Petaluma Municipal Code Ch. 1 Scope and Administration

Section 101.1 is amended to read as follows:

101.1 Title. This chapter shall be known as the "2025 California Fire Code," including the appendices and

may be cited and referred to as “this code”.

California Fire Code, Section 101.6, is added to read as follows:

101.6 Standards. Petaluma Fire Department Standards shall serve as a supplemental instruction and

interpretation manual for this code and is hereby adopted by reference. The Zre code o\cial is

responsible to amend these standards as necessary to maintain current instruction and interpretations.

The information contained in the standards shall not be construed to make new code requirements not

authorized by this ordinance.

Section 102.3 is amended to read as follows:

102.3 Change of Use or Occupancy. No change shall be made in the use or occupancy of any structure

that would place the structure in a di]erent division of the same group or occupancy or in a di]erent group of occupancies, unless such structure is made to comply with the requirements of this code, the

California Building Code as adopted by the City of Petaluma City Council (City Council). Subject to the

approval of the Fire Code O\cial, the use or occupancy of an existing structure shall be allowed to be

changed and the structure is allowed to be occupied for purposes in other groups without conforming to

all the requirements of this code, the California Building Code as adopted by the City Council for those

groups, provided the new or proposed use is less hazardous, based on life and Zre risk, than the existing

use.

Section 102.7.3 is added to read as follows:

102.7.3 Supplemental Rules, Regulations and Standards. The Fire Code O\cial is authorized to

render interpretations of this code and to make and enforce rules and supplemental regulations and to

develop Fire Prevention Standards to carry out the application and intent of its provisions.

Section 103.1.1 is added to read as follows:

103.1.1 General. Where this code refers to the Department of Fire Prevention, the Fire Prevention

Bureau will be inserted. Where this code refers to the Fire Marshal, the Fire Code O\cial will be inserted.

Section 104.4 is amended to read as follows:

104.4 Right of Entry.

(a) The Fire Chief, or his/her authorized representative in the performance of duties herein prescribed,

shall have the right to enter upon and into any and all premises under his/her jurisdiction, at all

reasonable hours for the purpose of inspecting the same to determine whether or not the provisions of

this code and all applicable laws or Ordinances pertaining to the protection of persons and property

from Zre, explosion or exposure to hazardous materials are observed therein. Provided, however, that

an inspection warrant, issued pursuant to Title 13, Part 3 of the Code of Civil Procedure be Zrst secured

where entry is refused, except in an emergency situation. No owner, occupant or any other person

having charge, care or control of any building or premises shall fail or neglect, after proper request is

made as herein provided to promptly permit entry therein by the Chief or his/her authorized

representative for the purpose of inspection and examination pursuant to this code.

(b) The Fire Chief, and his/her duly authorized representative, shall have the authority to enter any

building, or premises for the purpose of extinguishing or controlling any Zre, performing rescue

operations, investigating the existence of suspected or reported Zres, gas leaks or other hazardous

conditions or taking any other action necessary in the reasonable performance of their duty.

Section 104.11.4 is added to read as follows:

104.11.4 Charges. The expense of securing any emergency that is within the responsibility for

enforcement of the Fire Chief as given in Section 104.11 is a charge against the person who caused the

emergency. Damages and expenses incurred by any public agency having jurisdiction or any public

agency assisting the agency having jurisdiction shall constitute a debt of such person to the City and shall

be collectable by the Fire Chief for proper distribution in the same manner as in the case of an obligation

under an expressed or implied contract. Expenses as stated above shall include, but not be limited to,

equipment and personnel committed and any payments required by the public agency to outside

business Zrms requested by the public agency to secure the emergency, monitor remediation and clean

up the site.

Section 104.11.5 is added to read as follows:

104.11.5 Cost recovery. Fire suppression, investigation, or emergency medical costs are recoverable in

accordance with California Health and Safety Code Sections 13009 and 13009.1, as may be amended

from time to time. Additionally, any person(s) who negligently, intentionally or in violation of law causes

an emergency response, including, but not limited to, a tra\c accident, spill of toxic or [ammable or

combustible [uids or chemicals is liable for the costs of securing such emergency, including those costs

pursuant to Government Code Section 53150, et seq, as may be amended from time to time. Any

expense incurred by the Petaluma Fire Department for securing such emergency shall constitute a debt

of such person(s) and shall be collectable by the Petaluma Fire Department in the same manner as in the

case of an obligation under contract, expressed or implied.

Section 105.1.1.1 is added to read as follows:

105.1.1.1 New Materials and Permits. The Fire Chief and the Fire Code O\cial may act as a committee

to determine and specify any new regulated materials, and shall establish processes or occupancies

requiring permits in addition to those enumerated in this code. The Zre chief or designee shall post such

list in a conspicuous place in the o\ce, and distribute copies thereof to interested persons. Permits

under this section shall be administered in accordance with Section 105.

