Chapter 3.08 — FIRE PREVENTION CODE

Section 3.08.010 Adoption of fire codes, regulations and standards 3.08.020 Establishment and duties of Bureau of Fire Prevention. 3.08.030 Definitions. 3.08.040 Dangerous and illegal fireworks. 3.08.070 Amendments to the California Fire Code (CFC). 3.08.080 Safe and sane fireworks. 3.08.090 Appeals.

3.08.100 Penalties. 3.08.110 Repeal of conflicting ordinances.

The city hereby adopts and incorporates into this code, as if fully set forth at length herein except as modified or amended by § 3.08.070, the following fire codes, standards and regulations to be controlling within city limits: (A) The 2025 California Fire Code (CFC), which is drafted in the image of the 2024 International Fire Code (IFC), and which is found in the California Code of Regulations, Title 24, part 9, including Appendices A through Q. (1995 Code, § 3.08.010) (Ord. 2025-15, passed 12-16-2025; Ord. 2022-17, passed 12-20-2022; Ord. 19-11, passed 12-3- 2019; Ord. 16-12, passed 11-1-2016; Ord. 13-07, passed 12-3-2013; Ord. 10-21, passed 12-7-2010; Ord. 07-30, passed 12-18-2007; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

The California Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the city, which is hereby established, and which shall be operated under the supervision of the Fire Marshal. (1995 Code, § 3.08.020) (Ord. 2025-15, passed 12-16-2025; Ord. 2022-17, passed 12-20-2022; Ord. 19-11, passed 12-3- 2019; Ord. 16-12, passed 11-1-2016; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DANGEROUS AND ILLEGAL FIREWORKS. All fireworks not defined and classified as “safe and sane” under the provisions of Cal. Code of Regulations, Title 19 et seq. JURISDICTION. Where the word is used in the California Fire Code, it shall mean the “City of Tulare.” (1995 Code, § 3.08.030) (Ord. 2025-15, passed 12-16-2025; Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12- 21-2021; Ord. 19-11, passed 12-3-2019; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

(A) In order to enforce this chapter, only visual verification is required by an enforcement officer of where the offense occurred. Any person observed possessing dangerous or illegal fireworks, or accepting responsibility, may be issued a citation. In all other instances, any adult person legally entitled to reside at the location where it is reasonably believed dangerous or illegal fireworks originated may be cited. (B) In addition to any other remedy, penalty, or punishment stated herein or authorized by state law, each person who possesses or causes to be ignited dangerous or illegal fireworks, or violates any other provision of state law, as it relates to the sale, possession, or use of dangerous and illegal fireworks shall be subject to the imposition of an administrative fine. The schedule of administrative fines for such violations shall be imposed as per division (D) below. (C) Persons in possession of dangerous and illegal fireworks in excess of 5,000 pounds shall be punishable under Cal. Health and Safety Code § 12700(b)(4). Persons in possession of “destructive devices” as defined in Cal. Penal Code § 16460, shall be punishable under Cal. Penal Code § 18710. (D) Each person who violates any section of this code shall be subject to the administrative fine as provided below:

Number of Offenses Amount of Fine First violation $2,000 Second violation $3,000 Third and all subsequent violations $4,000 Possession for sale $10,000

(E) For purposes of calculating the fine amount as specified in this section, the number of offenses shall include every documented instance within a 36-month period. (F) Fines collected pursuant to this section shall be utilized for the safe disposal of confiscated fireworks, public outreach to prevent the possession or use of illegal fireworks and for the continued enforcement of this section. (G) Any duly appointed City of Tulare employee, as specified in this code, having the authority to issue an administrative

citation, may lawfully enforce the provisions of this section. (H) Any person wishing to appeal a citation as issued per this section, shall follow the procedures as established in §§ 1.61.010 and 3.25.010 of this code. An advanced deposit of 50% of the fine levied shall be required. This shall not preclude an appellant the right to apply for a hardship. (Ord. 2025-15, passed 12-16-2025; Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12-21- 2021)

The following sections of the 2025 California Fire Code (CFC) are amended and modified, for purposes of this chapter, as follows: 105.6.32.34 Open Burning. An operational permit is required for any open burning, which has been approved by the San Joaquin Valley Air Pollution Control District. Prohibited Open Burning. Notwithstanding other provision, open burning is prohibited as follows: 3. The fire code official is authorized to order the immediate extinguishment of any unauthorized open burning and may issue administrative citations and seek to recover costs in accordance with Sections 1.61 and 3.25 of this Code. 903.3.7 Fire Department Connections. Fire department connections for automatic fire sprinkler systems shall be installed a minimum of 10 feet away from the exterior walls of the structure and be located within 50 feet of a fire hydrant unless otherwise approved by the fire code official. A101.3 The board of appeals shall consist of five fire code officials, or their designee, from the following jurisdictions: Tulare County Fire, Kings County Fire, Visalia, Porterville, Dinuba and Fresno City. The City of Tulare fire code official shall serve as an ex officio and this appeals board shall only convene as needed. C103.3 Maximum spacing. The maximum spacing between fire hydrants shall be 500 feet for residential development and 300 feet in commercial and multi-family developments. CC105.1 The average spacing between fire hydrants shall not exceed 300 feet for any school building. D103.5(l) Where a single gate is provided, the gate width shall be not less than 20 feet. Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 16 feet. D106.1 Projects having more than 50 dwelling units. Multiple-family residential projects having more than 50 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads. The following list of CFC sections are not adopted by the City of Tulare and are hereby deleted: 307 Chapter 36 A101.3.2 A101.3.3 D106.1 Exception D106.2 D107.1 Exception 1 (1995 Code, § 3.08.070) (Ord. 2025-15, passed 12-16-2025; Ord. 2022-17, passed 12-20-2022; Ord. 19-11, passed 12-3- 2019; Ord. 16-12, passed 11-1-2016; Ord. 15-01, passed 9-15-2015; Ord. 13-07, passed 12-3-2013; Ord. 11-04, passed 6- 7-2011; Ord. 07-30, passed 12-18-2007; Ord. 06-2009, passed 3-21-2006; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

