San Diego County Municipal Code § 96.1 County Fire Code

Every three years the State of California repeals, revises and republishes the California Building Standards Code ("CBSC") in its entirety and in doing so adopts and publishes amendments to the included California Fire Code (California Code of Regulations, Title 24, Part 9). Pursuant to California Health & Safety Code section 17958, the CBSC and its California Fire Code become effective in the County of San Diego 180 days after publication. California Health and Safety Code sections 17922, 17958, 17958.5 and 17958.7 provide that the County may adopt the California Fire Code by reference as the County's own fire code and make such changes or modifications that the Board of Supervisors expressly finds are reasonably necessary because of local climatic, geological or topographical conditions. In this chapter, the County adopts modifications and changes to the Fire Code portion of the CBSC that are reasonably necessary because of the County's climatic, geological and topographical conditions.

The County adopts as the County Fire Code, for the unincorporated area of the County, the following: (1) The 2025 California Fire Code (CFC) portion of the CBSC, including the appendix to Chapter 4 and appendices B, C, D, H, I & O; (2) the 2024 International Fire Code (IFC) and the National Fire Protection Association Standards 13, 13-R & 13-D, as referenced in Chapter 80 of CFC; and (3) the County's amendments in this chapter.

To determine which of these codes governs in any particular case, code amendments adopted by the State of California shall take precedence over the 2024 IFC, and the 2024 IFC shall be used for those code sections not adopted by the State. Amendments the County adopts shall take precedence over both the 2024 IFC and 2025 California Fire Code provisions. Where this Chapter states that a provision of the California Fire Code is revised, referenced, changed, deleted, added or otherwise modified, that means revised, referenced, changed, deleted, added or otherwise modified as it is incorporated into this Chapter.

This County Fire Code is adopted for the protection of the public health and safety and applies to both ministerial and discretionary projects. It includes definitions, requirements for permits and inspection for installing or altering systems, regulations for the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, equipment use and maintenance of buildings, structures and premises, including the installation, alteration or repair of new and existing fire protection systems and their inspection and provides penalties for violation of this code. It shall apply to all new construction and to any alterations, repairs, or reconstruction, except as otherwise provided for in this chapter.

Nothing in this chapter shall interfere with or impede the authority of the final decision maker authorized to approve, conditionally approve or deny discretionary projects.

AMENDMENT TO SECTION 96.1.001

Each of the fire protection districts to which this consolidated fire code applies adopt the following code amendment:

(Added by Ord. No. 9915 (N.S.), effective 1-30-08; amended by Ord. No. 10224 (N.S.), effective 10-25-12; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23; repealed and reenacted by Ord. No. 10976 (N.S.), effective 4-2-26)

The "California Fire Code" means the 2025 Fire Code portion of the CBSC, including the appendix to Chapter 4 and appendices B, C, D, H, I & O and the IFC (2024 edition).

(Added by Ord. No. 9915 (N.S.), effective 1-30-08; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23; repealed and reenacted by Ord. No. 10976 (N.S.), effective 4-2-26)

References to "this chapter" shall mean the County Fire Code. References to a section number not proceeded by the prefix "96.1," which stands for the title, division and chapter respectively of a section in this chapter, shall refer to the California Fire Code.

(Added by Ord. No. 9915 (N.S.), effective 1-30-08; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23; repealed and reenacted by Ord. No. 10976 (N.S.), effective 4-2-26)

(a) The County Fire Warden or authorized representative shall be responsible for ensuring County enforcement of Chapter 56 of the California Fire Code as adopted by and incorporated in the County Fire Code insofar as it pertains to fireworks and pyrotechnics and California Code of Regulations, Title 19, Division 1, Chapter 6. The Sheriff shall be responsible for enforcement of Chapter 56 of the California Fire Code as adopted and incorporated in the County Fire Code insofar as it pertains to explosives and California Code of Regulations, Title 19, Division 1, Chapter 10.

(b) All other portions of the County Fire Code shall be enforced as follows:

(1) By the Fire Warden or his/her duly authorized representative of the San Diego County Fire Authority in all unincorporated areas of the County which are outside a fire protection district.

