Chapter 1 — SCOPE AND ADMINISTRATION

(1)

California Fire Code, Division II, Section 101.1 is amended to read:

101.1 Title. These regulations shall be known as the Sonoma County Fire Code, hereinafter referred to as "this Code."

(2)

California Fire Code, Division II, Section 101.6 is added to read:

101.6 Policy Manual. The Sonoma County Fire Prevention Policy Manual shall serve as a supplemental instruction and interpretation manual for this code and is hereby adopted by reference. The fire code official is responsible to amend this manual as necessary to maintain current instruction and interpretations. The information contained in the policy manual shall not be construed to make new code requirements not authorized by this ordinance.

(3)

California Fire Code, Division II, Section 102.4, is amended to read:

102.4 Application of Building Code. The design and construction of new structures shall comply with the 2022 California Building Code, Volumes 1 and 2, the 2022 California Historical Building Code, the 2022 California Existing Building Code and the 2022 California Residential Code, as adopted and amended by the County of Sonoma, and any alterations, additions, changes in use or changes in structures required by this Code, which are within the scope of the aforementioned codes, shall be made in accordance therewith.

(4)

California Fire Code, Division II, Section 103.1, is amended to read:

103.1 Creation of Agency. The Division of Fire Prevention within the Fire Prevention and Hazardous Materials Division is hereby created and the official in charge thereof shall be known as the fire code official. The function of the division shall be the implementation, administration and enforcement of the provisions of this Code.

(5)

California Fire Code, Division II, Section 105.4.1 is added to read:

105.4.1 Revocation Procedure. Revocation of any permit issued under this Code shall only occur after written notice of the violation has been given by the Fire Warden / Fire Marshal to the permittee at his or her last place of residence as shown on the permit or certificate, which notice shall order the permittee to either correct the violation within ten (10) days or appear before the local Fire Chief, unless the local fire protection district issues a written notice electing to have the County Fire Warden / Fire Marshal hear the matter, at a date and time certain to show cause why the permit or certificate should not be modified, revoked or suspended. At the hearing before the Fire Warden / Fire Marshal, the permittee shall have an opportunity to appear and be heard on the question of whether the permit issued to him should be revoked or suspended. Upon conclusion of the hearing or as soon thereafter as practicable, the chief shall issue a decision in writing to the permittee determining whether to modify, revoke or suspend the permit. Any interested person may appeal the Fire Warden / Fire Marshal's decision to the Board of Appeals. All appeals shall be filed in writing with the Fire Warden / Fire Marshal within ten (10) calendar days of the date of the decision being appealed.

(6)

California Fire Code, Division II, Section 105.5.54 is amended to read:

105.5.54 Additional Permits. In addition to the permits required by Section 105.6, the following permits shall be obtained from the division of fire prevention prior to engaging in the following activities, operations, practices or functions:

Production facilities. To change use or occupancy, to allow the attendance of a live audience, or for wrap parties.

Pyrotechnics and special effects. To use pyrotechnic special effects, open flame, use of flammable or combustible liquids and gasses, welding and the parking of motor vehicles for the purpose of motion picture, television and commercial production.

Live audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 48.

Apartment, hotel, motel, vacation rental. An operational permit is required to operate an apartment house, hotel, motel, or vacation rental.

Bonfires or rubbish fires. An operational permit is required to kindle or authorize the kindling or maintenance of bonfires or rubbish fires.

Emergency responder radio coverage system. An operational permit is required for buildings and/or facilities with emergency responder radio coverage systems and related equipment.

High-rise building. An operational permit is required to operate a high-rise building as defined in the Building Code.

Cannabis. An operational permit is required to operate a medical cannabis facility or Cannabis operation listed below when allowed by state law and Local Zoning Ordinance:

a.

Cultivation

b.

Distribution

c.

Manufacturing

Organized camps. An operational permit is required to operate an organized camp (Group C occupancy).

Special Event Permit. A permit is required for any organized processing or assemblage of 50 or more people, which could significantly impact vehicular traffic or create a safety problem. Examples include, but are not limited to: music festivals, elevated stages, outdoor markets, circus, walkathons, runs, marathons, trail rides, bicycle races, celebrations, parades and similar activities.

Winery caves - publicly accessible. An operational permit is required to operate a Type-2 or Type-3 winery cave that is accessible to the public.

Certified Unified Program Agency Permit. An operational permit is required to operate any facility described in Chapter 29 and shall be required by the local fire chief from the County of Sonoma CUPA Division.

(7)

California Fire Code, Division II, Section 105.6.25 is added to read:

105.6.25 Additional Construction Permits. In addition to the permits required by Section 105.6, the following construction permits shall be obtained from the division of Fire Prevention prior to starting construction:

Fire apparatus access roads. A construction permit is required for installation or modification of roadways and roadway structures used for fire apparatus access roads.

Excavation near flammable or combustible liquid pipeline. A construction permit is required to excavate or do any work below grade within ten (10) feet of any pipeline for the transportation of flammable or combustible liquid.

Gates. A construction permit is required for the installation of security gates across a fire apparatus access road.

(8)

California Fire Code, Section 107.6, is added to read:

107.6 Cost Recovery. Fire suppression, investigation or emergency medical costs are recoverable in accordance with 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 traffic accident, spill of toxic or flammable or combustible fluids or chemicals is liable for 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 Sonoma County Fire, any Local Fire District and Volunteer Fire Company for securing such emergency shall constitute a debt of such person(s) and shall be collectable by the Department in the same manner as in the case of an obligation under contract, expressed or implied.

(9)

California Fire Code, Division II, Section 112.4, is amended to read:

112.4 Violation Penalties. Persons who shall violate a provision of this Code or shall fail to comply with any requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code official, or of a permit or certificate used under provisions of this Code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment not exceeding six months, or both such fine and imprisonment, or administratively of not less than one thousand dollars ($1,000.00). Each day that a violation continues after due notice has been served shall be the case of an obligation under contract, expressed or implied.

(10)

California Fire Code, Division II, Section 113.4 is amended to read:

112.5 Authority to Issue Citations. The Chief and members of the Fire Prevention Bureau who have 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 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 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.

(11)

California Fire Code, Division II, Section 113.4 is amended to read:

113.4 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 a fine of not less than $100.00 dollars and not more than $500.00 dollars. A person shall be fined for each day he or she continues to work after having been served with a stop work order.