(A) Condition of sale. It is unlawful for any person, firm, corporation, association or organization to sell, or offer for sale, any fireworks within the city, except as expressly permitted under the terms of and for the time period set forth in this section. (B) Time of sale. Subject to the provisions of the State Fireworks Law (Cal. Health and Safety Code, Division II, Part 2 and §§ 12500 through 12637), and the provisions of this code and Cal. Health and Safety Code § 12599.5, “safe and sane” fireworks as defined in Cal. Health and Safety Code § 12529, may be sold within the city beginning at 12:00 p.m. on June 28 through 11:00 p.m. July 4 (hereinafter “days of sale”). The daily hours of sale on days of sale shall be 9:00 a.m. to 11:00 p.m. Pyrotechnic displays may deviate from these restrictions subject to applicable provisions of the Cal. Health and Safety Code and provided they are approved by the Fire Chief or their designated representative. (C) Permit required. No person, firm, association, corporation or organization shall sell fireworks within the city without first having obtained a permit thereof (“fireworks permit”). Prior to issuance of a permit, the requesting party shall fulfill all

municipal licensing requirements and fire safety conditions outlined by the Fire Department. All permit applications shall be received in the Fire Marshal’s office by no later than 5:00 p.m. on May 1 of each year. Each sales booth must obtain its own permit. (D) Information required for application. Each applicant for such permit shall file a written application within the Bureau of Prevention including: (1) Tulare Fire Department fireworks application form; (2) Property use agreement form with required signatures; (3) Certificate of liability insurance; (4) State Fire Marshal fireworks retail license; and (5) Copy of the organization’s non-profit status, such as 501(c)(3) filing. (E) Qualified organization. Permits shall only be granted to nonprofit organizations, corporations or local community service organizations organized primarily for veteran, patriotic, welfare, civic betterment or charitable purposes (hereinafter “qualified organization”), which can demonstrate that a majority of their financial resources and manpower are donated to projects of benefit to the total community within the city limits of Tulare. (F) Number of available firework permits. (1) The total number of fireworks permits available to the public shall be determined by one booth for every 4,500 persons residing within the city as determined by the Planning Department population statistics. (2) (a) Once approved for a fireworks permit, a qualified organization shall maintain the right to that permit from year to year unless terminated by any of the following: 1. A failure to engage in the business of retailing safe and sane fireworks in the city during the prior calendar year; 2. A safety violation that in the determination of the Fire Department created or had the potential to create a danger to the public; 3. A failure to maintain the requirements of this section; or 4. Any other violations of federal, state, or local law. (b) Such termination is immediate. An appeal may be made to the City Council by giving notice to the City Manager within five days of receipt of notice of revocation. (3) If a permit becomes available, either due to termination, voluntary relinquishment, or an increase in population, a notice shall be posted publicly for a two-week application process. All completed applications will be reviewed and one eligible organization will be selected randomly by the City Clerk’s office to fill the vacancy. Applications can be picked up at either the Fire Department or the City Clerk’s office. All completed applications must be turned in to the City Clerk’s office by the date and time specified in the public notice. (G) Application insurance requirements. Each applicant for a permit shall provide, prior to the issuance of any permit, a policy of public liability insurance with coverage of at least $1,000,000. (H) Fees. (1) Prior to issuance of a fireworks permit, a permit fee, as determined by the current fee schedule for fireworks booth investigation, must be tendered to the city upon receipt of permit. (2) A $50 safety clean-up fee is required for each organization approved to sell. This fee is forfeited to the city in the event that the sales booth site is not left in a clean and orderly condition. Organizations forfeiting this fee must resubmit this fee prior to being permitted to sell the following year. (I) Identification of fireworks booth locations. (1) Each application shall contain a description of the site desired. Written permission of the property owner must be included in the application. (2) No booth shall be within 100 feet of any flammable liquid storage. (3) No booth shall be placed closer than 30 feet to any building or structure. (4) No booth shall be placed within 400 feet of another booth. (J) Fireworks booth construction. (1) All retail sales of fireworks shall be permitted only from within a temporary fireworks booth. The sale from any other building or structure is hereby prohibited. (2) Fireworks booths need not comply with provisions of the Uniform California Building Code; provided the booth is erected under the supervision of the local Building Inspector who shall require the booth be constructed in a manner which will, reasonably, ensure the safety of attendants and patrons.

