Chapter 96 — FIRE PREVENTION AND PROTECTION

The provisions of this subchapter shall constitute the fire code of the city and may be cited as such.

('65 Code, § 4-4.101) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10)

There is hereby adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, these certain codes and standards known as the 2022 Edition of the California Fire Code. As the California Fire Code, 2022 Edition, thereof and whole thereof, including Appendix Chapter 4, B, BB, C, CC, D-I, K, N and O, 2022 Edition, the State of California Title 24, Part 9, California Fire Code Amendments of 2022, including Errata’s and Supplements hereafter, same and except such portions as are hereinafter deleted, modified, or amended by this subchapter. A copy of the Code and Standards is now on file in the office of the City Clerk and the San Gabriel Fire Department and are hereby adopted and incorporated as if fully set out at length herein. The provisions hereof shall be controlling within the limits of the incorporated areas of the city.

(‘65 Code, § 4-4.102) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 502- C.S., passed 6-3-99; Am. Ord. 531-C.S., passed 10-15-02; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10; Am. Ord. 607-C.S., passed 11-19-13; Am. Ord. 630-C.S., passed 12-6-16; Am. Ord. 655, passed 11-19-19; Am. Ord. 686, passed 11-15-22)

The following section and subsections of the California Fire Code are hereby added or amended as follows:

(A) Section 104.1 General. The Fire Chief shall be responsible for the administration and the enforcement of this Code. Under his direction, the Fire Department shall enforce all ordinances of the jurisdiction and the laws of the State pertaining to:

(B) Section 111.1 Board of appeals established. Any person (appellant) who is aggrieved by the determination of the Fire Chief as to the suitability of any alternate materials or methods of construction, and/or as to the reasonable interpretations of the provisions of this Code may appeal to the City Manager or his designee (hearing officer) for a final determination. Such appeal must be in writing and must be filed with the City Clerk not less than ten days after notice of the determination of the Fire Chief is served by first class mail upon the appellant. A filing fee for an appeal will be charged in an amount established by the City Council, from time to time, by resolution. If any appeal is made, the hearing officer, in reviewing the Fire Chief’s decision, shall call upon him for testimony or written reports necessary to become fully informed on the subject of the appeal. Formal rules of evidence shall not be employed, but the hearing officer shall conduct these meetings in such a manner as to give all concerned a reasonable opportunity to make a presentation of all relevant facts and arguments. The hearing officer may conduct or cause to be conducted any investigations or tests by any specific means he deems necessary. The hearing officer may sustain, overrule or modify the determination of the Fire Chief in accordance with the provisions of this Code or the ordinance appealed, and his decision shall be final upon notification to the Fire Chief and the appellant of his determination.

(C) Section 112 Violations. It is hereby declared that any violation of the Fire Code constitutes a public nuisance, and in addition to any other remedies provided by the Fire Code for its enforcement, the administrative authority may bring civil suit to enjoin the violation of any provisions of this Fire Code. Any person, firm or corporation violating any of the provisions of the Fire Code shall be guilty of a misdemeanor, punishable by a fine not to exceed $1,000 or by imprisonment in the city or county jail for not more than six months, or by both such fine and imprisonment. Each separate day or portion thereof during which violations of the Fire Code occurs or continues shall be deemed to constitute a separate offense.

(D) Section 903.2 Where Required & 9032.8 Group R.

(1) New Buildings and Structures. An automatic fire extinguishing system or other approved combined system shall be installed in all new occupancies and locations for which any building permit is issued after the effective date of this section.

(2) Existing Buildings and Structures. All buildings and structures existing as of the effective date of this section, regardless of the type of construction, type of occupancy, or area, shall be provided with an automatic fire extinguishing system conforming to the most current requirements of the California Fire Code, State Fire Marshal regulations, and requirements of the National Fire Protection Association Codes and Standards, upon the occurrence of any of the following conditions:

(a) Addition(s) to any building creating a total area exceeding 4,000 square feet in floor area between unpierced area separation walls, and in occupancies and locations as set forth in Section 903.2; or

(b) Additions, alterations or repairs to any building which exceed 25% of the existing square footage of the building, within any 12-month period; or

(c) Whenever a change in occupancy or use increases the fire hazard to the structure or the life safety of the occupants.

(E) Section 906.1 Where required. Portable fire extinguishers of a 3-A-40-B.C type shall be installed in all occupancies and locations as set forth in the Fire Code and as required by the Fire Chief.

Exceptions:

(1) Other portable fire extinguishers may be installed, if approved by the Chief.

(2) Group R Division 3 and Group U occupancies are exempt.

(F) Appendix B , TABLE B105.2.

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES

(‘65 Code, § 4-4.104) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 502- C.S., passed 6-3-99; Am. Ord. 531-C.S., passed 10-15-02; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10; Am. Ord. 607-C.S., passed 11-19-13; Am. Ord. 630-C.S., passed 12-6-16; Am. Ord. 686, passed 11-15-22)

The Council shall have the power to modify any of the provisions of the California Fire Code upon an application in writing by the owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code; provided, however, the spirit of the provisions of said Code shall be observed, public safety secured, and substantial justice done.

('65 Code, § 4-4.105) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10)

(A) Pursuant to Cal. Gov’t Code § 51179, the City of San Gabriel hereby adopts the fire hazard severity zone map for local responsibility areas as developed and designated by the California Department of Forestry and Fire Protection (CAL FIRE).

(B) The adopted map shall be maintained on file with the City Clerk and made available for public inspection during normal business hours. The map may also be accessed on the CAL FlRE website.

(Ord. 719, passed 6-17-25)

FIREWORKS

For the purposes of this subchapter, FIREWORKS shall mean and include all fireworks as are defined in Cal Health & Safety Code §§ 12505, 12511, 12512, and 12529, including “dangerous fireworks,” “safe and sane fireworks,” and fireworks kits.

(‘65 Code, § 4-4.201) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575- C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10; Am. Ord. 607-C.S., passed 11-19-13; Am. Ord. 630-C.S., passed 12-6-16)

No person shall sell, use, discharge, or have in his or her possession, within the city, any fireworks without first securing a permit therefor from the Council as provided in this subchapter.

(‘65 Code, § 4-4.202) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575- C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10; Am. Ord. 607-C.S., passed 11-19-13; Am. Ord. 630-C.S., passed 12-6-16)

The Council, in its sole discretion and subject to such conditions as the Council may require for the protection of the public health, safety, and welfare, may grant permits for a public fireworks display, provided such display shall be under the supervision of a person licensed as a pyrotechnic operator. No such permit shall be issued without the approval of the Fire Chief.

(‘65 Code, § 4-4.203) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575- C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10; Am. Ord. 607-C.S., passed 11-19-13; Am. Ord. 630-C.S., passed 12-6-16)

The Council may establish a charge for the issuance of any permit authorized by this subchapter, in such amount as the Council shall determine from time to time, to defray any expense incurred by the city for investigations or policing such pyrotechnic display.

(‘65 Code, § 4-4.204) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575- C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10; Am. Ord. 607-C.S., passed 11-19-13; Am. Ord. 630-C.S., passed 12-6-16)

HAZARDOUS MATERIALS RESPONSE PLANS

Pursuant to its agreement with the Fire Protection District of Los Angeles County, San Gabriel hereby assumes responsibility for the administration of Cal. Health & Safety Code Chapter 6.95.

('65 Code, § 4-4.301) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10)

The city hereby designates the Los Angeles County Fire Department as administering agency for the enforcement and regulation of Cal. Health & Safety Code Chapter 6.95, Division 20, §§ 25500 et seq. for the jurisdiction of the city.

('65 Code, § 4-4.302) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10)

The words and phrases listed below shall be defined as provided in this section. All other words or phrases not defined here shall have the same meaning as defined in Cal. Health & Safety Code § 25501.

HANDLE. To use, generate, process, produce, package, treat, store, emit, discharge or dispose of a hazardous material in any fashion. HANDLER. Any business which handles a hazardous material.

HAZARDOUS MATERIAL. Any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. HAZARDOUS MATERIALS include, but are not limited to, hazardous

substances, hazardous waste, and any material which a handler or the administering agency has a reasonable basis for believing that it would be injurious to the health and safety of persons or harmful to the environment if released into the workplace or the environment.

('65 Code, § 4-4.303) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10)

The handler of any hazardous material shall, upon discovery, immediately report any release or threatened release of a hazardous The handler of any hazardous material shall, upon discovery, immediately report any release or threatened release of a hazardous material to the administering agency and the State Office of Emergency Services. Each handler shall provide all state, city or county fire or public health or safety personnel and emergency rescue personnel with access to the handler’s facilities. This section does not apply to any person engaged in the transportation of a hazardous material on a highway which is subject to, and in compliance with, the requirements of Cal. Veh. Code §§ 2453 and 23112.5.

('65 Code, § 4-4.304) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10)

(A) The Cal. Health & Safety Code § 25513 requires each administering agency to be required to adopt a schedule fee to be collected from each business required to submit a hazardous material business plan pursuant to this subchapter which is within its jurisdiction.

(B) Each business required to submit a plan shall pay the fees set forth in this subchapter in an amount established, from time to time, by resolution of the City Council. ('65 Code, § 4-4.306) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10)

(A) Any person violating any of the provisions of §§ 96.01 through 96.05, or any provision of the California Fire Code adopted by reference by the provisions of § 96.02 shall be guilty of a misdemeanor.

(B) Any person or business who violates any provision of §§ 96.40 through 96.44 shall, upon conviction, be punished by a fine of not more than $25,000 for each day of violation, or by imprisonment in the county jail for not more than one year, or by both the fine and imprisonment. If the conviction is for a violation committed after a first conviction under this section, the person shall be punished by a fine of not less than $2,000 or more than $50,000 per day of violation, or by imprisonment in the state prison for 16, 20, or 24 months or in the county jail for not more than one year, or by both the fine and imprisonment. Furthermore, if the violation results in, or significantly contributes to, an emergency, including a fire, to which the county or city is required to respond, the person shall also be assessed the full cost of the county or city emergency response, as well as the cost of cleaning up and disposing of the hazardous materials.

('65 Code, § 4-4.305) (Ord. 461-C.S., passed 12-5-95; Am. Ord. 502-C.S., passed 6-3-99; Am. Ord. 531-C.S., passed 10-15-02; Am. Ord. 575-C.S., passed 11-20-07; Am. Ord. 587 C.S., passed 12-7-10)