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HomeMy WebLinkAbout13- Fire CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION From: Mat Fratus, Deputy Chief Subject: Ordinance of the City of San Bernardino amending Chapter 15.16 of the San Bernardino Municipal Code and adopting the 2010 California Fire Code, Dept: Fire with appendices, and incorporating by reference the 2009 Edition of the International Fire Code and necessary California amendments, together with California Code of Regulations, Title 24. Date: October 7, 2010 MC/C Meeting Date: November 1, 2010 Synopsis of Previous Council Action: 11/19/07 MC-1259: Ordinance amending Chapter 15.16 of the San Bernardino Municipal Code to adopt the 2007 California Fire Code. 10/08/02 MC-1130: Ordinance amending Chapter 15.16 of the San Bernardino Municipal Code to adopt the 2001 California Fire Code. 05/03/99 MC-1048: Ordinance to amending Chapter 15.16 of the San Bernardino Municipal Code to adopt the 1998 California Fire Code. RECOMMENDATION: Lay the Ordinance over for final adoption. Signature Contact Person: Doug Dupree, Fire Marshal Phone: (909) 384-5286 Supporting data attached: Staff Report and Ordinance Ward: Citywide FUNDING REQUIREMENTS: Amount: $0 Source: (ACCT.No) (Acct. Description) Finance: Council Notes: C Agenda Item No._ �� STAFF REPORT SUBJECT Ordinance of the City of San Bernardino amending Chapter 15.16 of the San Bernardino Municipal Code and adopting the 2010 California Fire Code, with appendices, and incorporating by reference the 2009 Edition of the International Fire Code and necessary California amendments, together with California Code of Regulations, Title 24. BACKGROUND The California Code of Regulations, Title 24, also referred to as the California Building Standards Code, mandates that the Chief of the City Fire Department enforce the California Code of Regulations relating to fire and panic (emergency exiting) safety. The 2010 California Fire Code is compatible with this standard and incorporates by adoption the 2009 Edition of the International Fire Code of the International Code Council, Inc., with necessary California amendments. The adoption of 2010 California Fire Code is an integral part of the Fire Department Community Risk Reduction Program. Adoption of the proposed ordinance brings the City's Municipal Code into conformance with state law. Further, adoption of this code is necessary to be compatible with local building codes. The effective date of this code has been set by the Building Standards Commission for January 1, 2011. According to the California Health and Safety Code, a city may establish more restrictive building standards reasonably necessary because of local climatic, geological, or topographical conditions. For these conditions, cities and fire districts may amend the California Fire Code, with more restrictive requirements than the California Building Standards Code (Title 24). These amendments and findings are included in the proposed ordinance and, after City Council approval, will be filed with the California Building Standards Commission and the State Fire Marshal's Office. In the proposed Ordinance,there have been minor changes, as indicated by highlights and underlined. The sections that were deleted are now contained in the California Fire Code, and therefore unnecessary. Additionally, some numbering changes have occurred. The following sections are new amendments to the San Bernardino Municipal Code: 15.16.065- Miscellaneous combustible storage. Includes rubber tires in the combustible storage section. 15.16.070- Solar photovoltaic power systems. Requires a construction permit for the installation of these systems. 15.16.114- Special Event defined. Defines those activities that are considered a Special 1 Event. 15.16.126- Address Identification. Provides specific requirements for new and existing building address identification. 15.16.180-Storage of Combustible Pallets. Provides specific requirements for indoor and outdoor storage of combustible pallets. 15.16.235- Special Event Medical Plan Required. Requires event operators to submit a Special Event Medical Plan to Fire for review and approval. 15.16.240- Solar Photovoltaic Power Systems. Provides specific requirements for the installation of Solar Photovoltaic Power Systems. These requirements are currently contained in the California State Fire Marshal Solar Photovoltaic Installation Guideline. FINANCIAL IMPACT There is no financial impact to the City of San Bernardino. RECOMMENDATION Lay the Ordinance over for final adoption. 2 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE 4 AND ADOPTING THE 2W 2010 CALIFORNIA FIRE CODE, WITH 5 APPENDICES, AND INCORPORATING BY REFERENCE THE �88C 2009 EDITION OF THE INTERNATIONAL FIRE CODE AND 6 NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH 7 CALIFORNIA CODE OF REGULATIONS, TITLE 24. 8 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 10 BERNARDINO DO ORDAIN AS FOLLOWS: 11 Section 1. Findings. The Mayor and Common Council of the City of 12 San Bernardino do hereby find and declare pursuant to California Health 13 and Safety Code Sections 17958, 17958.5, and 17958.7 the following: 14 a. Adverse climatic conditions increase the likelihood of fire. Minor fires can rapidly spread to large ones due to extreme heat, frequent periods of 1s drought, low humidity, and yearly winds (Santa Ana), which have been 16 recorded to reach gusts in excess of 90 miles per hour. 17 b. Existing structures with wood shingles and shakes may contribute to the 18 rapid spread of fire to adjacent structures. Although wood shingles and shakes 19 are no longer approved for new construction in the City, there are many 20 existing structures with this type of roofing material. 21 c. There is an increased danger of fire because of natural vegetation including 22 grass, chaparral, manzanita, and Ems chamise. Another factor that increases the risk of fire danger to the City is elevation changes from gradual, to 23 in excess of 30%, which include areas within the wildland interface area. 24 Increased development has created additional vehicular traffic on surface streets, freeways bisect the City at the north end and West End, and a freeway 2s borders the City of the south end. Flood Control channels, railways, natural 26 streams and the Santa Ana River also impede responses within the City limits. The rapid increase in single family dwellings and industrial buildings has 2 7 created many new streets, creating some dead-end streets, additional traffic 28 signals have been installed, all of which increase the response time of fire apparatus, thereby creating a greater risk of life and property from fire. -1- 1 2 d. There are portions of the City in the Hazardous Fire Area, where water supply is very limited. Private tanks located on the homeowner's property often 3 provide the only available water supply for firefighting purposes. Public fire 4 hydrants, with appropriate fire-flow, are located several thousand feet from 5 these structures. 6 e. The City has within its boundary potentially active seismic hazards. 7 Seismic activity occurs within the City and a fire potential exists with these active faults. Existing structures and planned new developments are at serious 8 risk from these faults. 9 10 f. Due to these local climatic, geological and topographical conditions, there is an express need for changes and modifications in the 20 2010 Edition 11 of the California Fire Code. 12 Section 2. San Bernardino Municipal Code, Chapter 15.16 is amended to 13 read as follows: 14 15.16.010 Citation. 15 16 The Ordinance codified in this chapter and the code and standards adopted by 17 reference in Section 15.16.020 shall be known as the California Fire Code. 18 19 15.16.020 Code Adopted. 20 The 24P 2016 Edition of the "California Fire Code" together with the 21 California Code of Regulations, Title 24, and Appendix G.Ihmnters--1 and.-4 22 Chapter 4, and Appendices B, C, E, F, G' and H, and the International Fire Code, 2996 2009 Edition published by the International Code Council are 23 adopted by reference into this Chapter, and are hereby collectively declared to 24 be the Fire Code of the City of San Bernardino and are incorporated in the Municipal Code of the City of San Bernardino. The provisions of the 25 California Fire Code,, . .rnatien^4 ir-e C de Standards, shall apply to all 26 areas within the jurisdiction of the City of San Bernardino. One copy of the 27 201 �8 0'. Edition 2-OW of the California Fire Code, including California Amendments and Appendices5 and ene-cepy hoe ^' Rire Cod 28 p is on file in the Office of the City Clerk. -2- 1 2 15.16.030 Definitions. 3 A. Whenever "jurisdiction" is used in the California Fire Code, it shall mean 4 the City of San Bernardino. 5 B. Whenever "chief' is used in the California Fire Code it shall mean the 6 Chief of the Fire Department of the City of San Bernardino, hereinafter called "Fire Chief', or the Chief's authorized representative. 8 C. Whenever "corporation counsel" is used in the California Fire Code, it shall 9 mean the City Attorney of the City of San Bernardino. 10 D. Whenever "Fire Code Official" is used in the California Fire Code, it shall 11 mean "Fire Marshal" or the Chief's authorized representative. 12 15.16.040 Amendments. 13 14 The following sections and provisions of the California Fire Code, (�097, 2010 Edition) are amended to read as set forth in Sections 15.16.045 through 1s 15.16.400 16 17 15.16.045 Liability. 18 Section 103.4 Appm Chapter 1 of the California Fire Code is amended by 19 adding the following: 20 103.4.2 Cost Recovery. 21 22 1. Fire suppression, investigation, rescue, hazardous materials, or emergency medical costs are recoverable in accordance with California Health and Safety 23 Code, Sections 13009 and 13009.1. 24 2. Any person who negligently or intentionally, or in violation of the law causes an emergency response is liable for the costs of securing such 25 emergency. This shall include but not be limited to situations such as false 26 alarms, traffic accidents, fire watch, or spills of toxic or flammable fluid or 27 chemicals, and the costs related to the investigation of the incident. Expenses incurred by the Fire Department for securing such emergency situation shall 28 constitute a debt of such persons and is collectable by the Fire Chief in the same manner as in the case of any obligation under contract, expressed or implied. -3- 1 FINDINGS: A,B,C,D,E,F APPLY 2 15.16.055 Applicant Appeals. 3 Section 108.1 e Chapter 1 of the California Fire Code is amended to 4 read as follows: 5 108.1 Appeals. The applicant may appeal the Fire Chief's denial, suspension or 6 revocation of a permit or his/her interpretation of this code to the Fire 7 Commission within ten days from the date of notice of the decision. The Fire Commission shall render its decision and findings in writing to the Fire Chief 8 with a duplicate copy to the applicant. 9 to Appeal Fees. When appeals are filed a processing fee in an amount established by resolution of the Mayor and Common Council shall be paid by the applicant 11 to research and process the appeal. The fee shall be paid to the Fire 12 Department. 13 108.3 Delete entire section. 14 FINDINGS: A,B,C,D,E,F APPLY 15 15.16.060 Fire Prevention Bureau Personnel and Police. 16 17 Section 103.3 en Chapter 1 of the California Fire Code is amended to read as follows: 18 19 103.3 The Fire Chief, Fire Marshal and members of the fire prevention bureau 20 shall have the powers of a peace officer as defined in Section 830.37 of the Penal Code, in performing their duties under this code. 21 22 The following persons have the duty, and are hereby authorized, to enforce the provisions of this code and make arrests and issue citations as authorized by 23 law: 24 1. Fire Chief, Fire Marshal, Fire Prevention Supervisor, Arson Investigators, 25 Firefighters, Fire Plans Examiner/Systems Inspector, Fire Prevention 26 Officers and Fire Prevention Technicians. 27 2. When requested to do so by the Fire Chief, the Chief of Police is 28 authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code. -4- 1 FINDINGS: A,B,C,D,E,F APPLY 2 3 15.16.061 Commencement of Proceedings. 4 Section 110 ,ems Chapter 1 of the California Fire Code is amended by 5 adding the following: 6 110.5 Abatement Proceedings. Whenever the Fire Chief or his/her designated 7 representative reasonably believes a violation of the California Fire Code exists, he/she shall commence abatement proceedings in accordance with Chapter 8.30 8 of the San Bernardino Municipal Code. All hearings shall be conducted by the 9 Fire Chief or his/her designee ("Hearing Officer"). The Hearing Officer may 10 hear matters pertaining to both California Fire Code violations and/or public nuisance violations as enumerated in Section 8.30.010. (Ord. MC-1015, 1-26- 11 98) 12 FINDINGS: A,B,C,D,E,F APPLY 13 15.16.065 Inspections & Inspection Fees. 14 15 Section 105.1.1 Chapter 1 of the California Fire Code is amended by adding the following: 16 17 105.1.1.1 Inspection Fees 18 These fees shall be set by Resolution of the Mayor and Common Council. 19 20 Inspection Fees - An inspection fee may be charged for Fire Department routine inspections and re-inspections of property to cover the costs of such 21 inspections. The amount of the inspection fee shall be established by 22 Resolution of the Mayor and Common Council. 23 1. The Fire Marshal may authorize refunding of any fee that was erroneously 24 paid or collected. Requests for refunding of any fee paid shall be submitted 25 by written application no later than 180 days after the date of fee payment. 26 2. The property owner/occupant charged the inspection fee may appeal the 27 imposition or the amount of the fee. Appeals related to fees shall be pursuant to Section 2.64 of the San Bernardino Municipal Code. 28 FINDINGS: A,B,C,D,E,F APPLY -5- 1 Section 105.6.15 Delete 2 Section 105.6.29 is amended to read as follows: 3 4 Section 105.6.29 Miscellaneous combustible storage. An operational permit is 5 required to store in any building or upon any premises in excess of 2,500 cubic feet Dross volume of combustible empty packing cases, boxes, barrels or similar 6 containers, cork, or similar combustible material, and any storage amount of rubber and rubber tires. 8 Section 105.6.35 Delete Exception 9 10 Section 105.6.47 e Chapter 1 of the California Fire Code is amended by adding the following: 11 12 4. Auto Wrecking Yards 5. Battery storage/Battery systems' 13 6. Commercial Day Care Facilities 14 1. Less than 50 2. More than 50 15 7 Convalescent facilities 16 8. Fireworks booths 17 9. General inspection/Certificate of Occupancy 10. High Rise 18 11. Hospitals 19 1. Less than 100 beds 2. More than 100 beds 20 12. Kitchen Hoods (fixed hood and duct systems) 21 13. Large Family Day Care 22 14. New business inspection 15. Pallet Yards > 200 ft3 of wood or plastic storage 23 16. Radioactive materials 24 17. Residential board and care 18. Schools, private and vocational 25 FINDINGS: A,B,C,D,E,F APPLY 26 27 15.16.070 New Construction and Alterations. 28 Section 105.7 App Chapter 1 of the California Fire Code is amended to read as follows: -6- 1 2 1. The fire code official is authorized to issue construction permits for work as set forth in � Chapter 1, Sections 105.7.1 through 10-5. '105.7.14. 3 . 4 2. Approval and Inspection Fees. A fee will be charged for permits, plan 5 checks and/or inspections for construction or work which requires Fire Department approval. The amount of the fee shall be established by Resolution 6 of the Mayor and Common Council. 7 3. Investigation Fees: Work without a Permit. Whenever any work for which a 8 permit is required by this code has been commenced without first obtaining said 9 permit, a special investigation shall be made before a permit may be issued for 10 such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee 11 shall be equal to the permit fee required by this code. The payment of such 12 investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. The Fire 13 Marshal may authorize refunding of any fee paid hereunder which was 14 erroneously paid or collected. The Fire Marshal may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under 15 a permit issued in accordance with this code. The Fire Marshal may authorize 16 refunding of not more than 80 percent of the plan review fee paid when an 17 application for a permit for which a plan review fee has been paid, is withdrawn or canceled before any plan reviewing is done. The Fire Marshal shall not 18 authorize refunding of any fee paid except on written application filed by the 19 original permittee not later than 180 days after the date of fee payment. 20 Section 105.7 of the California Fire Code is amended by dding the following: 21 22 Section 105.7.15 Solar photovoltaic oowwer systems. A construction permit is required to install or modify solar photovoltaic power systems. 23 FINDINGS: A,B,C,D,E,F APPLY 24 25 15.16.075 Authorization to Issue Corrective Orders and Notices. 26 27 Section 109.2 App e Chapter 1 of the California Fire Code is amended to read as follows: 28 -7- 1 General. When the chief finds in any building or on any premises combustible, 2 hazardous or explosive materials or dangerous accumulations of rubbish; or finds unnecessary accumulations of wastepaper, boxes, shavings or any highly 3 flammable materials which are so situated as to endanger life or property; or 4 finds obstructions to or on fire escapes, stairs, passageways, doors or windows 5 that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building or premises; or finds that the 6 effectiveness of any exit door, attic separation or any fire separation wall is 7 reduced; or finds that this code is being violated the chief is authorized to issue orders as necessary, for the enforcement of the fire prevention laws and $ ordinances governing the same, and for the safeguarding of life and property 9 from fire or any other situation which may effect the health safety of any person 10 occupying buildings or premises. FINDINGS: A,B,C,D,E,F APPLY 11 12 13 14 15.16.080 Stopping Uses and Evacuation. 15 Section 110.2 Append* Chapter 1 of the California Fire Code is amended to 16 read as follows: 17 Stopping uses, evacuation. The Fire Chief is authorized to order any operation 18 or use immediately stopped or the immediate evacuation of any premises, 19 building or vehicle, or portion thereof, which is a fire, life or health hazard 20 deemed unsafe when such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately 21 leave the structure or premises and shall not enter or re-enter until authorized to 22 do by the fire official of the fire department official in charge of the incident. FINDINGS: A,B,C,D,E,F APPLY 23 24 15.16.086 Citations. 25 Section 109.3 Appel_ x Chapter 1 of the California Fire Code is amended to 26 read as follows: 27 Section 109.3 Violation penalties. Persons who shall violate a provision of this 28 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 -8- 1 documents or directive of the Fire Marshal, or of a permit or certificate used 2 under the provisions of this code, shall be guilty of a misdemeanor, punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment 3 in the County jail not exceeding six months, or both such fine and 4 imprisonment. Each day that a violation continues after due notice has been 5 served shall be deemed a separate offense. FINDINGS: A,B,C,D,E,F APPLY 6 7 s 15.16.087 Emergency Abatement/Closure Procedure 9 Section 110.3 of the California Fire Code is amended to read as follows: 10 110.3 Summary abatement 11 12 A. Not withstanding any other provision of this Chapter with reference to the Abatement of California Fire Code violations, whenever the Fire Chief or 13 his/her duly authorized representative determines that property, a building 14 or structure is structurally unsafe, or constitutes a fire hazard, or endangers the life, health, property or safety of the public or its occupants, and such 15 condition constitutes an immediate hazard or danger, he or she shall, 16 immediately and forthwith abate the existing immediate hazard or danger, 17 including but not limited to the closure of the property. 18 B. In lieu of the summary abatement hearing procedures for Dangerous 19 Buildings in Section 15.28, the Fire Chief or his/her duly authorized 20 representative shall mail, immediately after such emergency abatement/closure, a Notice of Hearing to the owners of the real property 21 upon which the structure is located. Notice shall be mailed to the address 22 as ascertained from title company records, the latest assessment roll of the County Assessor, or if no address is so shown, to the address of the 23 property as such address may be known by the Fire Chief or duly authorize 24 representative. Such notice shall contain the following information: 25 1) that a Hearing has been scheduled within twenty (20) days of such 26 emergency abatement/closure action before the Fire Chief or his/her 27 designee ("Hearing Officer") with the date, time and location of such Hearing; 28 2) that emergency action was taken with regards to the property; -9- 1 2 3) the reason why he/she has taken the action. 3 At the hearing, the Hearing Officer shall consider all relevant evidence, 4 including, but not limited to, applicable staff reports. He or she shall give 5 any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Hearing Officer shall 6 determine whether the emergency action was warranted. The hearing shall 7 not be conducted according to formal rules of evidence or procedure, but shall be conducted in a manner generally complying with the 8 Administrative Procedure Act at Government Code Section 11370, et seq. 9 10 C. The expense of the abatement shall be itemized and, after a hearing, notice of which is given in substantial compliance with Section 8.30.040, relating 11 to the emergency nature of the abatement and the expenses incurred, shall 12 constitute a special assessment and lien against the abated parcel as set forth in Sections 8.30.110, 8.30.120, 8.30.130, and 8.30.150_ 13 FINDINGS: A,B,C,D,E,F APPLY 14 15.16.100 All Weather Driving Surface defined. 15 Section 202 of the California Fire Code is amended by adding the following 16 definition: 17 ALL WEATHER DRIVING SURFACE is an approved concrete or asphalt 18 covering of sufficient thickness to support the imposed loads of fire apparatus. 19 FINDINGS: A,B,C,D,E,F APPLY 20 15.16.110 Fireworks defined. 21 22 Section 202 of the California Fire Code is amended by amending the definition of"Fireworks" to read as follows: 23 24 FIREWORKS shall mean and include any combustible or explosive composition, or any substance or combination of substances, or device prepared 25 for the purpose of a visible or audible effect by combustion, explosion, 26 deflagration, or detonation, and shall include blank cartridges, toy pistols, toy 27 cannons, toy canes, or toy guns in which explosives are used, firecrackers, torpedoes, skyrockets, roman candles, daygo bombs, sparklers, or other devices 28 of like construction and any devices containing an explosive substance, except that the term "Fireworks" shall not include auto flares, paper caps containing -10- I not in excess of 0.25 grain of explosive content per cap or toy pistols, toy canes, 2 toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times. 3 FINDINGS: A,B,C,D,E,F APPLY 4 5 15.16.112 Hazardous Fire Area defined. 6 Section 202 of the California Fire Code HAZARDOUS FIRE AREA is 7 amended by adding the following definition: 8 HAZARDOUS FIRE AREA is land which is covered with grass, grain brush 9 or forest, whether privately or publicly owned, which is so situated or is of such 10 inaccessible location that fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual 11 damage through fire or resulting erosion. Such areas are designated as follows: 12 That area within the City lying north of a line extending Easterly from the 13 West City limits to the East City limits and bounded on the South side by 14 streets and highways as follows: 15 Barstow Freeway from West City limits to the intersection of Palm Avenue 16 and the Barstow Freeway; Northerly from the Barstow Freeway on Palm 17 Avenue to Kendall Drive; Easterly on Kendall Drive to 40th Street and transition Easterly from the intersection of Kendall Drive and 40th Street; 18 on 40th Street; and continue Easterly to Mountain Avenue; from the 19 intersection of 40th Street and Mountain Avenue; Southerly on Mountain Avenue to 39th Street; Easterly on 39th Street to Del Rosa Avenue; 2 Southerly from the intersection of 39th Street to Marshall Boulevard; 21 Easterly from the intersection of Del Rosa Avenue and Marshall Boulevard 22 on Marshall Boulevard; Marshall Boulevard to Victoria Avenue;Victoria Avenue to Piedmont Drive; Piedmont Drive East to Diablo Drive; Diablo 23 Drive East to El Toro Street; El Toro Street extending East to Highway 24 330; Highway 330 South to Highland Avenue; thence East and South- easterly along the centerline of Highland Avenue to the centerline of 25 Church Street. 26 27 Inclusive of area beginning at the intersection of Pacific Street and Del Rosa Avenue; Pacific Street West to Perris Hill Park Road; Perris Hill 28 Park Road North in a line to intersect Highland Avenue; Highland Avenue East to Del Rosa Avenue; Del Rosa Avenue South to Pacific Street. -11- 1 2 Inclusive of area beginning at the intersection of Little Mountain Drive and Kendall Drive; Kendall Drive East to 40th Street; 40th Street East to 3 Electric Avenue; Electric Avenue South to Thompson Place; Thompson 4 Place West to Mayfield Avenue; Mayfield Avenue South to 36th Street; 36th 5 Street West to "F" Street; "F" Street South to 33rd Street; 33rd Street West to "H" Street' "H" Street South to Marshall Boulevard; Marshall 6 Boulevard West in a line to intersect Cajon Boulevard; Cajon Boulevard 7 West to University Parkway/State Street; University Parkway North to State Street; State Street North to Morgan Road; Morgan Road East to 8 Little Mountain Drive; Little Mountain Drive North to Kendall Drive. 9 10 Hazardous Fire Areas shall be inclusive of any additional land area, whether publicly or privately owned, which the Fire Chief of the Fire 11 Department determines to be so situated or so inaccessible that fire upon 12 said land could present an abnormally difficult task of fire suppression. Such additional land areas shall be designated on a map available to the 13 public and maintained by the Fire Department at the Central Fire Station, 14 200 East Third Street, San Bernardino. The Fire Chief shall provide a written description of the boundaries of any additional land area to the 15 City Clerk who shall provide for publication of notice thereof pursuant to 16 the provisions of California Government Code 6061 (MC-1023, 5-18-98; 17 Ord. MC-984, 11-4-96) FINDINGS: AACAE,F APPLY 18 19 15.16.114 Special Event defined. 20 A non-routine activity within a community that brings together a large number of people. Emphasis is not placed on the total number of people attending but 21 rather the impact on the community's abili1y to respond to large-seal e 22 emergency or disaster or the exceptional demands that the activity places on response services. A community's special event requires additional planning, 23 preparedness, and mitigation efforts of local response and public safety 24 agencies. 25 15.16.118 Suppression and control of Hazardous Fire Areas. 26 27 Chapter 3 of the 2007. California Fire Code is amended by adding the following: 28 Section 34-6 318" Suppression and control of hazardous fire areas. -12- 1 Sections 318.1! Scope. 2 The unrestricted use of grass-, brush-, or forest-covered land in hazardous fire areas is a potential menace to life and property from fire and resulting erosion. 3 Safeguards to prevent the occurrence of fires and to provide adequate fire- 4 protection facilities to control the spread of fire which might be caused by 5 recreational, residential, commercial, industrial or other activities conduced in hazardous fire areas shall be in accordance with this section. 6 7 Section 318.2 Definitions. For the purpose of Section 34-6 318'., certain terms are defined as follows: 8 9 1. Tracer is any bullet or projectile incorporating a feature which mark 10 or traces the flight of said bullet or projectile by flame, smoke or other means which results in fire or heat. 11 2. Tracer Charge is any bullet or projectile incorporating a feature 12 designed to create a visible or audible effect by means which result in 13 fire or heat and shall include any incendiary bullets and projectiles. 14 Section 316-3 318.3: Permits. The fire code official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at 15 risk, as determined by the fire code official. 16 Section 316.4 318.4 Smoking. Lighting, igniting or otherwise setting fire to or 17 smoking tobacco, cigarettes, pipes or cigars in posted areas is prohibited. 18 Section 3�3; 318.51 Spark Arrestors. All existing chimneys used in conjunction 19 with fireplaces, barbecues, incinerators or heating appliances in which solid, gas, 20 or liquid fuel is used shall be provided with a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed 1/2 inch. 21 Section 1 316.6 318.6 Tracer Bullets, Tracer Charges, Rockets, and model Aircraft. 22 23 1. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired in the Special Protection Area. 24 25 2. Rockets, model planes, gliders and balloons powered with an engine propellant or other feature liable to start or cause fire shall not be fired or 26 projected in the Special Protection Area without a permit from the fire cod 27 official. 28 -13- 1 Section 316.7 318.7 Apiaries. Lighted and smoldering material shall not be used 2 in connection with smoking bees in or upon the very high fire severity zones 3 except by permit from the fire code official. 4 Seetion 316.8 Open Flame Deviees. Welding ter-ehes, taf pets, deeefa4ive tor-ehes 5 operated er-used in or-upon the Nazar-dous Fife Area, exeept by pefmit ffem the 6 fire . ode offieial. 7 Use within inhabited prefmses or- designated eampsite -AIfi.e.. 8 . are a 4 30 feet from grass > grain > bfush or- forest covered areas. 9 Flame emple)4ng > > shall not b 10 11 12 il rom ire by standard railroad operating rreeod w ', Section S ys} 318.8 Outdoor Fires. Outdoor fires shall not be built, ignited or 13 maintained in the Hazardous Fire Area, except by permit from the fire code 14 official. 15 16 EXCEPTION: Outdoor fires within inhabited premises or designate campsites where such fires are built in a permanent barbecue, portable 17 barbecue, outdoor fireplace, incinerator or grill and are a minimum of 3 18 feet from a grass-, grain-, brush- or forest-covered area. 19 Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited o 20 maintained in the Special Protection Area under the following conditions: 21 1. When high winds are blowing, 22 2. When a person age 17 or over is not present at all times to watch and ten 21 such fire, or 24 3. When public announcement is made that open burning is prohibited. 25 Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash or combustible waste material. 26 27 28 -14- > > pefmmefA barbecues and gr-ills shall not be i++ the 14az r-dou. Fire Aron wit ee d4 approval from the fire node .�ffleia1 2 ari ciiv rraz , 3 > > 4 maintained in good Fepair- and in a safe eondition at all times. Openings in su applianees shall be pr-ovided with an approved spark afr-ester-, ser-een or- doon 5 6 8 Section 318.9 Clearance of brush and vegetative growth from electrical 9 transmission lines. 10 General. Clearance of brush and vegetative growth from electrical transmission 11 and distribution lines shall be in accordance with Section z 1 318.9. 12 EXCEPTION: Section 31 318.9 does not authorize persons not having legal 13 right of entry to enter on or damage the property of others without 14 consent of the owner. t 15 Section 316.444 318.9.1 Support Clearance. Persons owning, controlling 16 operating or maintaining electrical transmission or distribution lines shall 17 have an approved program in place that identifies poles or towers with equipment and hardware types that have a history of becoming an ignition 18 source, and provides a combustible free space consisting of a clearing of no 19 less than 10 feet in each direction from the outer circumference of such pole or tower during such periods of time as designated by the fire code official. 20 EXCEPTION: 21 Lines used exclusively as telephone, telegraph, messenger call, alarm 22 transmission or other lines classed as communication circuits by 23 public utility. 24 Section z 16.11.2. 3 18.9.2EIectrical Distribution and Transmission Line 25 Clearances General. Clearances between vegetation and electrical lines shall 26 be in accordance with Section 3.' 14 318.9.2. 27 Section 3-16-1z- 318.9.2.1 Trimming clearance. At the time of trimming, 28 clearances not less than those established by Table 9 318.9.2 1 should be provided. The radial clearances shown below are minimum -15- 1 clearances that should be established, at time of trimming, between the 2 vegetation and the energized conductors and associated live parts. 3 EXCEPTION: The fire code official is authorized to establish 4 minimum clearances different than those specified in Table 3-1- -2 5 {-} 318.9.2 1) when evidence substantiating such other clearances is submitted to the chief and approved. 6 7 Section 316.11.24 318.9.2.2 Minimum clearance to be maintained. Clearances not less than those established by Table 318.9.2 2 8 shall be maintained during such periods of time as designated by the chief. 9 The site specific clearance achieved, at time of pruning, shall vary based on to species growth rates, the utility company specific trim cycle, the potential line sway due to wind, line sway due to electrical loading and ambient 11 temperature, and the tree's location in proximity to the high voltage lines. 12 EXCEPTION: The chief is authorized to establish minimum 13 - . _ clearances different than those specified by Table - 318.9__._ 14 when evidence substantiating such other clearances is submitted to 15 the chief and approved. i 16 TABLE - (1� 318.9.2 1 MINIMUM CLEARANCES BETWEEN 17 VEGETATION 18 AND ELECTRICAL LINES AT TIME OF TRIMMING 19 20 MINIMUM RADIAL 21 LINE CLEARANCE FROM 22 VOLTAG CONDUCTOR (feet) E x 304.8 mm 23 2,400- 4 24 72,000 72,001- 6 25 110,000 26 11001- 10 27 300,000 300,001 15 28 or more -16- I 1 2 TABLE 318.9.2 2 MINIMUM CLEARANCES BETWEEN 3 VEGETATION AND ELECTRICAL LINES TO BE MAINTAINED 4 5 MINIMUM CLEARANCE 6 LINE (inches) 7 VOLTAGE x 25.4 MM 8 750-3500 6 35,001-60,000 12 9 60,001-115,000 19 10 1155001-230,000 30'/2 11 2305001-500,000 115 12 13 14 Section 3- 14 318.93 Electrical power line emergencies. During 15 emergencies, the utility company shall perform the required work to the extent necessary to clear the hazard. An emergency can include situations 16 such as trees falling into power lines, or trees in violation of Table 1 318.9.2 Q 18 Section 316.11.4 Correction of Condition. The fire code official is authorized to give notice to the owner of the property on which conditions 19 regulated by Section 34 -1.318.9 exist to correct such conditions. 20 21 Section 316.12 318.10; Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, rubbish or combustible waste material shall not be placed, deposited or 22 dumped in or upon hazardous fire areas or in, upon or along trails, roadways or 23 highways in the Hazardous Fire Area. 24 EXCEPTION: Approved public and private dumping areas. 25 26 Section � 318.11 Disposal of ashes. Ashes and coals shall not be placed, 27 deposited or dumped in or upon the Hazardous Fire Area. 28 EXCEPTIONS: -17- 1 1. In the hearth of an established fire pit, camp stove or fireplace. 2 2. In a noncombustible container with a tight-fitting lid, which is kept or 3 maintained in a safe location not less than 10 feet from combustible 4 vegetation or structures. 3. Where such ashes or coals are buried and covered with 1 foot of mineral 5 earth not less than 25 feet from combustible vegetation or structures. 6 7 Section 316.14 318.12 Use of fire roads and firebreaks. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is 8 prohibited upon, fire roads or firebreaks beyond the point where travel is restricted 9 by a cable, gate or sign, without the permission of the property owners. Vehicles to shall not be parked in a manner which obstructs the entrance to a fire road or firebreak. 11 12 EXCEPTION: Public officers acting within their scope of duty. 13 Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads or firebreaks unless located 16 feet or more 14 above such fire road or firebreak. 15 Section 318.13 Use of motorcycles, motor scooters and motor vehicles. 16 Motorcycles, motor scooters and motor vehicles shall not be operated within area closed per section 3-16.211 318.19, without a permit by the fire code official, except 17 upon clearly established public or private roads. Permission from the property 18 owner shall be presented when requesting a permit. 19 Section 21 318.14 Tampering with fire department locks, barricades and signs. 2° Locks, barricades, seals, cables, signs and markers installed within special 21 protection area, by or under the control of the chief, shall not be tampered with, mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or 22 under the control of the fire code official shall not be unlocked. 23 24 Section 3 16.1:z 318.15: Liability for damage.The expenses of fighting fires which result from a violation of Section 318 shall be a charge against the person 25 whose violation of Section 318' caused the fire. Damages caused by such fires 26 shall constitute a debt of such person and are collectable by the fire code official in the same manner as in the case of an obligation under a contract, expressed or 27 implied. 28 Section 316.1 318.16 Clearance of brush or vegetative growth from structures. -ls- 1 3 16-1-8- 318.16.1 General. Persons owning, leasing, controlling, operating or 2 maintaining buildings or structures in the Hazardous Fire Area, and persons 3 owning, leasing or controlling land adjacent to such buildings or structures, shall at all times: 4 1. Maintain an effective firebreak by removing and clearing away flammable 5 vegetation and combustible growth from areas within 100 feet of such 6 buildings or structures; Exception: (a). Single specimens of trees, ornamental shrubbery or similar s plants used as ground covers, provided that they do not form 9 means of rapidly transmitting fire from the native growth to an 10 structure. 11 2. Maintain additional fire protection or firebreak by removing brush, flammable vegetation and combustible growth beyond the 100 feet from such 12 buildings or structures, when required by the fire code official because of 13 extra hazardous conditions causing a firebreak of only 100 feet to be 14 insufficient to provide reasonable fire safety. Exception: 15 (b). Grass and other vegetation located more than 100 feet from 16 buildings or structures and less than 18 inches in height above 17 the ground need not be removed where necessary to stabilize the 1s soil and prevent erosion. 19 3. Remove portions of trees which extend within 10 feet of the outlet of a chimney. 20 4. Maintain trees adjacent to or overhanging a building free of deadwood. 21 5. Trees shall be trimmed to provide a minimum of 10-foot ground clearance. 22 6. Trees shall be cut/pruned at the angle of the slope in which they reside. 23 7. Irrigated surface fuels shall be maintained at a height not to exceed 18 24 inches. 25 8. Maintain the roof of a structure free of leaves, needles or other dead 26 vegetative growth. 9. Debris and trimmings shall be removed from the site, or chipped and 27 converted into mulch then evenly dispersed in the same area to a maximum 28 depth of three (3) inches. 10. Deadwood and tree litter shall be regularly removed from trees. -19- 1 11. Tree crowns extending to within 10 feet of any structure shall be pruned to 2 maintain a 10-foot clear horizontal distance. 3 4 Section 316.19 318.17, Clearance of brush or vegetation growth from roadways. The fire code official is authorized to cause areas within 10 feet on each side o 5 portions of highways and private streets which are improved, designed or 6 ordinarily used for vehicular traffic to be cleared of flammable vegetation an other combustible growth. The fire code official is authorized to enter upon private property to do so. 8 Exception: Single specimens of trees, ornamental shrubbery or cultivate 9 ground cover such as green grass, ivy, succulents or similar plants used as 10 ground covers, provided that they do not form a means of readily transmitting fire. 11 12 Section� 8 318.18 Use of Equipment 13 1. Except as otherwise provided in this section, no person shall use, operate, or 14 cause to be operated, in, upon or adjoining any Hazardous Fire Area, any 15 internal combustion engine which uses hydrocarbon fuels, unless the engine is 16 equipped with a spark arrester and maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. 17 2. Spark arresters affixed to the exhaust system of engines or vehicles subject to 18 this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. 19 3. A spark arrester is a device constructed of nonflammable material specifically 20 for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal 21 combustion engine that uses hydrocarbon fuels or which is qualified and rated 22 by the United States Forest Service. 23 4. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the 24 exhaust system is equipped with a muffler as defined in the Vehicle Code of 25 the State of California. 5. Turbocharged engines are not subject to this section if all exhausted gases 26 pass through the rotating turbine wheel, there is no exhaust bypass to the 27 atmosphere, and the turbocharger is in effective mechanical condition. 28 -20- 1 Section 316.21318.19 Restricted entry. The fire code official shall determine an 2 publicly announce when areas within the Hazardous Fire Area shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation 3 of hazardous fire areas, except public roadways, inhabited areas or established 4 trails and camp sites which have not been closed during such time when the 5 hazardous fire area is closed to entry, is prohibited. 6 Exceptions: 7 1. Residents and owners of private property within hazardous fire areas an their invitees and guests going to or being upon their lands. 8 2. Entry, in the course of duty, by peace or police officers, and other duly 9 authorized public officers, members of a fire department and members of the to United States Forest Service. 11 3. A permit has been issued by the San Bernardino Fire Department to enter a fire-closure area. 12 13 Section 316.22 318_.20 Trespassing on posted property. 14 1. General. When the fire code official determines that a specific area within the 15 special protection area presents an exceptional and continuing fire danger 16 because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until change 17 conditions warrant termination of closure. Such areas shall be posted as 18 hereinafter provided. 19 2. Signs. Approved signs prohibiting entry by unauthorized persons and referring 20 to applicable fire code chapters shall be placed on every closed area. 3. Trespassing. Entering and remaining within areas closed and posted is 21 prohibited. 22 Exception: Owners and occupiers of private or public property within 23 closed and posted areas, their guests or invitees, and local, state and federal 24 public officers and their authorized agents acting in the course of duty. 25 Section 316.23, 318.21 Explosives and blasting. Explosives shall not be 26 possessed, kept, stored, sold, offered for sale, given away, used, discharged 27 transported or disposed of within the Hazardous Fire Area except by permit from 28 the fire code official. -21- 1 Section 3 16.24 318.22 Fireworks. Fireworks shall not be used or possessed in the 2 Hazardous Fire Area. 3 The Chief is authorized to seize, take, remove or cause to be removed fireworks in violations of Section 316.24 318.22. 5 Section 3' 5' 318.23 Unusual Circumstances. The fire code official may suspend 6 enforcement and require reasonable alternative measures designed to advance the 7 purposes of this section if he/she determines in any specific case that any of the s following conditions exist: 9 1. Difficult terrain. 10 2. Danger of erosion. 11 3. Presence of plants included in any state and federal resources agencies, California Native Plant Society and county-approved list of wildlife, 12 plants, rare, endangered and/or threatened species. 13 4. Stands or groves of trees or heritage trees. 5. Other unusual circumstances that make strict compliance with the 14 clearance of vegetation provisions of Section�318 undesirable or 15 impractical. 16 _ _ . Section 316.26 318.24 Storage of Firewood and Combustible Material. Firewood 17 and combustible material shall not be stored in unenclosed spaces beneath buildings 18 or structures, or on decks or under eaves, canopies or other projections or overhangs. When required by the fire code official, storage of firewood and combustible 19 material stored in the defensible space shall be located a minimum of 20 feet from 20 structures and separated from the crown of trees by a minimum horizontal distance of 15 feet." 21 22 FINDINGS:AAC,D,E,F APPLY z-^Q-TIMSE rA40��ME`T9 OF CHAPTER 23 OF T44E 2007 CALIFORNIA FUZE CODE 24 25 15.16.120 Spark Arrester defined. 26 Section 202 of the California Fire Code is amended by adding the following 27 definition: 28 -22- 1 SPARK ARRESTER is a device constructed of stainless steel, aluminum, 2 copper, or brass, woven galvanized wire mesh, nineteen gauge minimum or three-eighths inch minimum to one-half inch maximum openings, mounted in 3 or over all outside flue openings in a vertical or near vertical post, adequately 4 supported to prevent movement and to be visible from the ground. 5 FINDINGS: A,B,C,D,E,F APPLY 6 7 15.16.121 Safe and Sane Fireworks defined. 8 Section 202 of the California Fire Code is amended by adding the following 9 definition: 10 Safe and Sane Fireworks means any fireworks which do not come within the 11 definition of "dangerous fireworks" or "exempt fireworks" as defined in the 12 California Health and Safety Code. FINDINGS: A,B,C,D,E,F APPLY 13 14 15.16.126 Premises Identification. 15 Section 505.1 of the California Fire Code is amended to read as follows: 16 17 Section 505.1 Premises Address Identification. Approved numbers sha4l be—� i of 6" high if the building is 100 lineal feet E)r- less en the stfee 18 » 19 lam— New and existing buildings shall have approved address numbers, 20 building numbers, or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. 21 These numbers shall contrast with their background. Address numbers shall be 22 Arabic numbers or alphabetical letters. Numbers shall be a minimum of 6" high if the building is 100 lineal feet or less on the street elevation. If rg eater 23 than 100 lineal feet, numbers shall be a minimum of 12" high. The minimum 24 stroke width shall be 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other 25 sign or means shall be used to identify the structure. In addition, all fire 26 department PIV's, FDC's, OS&Y's, etc., shall have a permanent address sign 27 identifying the building or fire system that it serves. 28 -23- 1 15.16.135 Fire Department Access. 2 Section 503.1.1 of the California Fire Code is amended to read as follows: 3 4 503.1.1 Required Access. Fire apparatus access roads shall be required for 5 every building hereafter constructed. The access roadway shall be extended to within one hundred fifty (150) feet of, and shall give reasonable access to, all 6 portions of the exterior walls of the first story of any building. An access road 7 shall be provided within fifty (50) feet of all multiple story buildings or when the natural grade between the access road and building is in excess of thirty (30%). �'he +e the, -aFiGesss 'r.-AA�.'1�n v nnupat �o v�r�� �'. nr nrr�r yed fifes 9 pr-eteefiea systefa or- systems sha4l be pr-&Aided as r-equifed and approved by the 10 rrrGZZaGr. 11 More gmn one fire apparatus aeeess read shall be pr-emAded when it is 12 detemiined by the Fire Chief that aeoess by a single road Filight be impair-ed bj vehicle > eendition of teffain, 13 eeul lin-4t aeees . 14 FINDINGS: A,C,D,E,F APPLY 15 15.16.140 Maintenance of Access Roadways. 16 17 Section 503.3 of the California Fire Code is amended to read as follows: 18 503.3 Marking of fire apparatus access roads. As directed by the Fire Marshal, 19 the owner or the individual in control of emergency access roadways and streets 20 in private developments shall paint curbs red and label in six inch by one-half inch white letters "NO PARKING- FIRE LANE" every twenty feet where 21 parking is not allowed. 22 and/or 23 24 Conspicuously post legible, permanent all-weather signs with lettering having a minimum height of two inches and a minimum width of one-half inch every 25 fifty feet. Signs are to read "NO PARKING- FIRE LANE". 26 FINDINGS: A,B,C,D,E,F APPLY 27 Section 503.4 of the California Fire Code is amended by adding the following: 28 -24- 1 -A4dth of the fire- 2 , of 3 Seetie 503.7 1 shall be mnii 4•nine at a4 times 4 5 503.4.1 Entrances to roads, trails or other access ways, which have been closed with gates and barriers in accordance with Section 503.5 shall not be obstructed 6 by parked vehicles. 7 Any obstruction or impedance with reasonable access may be removed or 8 repaired forthwith by any public safety agency. The expense of removal or 9 repair is to be borne by the owner of the roadway. In the case of an obstructing to vehicle or object, the expense is to be borne by the owner of said vehicle or object. 11 12 Section 503.2 of the Californi a Fir e Code is amended by adding the following: 13 503.2.9 Prior to combustible construction, the owner or contractor shall 14 provide and maintain concrete or asphalt roadways that will support the imposed loads of emergency apparatus in all weather conditions. 