(3) Each booth shall have a minimum of two exit doors. (4) All lighting appliances used in the booth must be safe and in good condition, all bulbs or fluorescent tubes must be shielded against accidental breakage or contact. No heating devices of any kind are permitted in or near fireworks booths. (5) All electrical wiring, including the power source, shall be installed to the satisfaction of the Building Inspector. Electrical wiring shall be at least 12 feet above the ground when subject to foot traffic, and 16 feet above the ground when subject to vehicle traffic. (K) Operational requirements. (1) No person other than a member of the licensee organization will be permitted to sell or otherwise participate. (2) All permits are non-transferable. (3) All persons engaged in the selling of fireworks shall be over the age of 18 years. At least one person 21 years of age or older must be in attendance and in charge during the hours of booth operation. (4) The hours of operations shall be limited as identified in division (B) of this section. (5) Fireworks may be sold at the booth only. (6) No sale or delivery thereof shall be made to any person under 16 years of age in accordance with Cal. Health and Safety Code § 12689(b). (7) All permits and licenses shall be posted inside the booth. (8) Broken or damaged fireworks are not to be sold. The items will be collected and a receipt issued so credit may be received from the vendor. (L) Safety and security. (1) Each stand shall be provided with two fire extinguishers, rated 2A10BC or better. Such equipment is to be serviceable and accessible during all business hours. (2) No smoking is allowed within 50 feet of any booth. (3) “No Smoking” signs shall be placed on all exterior sides of each booth and one such sign shall be posted within the booth. (4) All weeds and combustible material shall be cleared from the location of the stand or within 30 feet thereof. (5) No person shall light or cause to be lit any fireworks or other combustible article within 200 feet thereof. (M) Permit revocation. (1) If, in the judgment of the Fire Chief or his or her agent or the Building Inspector or his or her agent, the construction of the booth or the conduct of the operation therein do not conform to the provisions of this section or if in any way the operation of the stand poses a threat to public safety, such officers or either of them, may have the permit revoked and/or the booth immediately closed. (2) No person shall sell, store, hold or possess any fireworks classified as dangerous, including firecrackers, rockets or the like, from or within any booth. If such is discovered, the permit will be revoked and the booth immediately closed. (3) Failure to remove all traces of the booth and/or any debris resulting from the operation thereof within 48 hours of the close of business on July 6, shall result in the loss of the cleanup security deposit. (4) A minimum of one representative from each organization must attend the annual safety meeting, provided by their respective fireworks vendor. Any organization failing to have a representative at this meeting will suffer loss of their permit. (Ord. 2025-15, passed 12-16-2025; Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1-2016; Ord. 18-06, passed 10-2-2018)

Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Marshal to the Board of Appeals within 30 days from the date of the decision appealed. (1995 Code, § 3.08.090) (Ord. 2025-15, passed 12-16-2025; Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12- 21-2021; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

(A) Except as specified below, any person who violates any of the provisions of this code or standards hereby adopted 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 city or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000 or by imprisonment not exceeding six months or by both the fine and imprisonment. 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 ten days that prohibited conditions are maintained shall constitute a separate offense. (B) (1) In addition to any other remedies, penalties, or punishments stated herein, and to the fullest extent permitted by law, any person who violates any of the provisions of this code or standards shall also be responsible for all costs associated with the safe disposal of all confiscated fireworks as well as all expenses, costs, fees and fines associated with the investigation of the charges. (2) The city shall provide cost reimbursement to the State Fire Marshal if required pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal’s cost for the transportation and disposal of dangerous and illegal fireworks seized by the city, which costs will be part of any administrative fine imposed. However, such cost reimbursement shall not be required unless and until the State Fire Marshal provides services for the disposal of dangerous and illegal fireworks. (3) If the administrative fee, costs, or the cost of removal are charged against either 1) the owner of a parcel of land pursuant to this section; or 2) the person cited pursuant to § 3.08.040 who is also the property owner where the citation was given, and said fees, costs, or costs of removal are not paid within 30 days of the date of the order, or the final disposition of an appeal therefrom, such costs may be assessed against the parcel of land pursuant to Cal. Gov’t Code § 38773.5 and may be transmitted to the tax collector for collection. Said assessment shall have the same priority as other city taxes. (C) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (1995 Code, § 3.08.100) (Ord. 2025-15, passed 12-16-2025; Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12- 21-2021; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)

All ordinances and parts of ordinances in conflict with the provisions of this chapter are hereby repealed. (1995 Code, § 3.08.110) (Ord. 2025-15, passed 12-16-2025; Ord. 2022-17, passed 12-20-2022; Ord. 16-12, passed 11-1- 2016; Ord. 13-07, passed 12-3-2013; Ord. 03-1919, passed - -2003; Ord. 99-1850, passed - -1999)