(2) For areas in a fire protection district, by the district fire chief or his/her duly authorized representative.

(Added by Ord. No. 9915 (N.S.), effective 1-30-08; amended by Ord. No. 10224 (N.S.), effective 10-25-12; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23; repealed and reenacted by Ord. No. 10976 (N.S.), effective 4-2-26)

The geographic limits referred to in certain sections of the 2025 California Fire Code are established as follows:

(a) Sec. 5704.2.9.6.1 The geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited: the unincorporated area of the County of San Diego.

Exceptions:

1. In areas zoned for mixed, general or high impact industrial uses.

2. Crankcase draining may be stored in specially constructed above-ground storage tanks, approved by the fire code official, with a maximum capacity of 550 gallons. These tanks may be located within a building when the fire code official deems appropriate and the container meets U.L. Standard 2085. Containers shall be installed and used in accordance with their listing and provisions shall be made for leak and spill containment. In no case shall storage be allowed on residential or institutional property.

3. With the fire code official's approval, Class I and II liquids may be stored above ground outside of buildings in specially designed, approved and listed containers which have features incorporated into their design which mitigate concerns for exposure to heat, ignition sources and mechanical damage. Containers shall be installed and used in accordance with their listing, and provisions shall be made for leak and spill containment. The fire code official may disapprove the installation of these containers when in his or her opinion their use presents a risk to life or property.

(b) Sec. 5706.2.4.4 The geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited: the unincorporated area of the County of San Diego.

Exceptions:

1. In areas zoned for other than residential uses, when approved by the FAHJ.

2. Crankcase draining may be stored in specially constructed above-ground storage tanks, approved by the fire code official, with a maximum capacity of 550 gallons. These tanks may be located within a building when the fire code official deems appropriate and the container meets U.L. Standard 2085. Containers shall be installed and used in accordance with their listing, and provisions shall be made for leak and spill containment. In no case shall storage be allowed in residential or institutional property.

3. With the fire code official's approval, Class I and II liquids may be stored above ground in specially designed, approved and listed containers which meet U.L. Standard 2085. Containers shall be installed and used in accordance with their listing, and provisions shall be made for leak and spill containment. The fire code official may disapprove the installation of such containers when in his/her opinion their use presents a risk to life or property.

(c) Sec. 5806.2 The geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited: the unincorporated area of the County of San Diego, except for areas zoned for mixed, general or high impact industrial uses.

(d) Sec. 6104.2 The geographic limits in which the bulk storage of liquefied petroleum gas is prohibited for the protection of heavily populated and congested areas: the unincorporated area of the County of San Diego, except for areas zoned for mixed, general or high impact industrial uses.

Exception: Bulk tanks with a maximum aggregate capacity of 30,000 gallons water capacity for above-ground storage of underground distribution to residential areas, where the storage and distribution meets County Fire Code requirements as determined by the FAHJ.

(Added by Ord. No. 9915 (N.S.), effective 1-30-08; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23; repealed and reenacted by Ord. No. 10976 (N.S.), effective 4-2-26)

When deletions, revisions and additions are made in this chapter to the California Fire Code, the digits following the first three digits of the section numbers in this chapter refer to conform to the numbering system of the California Fire Code: e.g., SEC. 96.1.307.5 refers to Chapter 3 section 307.5 of the California Fire Code. When deletions, revisions and additions are made to an appendix of the California Fire Code, "APP" is added to the number: e.g., section SEC. 96.1.APP.B103.3 refers to Appendix Chapter B, section 103.3 of the California Fire Code.

(Added by Ord. No. 9915 (N.S.), effective 1-30-08; repealed and reenacted by Ord. No. 10337 (N.S.), effective 6-19-14; repealed and reenacted by Ord. No. 10465 (N.S.), effective 4-14-17; repealed and reenacted by Ord. No. 10659 (N.S.), effective 3-26-20; repealed and reenacted by Ord. No. 10833 (N.S.), effective 4-13-23; repealed and reenacted by Ord. No. 10976 (N.S.), effective 4-2-26)

Section 101.5 of the California Fire Code is revised to read: