Ontario Municipal Code § 4-4 .24. Adopted by Reference: Fire authority at fires and other emergencies

Section 104.11 of the CFC is adopted by reference and reads as follows:

104.11 Fire authority at fires and other emergencies. The Fire Chief or officer of the fire department in charge at the scene of a fire or other emergency involving the protection of life or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene, and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing that could impede or interfere with the operations of the fire department and, in the judgment of the fire chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.

(§ 2, Ord. 3320, eff. February 19, 2026)

Sec. 4- 4.25. Amendment: Obstructing operations.

Section 104.11.2 of the CFC is amended to read as follows:

104.11.2 Obstructing operations. The Fire Chief or officer of the fire department in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the fire department to manage and control the situation and to handle fire apparatus.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 104.12 of the CFC is amended to read as follows:

104.12 Cost recovery. To the extent consistent with state law, the City may obtain reimbursement as follows:

(a) Expense for responding to and securing an emergency.

(1) Fire suppression, investigation and rescue or emergency medical costs shall be recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1.

(i) The date, time and place of the hearing to be held on the claim for reimbursement with a statement describing the rights of the person or entity charged and the procedures for presenting evidence at said hearing; and

(ii) The Fire Chief's account of the sum claimed to be due.

(2) Any person or entity who negligently or intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of responding, securing and investigating such emergency, including those costs set out in Health and Safety Code Section 13009 et seq. and Government Code Section 53150 et seq. Any expense incurred by the Fire Department for responding to, securing, or investigating such an emergency situation shall constitute a debt of the person or entity responsible and shall be subject to collection by the City in the same manner as an obligation under contract, expressed or implied.

(3) The expense of responding to, securing and investigating any emergency or hazard which is the result of a violation of this Code or any other code, ordinance or state law, or any damages caused by malicious mischief requiring any corrective or preventive actions by the Fire Department shall be a charge against the person(s) or entity whose violation caused the emergency and/or damage. Damages caused by such emergency or action may constitute a debt of such person(s) or entity responsible and shall be collectible as provided below:

(i) Liability for hazardous activities and conditions. The Fire Chief may also impose the reasonable cost of fire prevention, fire suppression, incident investigation and protection of the public from other safety hazards when a fire or hazardous condition results from any of the following activities or conditions:

(A) The manufacture, transportation, storage, handling, of spilling, of hazardous chemicals, flammable or combustible liquids, explosives, or blasting agents as defined in this Code.

(B) The failure to correct a hazardous condition for which a "Notice of Violation," or equivalent notice, has been previously given by the Fire Chief.

(C) The use of welding equipment, cutting torches, tar pot, or other open flame devices.

(D) Permitting or causing the accumulation of hazardous or flammable materials on property.

(E) Setting of a fire or allowing a fire to be set in violation of any code, ordinance, law or regulation.

(F) The possession of, or causing illegal fireworks, explosive devices or destructive devices to ignite, explode or detonate.

(G) Creating, allowing, or maintaining a hazard as stated in CFC Section 113.2.

(ii) Determination of costs. Whenever the Fire Chief determines that the fire department or other public agency has incurred costs for fire suppression, fire prevention, or protection of the public from a fire or other hazardous condition that results from the activities or conditions described in subsection (a), the Fire Chief shall:

(A) Calculate the costs incurred;

(B) Identify the person(s) or entity to be charged for those costs; and

(C) Send a report with this information to the City Clerk.

(iii) Method of calculation. In determining costs to be charged a responsible person or entity, the Fire Chief shall include all necessary expenditures to correct the hazardous condition or extinguish the fire, including, but not limited to the following:

(A) The cost of personnel;

(B) The cost of extinguishing agents;

(C) The reasonable value of the use of City equipment;

(D) The cost incurred for the use of any private contractors to mitigate or remove the hazard or condition; and

(E) Any and all administrative costs incurred pursuant to the fee schedule as set by resolution duly adopted by the City Council.

(iv) Reimbursement hearing. The City shall, there upon, set the report and account received by the Fire Chief for hearing before the City Council at a regular or adjourned regular meeting to be held at least 14 calendar days after the date the City mails the notice to the responsible person(s) or entity. The City shall send by regular mail a notice of said hearing to the person or entity to be charged at the person's or entity's address as shown on the latest equalized tax assessor's roll, or as otherwise known to the City.

(v) Notice to person charged. The notice sent by the City to the responsible person(s) or entity shall contain:

(A) The name of the person(s) or entity sought to be charged;

(B) The location, date and time of the incident upon which the claim for reimbursement is based;

(C) The amount of, and the basis upon which the claim for reimbursement is made.

(vi) Procedure for hearing before the City Council. At the hearing on the Fire Chief's accounting of the costs and other evidence upon which reimbursement is sought, the City Council shall hear and consider evidence by the person or entity against which reimbursement is sought. The City Council shall thereafter confirm or disallow the account, all or in part, and set forth in a resolution the amount of the account confirmed, if any. Thereafter, any amount confirmed by resolution of the City Council shall become a debt owing to the City of Ontario and shall be collectible by the City in the same manner as in the case of an obligation under contract expressed or implied.

