Sutter County Municipal Code Ch. 600 Fire Prevention and Regulation

Footnotes:

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Editor's note— Ord. No. 1742, § 1, adopted February 10, 2026, amended Chapter 600 in its entirety to read as herein set out. Former Chapter 600, §§ 600-010—600-270, pertained to the same subject matter and derived from Ord. No. 1703, § 1, adopted January 24, 2023.

The International Fire Code, 2024 Edition, as approved by the Building Standards Commission with State Amendments, known as the 2025 California Fire Code, California Code of Regulations, Title 24, Part 9, is hereby approved.

(Ord. No. 1742, § 1, 2-10-2026)

The provisions of this chapter are reasonably necessary because of local climatic, geographic, and topographical conditions. These findings are made pursuant to Health and Safety Code Section 17958.7 and based upon evidence presented to the board of supervisors.

(Ord. No. 1742, § 1, 2-10-2026)

The 2025 California Fire Code, including Appendix Chapter 4 and Appendix A, B, BB, C, CC, D, E, F, G, H, I, J, and P, as amended by this Chapter, is hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion, and the California Fire Code, as amended by this Chapter, and all the provisions thereof are hereby adopted and incorporated as fully as if set out at length herein, and the provisions of such California Fire Code, as amended by this Chapter, shall be in effect in the unincorporated territory of the County.

(Ord. No. 1742, § 1, 2-10-2026)

A. The California Fire Code adopted by the preceding section may be enforced by the County Fire Services Manager and the members of the County Fire Department under the supervision of the County Fire Services Manager. Whenever any powers or duties are given to the bureau of fire prevention in the code or in any other law, those powers or duties shall be exercised by the County Fire Services Manager and the County Fire Department under his supervision.

B. The County Fire Services Manager, or any of his agents or deputies, and the fire chief of any fire district and their fire departments, are hereby authorized to administer and enforce the provisions of this chapter within their respective jurisdictions.

(Ord. No. 1742, § 1, 2-10-2026)

A. Whenever the word "Jurisdiction" is used in the California Fire Code, it shall be held to mean the County of Sutter.

B. Whenever the term "Corporate Counsel" is used in the California Fire Code, it shall be held to mean the County Counsel or the District Attorney of the county, whichever is appropriate.

C. Whenever the words "Fire Chief", "Fire Prevention Officer," "Chief of The Bureau of Fire Prevention", "Fire Marshall", or "County Fire Chief" are used in the California Fire Code or this chapter, they shall be held to mean the "County Fire Services Manager".

D. Whenever the reference is made in the California Fire Code to a municipal officer, it shall be held to include the appropriate county officer exercising the same or similar powers and duties.

E. Whenever the words "Police Chief" are used in the California Fire Code, they shall be held to mean the Sutter County Sheriff.

(Ord. No. 1742, § 1, 2-10-2026)

The limits referred to in Chapter 57, Sections 5704 and 5706 of the California Fire Code in which the storage of flammable or combustible liquids is restricted are hereby established as follows:

Such use is prohibited in all zones of the unincorporated areas of the County except as hereinafter named zones as follows:

A. In GC Zone (General Commercial)

B. In CM Zone (Commercial Industrial)

C. In M-1 Zone (Light Industrial)

D. In M-2 Zone (General Industrial)

E. In EC Zone (Employment Corridor)

F. In agricultural zones where the minimum lot size is five acres or more and the particular zone encompasses a contiguous area of not less than 50 acres and where the use will not unreasonably endanger adjoining property as determined by the Fire Services Manager.

(Ord. No. 1742, § 1, 2-10-2026)

The limits referred to in Chapter 58, Section 5804 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows:

When the aggregate capacity of any one installation exceeds a 2,000-gallon water capacity, such use is prohibited in all zones of the unincorporated areas of the County except in the hereinafter named zones:

A. In M-2 Zones

B. In AG Zones

(Ord. No. 1742, § 1, 2-10-2026)

Such use is prohibited in all zones of the unincorporated area of the County except in the hereinafter named zones:

A. In AG Zones

B. In M-2 Zones with written approval from the County Fire Services Manager which shall state any restrictions and conditions on said approval.