15 FINDINGS: A,B,C,D,E,F APPLY 16 17 15.16.155 Automatic Fire Extinguishing Systems. Section 903.2 of the California Fire Code is amended to read as fell 19 by adding the following: 20 903.2 Where required. An automatic fire extinguishing system shall be installed 21 in all newly constructed buildings where the square footage is 5,000 square feet 22 or more, and throughout all occupancies as set forth in this section. All portions of the building shall comply. No partial systems allowed. This section shall 23 apply to the following: 24 1. The existing building square footage is increased to 5000 square feet or 25 more, or the existing square footage is 5,000 or more and any additional 26 square footage or appendage is added. 27 2. The existing building is, or exceeds 5000 square feet and the cumulative 28 -25- 1 amount of remodeling, rehabilitation or repairs exceed 50% or more of the 2 total floor area of the building, as determined by the Chief and Building Official. 3 4 3. In buildings that are, or exceed 5000 square feet which have been vacant, or 5 lack a verifiable legal occupancy for a period of 365 days. (San Bernardino Municipal Code Title 5 and Title 15) 6 7 4. Buildings which are, or exceed 5000 square feet and have a change in use or occupancy classification, which increases the fire hazard of the structure or 8 the life safety of the occupants as determined by the Chief. 9 10 5. Buildings which have had an occupancy change and exceed the maximum allowable square footage per occupancy type as set forth in�the California 11 Fire Code, Chapter 9. 12 ResidepAial in fill develepmef4 in afeas where the fire flow does not meet. 13 • the 'ni,,,;re tlE)w 14 15 EW�Pti6IS:- 16 17 > > _ areas afe pped dffettghotA with an atAematie fire a4arm system and, 18 are separated from the remainder- of the build in by fire baffie f, 19 eansisting of not less than I houf fire r-esistanee rated waNs and 2 -he 20 -fire //l 21 an sha4 be as r or +,EM 901 901 7 1'7 22 _ Con ' 23 For purposes of this section, fire walls and fire partitions shall not define 24 separate buildings. A clear unattached space of not less than (10) feet shall define separate buildings. 25 FINDINGS: A,B,C,D,E,F APPLY 26 27 15.16.170 Power Source. 28 Section 907.2.10.2 907.2.11.4 of the California Fire Code is amended to r-e b ay dding the followings AA tA��AZT 1[ • . -26- 1 2 79v .1 907.2.11.4.1 Power Source. ha now eeastpaetien, and in neN4y r p-R 3.1 oeeupaneies,-and- When required by the Fire Marshal in 3 existing Group R Occupancies smoke alarms shall receive their primary power 4 from the building wiring where such wiring is served from a commercial source 5 and shall be equipped with a battery backup. Smoke alarms shall emit a signal when batteries are low. The wiring shall be permanent and without a 6 disconnecting switch other than those required for overcurrent protection. 7 Locations of the smoke detectors shall be determined by the California Building Code. 8 FINDINGS: A,B,C,D,E,F APPLY 9 10 15.16.180 Storage of Combustible Pallets 11 Chapter 19 of the California Fire Code is amended by adding the following 12 Section 1910 Storage of Combustible Idle Pallets 13 14 1910.1 General. Storage of combustible idle allets shall be in accordance with 15 this section. A permit shall be obtained in accordance with Chapter 1 Section 16 105.6. 17 18 1910.2 Storage location. Pallets shall be stored outside or in a separate buildin 19 designed for allet storage unless stored indoors in accordance with Section 20 1910.3. 21 22 1910.3 Indoor storage. Pallet storage in a building used for other storage or other 23 ose shall be in accordance with the provisions for high-hazard commodi 24 high-piled combustible storage contained in Cha 25 =p-ter 23. 26 Exce lion: When indoor storage does not exceed 6 feet 1.8 m in height and the 27 28 aggregate volume of all stored pallets does not exceed 2,500 cubic feet -27- 1 1910.4 Outdoor storage. Pallets stored outside shall be stored in accordance wit 2 Table 1910.4.1 and Table 1910.4.2 and Sections 1910.5.and 1910.6 3 4 1910.5 Outdoor ile dimensions. Pallet stacks shall not exceed 15 feet 4.6 m 5 height nor shall cover an area greater than 500 square feet 46.5 m2). Pallet stacki 6 shall be arranized to form stable iles. Piles shall be separated by a minimum of 8 feet (2.5 m). Piles shall be a minimum of 10 feet (3.1 m) from property lines. 8 9 1910.6 Fire department access. Fire Department access roadways, meeting the 10 re uirements of the Cily of San Bernardino Fire Department shall be maintained 11 within 150 feet of all pallet storage and structures. 12 13 Table 1910.4.1 14 Required Clearance Between Outside Idle Pallet Storage and Other Yard Storage 15 Pile Size Minimum Distance, in feet(m) 16 Under 50 pallets 20 6.1 m 17 50-200 pallets 30 9.2 m 18 Over 200 pallets 50 (15.2 m) 19 20 21 22 Table 1910.4.2 23 Required Clearance Between Outside Idle Pallet Storage and Structures 24 Minimum distance of Wall from Storage, in feet 25 m 26 Wall Construction Under 50 50 to 200 Over 200 27 Pallets Pallets Pallets 28 Masonry or concrete with no openings 0 0 15 4.6 m -28- 1 Masonry with wired lad ss in openings, 0 10 3.1m 20 6.1m 2 outside sprinklers and 1-hour doors 3 Masonry with wired or plain glass, 4 103.1m 206.1m 309.2m outside sprinklers, and 3/4-hour doors 5 Wood or metal with outside sprinklers 110 3.1 m 20 6.1 m 30 9.2 m 6 Wood,metal, other 20 6.1 m 30 9.2 m 50 15.2 m 7 8 9 15.16.200 Individual Piles. 10 Section 2505.1 of the California Fire Code is amended to read as follows: 11 2505.1 Individual piles. Tires shall be restricted to individual piles not 12 exceeding 2,500 square feet of continuous area. Piles shall not exceed 25,000 13 cubic feet in volume or 10 feet in height 14 FINDINGS: A, ,C, ,E,F APPLY 15 15.16.205 Sparks from Chimneys. 16 Section 603.2 of the California Fire Code is amended by adding the following: 17 18 603.2.1 Sparks from Chimneys. Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuels are used shall 19 be maintained with an approved spark arrester. An approved spark arrester 20 shall mean a device constructed of stainless steel, aluminum, copper, or brass, 21 woven galvanized wire mesh, nineteen gauge minimum or three-eighths inch minimum to one-half inch maximum openings, mounted in or over all outside 22 flue openings in a vertical or near vertical position, adequately supported to 23 prevent movement and to be visible from the ground. FINDINGS: A,B,C,D,E,F APPLY 24 25 15.16.215 Fire Damage. 26 Section 110 A3ge Chapter 1 of the California Fire Code is amended by 27 adding the following: 28 -29- 1 1110_5 Fire Damage. ( The owner, occupant or other persons 2 under his control, having any property, or materials on a property damaged by fire, when access by the public is possible, shall secure the property by boarding 3 up all openings, fencing, barricading or other appropriate measures as 4 determined by the Chief. 5 All debris and/or damaged materials shall be removed from the property and 6 proof furnished that contractual arrangements have been made for demolition, 7 replacement or repair of all fire damaged structures remaining on property involved in the fire, as determined by the Chief. 8 FINDINGS: A,B,C,D,E,F APPLY 9 10 15.16.220 False Alarm. 11 12 Section 401.3 401.5 of the California Fire Code is amended by adding the following: 13 14 401.3: 401_.5.1, False Alarms. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any 15 manner. Failure to comply with this Section will result in penalties charged as 16 prescribed in Section 103.4.2 Cost Recovery of the California Fire 17 Code. FINDINGS: A,B,C,D,E,F APPLY 18 19 20 15.16.235 Standby Personnel for Public Gatherings. 21 Section 403.1 of the California Fire Code is amended to read as follows: 22 Section 403.1 Standby Personnel. Whenever, in the opinion of the Fire Chief, it 23 is essential for public safety in any place of public assembly or any other place 24 where people congregate, due to the number of persons, or the nature of the performance, exhibition, display, contest or activity, the owner, agent or lessee 25 shall reimburse the Fire Department for one or more qualified persons as 26 required and approved by the Fire Chief to be on duty at such place. Such individuals shall be subject to the Fire Chief's orders at all times when so 27 employed and shall remain on duty during the time such places are open to the 28 public, or when such activity is being conducted. -30- 1 Section 403.1.1 Fire Prevention Personnel. Before each performance or the start 2 of such activity, said personnel shall inspect the required fire appliances provided to determine that such devices are in proper place and in good 3 working order and inspect exits and aisles to ensure such passageways are clear 4 and adequate, and shall keep diligent watch for any safety violations during the 5 time such place is open to the public or such activity is being conducted and take prompt measures for correcting problems that may occur. Such individuals 6 shall not be required or permitted, while on duty, to perform any other duties 7 than those herein specified. 8 Section 403.1.2 Special Event Medical Plan Required. Whenever, in the 9 opinion of the Fire Chief, it is essential for public safety in any place of public 10 assembly or any other place where people congregate, due to the number of persons or the nature of the performance, exhibition, display, contest or 11 activity, the owner, agent or lessee shall submit a Special Event Medical Plan 12 for approval by the Fire Department. This plan shall be submitted at least 30 days prior to the special event. The owner, agent, or lessee shall provide 13 additional emergency medical services, ambulance service, equipment, supplies 14 and personnel, as the Fire Department may require because of special circumstances, including but not limited to the location and nature of the event, 15 accessibility to existing emergency medical services systems, access, and 16 weather conditions. In the event that the actual attendance at a special event 17 exceeds the estimate used for determinin the required equipment, supplies and personnel by more than 20 percent, it shall be the responsibility of the owner, 18 agent, or lessee to immediately_provide the additional medical equipment, 19 supplies, and personnel required. 20 FINDINGS: A,C,D,E,F APPLY 21 22 15.16.240 Solar Photovoltaic Power Systems. 23 24 Section 605 of the California Fire Code is amended by adding the following: 25 26 SECTION 605.11 Solar Photovoltaic Power Systems. Solar photovoltaic power 27 systems shall be installed in accordance with this code, the California Building Code and California Electric Code. 28 -31- - - f I 1 Exception: Detached Groin U non-habitable structures such as parking shade 2 structures, carports, solar trellises, and similar type structures are not subject to 3 the requirements of this section. --- 4 605 11 1 Marking Marking is required on all interior and exterior do conduit, 5 enclosures, raceways, cable assemblies, junction boxes, combiner boxes, and disconnects. 6 7 605.11.1.1 Materials. The materials used for marking shall be reflective, weather resistant and suitable for the environment. Marking as required in 8 sections 605.11.3 through 605.11 shall have all letters capitalized with a 9 minimum height of 3/8 inch (9.5 mm) white on red background. 10 605.11.1.2 Marking content. The marking shall contain the words "WARNING: 11 PHOTOVOLTAIC POWER SOURCE". 12 605.11.1.3 Main service disconnect. The marking shall be placed adjacent to 13 the main service disconnect in a location clearly visible from the location where 14 the disconnect is operated. 15 605.11.1.4 Location of Marking. Marking shall be placed on all interior and 16 exterior do conduit, raceways, enclosures and cable assemblies every 10 feet 17 (3048 mm) within 1 foot (305 mm) of all turns or bends and within 1 foot (305 mm) above and below all-penetrations of roof/ceiling assemblies and all walls 18 and/or barriers. 19 605.11.2 Locations of DC conductors. Conduit, wiring systems, and raceways 21 for photovoltaic circuits shall be located as close as possible to the ridge or hip 22 or valley and from the hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize ventilation opportunities. Conduit runs 23 between sub arrays and to DC combiner boxes shall be installed in a manner 24 that minimizes total amount of conduit on the roof by taking the shortest path from the array to the DC combiner box. The DC combiner boxes shall be 25 located such that conduit runs are minimized in the pathways between arras. 26 DC wiring shall be run in metallic conduit or raceways when located within 27 enclosed spaces in a building. Conduit shall run along the bottom of load bearing members. 28 -32- 1 605.11.3 Access and pathways. Roof access, pathways, and spacing 2 requirements shall be provided in order to ensure access to the roof; provide pathways to specific areas of the roof, provide for smoke ventilation operations; 3 and to provide emergency egress from the roof. 4 5 Exceptions: 1. Requirements relating to o rid eg,hip, and valleys do not apply to roofs slopes 6 of two units vertical in twelve units horizontal (2:12) or less. 2. Residential structures without ridges shall be designed so that each array is no greater than 150 feet (45 720 mm) by 150 feet (45 720 mm) in either axis. 8 3. The fire chief may allow panels/modules to be located up to the ridge when 9 an alternative ventilation method acceptable to the fire chief has been provided to or where the fire chief has determined vertical ventilation techniques will not be employed. 11 12 605.11.3.1 Roof access points. Roof access points shall be defined as an area 13 that does not place ground ladders over openings such as windows or doors, 14 and are located at strong points of building construction in locations where the 15 access point does not conflict with overhead obstructions such as tree limbs, ' wires or signs. 16 17 605.11.3.2 Residential systems for one- and two-family residential dwellings. Access shall be provided in accordance with Sections 605.11.3.2.1 through 18 605.11.3.2.4 19 605.11.3.2.1 Residential buildings with hip roof layouts. Panels /modules shall 2° be located in a manner that provides a 3 foot (914 mm) wide clear access 21 pathway from the eave to the ridge on each roof slope where panels/modules 22 are located. The access pathway shall be located at a structurally strong location on the building capable of supporting the live load of fire fighters accessing the 23 roof 24 605.11.3.2.2 Residential buildings with a single ridge. Panels/modules shall be 25 located in a manner that provides two 3 foot (914 mm) wide access pathways 26 from the eave to the ridge on each roof slope where panels/modules are located. 27 605.11.3.2.3 Hips and Valleys: Panels/modules shall be located no closer than 28 18 inches L457 mm to a hip or a valley if panels/modules are to be placed on both sides of a hip or valley. If the panels are to be located on only one side of a 33- atiY wnw 1 hip or valley that is of equal length then the panels shall be permitted to be 2 placed directly adjacent to the hip or valley_ 3 605.11.3.2.4 Smoke Ventilation. Panels/modules shall be located no higher than 4 feet (914 mm) below the ridge in order to allow for fire department smoke 5 ventilation operations. 6 605.11.3.3 All other occupancies. Access shall be provided in accordance with Sections 605.11.3.3.1 through 605.11.3.3.3. 8 9 Exception: Where it is determined by the fire code official that the roof 10 configuration is similar to a one- or two-family dwelling, the fire code official may approve the residential access and ventilation requirements provided in 11 '605.11.3.2.1 through 605.11.3.2.4. 12 605.11.3.3.1 Access. There shall be a minimum 6 foot (1829 mm) wide clear 13 perimeter around the edges of the roof. X14 Exception: If either axis of the building is 250 feet (76 200 mm) or less, there 15 shall be a minimum 4 foot (1290 mm) wide clear perimeter around the edges of 16 the roof. 17 605.11.3.3.2 Pathways. The solar installation shall be designed to provide 18 designated pathways. The pathways shall meet the followin g requirements: 19 20 1. The pathway shall be over areas capable of supporting the live load of fire fighters accessing the roof 21 2. The center line axis pathways shall be provided in both axis of the roof. 22 Center line axis pathways shall run where the roof structure is capable of supporting the live load of firefijzhters accessing the roof. 23 3. Shall be straight line not less than 4 feet (1290 mm clear to skylights and/or 24 ventilation hatches 4. Shall be straight line not less than 4 feet (1290 mm) clear to roof standpipes 25 5. Shall provide not less than 4 feet (1290 mm) clear around roof access hatch 26 with at least one not less than 4 feet (1290 mm�clear pathway to parapet or roof ed e -- - -- 27 28 605.11.3.3.3 Smoke Ventilation. The solar installation shall be desingd to meet the following requirements: -34- 1 2 1. Arrays shall be no greater than 150 feet (45 720 mm�y 150 feet (45 720 mm) in distance in either axis in order to create opportunities for smoke 3 ventilation operations. 