Tehama Municipal Code § 9.14.001 Title

These regulations shall be known as the "Tehama County Fire Safe Regulations," and shall constitute the basic wildland fire protection standards of the County of Tehama, which are intended to be equal to the minimum standards of the California Department of Forestry and Fire Protection ("CAL FIRE") in accordance with California Code of Regulations, Title 14, Section 1270.03.

(Ord. 1537 § 1(part), 1991)

(Ord. No. 2023, §§ 1, 2, 5-3-2016)

These regulations have been prepared and adopted for the purpose of establishing minimum wildfire protection standards in conjunction with building, construction and development in the county. The future design and construction of structures, subdivisions and developments in the county shall provide for basic emergency access and perimeter wildfire protection measures as specified in the following articles. These measures shall provide for emergency access; signing and building numbering; private water supply reserves for emergency fire use; and vegetation modification. The fire protection standards which follow shall specify the minimums for such measures.

(Ord. 1537 § 1(part), 1991)

These regulations do not apply to existing structures, roads, streets and private lanes or facilities. These regulations shall apply as appropriate to all construction within the county approved after October 1, 1991. Affected activities include but are not limited to:

A. Permitting or approval of new parcels, excluding lot line adjustments as specified in Government Code (GC) Section 66412(d).

B. Application for a building permit for new construction, not relating to an existing structure,

C. Application for a use permit,

D. The siting of manufactured homes (manufactured homes are as defined by the National Fire Protection Association, National Fire Code, Section 501A, Standard for Fire Safety Criteria for Manufactured Home Installations, Sites and Communities, Chapter 1, Section 1-2, Definitions, page 4, 1987 edition and Health and Safety Code Sections 18007, 18008 and 19971).

E. Road construction, including construction of a road that does not currently exist, or extension of an existing road.

Exemption: Roads required as a condition of tentative parcel maps prior to the effective date of these regulations; roads for agricultural or mining use solely on one ownership; and roads used solely for the management and harvesting of wood products.

(Ord. 1537 § 1(part), 1991)

Nothing contained in these regulations shall be considered as abrogating the provisions of any other ordinance, rule or regulation of the county providing such ordinance, rule, regulation or general plan element is equal to or more stringent than these minimum standards.

(Ord. 1537 § 1(part), 1991)

This subchapter shall be applied as follows:

A. Each affected county department shall provide the CAL FIRE Unit Chief with notice of applications for building permits, tentative parcel maps, tentative maps, and use permits for construction or development within the county.

B. CAL FIRE will review and make fire protection recommendations on applicable construction or development permits or maps provided by the county.

C. The county officer or legislative body having approval authority shall ensure that the applicable sections of this subchapter become a condition of approval of any applicable construction or development permit or map.

(Ord. 1537 § 1(part), 1991)

(Ord. No. 2023, §§ 3, 4, 5-3-2016)

Inspection shall be made pursuant to Section 9.14.007 by the officer or agency designated pursuant to California Code of Regulations, Title 14, Section 1270.05.

(Ord. 1537 § 1(part), 1991)

(Ord. No. 2023, §§ 5, 6, 5-3-2016)

The inspection authority may inspect for compliance with these regulations. When inspections are conducted, they should occur prior to: the issuance of the use permit; certificate of occupancy; the recordation of the parcel map or final map; the filing of a notice of completion; or the final inspection of any project or building permit.

(Ord. 1537 § 1(part), 1991)

Upon request by the applicant, exceptions to standards within this subchapter and mitigated practices may be allowed by the inspection authority, where the exception provides the same overall practical effect as these regulations towards providing defensible space.

(Ord. 1537 § 1(part), 1991)

Requests for an exception shall be made in writing to the inspection authority by the applicant or the applicant's authorized representative. The request shall state the specific section(s) for which an exception is requested, material facts supporting the contention of the applicant, the details of the exception or mitigation measure proposed, and a map showing the proposed location and siting of the exception or mitigation measure.

(Ord. 1537 § 1(part), 1991)

Where an exception is not granted by the inspection authority, the applicant may appeal such denial to the Tehama County Technical Advisory Committee established pursuant to Section 16.08.030 ("TAC"). The TAC shall utilize an appeal process consistent with existing planning department appeal processes. Before the TAC makes a determination on an appeal, the inspection authority shall be consulted and shall provide documentation outlining the effects of the requested exception on wildland fire protection to the TAC.

If an appeal is granted, the TAC, planning commission, or board of supervisors, as applicable, shall make findings that the decision meets the intent of providing defensible space consistent with these regulations. Such findings shall include a statement of reasons for the decision. A written copy of these findings shall be provided to the CAL FIRE Unit headquarters that administers fire protection in the county.

(Ord. 1537 § 1(part), 1991)

(Ord. No. 2023, §§ 7, 8, 5-3-2016)

"Accessory building" shall mean any building used as an accessory to residential, commercial, recreational, industrial or educational purposes as defined in the California Building Code, 1989 Amendments, Chapter 11, Group M, Division 1, Occupancy that requires a building permit.

"Building" shall mean any structure used or intended for supporting or sheltering any use or occupancy that is defined in the California Building Code, 1989 Amendments, Chapter 11, except Group M, Division 1, Occupancy. For the purposes of this subchapter, building includes mobile homes and manufactured homes, churches and day care facilities.

"CAL FIRE" shall mean California Department of Forestry and Fire Protection.

