San Bernardino Municipal Code Ch. 8.63 Explosives and Fires

It is unlawful for any person, firm or corporation, at any time, to light a fire or fires or use fire for the clearing of land or to burn brush, slash, fallen timber, grass or other inflammable material within the city without first having obtained a written permit from the City Fire Department; that nothing in this section shall prevent the use of proper and lawful fires for safe domestic purposes; further, provided, that no permit will be necessary to burn inflammable material in properly constructed incinerators, outdoor water heating units, cooking grills and other similar devices having chimneys covered with spark arresters consisting of galvanized or copper screening of a mesh not larger than one-fourth of an inch, and openings such as doors, to be spark tight and otherwise approved by the Fire Department, and where the land around such incinerator, outdoor water heating units, cooking grills and other similar devices is cleared of all inflammable material within a radius of at least ten feet.

(Ord. 1988, passed 7-21-1953)

It is unlawful for any person, firm or corporation after having obtained a written permit, as provided in § 8.63.010, to burn at any time or in any place or in any manner other than that set forth in such permit.

(Ord. 1988, passed 7-21-1953; Ord. 2192, passed 10-22-1957)

It is unlawful for any person, firm or corporation in the city to allow or permit any fire attended by him, her or it to escape from his, her or its control.

(Ord. 1988, passed 7-21-1953)

It is unlawful for any person, firm or corporation within the city, within the hazardous fire area, as defined in § 8.63.130, to make, kindle, ignite, light or build or use any camp fire, bonfire or any other out-of-door fire without first obtaining a written permit from the City Fire Department.

(Ord. 1988, passed 7-21-1953)

It is unlawful for any person, firm or corporation in the city to set or ignite camp fires or other fires on any brush or grasslands or forest covered lands, or upon any public roads or highways, except at such places as are or may be designated by the City Fire Department, and a permit issued therefor in writing.

(Ord. 1988, passed 7-21-1953)

It is unlawful for any person, firm or corporation, within the city, at any time, to blast with dynamite, powder or other explosive without first having obtained a written permit from the Fire Department.

(Ord. 1988, passed 7-21-1953)

It is unlawful for any person, firm or corporation, within the boundaries of the hazardous fire area described in § 8.63.130, between May 1 and December 31 of each and every year, to smoke a cigar, cigarette, tobacco or any other substance in any form, except at designated and improved campgrounds, or occupied places of habitation; provided, however, that such designated and improved campgrounds, and places of habitation, within the meaning of this chapter, will only include those portions of designated and improved campgrounds and places of habitation which are cleared of all inflammable materials and vegetation, as provided in § 8.63.100; and it is unlawful for any person in the city to throw, place or cause to be placed upon any grass, brush or forest covered lands, or upon any road or trail traversing such grass, brush or forest covered lands, any lighted or burning match, cigar, cigarette or any burning substance without first extinguishing the same.

(Ord. 1988, passed 7-21-1953)

It is unlawful for any person, firm or corporation, within the hazardous fire area, to remove ashes from stoves, fireplaces, heaters, grills or any other like device in which burning has been done, and to dispose of such ashes or waste from such device out of doors, until such ashes or waste have been placed in a metal or other fireproof receptacle and soaked in water for at least 24 hours.

(Ord. 1988, passed 7-21-1953)

It is unlawful for any person, firm or corporation within the city, within the hazardous fire area, as defined in § 8.63.130, to use any chimney in conjunction with any fireplace, incinerator or any heat producing appliance in which solid fuel is used upon any cabin, house, hotel, building, structure or premises unless maintained with a spark arrester constructed with heavy wire, mesh or other non-combustible material of at least 19 gauge, with openings not to exceed one-half inch, mounted in or over all outside flue openings in a vertical or near vertical position visible from the ground.

(Ord. 1988, passed 7-21-1953; Ord. 3155, passed 3-9-1971)

Any person, firm or corporation owning, leasing, using, controlling or operating any cabin, house, hotel, house trailer, apiary or other building, structure or improvement in the hazardous fire area shall, at all times, maintain upon his or her said land or adjacent to the cabin, house, improvement or structure, an effective fire protection or firebreak; such fire protection or firebreak is to be made by removing all inflammable vegetation or growth or other inflammable materials or vegetation from the ground around the buildings, structures and improvements for a distance of not less than 30 feet from the exterior walls of the buildings, structures, house trailers and improvements, the aforementioned fire protections or firebreak shall cover all lands situated between the building structures and the property boundary; provided, however, that this section shall not apply to trees, except where dead or where the foliage of the trees are within ten feet of the chimney, nor shall it apply to evergreen vegetation where growing and presented for decorative effect.