Section 105.5.9 (Table 105.5.9) is amended to read as follows:

Table 105.5.9. Permit Amounts for

Compressed Gases

Amount (cubic
Type of Gas
feet at NTP)

Inert and simple asphyxiate 2,000

Oxidizing (including Oxygen) 200

Section 105.5.60 is added to read:

105.5.60 Local Permits. In addition to the permits required by section 105.6 and Section 105.5.59, the

following permits shall be obtained from the Fire Prevention Bureau prior to engaging in the following

activities, operations, practices or functions:

1. Apartment, Hotel, or Motel. An operational permit is required to operate an apartment house, hotel,

or motel.

2. Care Facilities. An operational permit is required to operate a care facility as listed:

Residential or commercial institutional care facility, occupancies complying with Health and

Safety Code Section 13235 are exempt.

5. High-rise occupancy. An operational permit is required to operate a high-rise building as deZned in

Title 24, Part 2, California Code of Regulations.

6. Cannabis. Operational permits are required to operate a cannabis facility or operation listed below:

   a. Distribution.

   b. Manufacturing.

   c. Testing/lab.

7. Emergency responder radio system. An operational permit is required to operate an Emergency

Responder Radio System.

Section 105.6.1 is added to read as follows:

105.6.1 Automatic Fire-Extinguishing System. A construction permit is required for the installation of

or modiZcation to Zxed extinguishing systems including but not limited to protection of cooking

equipment, protection of computers or other high value items or systems other than Zre sprinklers.

Section 105.6.11 is amended to read as follows:

Gas Detection Systems (Medical). A construction permit is required to install a medical gas system.

Section 105.6.19 is amended to read as follows:

105.6.19 Private Fire Hydrants and Underground Fire Main Installations. A construction permit is

required for the installation of any private Zre hydrant and/or underground Zre mains to supply Zre

hydrant(s) and/or Zre sprinklers. Emergency repairs shall comply with 105.1.4.

Section 108.7 is added to read:

108.7 Fees for Fire Inspections. The Fire Code O\cial shall be authorized to charge a fee for any Zre

inspections of existing building, facility, site, structures, or property within the City of Petaluma. Fees for

such services shall be in accordance with the Master Fee Schedule.

Section 112.1.1 is added to read as follows:

Section 112.1.1 Appeals

(a) Whenever the Fire Chief or Fire Code O\cial disapproves an application or refuses to grant a permit

applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and

meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the

decision of the Fire Chief to the Board of Appeals, which is designated to be the board of building review

as heretofore established and appointed according to Chapter 2.24 and Chapter 17.08 of the Petaluma

Municipal Code, within thirty (30) days from the date of the decision appealed. The Fire Chief shall act as

secretary of the board when it is hearing appeals concerned with the Fire Code.

Section 113.4 is amended as follows:

113.4 Violation Penalties

(a) Any violation of the provisions of this section shall be a misdemeanor. Notwithstanding the preceding

sentence, a violation of the provisions of this section may be charged and prosecuted as an infraction at

the discretion of the City Attorney’s O\ce or other enforcing authority.

(b) A person is guilty of a separate o]ense for each day during which he/she commits, or continues or

permits a violation of this chapter, or each time he/she disobeys a valid order of an enforcement o\cer.

(c) Because of the serious threat of Zre or injury posed by the use of "Dangerous Fireworks" that can

result from persistent or repeated failures to comply with the provisions of this code and the e]ect of

such conditions or activities on the safety and the use and enjoyment of surrounding properties and to

the public health, safety and welfare, this Article imposes liability upon the owners of residential real

property for all violations of this code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate

administrative Zne.

(d) Nothing in this section shall prohibit a court from imposing restitution upon any person convicted of

a violation of the provisions of this section.

(e) In addition to any other remedies available to the City under any applicable State or Federal statute or

pursuant to any other lawful power the City may possess, any violation of this chapter may be

prosecuted or enforced as a nuisance and enforced by a civil court action as provided in Chapter 1.13 of

the Petaluma Municipal Code or via administrative enforcement as a nuisance as provided in Chapter

1.14 of the Petaluma Municipal Code as Chapters 1.13 and 1.14 may be amended from time to time.

(f) Administrative Citation pursuant to Petaluma Municipal Code Chapter 1.16. In addition to any other

remedies available to the City under any applicable State or Federal statute or pursuant to any other

lawful power the City may possess, any violation of this Chapter may be enforced by administrative

citation pursuant to Chapter 1.16 of the Petaluma Municipal Code as Chapter 1.16 may be amended

from time to time.

(g) Administrative Citation pursuant to California Health & Safety Code Section 12557. In addition to any

other remedies available to the City under any applicable State or Federal statute or pursuant to any

other lawful power the City may possess, any violation of this Chapter may be enforced by administrative

citation pursuant to California Health & Safety Code Section 12557 when a violation relates to the

possession, use, storage, sale and/or display of those Zreworks classiZed as dangerous Zreworks as

deZned herein and/or the use of State-approved Zreworks as deZned herein on or at dates, times and/or

locations other than those permitted by this Ordinance.

