Chapter 12.28 — FIRE CODE ADOPTED

The California Fire Code, 2025 Edition, including Chapter 1, Division 2 and sections 305, 307, 308, and all Appendices of the 2024 International Fire Code and the whole thereof as adopted by the State Fire Marshal, is adopted, referred to, and incorporated in full, as hereby amended. A copy of the California Fire Code, 2025 Edition, and the 2024 International Fire Code are on file and open to public inspection in the office of the City Clerk. This Chapter shall be known and referred to as the "Vallejo Fire Code" for the City.

(Ord. No. 1867 N.C. (2d), § 7, 11-15-2022; Ord. No. 1876 N.C.(2d), § 7, 11-15-2022; Ord. No. 1883 N.C. (2d), § 7, 11-25-2025)

12.28.020 - Board of Appeals.

The Board of Appeals shall be the Building Standards Code Appeals Board.

(Ord. No. 1867 N.C. (2d), § 7, 11-15-2022; Ord. No. 1876 N.C.(2d), § 7, 11-15-2022; Ord. No. 1883 N.C. (2d), § 7, 11-25-2025)

Persons who shall violate a provision of this code or shall fail to comply with any of the 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 or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The remedies set forth in this section are not exclusive, and the provisions of this chapter may be enforced pursuant to any other applicable enforcement mechanism including, but not limited to, Title 1 of this code or any other applicable remedy at law or in equity.

(Ord. No. 1867 N.C. (2d), § 7, 11-15-2022; Ord. No. 1876 N.C.(2d), § 7, 11-15-2022; Ord. No. 1883 N.C. (2d), § 7, 11-25-2025)

II. - Fireworks

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"City" means the City of Vallejo.

"Fireworks" means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term "fireworks" includes, but is not limited to, devices designated by the manufacturer as fireworks, firecrackers, torpedoes, skyrockets, roman candles, rockets, Dayglo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. "Fireworks" includes both "dangerous fireworks" and "safe and sane" fireworks as defined in the California Health and Safety Code.

"Illegal fireworks activity" means the possession, distribution, or discharge of fireworks without a permit.

"Response costs" means those reasonable and necessary costs directly incurred by the Vallejo Police Department, Vallejo Fire Department, or other public safety and emergency personnel in responding to illegal fireworks activity and the cost of providing those services, including but not limited to:

A.

The salaries and benefits of the public safety or other emergency personnel for the amount of time attributable to the response to any illegal fireworks activity and the administrative costs associated therewith; and

B.

The cost of any medical treatment to or for any injuries to public safety or emergency personnel arising from or related to the response to the illegal fireworks activity; and

C.

The cost of repairing or replacing any public safety equipment or public property damaged in responding to, remaining at, or leaving the scene of the illegal fireworks activity; and

D.

The cost of using any public equipment and resources in responding to, remaining at, or leaving the scene of the illegal fireworks activity.

"Social host" means a person who either:

1.

Any owner of private property as listed on the most recent assessment roll;

2.

Any person who has the right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; or

3.

Any person who hosts, organizes, supervises, officiates, conducts, or sponsors a gathering on public or private property and, if such person is a minor, then that person's parents or legal guardians.

(Ord. No. 1864 N.C. (2d), §§ 1,2, 5-24-2022)

A.

Except as otherwise expressly provided in this Code, it shall be unlawful for any person to possess, store, offer for sale, display for sale, sell at retail, or discharge any fireworks without a permit. Every such use and display shall be handled by a competent state-licensed operator approved by the chief and shall be located, discharged, or fired so as not to be hazardous to property or endanger any person.

B.

Applications for permits shall be made in writing at least ten days in advance of the date of the fireworks display. After such privilege shall be granted, the possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable.

C.

The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the city manager or designee for the payment of all damages which may be caused either to persons or to property by reason of the permitted fireworks display and arising from any acts of the permittee, his or her agents, employees, or subcontractors.

(Ord. No. 1864 N.C. (2d), §§ 1,2, 5-24-2022)

The manufacturing and/or transportation of any fireworks is prohibited, except by a person who has been issued a permit by the office of the state fire marshal or is otherwise permitted to do so pursuant to provisions of state law, and such manufacturing or transportation is being performed in compliance with applicable requirements of the California Fire Code and Vehicle Code.

(Ord. No. 1864 N.C. (2d), §§ 1,2, 5-24-2022)

A.

No social host shall knowingly allow any person to violate a provision of this chapter on property that is owned, occupied, or otherwise used by the social host pursuant to a lease, permit, license, rental agreement, or contract.

B.

It is the duty of any social host who knowingly hosts, permits, or allows any gathering to take place to take all reasonable steps to prevent the use of fireworks by that social host's guests or invitees.

C.

No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement or contract shall be liable under this chapter for violations occurring in the common areas of the property.

(Ord. No. 1864 N.C. (2d), §§ 1,2, 5-24-2022)

A.

In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to the procedures set forth in Chapter 1.15 of this Code.

B.

The amount of an administrative penalty for a violation of this chapter is one thousand dollars for each violation.

C.

In addition to such administrative penalties, each violator shall be liable for all costs incurred by the office of the state fire marshal for the transportation and disposal of any fireworks seized from that person. The costs incurred by the office of the state fire marshal will be calculated based upon the regulations promulgated by that office.

D.

Any social host who violates any provision of this chapter shall be liable for the response costs relating to the violation. All social hosts who violate any provision of this chapter in the same incident shall be jointly and severally liable for the response costs relating to the violation. The amount of response costs constitutes a debt owed to the city.

1.

Notice of the response costs shall be served by first-class mail on the social hosts liable for such costs. The notice shall contain the following information:

a.

The name of the social host who is liable for the response costs;

b.

The address of the private property where the violation occurred;

c.

The date and time of the response;

d.

The law enforcement, fire, or other emergency response personnel who responded; and

e.

An itemized list of the response costs.

2.

Payment for response costs shall be remitted to the city within thirty calendar days of the date of the notice. The payment of any such costs shall be stayed upon the filing of a timely appeal.

3.

A social host charged with response costs may, within ten calendar days of the date of the notice of response costs, appeal the response costs in accordance with Section 1.15.090. The appeal hearing shall be scheduled and conducted in the manner prescribed by Section 1.15.110. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies and bars any further review or administrative appeal of the response costs.

E.

Violations of this chapter are hereby declared to be a public nuisance.

F.

Violations of the chapter shall constitute a misdemeanor.

G.

All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.

(Ord. No. 1864 N.C. (2d), §§ 1,2, 5-24-2022)

Nothing in this article shall be construed to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes of illumination, or the sale of use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports or for use by military organizations.

(Ord. No. 1864 N.C. (2d), §§ 1,2, 5-24-2022)

The chief shall seize, take, remove or cause to be removed at the expense of the owner all stocks of fireworks offered or exposed for sale, stored or held in violation of this chapter.

(Ord. No. 1864 N.C. (2d), §§ 1,2, 5-24-2022)

Chapter 12.30 - RESIDENTIAL BUILDING CODE ADOPTED