(Ord. 1988, passed 7-21-1953)

[Reserved]

(Repealed by Ord. MC-28, passed 2-3-1981)

(A) It is unlawful for any person, firm or corporation in the hazardous fire area, as defined in § 8.63.130, to place, or cause to be placed on, his or her own land, or on the land of another, any rubbish, paper, sawdust, shavings, boxes, petroleum products not in closed containers, or residue, fallen timber, slash, limb wood, branches of trees, brush, grass, litter or other inflammable material, except at places and in the manner designated by the City Fire Department, and all such inflammable material shall be effectively destroyed by fire at such time and in such a manner as shall be designated by the Fire Department after securing a permit from said Department.

(B) Any such rubbish, paper, sawdust, shavings, boxes, petroleum products or residue, fallen limbs, slash, limb wood, branches of trees, brush, grass, litter or other inflammable material placed, caused to be placed or existing on any land, contrary to the provisions of this chapter, is a public nuisance and shall be abated pursuant to law.

(Ord. 1988, passed 7-21-1953)

(A) Hazardous fire area is land which is covered with grass, grain brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion.

(B) Such areas are designated as follows:

(1) All that area within the city lying north of a line extending easterly from the west city limits to the east city limits and bounded on the south side by streets and highways as follows: Barstow Freeway from west city limits to the intersection of Palm Avenue and the Barstow Freeway; northerly from the Barstow Freeway on Palm Avenue to Kendall Drive; easterly on Kendall Drive to 40th Street and transition easterly from the intersection of Kendall Drive and 40th Street; on 40th Street; and continue easterly to Mountain Avenue; from the intersection of 40th Street and Mountain Avenue; southerly on Mountain Avenue to 39th Street; easterly on 39th Street to Del Rosa Avenue; southerly from the intersection of 39th Street to Marshall Boulevard; easterly from the intersection of Del Rosa Avenue and Marshal Boulevard on Marshall Boulevard; Marshall Boulevard to Victoria Avenue; Victoria Avenue to Piedmont Drive; Piedmont Drive east to Diablo Drive; Diablo Drive east to El Toro Street extending east to Highway 330; Highway 330 South to Highland Avenue; thence East and southeasterly along the centerline of Highland Avenue to the centerline of Church Street;

(2) Inclusive of area beginning at the intersection of Pacific Street and Del Rosa Avenue; Pacific Street west to Perris Hill Park Road; Perris Hill Park Road north in a line to intersect Highland Avenue; Highland Avenue east to Del Rosa Avenue; Del Rosa Avenue south to Pacific Street;

(3) Inclusive of area beginning at the intersection of Little Mountain Drive and Kendall Drive; Kendall Drive east to 40th Street; 40th Street east to Electric Avenue; Electric Avenue south to Thompson Place; Thompson Place west to Mayfield Avenue; Mayfield Avenue south to 36th Street; 36th Street west to “F” Street; “F” Street south to 33rd Street; 33rd Street west to “H” Street; “H” Street south to Marshall Boulevard; Marshall Boulevard west in a line to intersect Cajon Boulevard; Cajon Boulevard west to University Parkway/State Street; University Parkway north to State Street; State Street north to Morgan Road; Morgan Road East to Little Mountain Drive; Little Mountain Drive north to Kendall Drive; and

(4) Hazardous fire areas shall be inclusive of any additional land area, whether publicly or privately owned, which the Fire Chief of the Fire Department determines to be so situated or so inaccessible that fire upon said land could present an abnormally difficult task of fire suppression. Such additional land areas shall be designated on a map available to the public and maintained by the Fire Department at the Central Fire Station, 200 East Third Street, San Bernardino. The Fire Chief shall provide a written description of the boundaries of any additional land area to the City Clerk who shall provide for publication of notice thereof pursuant to the provisions of Cal. Gov’t Code, § 6061.

(Ord. 1988, passed 7-21-1953; Ord. 3155, passed 3-9-1971; Ord. 3611, passed 12-20-1976; Ord. 3869, passed 9-18-1979; Ord. MC-488, passed 12-18-1985)

Any person, firm or corporation violating any provision of this chapter is guilty of an infraction, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(Ord. 1988, passed 7-21-1953; Ord. MC-460, passed 5-15-1985; Ord. MC-1073, passed 5-3-2000)