4 5 2. Smoke ventilation options between array sections shall be one of the following: 6 7 2.1. A pathway 8 feet (243 8 mm) or greater in width; 2.2 A 4 feet (1290 mm) or greater in width pathway and borderingL roof 8 skylights or smoke and heat vents: 9 2.3 A 4 feet (1290 mm) or greater in width pathway and bordering 4 foot (1290 10 mm) x 8 foot (2438 mm) "venting cutouts" every 20 f eet .(6096 mm) on alternating sides of the pathway 11 12 605.11.4 Ground mounted photovoltaic arrays. Ground mounted photovoltaic arrays shall comply with Sections 605.11 through 605.11.2 and this section. 13 Setback requirements do not apply to around-mounted, free standing 14 photovoltaic arrays. A clear brush area of 10 feet (3048 mm) is required for 15 ground mounted photovoltaic arrays. 16 17 15.16.255 Seizure of Fireworks. 18 19 Chapter 33 of the California Fire Code is amended by adding the following: 20 Section 3309 Seizure of Fireworks. The Chief or Law Enforcement agency is 21 authorized to seize, take, remove or cause to be removed, at the expense of the 22 owner, all stocks of fireworks offered or exposed for sale, stored or held in violation of Affiele 79 ^r the Soji Bemar-dine unietp erode. Section 8.60. 23 FINDINGS:A,B,C,D,E,F APPLY 24 25 15.16.257 Additional Requirements for Tanks Located Within Below- 26 Grade Vaults. 27 Section 3404.1 of the California Fire Code is amended by adding the following: 2s -35- 1 3404.1.1 General. Storage of flammable or combustible liquids in tanks located 2 within below-grade vaults shall be in accordance with Section 3404 and the San Bernardino County Fire Chiefs Policy. 3 FINDINGS: A,C,D,E,F APPLY 4 5 15.16.270 LP-Gas permits, Plans and Records. 6 Section 3801.3 of the California Fire Code is amended to read as follows: 7 3801.3 Permits and Plans. When a commercial installation is 125-gallon 8 aggregate water capacity or greater, the installer shall submit plans for such 9 installation. 10 FINDINGS: A,B,C,D,E,F APPLY 11 1 c i 280 E cfeet;v,,ness 12 -Seetion 4701 of the Calififfrxia Fire Code is amended by adding the folle 13 14 regardless of delayed implementation date adopted by the of-gee of the 15 16 17 15.16.400 Authorized Fire Chief Representative. 18 19 Section 1.11.2.1.1 1. (1.1.) is amended by adding the following: Pursuant to California Fire Code Section 111.2.1.1 (" 1.11.2.1.1 1. (1.1.) and 20 California Building Code Section 111.2.1.1 r' .� 1.11.2.1.1 1.(1.2.) the 21 Building Official is hereby authorized to act as a representative of the Fire 22 Chief to enforce building standards adopted by the California State Fire marshal related to new construction or alterations. 23 24 25 26 1H 27 28 1H -36- 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.1 2 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE 201 CALIFORNIA FIRE CODE, WITH APPENDICES, AND INCORPORATING B 3 REFERENCE THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE AN NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNI 4 CODE OF REGULATIONS, TITLE 24. 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2010 by the following vote, to wit: 7 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT .9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 13 SHORRETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 1s 19 Rachel Clark, City Clerk 20 The foregoing Ordinance is hereby approved this day of , 2010. 21 22 23 PATRICK J. MORRIS, Mayor City of San Bernardino 24 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 By: 2s -37- LW 2 1 ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING 3 CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE 4 AND ADOPTING THE 2010 CALIFORNIA FIRE CODE, WITH 5 APPENDICES, AND INCORPORATING BY REFERENCE THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE AND NECESSARY 6 CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNIA CODE OF REGULATIONS, TITLE 24. 8 9 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN to BERNARDINO DO ORDAIN AS FOLLOWS: 11 Section 1. Findings. The Mayor and Common Council of the City of 12 San Bernardino do hereby find and declare pursuant to California Health and Safety Code Sections 17958, 17958.5, and 17958.7 the following: 13 14 a. Adverse climatic conditions increase the likelihood of fire. Minor fires can rapidly spread to large ones due to extreme heat, frequent periods of 15 drought, low humidity, and yearly winds (Santa Ana), which have been 5 recorded to reach gusts in excess of 90 miles per hour. 17 b. Existing structures with wood shingles and shakes may contribute to the 18 rapid spread of fire to adjacent structures. Although wood shingles and shakes 19 are no longer approved for new construction in the City, there are many 20 existing structures with this type of roofing material. 21 c. There is an increased danger of fire because of natural vegetation including 22 grass, chaparral, manzanita, and chamise. Another factor that increases the risk of fire danger to the City is elevation changes from gradual, to in excess of 23 30%, which include areas within the wildland interface area. Increased 24 development has created additional vehicular traffic on surface streets, freeways bisect the City at the north end and West End, and a freeway borders 25 the City of the south end. Flood Control channels, railways, natural streams and 26 the Santa Ana River also impede responses within the City limits. The rapid increase in single family dwellings and industrial buildings has created many 27 new streets, creating some dead-end streets, additional traffic signals have been 28 installed, all of which increase the response time of fire apparatus, thereby creating a greater risk of life and property from fire. -1- a� 1 2 d. There are portions of the City in the Hazardous Fire Area, where water supply is very limited. Private tanks located on the homeowner's property often 3 provide the only available water supply for firefighting purposes. Public fire 4 hydrants, with appropriate fire-flow, are located several thousand feet from 5 these structures. 6 e. The City has within its boundary potentially active seismic hazards. 7 Seismic activity occurs within the City and a fire potential exists with these active faults. Existing structures and planned new developments are at serious 8 risk from these faults. 9 10 f. Due to these local climatic, geological and topographical conditions, there is an express need for changes and modifications in the 2010 Edition of 11 the California Fire Code. 12 Section 2. San Bernardino Municipal Code, Chapter 15.16 is amended to 13 read as follows: 14 is 15.16.010 Citation. (40,6 The Ordinance codified in this chapter and the code and standards adopted by 17 reference in Section 15.16.020 shall be known as the California Fire Code. 18 15.16.020 Code Adopted. 19 The 2010 Edition of the "California Fire Code" together with the California 20 Code of Regulations, Title 24, and Appendix Chapter 4, and Appendices B, C, 21 E, F, G and H, and the International Fire Code, 2009 Edition published by the 22 International Code Council are adopted by reference into this Chapter, and are hereby collectively declared to be the Fire Code of the City of San Bernardino 23 and are incorporated in the Municipal Code of the City of San Bernardino. The 24 provisions of the California Fire Code shall apply to all areas within the jurisdiction of the City of San Bernardino. One copy of the 2010 Edition of the 25 California Fire Code, including California Amendments and Appendices is on 26 file in the Office of the City Clerk. 27 29 -2- 1 15.16.030 Definitions. 2 A. Whenever "jurisdiction" is used in the California Fire Code, it shall mean 3 the City of San Bernardino. 4 5 B. Whenever "chief' is used in the California Fire Code it shall mean the Chief of the Fire Department of the City of San Bernardino, hereinafter 6 called "Fire Chief', or the Chief s authorized representative. 7 C. Whenever "corporation counsel" is used in the California Fire Code, it shall $ mean the City Attorney of the City of San Bernardino. 9 D. Whenever "Fire Code Official" is used in the California Fire Code, it shall to mean "Fire Marshal" or the Chief's authorized representative. 11 12 15.16.040 Amendments. 13 The following sections and provisions of the California Fire Code, (2010 14 Edition) are amended to read as set forth in Sections 15.16.045 through 15 15.16.400 (W�G 15.16.045 Liability. 17 Section 103.4 Chapter 1 of the California Fire Code is amended by adding the 18 following: 19 103.4.2 Cost Recovery. 20 21 1. Fire suppression, investigation, rescue, hazardous materials, or emergency 22 medical costs are recoverable in accordance with California Health and Safety Code, Sections 13009 and 13009.1. 23 2. Any person who negligently or intentionally, or in violation of the law 24 causes an emergency response is liable for the costs of securing such emergency. This shall include but not be limited to situations such as false 25 alarms, traffic accidents, fire watch, or spills of toxic or flammable fluid or 26 chemicals, and the costs related to the investigation of the incident. Expenses incurred by the Fire Department for securing such emergency situation shall 27 constitute a debt of such persons and is collectable by the Fire Chief in the same 28 manner as in the case of any obligation under contract, expressed or implied. FINDINGS: A,B,C,D,E,F APPLY (W -3- 1 15.16.055 Applicant Appeals. 2 Section 108.1 Chapter 1 of the California Fire Code is amended to read as 3 follows: 4 5 108.1 Appeals. The applicant may appeal the Fire Chief's denial, suspension or revocation of a permit or his/her interpretation of this code to the Fire 6 Commission within ten days from the date of notice of the decision. The Fire 7 Commission shall render its decision and findings in writing to the Fire Chief with a duplicate copy to the applicant. s 9 Appeal Fees. When appeals are filed a processing fee in an amount established 10 by resolution of the Mayor and Common Council shall be paid by the applicant to research and process the appeal. The fee shall be paid to the Fire 11 Department. 12 108.3 Delete entire section. 13 FINDINGS: A,B,C,D,E,F APPLY 14 15.16.060 Fire Prevention Bureau Personnel and Police. 15 16 Section 103.3 Chapter 1 of the California Fire Code is amended to read as 17 follows: 18 103.3 The Fire Chief, Fire Marshal and members of the fire prevention bureau 19 shall have the powers of a peace officer as defined in Section 830.31 of the 20 Penal Code, in performing their duties under this code. 21 The following persons have the duty, and are hereby authorized, to enforce the 22 provisions of this code and make arrests and issue citations as authorized by law: 23 24 1. Fire Chief, Fire Marshal, Fire Prevention Supervisor, Arson Investigators, Firefighters, Fire Plans Examiner/Systems Inspector, Fire Prevention 2s Officers and Fire Prevention Technicians. 26 2. When requested to do so by the Fire Chief, the Chief of Police is 27 authorized to assign such available police officers as necessary to assist the 28 fire department in enforcing the provisions of this code. FINDINGS: A,B,C,D,E,F APPLY -4- (W 1 2 15.16.061 Commencement of Proceedings. 3 Section 110 Chapter 1 of the California Fire Code is amended by adding the 4 following: 5 110.5 Abatement Proceedings. Whenever the Fire Chief or his/her designated 6 representative reasonably believes a violation of the California Fire Code exists, he/she shall commence abatement proceedings in accordance with Chapter 8.30 of the San Bernardino Municipal Code. All hearings shall be conducted by the 8 Fire Chief or his/her designee ("Hearing Officer"). The Hearing Officer may 9 hear matters pertaining to both California Fire Code violations and/or public nuisance violations as enumerated in Section 8.30.010. (Ord. MC-1015, 1-26- 10 98) 11 FINDINGS: A,B,C,D,E,F APPLY 12 15.16.065 Inspections & Inspection Fees. 13 14 Section 105.1.1 Chapter 1 of the California Fire Code is amended by adding the following: 15 16 105.1.1.1 Inspection Fees 17 These fees shall be set by Resolution of the Mayor and Common Council. 18 19 Inspection Fees - An inspection fee may be charged for Fire Department routine 20 inspections and re-inspections of property to cover the costs of such inspections. The amount of the inspection fee shall be established by 21 Resolution of the Mayor and Common Council. 22 1. The Fire Marshal may authorize refunding of any fee that was erroneously 23 paid or collected. Requests for refunding of any fee paid shall be submitted 24 by written application no later than 180 days after the date of fee payment. 25 2. The property owner/occupant charged the inspection fee may appeal the 26 imposition or the amount of the fee. Appeals related to fees shall be pursuant to Section 2.64 of the San Bernardino Municipal Code. 27 FINDINGS: A,B,C,D,E,F APPLY 28 Section 105.6.15 Delete (4w -5- 1 2 Section 105.6.29 is amended to read as follows: 3 Section 105.6.29 Miscellaneous combustible storage. An operational permit is 4 required to store in any building or upon any premises in excess of 2,500 cubic 5 feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, cork, or similar combustible material, and any storage amount of 6 rubber and rubber tires. 7 Section 105.6.35 Delete Exception 8 9 Section 105.6.47 Chapter 1 of the California Fire Code is amended by adding to the following: 11 4. Auto Wrecking Yards 12 5. Battery storage/Battery systems 6. Commercial Day Care Facilities 13 1. Less than 50 14 2. More than 50 7. Convalescent facilities (L 15 8 Fireworks booths 6 9. General inspection/Certificate of Occupancy 17 10. High Rise 11. Hospitals 18 1. Less than 100 beds 19 2. More than 100 beds 12. Kitchen Hoods (fixed hood and duct systems) 20 13. Large Family Day Care 21 14. New business inspection 22 15. Pallet Yards > 200 ft3 of wood or plastic storage 16. Radioactive materials 23 17. Residential board and care 24 18. Schools, private and vocational FINDINGS: A,B,C,D,E,F APPLY 25 26 15.16.070 New Construction and Alterations. 27 Section 105.7 Chapter 1 of the California Fire Code is amended to read as 28 follows: -6- 1 1. The fire code official is authorized to issue construction permits for work as 2 set forth in Chapter 1, Sections 105.7.1 through 105.7.14. 3 2. Approval and Inspection Fees. A fee will be charged for permits, plan 4 checks and/or inspections for construction or work which requires Fire 5 Department approval. The amount of the fee shall be established by Resolution of the Mayor and Common Council. 6 7 3. Investigation Fees: Work without a Permit. Whenever any work for which a permit is required by this code has been commenced without first obtaining said 8 permit, a special investigation shall be made before a permit may be issued for 9 such work. An investigation fee, in addition to the permit fee, shall be collected 10 whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the permit fee required by this code. The payment of such 11 investigation fee shall not exempt any person from compliance with all other 12 provisions of this code nor from any penalty prescribed by law. The Fire Marshal may authorize refunding of any fee paid hereunder which was 13 erroneously paid or collected. The Fire Marshal may authorize refunding of not 14 more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The Fire Marshal may authorize is refunding of not more than 80 percent of the plan review fee paid when an ,.6 application for a permit for which a plan review fee has been paid, is withdrawn 17 or canceled before any plan reviewing is done. The Fire Marshal shall not authorize refunding of any fee paid except on written application filed by the 18 original permittee not later than 180 days after the date of fee payment. 19 Section 105.7 of the California Fire Code is amended by adding the following: 20 21 Section 105.7.15 Solar photovoltaic power systems. A construction permit is 22 required to install or modify solar photovoltaic power systems. FINDINGS: A,B,C,D,E,F APPLY 23 24 15.16.075 Authorization to Issue Corrective Orders and Notices. 2s Section 109.2 Chapter 1 of the California Fire Code is amended to read as 26 follows: 27 General. When the chief finds in any building or on any premises combustible, 28 hazardous or explosive materials or dangerous accumulations of rubbish; or finds unnecessary accumulations of wastepaper, boxes, shavings or any highly -7- 1 flammable materials which are so situated as to endanger life or property; or '%Mwl 2 finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the 3 egress of the occupants of such building or premises; or finds that the 4 effectiveness of any exit door, attic separation or any fire separation wall is 5 reduced; or finds that this code is being violated the chief is authorized to issue orders as necessary, for the enforcement of the fire prevention laws and 6 ordinances governing the same, and for the safeguarding of life and property 7 from fire or any other situation which may effect the health safety of any person occupying buildings or premises. 