"CAL FIRE Unit Chief" shall mean Chief of the Tehama-Glenn Unit of CAL FIRE, or his/her designee.

"County" shall mean the County of Tehama.

"Cul-de-sac" shall mean a road which terminates in a permanent turnaround and which by design is not intended to continue beyond its terminal point.

"Dead-end road" shall mean a road that has only one point of vehicular ingress/egress, including cul-de-sacs and looped roads.

"Defensible space" shall mean the area within the perimeter of a parcel, development, neighborhood or community where basic wildland fire protection practices and measures are implemented, providing the key point of defense from an approaching wildfire or defense against encroaching wildfires or escaping structure fires. The perimeter as used in this regulation is the area encompassing the parcel or parcels proposed for construction and/or development, excluding the physical structure itself. The area is characterized by the establishment and maintenance of emergency vehicle access, emergency water reserves, street names and building identification, and fuel modification area measures.

"Development" shall mean as defined in Section 66418.1 of the California Government Code.

"Driveway" shall mean a vehicular access that serves no more than two buildings, with no more than three dwelling units on a single parcel, and any number of accessory buildings.

"Dwelling unit" shall mean any building or portion thereof which contains living facilities, including provisions for sleeping, eating, cooking and/or sanitation for not more than one family.

"Exception" shall mean an alternative to the specified standard requested by the applicant that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions such as recorded historical sites, that provides mitigation of the problem.

"Fuel modification area" shall mean an area where the volume of flammable vegetation has been reduced, providing reduced fire intensity and duration.

"Greenbelts" shall mean a facility or land-use, designed for a use other than fire protection, which will slow or resist the spread of a wildfire. Includes parking lots, irrigated or landscaped areas, golf courses, parks, playgrounds, maintained vineyards, orchards or annual crops that do not cure in the field.

"Hammerhead/T" shall mean a roadway that provides a "T" shaped, three-point turnaround space for emergency equipment, being no narrower than the road that serves it.

"Hydrant" shall mean a valved connection on a water supply/storage system, having at least one two and one-half inch outlet, with male American National Fire Hose Screw Threads (NH) used to supply fire apparatus and hoses with water.

"Occupancy" shall mean the purpose for which a building or part thereof, is used or intended to be used.

"One-way road" shall mean a minimum of one traffic lane width designed for traffic flow in one direction only.

"Roads, streets, private lanes" shall mean vehicular access to more than one parcel; access to any industrial or commercial occupancy; or vehicular access to a single parcel with more than two buildings or four or more dwelling units.

"Roadway" shall mean any surface designed, improved, or ordinarily used for vehicle travel.

"Roadway structures" shall mean bridges, culverts, and other appurtenant structures which supplement the roadway bed or shoulders.

"Same practical effect," as used in this subchapter, shall mean an exception or alternative with the capability of applying accepted wildland fire suppression strategies and tactics, and provisions for fire fighter safety, including:

A. Access for emergency wildland fire equipment,

B. Safe civilian evacuation,

C. Signing that avoids delays in emergency equipment response,

D. Available and accessible water to effectively attack wildfire or defend a structure from wildfire, and

E. Fuel modification area sufficient for civilian and fire fighter safety.

"Shoulder" shall mean roadbed or surface adjacent to the traffic lane.

"Structure" shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

"Subdivision" shall mean as defined in Section 66424 of the Government Code.

"Traffic lane" shall mean the portion of a roadway that provides a single line of vehicle travel.

"Turnaround" shall mean a roadway, unobstructed by parking, which allows for a safe opposite change of direction for emergency equipment. Design of such area may be a hammerhead/T or terminus bulb.

"Turnout" shall mean a widening in a roadway to allow vehicles to pass.

"Vertical clearance" shall mean the minimum specified height of a bridge or overhead projection above the roadway.

"Wildfire" shall mean as defined in Public Resources Code Sections 4103 and 4104.

(Ord. 1537 § 1(part), 1991)

(Ord. No. 2023, §§ 9, 10, 5-3-2016)

All specified or referenced distances are measured along the ground, unless otherwise stated.

(Ord. 1537 § 1(part), 1991)

To ensure continued maintenance of properties in conformance with these standards and measures and to assure continued availability, access, and utilization of the defensible space provided for in these standards during a wildfire, provisions for annual maintenance shall be included in the development plans and/or shall be provided as a condition of the permit, parcel or map approval.

(Ord. 1537 § 1(part), 1991)

There is hereby imposed a fee for the following inspections and in the following amounts, such fee to reflect the actual cost with the respective inspections:

A. Fire safety clearance inspection $81.00

B. Fire safety standards inspection $65.50/unit

C. Public report on subdivision to state department of real estate and will-serve statements $37.00

D. On-site fire protection systems

1. Fire pump $113.50

2. Underground fire mains 130.00

3. Fire sprinkler systems 183.00

4. Fixed extinguisher system 130.00

5. Fire alarm system 146.00

6. Demand inspections (insurance, etc.) 32.00/Hr.

7. Hydrant flow test 84.00

8. Retail firework sale 117.00

9. Consultation fees 32.00/Hr.

10. After-hours inspection request 48.00/Hr.

11. Plan check, review requested by governmental agency or department 32.00/Hr.

E. Environmental impact report $32.00/Hr.

F. Amendments to plans after approval $32.00/Hr.

(Ord. 1561 § 1, 1992)