(Ord. No. 1742, § 1, 2-10-2026)

Such use is prohibited in all zones of the unincorporated area of the County except as hereinafter named zones:

A. In Agricultural Zones

B. In M-2 Zones

(Ord. No. 1742, § 1, 2-10-2026)

Chapter 2 of the California Fire Code is hereby amended by the addition thereto, in the proper alphabetical sequence, of the following definition:

"Ordinance, as used herein, shall include the ordinances of the County of Sutter and the California Fire Code, 2025 Edition, and any amendments thereto."

(Ord. No. 1742, § 1, 2-10-2026)

Subsections 307.1, 307.2.1, 307.4, 307.4.2, and 307.5 of the California Fire Code are hereby amended to read as follows:

Section 307.1 General

A person shall not kindle or maintain or authorize to be kindled or maintained any open burning or recreational fire unless conducted and approved in accordance with Sections 307.1.1 through 307.5.

Section 307.2.1 Authorization

Except as provided under Health and Safety Code section 41801, prior to the commencement of any open burn or recreational fire, the person or entities proposing to burn shall have obtained written permits from a fire department when required, in the county having jurisdiction over the site and the Feather River Air Quality Management District (FRAQMD). Both the fire department and FRAQMD shall be notified and permission to burn shall be obtained from each on the day of the proposed burn. In addition, an Agricultural Burn Allocation shall be obtained from the FRAQMD prior to commencement of any agricultural burn in accordance with its regulations.

Section 307.4 Location

3. Not less than 15 feet when conducting an agricultural field burn with a bare earth fire break of 10 feet and vegetation standing no higher than 2 feet.

Section 307.4.2 Recreational Fires

Recreational Fires are allowed without a permit at the Live Oak Park or on private property with an owner's consent under the following circumstances:

1. Recreational fires shall not be conducted within 25 feet of a structure or combustible material unless in an approved appliance with a clearly visible manufacturer's listing and installed per manufacturer's listing. Conditions which could cause a fire to spread within 25 feet shall be eliminated prior to ignition.

2. Fires shall be limited to three feet in diameter and two feet in height.

3. Only dry, seasoned wood may be burned. Construction scraps, green wood, shrub trimmings, leaves, and other refuse are prohibited for use as fuel.

4. Portable outdoor fireplaces. Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet of a structure or combustible material.

Section 307.5 Attendance

Burning material shall be constantly attended by a person knowledgeable in the use of the fire-extinguishing equipment required by Section 307.5 and familiar with the permit limitations which restrict open burning and recreational fires. The attendant shall have communication equipment such as a radio, cellular phone, or telephone immediately available and have the knowledge and ability to notify the fire department in case of an emergency. An attendant shall supervise the burning material until the fire has been extinguished, or is safe to leave.

(Ord. No. 1742, § 1, 2-10-2026)

Subsections 5706.2, and 5706.2.2 of the California Fire Code are hereby amended to read as follows:

Chapter 57, Section 5706.2 Storage and Dispensing of Flammable and Combustible Liquids on Farms and Construction Sites

Permanent and temporary storage and dispensing of Class I and II liquids for private use on farms and at businesses in rural areas and at construction sites, earth-moving projects, gravel pits or barrow pits shall be in accordance with Sections 5706.2.1 through 5706.2.8.1.

Chapter 57, Section 5706.2.2 Marking of Tanks and Containers

Tanks and containers for the storage of liquids aboveground shall be conspicuously marked with the name of the product which they contain and FLAMMABLE - KEEP FIRE AND FLAME AWAY. Tanks shall bear the additional marking KEEP 50 FEET FROM BUILDINGS.

(Ord. No. 1742, § 1, 2-10-2026)

Section 305 of the California Fire Code is hereby amended by the addition thereto, of the following section:

Section 305.5 Spark Arresters

Chimneys used in conjunction with fireplaces, barbecues, or heating appliances in which solid or liquid fuel is used, upon buildings, structures or premises located within 200 feet (60 960 mm) of hazardous fire areas, shall be provided with a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed ½ inch (12.7 mm).

All persons using or operating any internal combustion engine operated on hydrocarbon fuels or using mobile equipment of any kind or nature shall comply with the requirements of Section 4442 and 4443 of the California Public Resources Code and any amendments or additions thereto.