1. The imposition of Znes related to dangerous Zreworks under this section 113.4(g) shall be limited

to persons who possess, sell, use and/or display, or to the seizure of less than 25 pounds (gross

weight) of such dangerous Zreworks.

2. Fines collected pursuant to this section 113.4(g) shall not be subject to California Health & Safety

Code section 12706, which provides that certain Znes collected by a court of the state be deposited

with, and disbursed by, the County Treasurer. However, the City shall provide cost reimbursement

to the State Fire Marshal pursuant to regulations as adopted, or as may be adopted by the State Fire

Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of dangerous

Zreworks seized by the City, which costs will be part of any administrative Zne imposed. Unless and

until such regulations have been adopted by the State of California, the City shall hold in trust $250

or 25 percent of any Zne collected, whichever is greater, to cover the cost of reimbursement to the

State Fire Marshal for the cost of transportation and disposal of any dangerous Zreworks seized by

the City.

3. Other than as expressly modiZed herein, enforcement of violations by administrative citation

pursuant to California Health & Safety Code Section 12557 shall be subject to the provisions of

Petaluma Municipal Code Chapter 1.16.

Section 113.5 is added to read as follows:

Section 113.5 Authority to Issue Citations. The Fire Chief and members of the Fire Prevention Bureau

who have the discretionary duty to enforce a statute or Ordinance may, pursuant to Section 836.5 of the

California Penal Code and subject to the provisions thereof, arrest a person without a warrant whenever

the Fire Chief or member of the Fire Prevention Bureau has reasonable cause to believe that the person

to be arrested has committed a violation in the presence of the Fire Chief or member of the Fire

Prevention Bureau which he or she has discretionary duty to enforce, and to issue a notice to appear and

to release such person on his or her written promise to appear in court, pursuant to the provisions of

Section 853.5 et seq. of the California Penal Code.

Section 114.1 is amended to read as follows:

114.1 Order/Authority. Whenever the Fire Code O\cial Znds any work regulated by this code, the

Petaluma Municipal Code, or the Zoning Ordinance, being performed in a manner contrary to the

provisions of this code, without a permit, beyond the scope of the issued permit, in violation of this code,

the Petaluma Municipal Code or Zoning Ordinance, or deemed as dangerous or unsafe, the Fire Code

O\cial is authorized to issue a stop work order.

Section 114.2 is amended to read as follows:

114.2 Issuance. The stop work order shall be in writing and shall be posted in a visible location near the

location where the work is being conducted. If the owner or owner’s agent is not on site at the time of

posting, a notice advising the reasons for the stop work order issuance shall be hand delivered or mailed

Zrst-class to the owner of the property involved, or to the owner’s agent, or to the person doing the

work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order

shall state the reason for the order, the conditions under which the cited work will be permitted to

resume, and the name and contact information of the o\cial or agency issuing the order.

Section 114.3 is amended to read as follows:

114.3 Emergencies (Unlawful Continuance). Where an emergency exists, the Fire Code O\cial shall

not be required to give written notice prior to stopping work. Any person who continues to engage in 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 or unsafe condition, shall be guilty of a misdemeanor.

Section 114.4 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 such work as that person is directed to perform to remove a violation or unsafe

condition, shall be subject to the penalty provisions of the City of Petaluma Municipal Codes or State law.

Section 114.4.1 is added to read as follows:

114.4.1 Removal of Posted Stop Work Order. Any person who removes a posted stop work order

without written consent of the Fire Code O\cial shall be guilty of a misdemeanor.

Section 114.4.2 is added to read as follows:

114.4.2 Response Required. Violators receiving a stop work order are required to respond to the Fire

Prevention Bureau within two (2) business days of the issued notice to receive instructions on how to

rescind the order.

Section 114.4.3 is added to read as follows:

114.4.3 Permit Application Required. A Zre permit application must be submitted for approval within

Zfteen (15) working days following response to the Fire Prevention Bureau. Plans will be reviewed and

correction letters issued or permit application approved within Zfteen (15) working days of receipt by the

Fire Prevention Bureau. A response to any correction letter must be submitted within Zfteen (15) working

days of the date of the correction letter. Five working days will be required to review this second

submission and a permit approved for issuance. Permits ready for issuance must be issued within Zve (5)

working days thereafter. All construction must be inspected as work progresses and signed o] by all

(a]ected) departments within sixty (60) days of permit issuance.

Section 114.4.4 is added to read as follows:

114.4.4 Stop Work Order Penalty. The Fire Code O\cial may impose Stop Work Order Penalties in

accordance with City of Petaluma Municipal Code Section 1.14.050 “Imposition of Penalties” and/or other

applicable law.