8 FINDINGS: A,B,C,D,E,F APPLY 9 10 15.16.080 Stopping Uses and Evacuation. 11 Section 110.2 Chapter 1 of the California Fire Code is amended to read as 12 follows: 13 Stopping uses, evacuation. The Fire Chief is authorized to order any operation 14 or use immediately stopped or the immediate evacuation of any premises, building or vehicle, or portion thereof, which is a fire, life or health hazard 15 deemed unsafe when such building has hazardous conditions that present -6 imminent danger to building occupants. Persons so notified shall immediately 17 leave the structure or premises and shall not enter or re-enter until authorized to do by the fire official of the fire department official in charge of the incident. 18 FINDINGS: A,B,C,D,E,F APPLY 19 15.16.086 Citations. 20 21 Section 109.3 Chapter 1 of the California Fire Code is amended to read as 22 follows: 23 Section 109.3 Violation penalties. Persons who shall violate a provision of this 24 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 25 documents or directive of the Fire Marshal, or of a permit or certificate used 26 under the provisions of this code, shall be guilty of a misdemeanor, punishable 27 by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in the County jail not exceeding six months, or both such fine and 28 imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 1 FINDINGS: A,B,C,D,E,F APPLY 2 3 15.16.087 Emergency Abatement/Closure Procedure 4 Section 110.3 of the California Fire Code is amended to read as follows: 5 110.3 Summary abatement 6 7 A. Not withstanding any other provision of this Chapter with reference to the Abatement of California Fire Code violations, whenever the Fire Chief or 8 his/her duly authorized representative determines that property, a building 9 or structure is structurally unsafe, or constitutes a fire hazard, or endangers 10 the life, health, property or safety of the public or its occupants, and such condition constitutes an immediate hazard or danger, he or she shall, 11 immediately and forthwith abate the existing immediate hazard or danger, 12 including but not limited to the closure of the property. 13 B. In lieu of the summary abatement hearing procedures for Dangerous 14 Buildings in Section 15.28, the Fire Chief or his/her duly authorized representative shall mail, immediately after such emergency 15 abatement/closure, a Notice of Hearing to the owners of the real property ,16 upon which the structure is located. Notice shall be mailed to the address 17 as ascertained from title company records, the latest assessment roll of the County Assessor, or if no address is so shown, to the address of the 18 property as such address may be known by the Fire Chief or duly authorize 19 representative. Such notice shall contain the following information: 20 1) that a Hearing has been scheduled within twenty (20) days of such 21 emergency abatement/closure action before the Fire Chief or his/her 22 designee ("Hearing Officer") with the date, time and location of such Hearing; 23 24 2) that emergency action was taken with regards to the property; 25 3) the reason why he/she has taken the action. 26 At the hearing, the Hearing Officer shall consider all relevant evidence, 27 including, but not limited to, applicable staff reports. He or she shall give 28 any interested person a reasonable opportunity to be heard in conjunction therewith. Based upon the evidence so presented, the Hearing Officer shall C 1 determine whether the emergency action was warranted. The hearing shall 2 not be conducted according to formal rules of evidence or procedure, but shall be conducted in a manner generally complying with the 3 Administrative Procedure Act at Government Code Section 11370, et seq. 4 5 C. The expense of the abatement shall be itemized and, after a hearing, notice of which is given in substantial compliance with Section 8.30.040, relating 6 to the emergency nature of the abatement and the expenses incurred, shall 7 constitute a special assessment and lien against the abated parcel as set forth in Sections 8.30.110, 8.30.120, 8.30.130, and 8.30.150_ 8 FINDINGS: A,B,C,D,E,F APPLY 9 10 15.16.100 All Weather Driving Surface defined. 11 Section 202 of the California Fire Code is amended by adding the following 12 definition: 13 ALL WEATHER DRIVING SURFACE is an approved concrete or asphalt 14 covering of sufficient thickness to support the imposed loads of fire apparatus. 1s FINDINGS: A,B,C,D,E,F APPLY 16 15.16.110 Fireworks defined. 17 Section 202 of the California Fire Code is amended by amending the definition 18 of"Fireworks" to read as follows: 19 FIREWORKS shall mean and include any combustible or explosive 20 composition, or any substance or combination of substances, or device prepared 21 for the purpose of a visible or audible effect by combustion, explosion, 22 deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, firecrackers, 23 torpedoes, skyrockets, roman candles, daygo bombs, sparklers, or other devices 24 of like construction and any devices containing an explosive substance, except that the term "Fireworks" shall not include auto flares, paper caps containing 25 not in excess of 0.25 grain of explosive content per cap or toy pistols, toy canes, 26 toy guns or other devices for use of such caps, the sale and use of which shall 27 be permitted at all times. FINDINGS: A,B,C,D,E,F APPLY 29 -10- U 1 15.16.112 Hazardous Fire Area defined. 2 Section 202 of the California Fire Code HAZARDOUS FIRE AREA is 3 amended by adding the following definition: 4 5 HAZARDOUS FIRE AREA is land which is covered with grass, grain brush or forest, whether privately or publicly owned, which is so situated or is of such 6 inaccessible location that fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. Such areas are designated as follows: 8 9 That area within the City lying north of a line extending Easterly from the 10 West City limits to the East City limits and bounded on the South side by streets and highways as follows: 11 12 Barstow Freeway from West City limits to the intersection of Palm Avenue and the Barstow Freeway; Northerly from the Barstow Freeway on Palm 13 Avenue to Kendall Drive; Easterly on Kendall Drive to 40th Street and 14 transition Easterly from the intersection of Kendall Drive and 40th Street; on 40th Street; and continue Easterly to Mountain Avenue; from the 15 intersection of 40th Street and Mountain Avenue; Southerly on Mountain �6 Avenue to 39th Street; Easterly on 39th Street to Del Rosa Avenue; 17 Southerly from the intersection of 39th Street to Marshall Boulevard; Easterly from the intersection of Del Rosa Avenue and Marshall Boulevard 18 on Marshall Boulevard; Marshall Boulevard to Victoria Avenue; Victoria 19 Avenue to Piedmont Drive; Piedmont Drive East to Diablo Drive; Diablo Drive East to El Toro Street; El Toro Street extending East to Highway 20 330; Highway 330 South to Highland Avenue; thence East and South- 21 easterly along the centerline of Highland Avenue to the centerline of 22 Church Street. 23 Inclusive of area beginning at the intersection of Pacific Street and Del 24 Rosa Avenue; Pacific Street West to Perris Hill Park Road; Perris Hill Park Road North in a line to intersect Highland Avenue; Highland Avenue 25 East to Del Rosa Avenue; Del Rosa Avenue South to Pacific Street. 26 2 Inclusive of area beginning at the intersection of Little Mountain Drive and Kendall Drive; Kendall Drive East to 401h Street; 40th Street East to 28 Electric Avenue; Electric Avenue South to Thompson Place; Thompson Place West to Mayfield Avenue; Mayfield Avenue South to 36th Street; 36th -11- 1 Street West to "F" Street; "F" Street South to 33rd Street; 33rd Street West 2 to "H" Street' "H" Street South to Marshall Boulevard; Marshall Boulevard West in a line to intersect Cajon Boulevard; Cajon Boulevard 3 West to University Parkway/State Street; University Parkway North to 4 State Street; State Street North to Morgan Road; Morgan Road East to 5 Little Mountain Drive; Little Mountain Drive North to Kendall Drive. 6 Hazardous Fire Areas shall be inclusive of any additional land area, 7 whether publicly or privately owned, which the Fire Chief of the Fire Department determines to be so situated or so inaccessible that fire upon 8 said land could present an abnormally difficult task of fire suppression. 9 Such additional land areas shall be designated on a map available to the 10 public and maintained by the Fire Department at the Central Fire Station, 200 East Third Street, San Bernardino. The Fire Chief shall provide a 11 written description of the boundaries of any additional land area to the 12 City Clerk who shall provide for publication of notice thereof pursuant to the provisions of California Government Code 6061 (MC-1023, 5-18-98; 13 Ord. MC-984, 11-4-96) 14 FINDINGS: A,B,C,D,E,F APPLY 15 15.16.114 Special Event defined. �Wwl6 17 A non-routine activity within a community that brings together a large number of people. Emphasis is not placed on the total number of people attending but 18 rather the impact on the community's ability to respond to large-scale 19 emergency or disaster or the exceptional demands that the activity places on 20 response services. A community's special event requires additional planning, preparedness, and mitigation efforts of local response and public safety 21 agencies. 22 15.16.118 Suppression and control of Hazardous Fire Areas. 23 24 Chapter 3 of the California Fire Code is amended by adding the following: 25 Section 318 Suppression and control of hazardous fire areas. 26 Section 318.1 Scope. 27 The unrestricted use of grass-, brush-, or forest-covered land in hazardous fire 28 areas is a potential menace to life and property from fire and resulting erosion. Safeguards to prevent the occurrence of fires and to provide adequate fire- -12- 1 protection facilities to control the spread of fire which might be caused by 2 recreational, residential, commercial, industrial or other activities conduced in hazardous fire areas shall be in accordance with this section. 3 4 Section 318.2 Definitions. For the purpose of Section 318, certain terms are 5 defined as follows: 6 1. Tracer is any bullet or projectile incorporating a feature which mark 7 or traces the flight of said bullet or projectile by flame, smoke or other means which results in fire or heat. $ 2. Tracer Charge is any bullet or projectile incorporating a feature 9 designed to create a visible or audible effect by means which result in 10 fire or heat and shall include any incendiary bullets and projectiles. 11 Section 318.3 Permits. The fire code official is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as 12 determined by the fire code official. 13 14 Section 318.4 Smoking. Lighting, igniting or otherwise setting fire to or smoking tobacco, cigarettes, pipes or cigars in posted areas is prohibited. is Section 318.5 Spark Arrestors. All existing chimneys used in conjunction with NMr-6 fireplaces, barbecues, incinerators or heating appliances in which solid, gas, or 17 liquid fuel is used shall be provided with a spark arrester constructed with heavy wire mesh or other noncombustible material with openings not to exceed '/2 inch. 1e Section 318.6 Tracer Bullets, Tracer Charges, Rockets, and model Aircraft. 19 20 1. Tracer bullets and tracer charges shall not be possessed, fired or caused to 21 be fired in the Special Protection Area. 22 2. Rockets, model planes, gliders and balloons powered with an engine 23 propellant or other feature liable to start or cause fire shall not be fired or projected in the Special Protection Area without a permit from the fire cod 24 official. 25 Section 318.7 Apiaries. Lighted and smoldering material shall not be used in 26 connection with smoking bees in or upon the very high fire severity zones except by permit from the fire code official. 27 28 -13- 1 Section 318.8 Outdoor Fires. Outdoor fires shall not be built, ignited or -.W 2 maintained in the Hazardous Fire Area, except by permit from the fire code official. 3 4 EXCEPTION: Outdoor fires within inhabited premises or designate 5 campsites where such fires are built in a permanent barbecue, portable 6 barbecue, outdoor fireplace, incinerator or grill and are a minimum of 3 feet from a grass-, grain-, brush- or forest-covered area. 7 Permits shall incorporate such terms and conditions which will reasonably 8 safeguard public safety and property. Outdoor fires shall not be built, ignited or 9 maintained in the Special Protection Area under the following conditions: 10 1. When high winds are blowing, 11 2. When a person age 17 or over is not present at all times to watch and ten such fire, or 12 3. When public announcement is made that open burning is prohibited. 13 Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be 14 used for the disposal of rubbish, trash or combustible waste material. 15 •,%M,-6 Section 318.9 Clearance of brush and vegetative growth from electrical 17 transmission lines. 18 General. Clearance of brush and vegetative growth from electrical transmission and distribution lines shall be in accordance with Section 318.9. 19 EXCEPTION: 20 Section 318.9 does not authorize persons not having legal right of 21 entry to enter on or damage the property of others without consent of the owner. 22 23 Section 318.9.1 Support Clearance. Persons owning, controlling, operating or maintaining electrical transmission or distribution lines shall have an 24 approved program in place that identifies poles or towers with equipment 25 and hardware types that have a history of becoming an ignition source, an 26 provides a combustible free space consisting of a clearing of not less than 1 feet in each direction from the outer circumference of such pole or towe 27 during such periods of time as designated by the fire code official. 28 -14- 1 EXCEPTION: Lines used exclusively as telephone, telegraph 2 messenger call, alarm transmission or other lines classed as communication circuits by a public utility. 3 4 Section 318.9.2 Electrical Distribution and Transmission Line Clearances 5 General. Clearances between vegetation and electrical lines shall be in accordance with Section 318.9.2. 6 7 Section 318.9.2.1 Trimming clearance. At the time of trimming, clearances 8 not less than those established by Table 318.9.2 (1) should be provided. The radial clearances shown below are minimum clearances that should be 9 established, at time of trimming, between the vegetation and the energized 10 conductors and associated live parts. 11 EXCEPTION: The fire code official is authorized to establish 12 minimum clearances different than those specified in Table 318.9.2 13 (1) when evidence substantiating such other clearances is submitted to the chief and approved. 14 15 Section 318.9.2.2 Minimum clearance to be maintained. Clearances not less 6 than those established by Table 318.9.2 (2) shall be maintained during such periods of time as designated by the chief. The site specific clearance 17 achieved, at time of pruning, shall vary based on species growth rates, the 18 utility company specific trim cycle, the potential line sway due to wind, line sway due to electrical loading and ambient temperature, and the tree's 19 location in proximity to the high voltage lines. 20 EXCEPTION: The chief is authorized to establish minimum 21 clearances different than those specified by Table 318.9.2 (2) when 22 evidence substantiating such other clearances is submitted to the chie 23 and approved. 24 2s TABLE 318.9.2 (1) MINIMUM CLEARANCES BETWEEN VEGETATION AND ELECTRICAL LINES AT TIME OF TRIMMING 26 27 28 -15- 1 MINIMUM RADIAL '%NW z LINE CLEARANCE FROM VOLTAG CONDUCTOR (feet) 3 E x304.8 mm 4 2,400- 4 5 72,000 72,001- 6 6 110,000 7 110,001- 10 8 300,000 300,001 15 9 or more to 11 12 TABLE 318.9.2 (2) MINIMUM CLEARANCES BETWEEN VEGETATION AND ELECTRICAL LINES TO BE MAINTAINED 13 14 MINIMUM 15 CLEARANCE C- LINE (inches) VOLTAGE x 25.4 MM 17 750-35,000 6 18 35,001-60,000 12 19 60,001-115,000 19 115,001-230,000 301/2 20 230,001-500,000 115 21 22 Section 318.9.3 Electrical power line emergencies. During emergencies, the 23 utility company shall perform the required work to the extent necessary to 24 clear the hazard. An emergency can include situations such as trees falling into power lines, or trees in violation of Table 318.9.2 (2) 25 Section 316.11.4 Correction of Condition. The fire code official is 26 authorized to give notice to the owner of the property on which conditions 27 regulated by Section 318.9 exist to correct such conditions. 28 -16- 1 Section 3 18.10 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, 2 rubbish or combustible waste material shall not be placed, deposited or dumped in or upon hazardous fire areas or in, upon or along trails, roadways or highways in 3 the Hazardous Fire Area. 4 5 EXCEPTION: Approved public and private dumping areas. 6 Section 318.11 Disposal of ashes. Ashes and coals shall not be placed, deposited 7 or dumped in or upon the Hazardous Fire Area. 8 EXCEPTIONS: 9 1. In the hearth of an established fire pit, camp stove or fireplace. 10 2. In a noncombustible container with a tight-fitting lid, which is kept or 11 maintained in a safe location not less than 10 feet from combustible 12 vegetation or structures. 13 3. Where such ashes or coals are buried and covered with 1 foot of mineral earth not less than 25 feet from combustible vegetation or structures. 14 e"15 Section 318.12 Use of fire roads and firebreaks. Motorcycles, motor scooters and 6 motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire roads or firebreaks beyond the point where travel is restricted by a cable, 17 gate or sign, without the permission of the property owners. Vehicles shall not be 18 parked in a manner which obstructs the entrance to a fire road or firebreak. 19 EXCEPTION: Public officers acting within their scope of duty. zo Radio and television aerials, guy wires thereto, and other obstructions shall not be 21 installed or maintained on fire roads or firebreaks unless located 16 feet or more 22 above such fire road or firebreak. 23 Section 318.13 Use of motorcycles, motor scooters and motor vehicles. Motorcycles, motor scooters and motor vehicles shall not be operated within area 24 closed per section 318.19, without a permit by the fire code official, except upon 25 clearly established public or private roads. Permission from the property owner 26 shall be presented when requesting a permit. 27 Section 318.14 Tampering with fire department locks, barricades and signs. 28 Locks, barricades, seals, cables, signs and markers installed within special protection area, by or under the control of the chief, shall not be tampered with, -17- twv1 mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or 2 under the control of the fire code official shall not be unlocked. 3 Section 318.15 Liability for damage. The expenses of fighting fires which result 4 from a violation of Section 318 shall be a charge against the person whose 5 violation of Section 318 caused the fire. Damages causedby such fires shall constitute a debt of such person and are collectable by the fire code official in the 6 same manner as in the case of an obligation under a contract, expressed or implied. 7 Section 318.16 Clearance of brush or vegetative growth from structures. 8 318.16.1 General. Persons owning, leasing, controlling, operating or maintaining 9 buildings or structures in the Hazardous Fire Area, and persons owning, leasing to or controlling land adjacent to such buildings or structures, shall at all times: 11 1. Maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 100 feet of such 12 buildings or structures; 13 Exception: 14 (a). Single specimens of trees, ornamental shrubbery or similaT 15 plants used as ground covers, provided that they do not form C6 means of rapidly transmitting fire from the native growth to an structure. 17 2. Maintain additional fire protection or firebreak by removing brush, 18 flammable vegetation and combustible growth beyond the 100 feet from such 19 buildings or structures, when required by the fire code official because of extra hazardous conditions causing a firebreak of only 100 feet to be 20 insufficient to provide reasonable fire safety. 21 Exception: 22 (b). Grass and other vegetation located more than 100 feet from 23 buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the 24 soil and prevent erosion. 25 3. Remove portions of trees which extend within 10 feet of the outlet of a 26 chimney. 27 4. Maintain trees adjacent to or overhanging a building free of deadwood. 28 5. Trees shall be trimmed to provide a minimum of 10-foot ground clearance. 6. Trees shall be cut/pruned at the angle of the slope in which they reside. C1 7. Irrigated surface fuels shall be maintained at a height not to exceed 18 2 inches. 3 8. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth. 4 9. Debris and trimmings shall be removed from the site, or chipped and 5 converted into mulch then evenly dispersed in the same area to a maximum 6 depth of three (3) inches. 7 10. Deadwood and tree litter shall be regularly removed from trees. 8 11. Tree crowns extending to within 10 feet of any structure shall be pruned to maintain a 10-foot clear horizontal distance. 9 10 Section 318.17 Clearance of brush or vegetation growth from roadways. The fir 11 code official is authorized to cause areas within 10 feet on each side of portions of 12 highways and private streets which are improved, designed or ordinarily used fo vehicular traffic to be cleared of flammable vegetation and other combustible 13 growth. The fire code official is authorized to enter upon private property to do so. 14 Exception: Single specimens of trees, ornamental shrubbery or cultivate 15 ground cover such as green grass, ivy, succulents or similar plants used as �6 ground covers, provided that they do not form a means of readily transmitting fire. 17 18 Section 318.18 Use of Equipment 19 1. Except as otherwise provided in this section, no person shall use, operate, or 20 cause to be operated, in, upon or adjoining any Hazardous Fire Area, any 21 internal combustion engine which uses hydrocarbon fuels, unless the engine is 22 equipped with a spark arrester and maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. 23 2. Spark arresters affixed to the exhaust system of engines or vehicles subject to 24 this section shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material. 25 3. A spark arrester is a device constructed of nonflammable material specifically 26 for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch in size from the exhaust flow of an internal z7 combustion engine that uses hydrocarbon fuels or which is qualified and rated 28 by the United States Forest Service. -19- 1 4. Engines used to provide motor power for trucks, truck tractors, buses, and 2 passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of 3 the State of California. 4 5. Turbocharged engines are not subject to this section if all exhausted gases 5 pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition. 6 7 Section 318.19 Restricted entry. The fire code official shall determine an publicly announce when areas within the Hazardous Fire Area shall be closed to 8 entry and when such areas shall again be opened to entry. Entry on and occupation 9 of hazardous fire areas, except public roadways, inhabited areas or established to trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited. 11 Exceptions: 12 1. Residents and owners of private property within hazardous fire areas an 13 their invitees and guests going to or being upon their lands. 14 2. Entry, in the course of duty, by peace or police officers, and other duly is authorized public officers, members of a fire department and members of the United States Forest Service. „16 3. A permit has been issued by the San Bernardino Fire Department to enter 17 a fire-closure area. 18 19 Section 318.20 Trespassing on posted property. 20 1. General. When the fire code official determines that a specific area within the 21 special protection area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to 22 structures or accessibility to the public, such areas shall be closed until change 23 conditions warrant termination of closure. Such areas shall be posted as hereinafter provided. 24 2. Signs. Approved signs prohibiting entry by unauthorized persons and referring 2s to applicable fire code chapters shall be placed on every closed area. 26 3. Trespassing. Entering and remaining within areas closed and posted is 27 prohibited. 2s -20- 1 Exception: Owners and occupiers of private or public property within 2 closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty. 3 4 Section 318.21 Explosives and blasting. Explosives shall not be possessed, kept 5 stored, sold, offered for sale, given away, used, discharged, transported or dispose 6 of within the Hazardous Fire Area except by permit from the fire code official. 7 8 Section 318.22 Fireworks. Fireworks shall not be used or possessed in the Hazardous Fire Area. 9 The Chief is authorized to seize, take, remove or cause to be removed fireworks in 10 violations of Section 318.22. 11 12 Section 318.23 Unusual Circumstances. The fire code official may suspend 13 enforcement and require reasonable alternative measures designed to advance the purposes of this section if he/she determines in any specific case that any of the 14 following conditions exist: 1s 16 1. Difficult terrain. 17 2. Danger of erosion. 3. Presence of plants included in any state and federal resources agencies, 18 California Native Plant Society and county-approved list of wildlife, 19 plants, rare, endangered and/or threatened species. 4. Stands or groves of trees or heritage trees. 20 5. Other unusual circumstances that make strict compliance with the 21 clearance of vegetation provisions of Section 318 undesirable or 22 impractical. 23 Section 318.24 Storage of Firewood and Combustible Material. Firewood and 24 combustible material shall not be stored in unenclosed spaces beneath buildings or structures, or on decks or under eaves, canopies or other projections or overhangs. 25 When required by the fire code official, storage of firewood and combustible 26 material stored in the defensible space shall be located a minimum of 20 feet from structures and separated from the crown of trees by a minimum horizontal distance 27 of 15 feet." 28 FINDINGS:A,B,C,D,E,F APPLY -21- 1 NOW 2 15.16.120 Spark Arrester defined. 3 Section 202 of the California Fire Code is amended by adding the following 4 definition: 5 SPARK ARRESTER is a device constructed of stainless steel, aluminum, 6 copper, or brass, woven galvanized wire mesh, nineteen gauge minimum or 7 three-eighths inch minimum to one-half inch maximum openings, mounted in or over all outside flue openings in a vertical or near vertical post, adequately 8 supported to prevent movement and to be visible from the ground. 9 FINDINGS: A,B,C,D,E,F APPLY 10 15.16.121 Safe and Sane Fireworks defined. 11 12 Section 202 of the California Fire Code is amended by adding the following definition: 13 14 Safe and Sane Fireworks means any fireworks which do not come within the definition of "dangerous fireworks" or "exempt fireworks" as defined in the is California Health and Safety Code. 16 FINDINGS: A,B,C,D,E,F APPLY 17 15.16.126 Premises Identification. 18 19 Section 505.1 of the California Fire Code is amended to read as follows: 20 Section 505.1 Address Identification. New and existing buildings shall have 21 approved address numbers, building numbers, or approved building 22 identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their 23 background. Address numbers shall be Arabic numbers or alphabetical letters. 24 Numbers shall be a minimum of 6" high if the building is 100 lineal feet or less on the street elevation. If greater than 100 lineal feet, numbers shall be a 2s minimum of 12" high. The minimum stroke width shall be 0.5 inch. Where 26 access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify 27 the structure. In addition, all fire department PIV's, FDC's, OS&Y's, etc., shall 28 have a permanent address sign identifying the building or fire system that it serves. -22- 1 �+ 2 3 15.16.135 Fire Department Access. 4 5 Section 503.1.1 of the California Fire Code is amended to read as follows: 6 503.1.1 Required Access. Fire apparatus access roads shall be required for every building hereafter constructed. The access roadway shall be extended to within one hundred fifty (150) feet of, and shall give reasonable access to, all $ portions of the exterior walls of the first story of any building. An access road 9 shall be provided within fifty (50) feet of all multiple story buildings or when 10 the natural grade between the access road and building is in excess of thirty (30%). 11 FINDINGS: A,C,D,E,F APPLY 12 15.16.140 Maintenance of Access Roadways. 13 14 Section 503.3 of the California Fire Code is amended to read as follows: 15 503.3 Marking of fire apparatus access roads. As directed by the Fire Marshal, -6 the owner or the individual in control of emergency access roadways and streets 17 in private developments shall paint curbs red and label in six inch by one-half inch white letters "NO PARKING- FIRE LANE" every twenty feet where 18 parking is not allowed. 19 and/or 20 21 Conspicuously post legible, permanent all-weather signs with lettering having a 22 minimum height of two inches and a minimum width of one-half inch every fifty feet. Signs are to read "NO PARKING- FIRE LANE". 23 FINDINGS: A,B,C,D,E,F APPLY 24 Section 503.4 of the California Fire Code is amended by adding the following: 25 26 503.4.1 Entrances to roads, trails or other access ways, which have been closed with gates and barriers in accordance with Section 503.5 shall not be obstructed 27 by parked vehicles. 28 -23- 1 Any obstruction or impedance with reasonable access may be removed or 2 repaired forthwith by any public safety agency. The expense of removal or repair is to be borne by the owner of the roadway. In the case of an obstructing 3 vehicle or object, the expense is to be borne by the owner of said vehicle or 4 object. 5 Section 503.2 of the California Fire Code is amended by adding the following: 6 503.2.9 Prior to combustible construction, the owner or contractor shall provide and maintain concrete or asphalt roadways that will support the 8 imposed loads of emergency apparatus in all weather conditions. 9 FINDINGS: A,B,C,D,E,F APPLY 10 15.16.155 Automatic Fire Extinguishing Systems. 11 12 Section 903.2 of the California Fire Code is amended by adding the following: 13 903.2 Where required. An automatic fire extinguishing system shall be installed 14 in all newly constructed buildings where the square footage is 5,000 square feet or more, and throughout all occupancies as set forth in this section. All portions 15 of the building shall comply. No partial systems allowed. This section shall 6 apply to the following: 17 1. The existing building square footage is increased to 5000 square feet or 1a more, or the existing square footage is 5,000 or more and any additional 19 square footage or appendage is added. 20 2. The existing building is, or exceeds 5000 square feet and the cumulative 21 amount of remodeling, rehabilitation or repairs exceed 50% or more of the 22 total floor area of the building, as determined by the Chief and Building Official. 23 24 3. In buildings that are, or exceed 5000 square feet which have been vacant, or lack a verifiable legal occupancy for a period of 365 days. (San Bernardino 25 Municipal Code Title 5 and Title 15) 26 4. Buildings which are, or exceed 5000 square feet and have a change in use or 27 occupancy classification, which increases the fire hazard of the structure or 28 the life safety of the occupants as determined by the Chief. -24- 1 5. Buildings which have had an occupancy change and exceed the maximum -%•► 2 allowable square footage per occupancy type as set forth in the California Fire Code, Chapter 9. 3 4 For purposes of this section, fire walls and fire partitions shall not define 5 separate buildings. A clear unattached space of not less than (10) feet shall define separate buildings. 6 FINDINGS: A,B,C,D,E,F APPLY 7 15.16.170 Power Source. 8 9 Section 907.2.11.4 of the California Fire Code is amended by adding the 10 following: 11 907.2.11.4.1 Power Source. When required by the Fire Marshal in existing 12 Group R Occupancies smoke alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source and 13 shall be equipped with a battery backup. Smoke alarms shall emit a signal when 14 batteries are low. The wiring shall be permanent and without a disconnecting C r1switch other than those required for overcurrent protection. Locations of the 15 smoke detectors shall be determined by the California Building Code. 6 FINDINGS: A,B,C,D,E,F APPLY 17 15.16.180 Storage of Combustible Pallets 18 19 Chapter 19 of the California Fire Code is amended by adding the following: 20 Section 1910 Storage of Combustible Idle Pallets. 21 22 1910.1 General. Storage of combustible idle pallets shall be in accordance with 23 this section. A permit shall be obtained in accordance with Chapter 1, Section 24 105.6. 25 26 1910.2 Storage location. Pallets shall be stored outside or in a separate building 27 designed for pallet storage unless stored indoors in accordance with Section 28 1910.3. -25- 1 2 1910.3 Indoor storage. Pallet storage in a building used for other storage or othe 3 purpose shall be in accordance with the provisions for high-hazard commodity 4 high-piled combustible storage contained in Chapter 23. 5 6 Exception: When indoor storage does not exceed 6 feet (1.8 m) in height and the 7 aggregate volume of all stored pallets does not exceed 2,500 cubic feet (70.8 m). 8 1910.4 Outdoor storage. Pallets stored outside shall be stored in accordance with 9 Table 1910.4.1 and Table 1910.4.2 and Sections 1910.5.and 1910.6 to 11 1910.5 Outdoor pile dimensions. Pallet stacks shall not exceed 15 feet (4.6 m) in 12 height nor shall cover an area greater than 500 square feet (46.5 m2). Pallet stack 13 shall be arranged to form stable piles. Piles shall be separated by a minimum of 14 feet (2.5 m). Piles shall be a minimum of 10 feet (3.1 m) from property lines. 15 -6 1910.6 Fire department access. Fire Department access roadways, meeting th 17 requirements of the City of San Bernardino Fire Department, shall be maintained 18 within 150 feet of all pallet storage and structures. 19 20 Table 1910.4.1 21 Required Clearance Between Outside Idle Pallet Storage and Other Yard Storage 22 Pile Size Minimum Distance, in feet(m) 23 Under 50 pallets 20(6.1 m) 24 50-200 pallets 30 (9.2 m) 25 Over 200 pallets 50 (15.2 m) 26 27 28 -26- C1 Table 1910.4.2 2 Required Clearance Between Outside Idle Pallet Storage and Structures 3 Minimum distance of Wall from Storage, in feet 4 (m) Wall Construction 5 Under 50 50 to 200 Over 200 6 Pallets Pallets Pallets 7 Masonry or concrete with no openings 0 0 15 (4.6 m) 8 Masonry with wired glass in openings, 9 0 10 (3.1 m) 20(6.1 m) outside sprinklers and 1-hour doors to Masonry with wired or plain glass, 11 10(3.1 m) 20(6.1 m) 30(9.2 m) outside sprinklers, and 3/4-hour doors 12 Wood or metal with outside sprinklers 10(3.1 m) 20 (6.1 m) 30(9.2 m) 13 Wood,metal, other 20 (6.1 m) 30 (9.2 m) 50(15.2 m) 14 15 6 15.16.200 Individual Piles. 17 Section 2505.1 of the California Fire Code is amended to read as follows: 18 2505.1 Individual piles. Tires shall be restricted to individual piles not 19 exceeding 2,500 square feet of continuous area. Piles shall not exceed 25,000 20 cubic feet in volume or 10 feet in height 21 FINDINGS: A,B,C,D,E,F APPLY 22 15.16.205 Sparks from Chimneys. 23 Section 603.2 of the California Fire Code is amended by adding the following: 24 25 603.2.1 Sparks from Chimneys. Each chimney used in conjunction with any 26 fireplace or any heating appliance in which solid or liquid fuels are used shall be maintained with an approved spark arrester. An approved spark arrester 27 shall mean a device constructed of stainless steel, aluminum, copper, or brass, 28 woven galvanized wire mesh, nineteen gauge minimum or three-eighths inch minimum to one-half inch maximum openings, mounted in or over all outside C -27- 1 flue openings in a vertical or near vertical position, adequately supported to 2 prevent movement and to be visible from the ground. FINDINGS: A,B,C,D,E,F APPLY 3 4 15.16.215 Fire Damage. 5 Section 110 Chapter 1 of the California Fire Code is amended by adding the 6 following: 7 110.5 Fire Damage. The owner, occupant or other persons under his control, 8 having any property, or materials on a property damaged by fire, when access 9 by the public is possible, shall secure the property by boarding up all openings, to fencing, barricading or other appropriate measures as determined by the Chief. 11 All debris and/or damaged materials shall be removed from the property and 12 proof furnished that contractual arrangements have been made for demolition, replacement or repair of all fire damaged structures remaining on property 13 involved in the fire, as determined by the Chief. 14 FINDINGS: A,B,C,D,E,F APPLY 15 15.16.220 False Alarm. �.6 17 Section 401.5 of the California Fire Code is amended by adding the following: 18 401.5.1 False Alarms. False alarms shall not be given, signaled or transmitted 19 or caused or permitted to be given, signaled or transmitted in any manner. Failure to comply with this Section will result in penalties charged as prescribed 20 in Section 103.4.2 Cost Recovery of the California Fire Code. 21 FINDINGS: A,B,C,D,E,F APPLY 22 15.16.235 Standby Personnel for Public Gatherings. 23 24 Section 403.1 of the California Fire Code is amended to read as follows: 25 Section 403.1 Standby Personnel. Whenever, in the opinion of the Fire Chief, it 26 is essential for public safety in any place of public assembly or any other place where people congregate, due to the number of persons, or the nature of the 27 performance, exhibition, display, contest or activity, the owner, agent or lessee 28 shall reimburse the Fire Department for one or more qualified persons as required and approved by the Fire Chief to be on duty at such place. Such -28- 1 individuals shall be subject to the Fire Chief's orders at all times when so 2 employed and shall remain on duty during the time such places are open to the 3 public, or when such activity is being conducted. 4 Section 403.1.1 Fire Prevention Personnel. Before each performance or the 5 start of such activity, said personnel shall inspect the required fire appliances provided to determine that such devices are in proper place and in good 6 working order and inspect exits and aisles to ensure such passageways are clear 7 and adequate, and shall keep diligent watch for any safety violations during the time such place is open to the public or such activity is being conducted and 8 take prompt measures for correcting problems that may occur. Such individuals 9 shall not be required or permitted, while on duty, to perform any other duties 10 than those herein specified. 11 Section 403.1.2 Special Event Medical Plan Required. Whenever, in the 12 opinion of the Fire Chief, it is essential for public safety in any place of public assembly or any other place where people congregate, due to the number of 13 persons, or the nature of the performance, exhibition, display, contest or 14 activity, the owner, agent or lessee shall submit a Special Event Medical Plan for approval by the Fire Department. This plan shall be submitted at least 30 15 days prior to the special event. The owner, agent, or lessee shall provide 6 additional emergency medical services, ambulance service, equipment, supplies 17 and personnel, as the Fire Department may require because of special circumstances, including but not limited to the location and nature of the event, 18 accessibility to existing emergency medical services systems, access, and 19 weather conditions. In the event that the actual attendance at a special event 20 exceeds the estimate used for determining the required equipment, supplies and personnel by more than 20 percent, it shall be the responsibility of the owner, 21 agent, or lessee to immediately provide the additional medical equipment, 22 supplies, and personnel required. 23 FINDINGS: A,C,D,E,F APPLY 24 15.16.240 Solar Photovoltaic Power Systems. 25 26 Section 605 of the California Fire Code is amended by adding the following: 27 28 -29- 1 SECTION 605.11 Solar Photovoltaic Power Systems. Solar photovoltaic power 2 systems shall be installed in accordance with this code, the California Building Code and California Electric Code. 3 4 Exception: Detached Group U non-habitable structures such as parking shade 5 structures, carports, solar trellises, and similar type structures are not subject to the requirements of this section. 6 7 605.11.1 Marking. Marking is required on all interior and exterior do conduit, s enclosures, raceways, cable assemblies, junction boxes, combiner boxes, and disconnects. 9 10 605.11.1.1 Materials. The materials used for marking shall be reflective, weather resistant and suitable for the environment. Marking as required in 11 sections 605.11.3 through 605.11 shall have all letters capitalized with a 12 minimum height of 3/8 inch (9.5 mm) white on red background. 13 605.11.1.2 Marking content. The marking shall contain the words "WARNING: 14 PHOTOVOLTAIC POWER SOURCE". 15 605.11.1.3 Main service disconnect. The marking shall be placed adjacent to -6 the main service disconnect in a location clearly visible from the location where 17 the disconnect is operated. 18 605.11.1.4 Location of Marking. Marking shall be placed on all interior and 19 exterior do conduit, raceways, enclosures and cable assemblies every 10 feet 20 (3048 mm) within 1 foot (305 mm) of all turns or bends and within 1 foot (305 mm) above and below all penetrations of roof/ceiling assemblies and all walls 21 and/or barriers. 22 605.11.2 Locations of DC conductors. Conduit, wiring systems, and raceways 23 for photovoltaic circuits shall be located as close as possible to the ridge or hip 24 or valley and from the hip or valley as directly as possible to an outside wall to reduce trip hazards and maximize ventilation opportunities. Conduit runs 2 s between sub arrays and to DC combiner boxes shall be installed in a manner 26 that minimizes total amount of conduit on the roof by taking the shortest path 27 from the array to the DC combiner box. The DC combiner boxes shall be located such that conduit runs are minimized in the pathways between arrays. 28 DC wiring shall be run in metallic conduit or raceways when located within -30- 1 enclosed spaces in a building. Conduit shall run along the bottom of load 2 bearing members. 3 605.11.3 Access and pathways. Roof access, pathways, and spacing 4 requirements shall be provided in order to ensure access to the roof; provide 5 pathways to specific areas of the roof, provide for smoke ventilation operations; and to provide emergency egress from the roof. 6 7 Exceptions: 1. Requirements relating to ridge, hip, and valleys do not apply to roofs slopes e of two units vertical in twelve units horizontal (2:12) or less. 9 2. Residential structures without ridges shall be designed so that each array is 10 no greater than 150 feet (45 720 mm) by 150 feet (45 720 mm) in either axis. 3. The fire chief may allow panels/modules to be located up to the ridge when 11 an alternative ventilation method acceptable to the fire chief has been provided lz or where the fire chief has determined vertical ventilation techniques will not be employed. 13 14 605.11.3.1 Roof access points. Roof access points shall be defined as an area is that does not place ground ladders over openings such as windows or doors, 6 and are located at strong points of building construction in locations where the 17 access point does not conflict with overhead obstructions such as tree limbs, wires, or signs. 18 19 605.11.3.2 Residential systems for one- and two-family residential dwellings. Access shall be provided in accordance with Sections 605.11.3.2.1 through 2° 605.11.3.2.4 21 22 605.11.3.2.1 Residential buildings with hip roof layouts. Panels /modules shall be located in a manner that provides a 3 foot (914 mm) wide clear access 23 pathway from the eave to the ridge on each roof slope where panels/modules 24 are located. The access pathway shall be located at a structurally strong location zs on the building capable of supporting the live load of fire fighters accessing the roof. 26 27 605.11.3.2.2 Residential buildings with a single ridge. Panels/modules shall be located in a manner that provides two 3 foot (914 mm) wide access pathways 28 from the eave to the ridge on each roof slope where panels/modules are located. -31- 1 605.11.3.2.3 Hips and Valleys: Panels/modules shall be located no closer than 2 18 inches (457 mm) to a hip or a valley if panels/modules are to be placed on both sides of a hip or valley. If the panels are to be located on only one side of a 3 hip or valley that is of equal length then the panels shall be permitted to be 4 placed directly adjacent to the hip or valley. s 605.11.3.2.4 Smoke Ventilation. Panels/modules shall be located no higher than 6 3 feet (914 mm) below the ridge in order to allow for fire department smoke 7 ventilation operations. 8 9 605.11.3.3 All other occupancies. Access shall be provided in accordance with 10 Sections 605.11.3.3.1 through 605.11.3.3.3. 11 Exception: Where it is determined by the fire code official that the roof 12 configuration is similar to a one- or two-family dwelling, the fire code official may approve the residential access and ventilation requirements provided in 13 605.11.3.2.1 through 605.11.3.2.4. 14 605.11.3.3.1 Access. There shall be a minimum 6 foot (1829 mm) wide clear t 1s perimeter around the edges of the roof. *ti 6 17 Exception: If either axis of the building is 250 feet (76 200 mm) or less, there shall be a minimum 4 foot (1290 mm) wide clear perimeter around the edges of 18 the roof. 19 20 605.11.3.3.2 Pathways. The solar installation shall be designed to provide designated pathways. The pathways shall meet the following requirements: 21 22 1. The pathway shall be over areas capable of supporting the live load of fire fighters accessing the roof 23 2. The center line axis pathways shall be provided in both axes of the roof. 24 Center line axis pathways shall run where the roof structure is capable of supporting the live load of firefighters accessing the roof. 2s 3. Shall be straight line not less than 4 feet (1290 mm) clear to skylights and/or 26 ventilation hatches 4. Shall be straight line not less than 4 feet (1290 mm) clear to roof standpipes z7 5. Shall provide not less than 4 feet (1290 mm) clear around roof access hatch 28 with at least one not less than 4 feet (1290 mm) clear pathway to parapet or roof edge -32- 1 C 2 605.11.3.3.3 Smoke Ventilation. The solar installation shall be designed to meet 3 the following requirements: 4 1. Arrays shall be no greater than 150 feet (45 720 mm) by 150 feet (45 720 5 mm) in distance in either axis in order to create opportunities for smoke ventilation operations. 6 7 2. Smoke ventilation options between array sections shall be one of the following: 8 9 2.1. A pathway 8 feet (2438 mm) or greater in width; 10 2.2 A 4 feet (1290 mm) or greater in width pathway and bordering roof skylights or smoke and heat vents: 11 2.3 A 4 feet (1290 mm) or greater in width pathway and bordering 4 foot (1290 12 mm) x 8 foot (2438 mm) "venting cutouts" every 20 feet (6096 mm) on alternating sides of the pathway 13 14 605.11.4 Ground mounted photovoltaic arrays. Ground mounted photovoltaic arrays shall comply with Sections 605.11 through 605.11.2 and this section. 15 Setback requirements do not apply to ground-mounted, free standing 6 photovoltaic arrays. A clear brush area of 10 feet (3048 mm) is required for 17 ground mounted photovoltaic arrays. 18 15.16.255 Seizure of Fireworks. 19 20 Chapter 33 of the California Fire Code is amended by adding the following: 21 Section 3309 Seizure of Fireworks. The Chief or Law Enforcement agency is 22 authorized to 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 23 violation of Section 8.60. 24 FINDINGS: A,B,C,D,E,F APPLY 25 15.16.257 Additional Requirements for Tanks Located Within Below- 26 Grade Vaults. 27 Section 3404.1 of the California Fire Code is amended by adding the following: 28 -33- 1 3404.1.1 General. Storage of flammable or combustible liquids in tanks located 2 within below-grade vaults shall be in accordance with Section 3404 and the San Bernardino County Fire Chiefs Policy. 3 FINDINGS: A,C,D,E,F APPLY 4 5 15.16.270 LP-Gas permits, Plans and Records. 6 Section 3801.3 of the California Fire Code is amended to read as follows: 7 3801.3 Permits and Plans. When a commercial installation is 125-gallon 8 aggregate water capacity or greater, the installer shall submit plans for such 9 installation. 10 FINDINGS: A,B,C,D,E,F APPLY 11 15.16.400 Authorized Fire Chief Representative. 12 Section 1.1 1.2.1.1 1. (1.1.) is amended by adding the following: 13 Pursuant to California Fire Code Section 1.11.2.1.1 1. (1.1.) and California 14 Building Code Section 1.11.2.1.1 1.(1.2.) the Building Official is hereby authorized to act as a representative of the Fire Chief to enforce building 15 standards adopted by the California State Fire marshal related to new 16 construction or alterations. 17 SECTION 3. This ordinance is effective January 1, 2011. 18 19 20 21 22 23 24 25 26 27 8 -34- 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.1 2 OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE 201 ✓ CALIFORNIA FIRE CODE, WITH APPENDICES, AND INCORPORATING B 3 REFERENCE THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE AN NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNI 4 CODE OF REGULATIONS,TITLE 24. 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2010 by the following vote, to wit: 7 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORRETT 13 14 KELLEY 15 JOHNSON *`, J MC CAMMACK 17 18 19 Rachel Clark, City Clerk 20 The foregoing Ordinance is hereby approved this_day of , 2010. 21 22 23 PATRICK J.MORRIS,Mayor City of San Bernardino 24 25 Approved as to form: 26 JAM F. PENMAN, City A<o rnerr 27 2s -35-