(b) Service fees.

(1) Permit fees. Any person, establishment, business, occupancy, or process requiring any permit or utilizing any special service or activity performed by or under the direction of the Fire Department shall compensate the City for the cost of such service or activity, in accordance with the adopted fee and charge schedule and any departmental policy.

(2) Service fee refunds. The Fire Chief is authorized to refund any fee paid hereunder which is determined to be erroneously paid or collected.

(i) The Fire Chief is authorized to refund 80% of the service fee paid when the permittee has performed no work nor commenced an operation for which a permit was issued in accordance with this chapter.

(ii) The Fire Chief is authorized to refund 80% of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is completed.

(iii) The Fire Chief shall not authorize the refund of any fee paid except upon written application filed by the original permittee not later than 180 days after the date the fee was paid. Such written application shall state the reasons for the refund request and be accompanied with a receipt of payment.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.2.3 of the CFC is adopted by reference and reads as follows:

105.2.3 Time limitation of application. An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the fire code official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.3.2 of the CFC is adopted by reference and reads as follows:

105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit where work is unable to be commenced within the time required by this section for good and satisfactory reasons. The fire code official is authorized to grant, in writing, one or more extensions of the time period of a permit for periods of not more than 180 days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.5.22 of the CFC is adopted by reference and reads as follows:

105.5.22 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.5.22.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.5.36 of the CFC is adopted by reference and reads as follows:

105.5.36 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be complied with.

Exception: Recreational fires.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.5.60 is added to the CFC to read as follows:

105.5.60 Pallets. An operational permit is required for idle storage, handling, repair or manufacturing of combustible pallets in excess of 1,000 units at any one site.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.6.2 of the CFC is adopted by reference and reads as follows:

105.6.2 Automatic sprinkler systems. A construction permit is required for installation of or modification to an automatic sprinkler system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.6.19 of the CFC is amended and reads as follows:

105.6.19 Private fire hydrants. A construction permit is required for the installation or modification of private fire hydrants. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.6.20 of the CFC is adopted by reference and reads as follows:

105.6.20 Smoke control or smoke exhaust systems. Construction permits are required for installation of or alteration to smoke control or smoke exhaust systems. Maintenance performed in accordance with this code is not considered to be an alteration and does not require a permit.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.6.22 of the CFC is adopted by reference and reads as follows:

105.6.22 Special event structure. A single construction permit is required to erect and take down a temporary special event structure in accordance with Section 105.5.51.

(§ 2, Ord. 332, eff. February 19, 2026)

Section 105.6.23 of the CFC is adopted by reference and reads as follows:

105.6.23 Spraying or dipping. A construction permit is required to install or modify a spray room, dip tank or booth. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.6.24 of the CFC is adopted by reference and reads as follows:

105.6.24 Standpipe systems. A construction permit is required for the installation, modification or removal from service of a standpipe system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 105.6.25 of the CFC is adopted by reference and reads as follows:

105.6.25 Temporary membrane structures and tents. A construction permit is required to erect an air-supported temporary membrane structure, a temporary special event structure or a tent in accordance with Section 105.5.51.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 106 of the CFC is adopted by reference in its entirety.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 108.2.1 is added to the CFC to read as follows:

108.2.1 Expedited or after-hour plan review and inspection requests. At the discretion of the Fire Marshal, the Fire Prevention Bureau may make an emergency inspection, complete plan review, or perform inspection services during other than normal working hours upon the request of the applicant and subject to availability. The charge for expedited or after-hour plan review and inspection services shall be set by fee resolution of the City Council. Such service for each hour or any portion thereof, shall be in addition to any other fees that may have been paid or are due. Service for plan review requests require a minimum of one hour service charge, and inspection requests require a minimum two-hour service charge.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 108.4 of the CFC is adopted by reference and reads as follows:

Section 108.4 Work commencing before permit issuance.

A person who commences any work, activity or operation regulated by this code before obtaining the necessary permits shall be subject to a fee established by the applicable governing authority, which shall be in addition to the required permit fees.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 110 of the CFC is adopted by reference in its entirety.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 111.1 of the CFC is adopted by reference and reads as follows:

111.1 Service utilities. The fire code official shall have the authority to authorize disconnection of utility service to the building, structure or system in order to safely execute emergency operations or to eliminate an immediate hazard. The fire code official shall notify the serving utility and, where possible, the owner or the owner's authorized agent and the occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, then the owner, the owner's authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 112.1 of the CFC is amended to read as follows:

112.1 Board of Appeals. The City Council of the City of Ontario may hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, pursuant to Chapter 4 of Title 1 of the City of Ontario Municipal Code. An application for appeal shall be submitted in writing, in a timely manner, and shall be based on a claim that the intent of this code or the rules, standards and interpretations adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The Council shall have no authority to waive requirements of this Code. The City Council shall set the matter for hearing and shall give written notice to the appellant. The fire code official shall act as staff in advising the City Council during such hearing. A written copy of the decision shall be mailed to the concerned parties after the conclusion of such proceedings.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 113 is added to the CFC in its entirety with amendments.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section113.4 of the CFC is amended to read as follows:

113.4 Violation penalties. Any person who violates any provision of the Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of an infraction or a misdemeanor, punishable as set forth in Chapter 2 of Title 1 of the Ontario Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it 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 prohibited condition is maintained shall constitute a separate offense. The application of this penalty shall not be held to prevent the enforced removal of prohibited conditions.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 114.4 of the CFC is amended to read as follows:

114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except that work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, punishable as set forth in Chapter 2 of Title 1 of the Ontario Municipal Code. Each day that any work is done under a stop work order shall constitute a separate offense.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 305 is added to the CFC in its entirety, with the following amendment to Section 305.2 of the CFC as described in Sec. 4-4.49.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 305.2 of the CFC is amended to read as follows:

305.2 Hot ashes and spontaneous ignition sources. Hot ashes, cinders or smoldering coals kept indoors shall be on a non-combustible surface, under a listed minimum Type II ventilation hood that meets the currently adopted California Mechanical Code requirements. Disposal of hot ashes, cinders, smoldering coals or greasy or oily materials subject to spontaneous ignition shall be deposited in a covered, noncombustible receptacle and placed on a noncombustible floor, ground surface or stand a minimum of 10 feet from any structure or vehicle.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 307.1 of the CFC is adopted in its entirety, with the following amendment to Section 307.1 of the CFC as follows:

307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved in accordance with Sections 307.1.1 through 307.5.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 311 of the CFC is adopted by reference in its entirety.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 503 is added to the CFC in its entirety.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 503.2.1 of the CFC is amended to read as follows:

503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of shoulders or curbs, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet six inches. Where a fire hydrant or fire hydrants are located on a fire apparatus access road, the access road shall be at least 26 feet in width. Where fire apparatus access roads are in the immediate vicinity of buildings greater than 30 feet in height, access shall be at least 26 feet in width.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 503.2.3 of the CFC is amended to read as follows:

503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus of weighing not less than 75,000 pounds. Roads shall be engineered and surfaced so as to provide all-weather driving capabilities.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 503.4 of the CFC is amended to read as follows:

503.4 Obstruction of fire apparatus access roads. The required width of a fire apparatus access road shall not be obstructed in any manner, including parking of vehicles. Access roads, private roadways and public roadways shall be provided and maintained in a passable condition at all times. Any obstruction or impediment to reasonable access may be removed by any public safety agency with the expense of such removal to be borne by the owner of the roadway, or in the case of an obstructing vehicle or object, by the owner of said vehicle or object.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 503.4.2 is added to the CFC to read as follows:

503.4.2 Emergency fire lane. For a special event or circumstance requiring a temporary street closure, the fire code official may approve an unobstructed width of not less than 12 feet.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 506.1 of the CFC is amended to read as follows:

506.1 Where required. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a Knox key box and/or key switch to be installed in an approved location. The Knox key box shall be of an approved type listed in accordance with UL 1037 and shall contain keys to gain necessary access as required by the fire code official.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 507.5.1 of the CFC is amended to read as follows:

507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the City is more than 350 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. Public or private fire hydrants shall be spaced a maximum of 350 feet apart."

Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903, the distance requirement of a private or public fire hydrant shall be spaced no more than 500 feet apart.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 507.5.1.2 of the CFC is added to read as follows:

507.5.1.2 Redundant water supplies. New on-site fire protection water systems that serve buildings greater than 100,000 square feet in floor area shall have two separate remote connections to the public water system designed and constructed in accordance with recognized standards. The locations of such water connections shall be approved by the fire code official. The fire code official can exempt the two points of connection.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 510.2 of the CFC is adopted by reference and reads as follows:

510.2 Emergency responder communications enhancement system in existing buildings. Existing buildings shall be provided with approved in-building emergency responder communications enhancement system for emergency responders as required in Chapter 11 by the fire code official.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 903.3.1.3 of the CFC is amended to read as follows:

903.3.1.3 NFPA 13D sprinkler systems. NFPA 13D fire sprinkler systems installed in one- and two-family dwellings; Group R-3; Group R-4, Condition 1; and townhouses shall be permitted to be installed throughout in accordance with NFPA 13D as amended in Chapter 80 and to include a passive purge system design to protect the City's drinking water supply.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 903.4.2.1 of the CFC is added to read as follows:

903.4.2.1 A dedicated fire alarm control unit for the fire sprinkler monitoring system shall be provided and located in an approved location, near the main entrance into the building for fire department use. An approved remote annunciator may be installed at the approved location in lieu of the fire alarm control unit. Zone indication on the remote annunciator may be required by the fire code official.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 904.3.5 of the CFC is adopted by reference and reads as follows:

904.3.5 When a building fire alarm system or sprinkler monitoring system is installed, automatic fire-extinguishing systems shall be monitored by the building's fire alarm control unit in accordance with NFPA 72.

(§ 2, Ord. 3320, eff. February 19, 2026)

Section 1103.2 of the CFC is adopted by reference and reads as follows: