construction plan processing and review and/or inspections.

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Section 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 of certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

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Section 114.4. Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation of unsafe condition, shall be liable to a fine of not less than $100 or more than $1000.

Chapter 2, Section 202. Definitions. General Definitions is hereby amended by adding to (A) and/or revising (R) the Fire Code portion of the California Building Standards Code to read as follows:

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Fire Authority Having Jurisdiction (FAHJ) Or Authority Having Jurisdiction (AHJ). The Oceanside Fire Department who is the designated entity providing enforcement of the California Fire Code and other standards or regulations. This entity may also provide fire suppression and other emergency services.

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Fire Hazard. Anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the Fire Department or egress of occupants in the event of fire.

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Hazardous Situation. Any situation deemed by the Fire Department, and any of its authorized representatives, to pose a threat to life safety, property, or the environment.

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Section 450. Mid-Rise Building. A building four stories or more in height, but not exceeding 75 feet in height, and not defined as a high-rise building by section 202 of the California Building Code.

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Short-Term Rental. A residential building used for transient occupancy as defined in the Oceanside City Code Chapter 24.