Part 2 — ADOPTION OF ADMINISTRATIVE PROVISIONS OF THE 2025 CALIFORNIA FIRE CODE

Editor's note— Ord. 31258, § 2, adopted Nov. 18, 2025, amended Part 2 of Ch. 17.12 in its entirety to read as set out herein. Former Part 2 pertained to the adoption of administrative provisions of the 2022 California Fire Code and derived from Ords. 30327, 30836.

Except as otherwise provided for in this Chapter, Chapter 1 of the 2025 California Fire Code, including the Tables therein, are adopted and incorporated in this Chapter by reference and made a part hereof as if fully set forth herein.

(Ord. 31258.)

by reference.

The following provisions, including all subparts thereof, of Chapter 1 of the 2025 California Fire Code, are not adopted or incorporated in this Chapter by reference, and shall not be deemed to be a part of this Chapter nor a part of the Fire Code of the City of San José: Sections 1.1.1, 1.1.8, 1.1.9, 1.1.10, 101.1, 103.1, 103.3, and 112.

(Ord. 31258.)

Chapter 1, Section 102.3 of the 2025 California Fire Code is amended to read as follows: 102.3.1 An approved automatic sprinkler system shall be provided throughout buildings or structures when an automatic sprinkler system is required per the California Fire Code due to a change of use or occupancy.

(Ord. 31258.)

Chapter 1 Section 105.1.2 of the 2025 California Fire Code is amended to read as follows:

105.1.2 Types of permits. There shall be two types of permits as follows:

Operational permit. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 105.5 for either:

1.1.

A prescribed period. If no period is prescribed, the permit shall be for one year.

1.2.

Until renewed or revoked.

Construction permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is required by Section 105.6.

(Ord. 31258.)

The following subparts of Chapter 1 Section 105.5 of the 2025 California Fire Code are amended to read as follows:

105.5.10 Covered and open mall buildings: An operational permit is required for:

The placement of kiosks, retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall.

The display of liquid-or gas-fired equipment in the mall.

The use of open-flame or flame-producing equipment in the mall.

The use of a covered mall as a place of assembly.

105.5.29 Lithium batteries: An operational permit is required for an accumulation of more than 15 cubic feet (0.42 m³) or more than 1000 pounds of lithium-ion and lithium metal batteries, where required by section 320.2 and section 315.8.

105.5.31 Lumberyards, woodworking and firewood storage: An operational permit is required to store lumber in excess of 100,000 board feet (8,333 ft³/236 m³); or to store fire wood in excess of ten (10) cords; or to conduct woodworking operations involving mass production or involving more than one of each type of machine, or where machines are used continuously (as opposed to intermittently) or substantial products of sawdust may be a problem. See Chapter 28.

105.5.47 Repair garages and motor fuel-dispensing facilities: An operational permit is required for operation of repair garages and automotive, marine and fleet motor fuel-dispensing facilities, including fueling with flammable or combustible liquids, liquefied petroleum gases, compressed natural gas, liquefied natural gas, or hydrogen.

105.5.50 Storage of tires, scrap tires and tire byproducts: An operational permit is required to establish, conduct or maintain outdoor storage of tires, scrap tires and tire byproducts that exceeds 1,000 cubic feet (28 m³) of total volume of scrap tires and for indoor storage of tires and tire byproducts.

(Ord. 31258.)

Chapter 1 Section 105.5.59 of the 2025 California Fire Code is amended to read as follows:

105.5.59.4 Day Care Facility: An operational permit is required to operate any day care home or facility which provides day care for adults or children.

105.5.59.5 High-Rise Buildings: An operational permit is required to operate any high-rise building.

105.5.59.6 Institutions: An operational permit is required to operate any health facility as defined in Section 1250 of the California Health and Safety Code, with an occupant load of more than six (6) persons, or to operate any jail or facility where personal liberties of the occupants are restrained. See California Code of Regulations Title 24 Part 2.

105.5.59.7 Multi-story building: An operational permit is required to operate any building that is not a high- rise building, but has four or more floors. See Section 3.09 of Title 19 of the California Code of Regulations.

105.5.59.8 Residential care facility: An operational permit is required to operate any residential care or service facility, as described in the California Building Code, accommodating more than six (6) persons.

105.5.59.9 Emergency Responder Communications Enhancement System (ERCES): An operational permit is required to operate ERCES and related equipment.

105.5.59.10 Firefighter Air Replenishment System (FARS): An operational permit is required to operate FARS systems and related equipment.

105.5.59.11 Multifamily Residential Building: An operational permit is required to operate any Residential Group R-2 or R-2.1 as defined in CBC 310.3

105.5.59.12 On-Demand Mobile Fueling Operations: An operational permit is required to operate on- demand mobile fueling operations as defined in the 2025 California Fire Code, Section 5707.

(Ord. 31258.)

Chapter 1 Section 109.1 of the California Fire Code is amended to read as follows:

109.1 Inspection Authority. The fire prevention bureau shall have authority to inspect buildings and premises as often as necessary, for the purpose of ascertaining and causing to be corrected, any conditions which could tend to cause fire or contribute to its spread, result in an unauthorized discharge of hazardous materials, or any violation of this Code or any other law or standard affecting fire safety, life safety, or environmental safety.

(Ord. 31258.)