(Ord. No. 1742, § 1, 2-10-2026)

Not less than three certified copies of the California Fire Code adopted by Section 600-020 and three certified copies of each of the secondary codes adopted by reference by the California Fire Code shall be filed in the Office of the Clerk of the Board of Supervisors. At least two of such sets of certified copies of that Code shall be kept at his office for public inspection while this chapter is in force. The third set of certified copies of such does shall be kept in the office of the County Fire Services Manager and shall be available for public inspection while this chapter is in force. The Clerk of the Board of Supervisors and the County Fire Services Manager shall at all times maintain a reasonable supply of copies of each of the primary and secondary codes available for purchase by the public, at a moderate price, not to exceed the actual cost thereof to the County.

(Ord. No. 1742, § 1, 2-10-2026)

Except as otherwise expressly provided herein, no person, firm, or corporation shall use a fire hydrant within the unincorporated territory of the County of Sutter or make any connections thereto for any purpose other than firefighting purposes, without first obtaining a written permit to do so from the County Fire Services Manager.

No person, firm, or corporation shall damage or obstruct any fire hydrant within the unincorporated territory of the County of Sutter.

Fire Hydrants and valves may be used without first obtaining a permit from the County Fire Services Manager in those cases where the County does not pay a "stand-by charge" to such water company or water agency, and where the County did not pay for the hydrants or pipe lines concerned, provided, however, that the County Fire Services Manager may at any time order such use to be terminated forthwith for fire suppression reasons.

(Ord. No. 1742, § 1, 2-10-2026)

Any other provisions of the California Fire Code, and particularly Chapter 3, Section 307.2 to the contrary notwithstanding, any fire department in the County within its jurisdiction may issue permits for commercial or industrial burning of combustible waste matter, or the burning of standing vegetation, or project burning, or burning for range improvement or land clearing during hours other than those provided for in the California Fire Code upon finding that such burning is necessary and it cannot be done within the prescribed hours in order to accomplish one or more of the purposes set forth at Health and Safety Code section 41801(a) through (g). Such exemption shall be only for non-continuing uses and the permit shall specify the hours during which the burning may be permitted. The permittee shall not burn at any other time under the permit than at the times therein authorized. The permittee shall not conduct any open agricultural burn or commercial property burn of vegetative material unless the permittee has first: (1) obtained a written permit to do so from the Feather River Air Quality Management District; (2) notified FRAQMD and a fire department having jurisdiction over the site; and (3) obtained an Agricultural Burn Allocation from FRAQMD on the day of any proposed agricultural burn.

In any such permit, the County Fire Services Manager may impose any reasonable conditions to protect the public safety, and it shall be unlawful for the permittee or any other person to violate or not comply with such conditions and, upon such violation or noncompliance, in addition to other remedies, the permit may be summarily revoked.

(Ord. No. 1742, § 1, 2-10-2026)

The County Fire Services Manager may clear or order the clearing of land, or remove or order the removal of dry grass, stubble, brush, rubbish, litter or other inflammable materials if in his judgment, the inflammable materials endanger the public safety by creating a fire hazard. The provisions of Part 5, Division 12 of the Health and Safety Code of the State of California are made applicable to the County of Sutter and the procedure set forth therein shall apply to dry grass, stubble, brush, rubbish, litter or other flammable material which endangers the public safety by creating a fire hazard.

(Ord. No. 1742, § 1, 2-10-2026)

This Chapter may be enforced by the County Fire Services Manager or any of his agents or deputies and the Fire Chief of any fire district or any Police Officer by any procedure authorized by law including the preparation in duplicate or a written notice to appear in court containing the name and address of such person, the offense charged and the time and place such person shall appear in court as follows:

A. The time specified in said notice to appear must be at least ten days after date of notice.

B. The place specified in said notice to appear shall be the Sutter County Superior Court, 1175 Civic Center Boulevard, Yuba City, California 95993.

C. Said enforcing officer shall deliver one copy of said notice to appear to the cited person and said cited person must give his written promise to appear in court by signing the duplicate notice which shall be retained by the enforcing officer.

D. Said enforcing officer shall as soon as practicable, but not exceeding one-year, file said duplicate notice with the court specified therein.

(Ord. No. 1742, § 1, 2-10-2026)

A. Any person who violates any of the provisions of the California Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the fire chief or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of an infraction punishable as follows: a fine not exceeding one hundred dollars ($100.00) for a first violation; a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one year; a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same provision within one year and may be subject to administrative penalties, civil penalties, abatement orders, or injunctive relief in an action brought pursuant to Health and Safety Code section 42403 or other applicable provision of law. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 day period that prohibited conditions are maintained shall constitute a separate offense.

B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(Ord. No. 1742, § 1, 2-10-2026)