HomeMy WebLinkAboutMC-1259
Adopted: November 19, 2007
Effective: December 20, 2007
Effective Date of Code: January 1, 2008
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ORDINANCE NO. MC-1259
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ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING
CHAPTER 15.16 OF THE SAN BERNARDINO MUNICIPAL CODE
AND ADOPTING THE 2007 CALIFORNIA FIRE CODE, WITH
APPENDICES, AND INCORPORATING BY REFERENCE THE 2006
EDITION OF THE INTERNATIONAL FIRE CODE AND NECESSARY
CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNIA
CODE OF REGULATIONS, TITLE 24.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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Section I. Findings. The Mayor and Common Council of the City of
San Bernardino do hereby find and declare pursuant to California Health
and Safety Code Sections 17958, 17958.5, and 17958.7 the following:
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a. Adverse climatic conditions increase the likelihood of fire. Minor fires
can rapidly spread to large ones due to extreme heat, frequent periods of
drought, low humidity, and yearly winds (Santa Ana), which have been
recorded to reach gusts in excess of90 miles per hour.
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b. Existing structures with wood shingles and shakes may contribute to the
rapid spread of fire to adjacent structures. Although wood shingles and shakes
are no longer approved for new construction in the City, there are many
existing structures with this type of roofing material.
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c. There is an increased danger of fire because of natural vegetation including
grass, chaparral, manzanita, and chamois. Another factor that increases the risk
of fire danger to the City is elevation changes from gradual, to in excess of
30%, which include areas within the wildland interface area. Increased
development has created additional vehicular traffic on surface streets,
freeways bisect the City at the north end and West End, and a freeway borders
the City of the south end. Flood Control channels, railways, natural streams and
the Santa Ana River also impede responses within the City limits. The rapid
increase in single family dwellings and industrial buildings has created many
new streets, creating some dead-end streets, additional traffic 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.
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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
provide the only available water supply for firefighting purposes. Public fire
hydrants, with appropriate fire-flow, are located several thousand feet from
these structures.
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e. The City has within its boundary potentially active seismic hazards.
Seismic activity occurs within the City and a fire potential exists with these
active faults. Existing structures and planned new developments are at serious
risk from these faults.
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f. Due to these local climatic, geological and topographical conditions,
there is an express need for changes and modifications in the 2007 Edition of
the California Fire Code.
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Section 2. San Bernardino Municipal Code, Chapter 15.16 is amended to
read as follows:
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15.16.010 Citation.
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The Ordinance codified in this chapter and the code and standards adopted by
reference in Section 15.16.020 shall be known as the California Fire Code.
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15.16.020 Code Adopted.
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The 2007 Edition of the "California Fire Code" together with the California
Code of Regulations, Title 24, and Appendix Chapters 1 and 4, and Appendices
B, C, E, F, and H, and the International Fire Code, 2006 Edition published by
the 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 and are incorporated in the Municipal Code of the City of San
Bernardino. The provisions of the California Fire Code, and International Fire
Code Standards shall apply to all areas within the jurisdiction of the City of San
Bernardino. One copy of the 2007 Edition of the California Fire Code,
including California Amendments and Appendices, and one copy of the
International Fire Code Standards are on file in the Office of the City Clerk.
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15.16.030 Definitions.
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A. Whenever "jurisdiction" is used in the California Fire Code, it shall mean
the City of San Bernardino.
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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
called "Fire Chief', or the Chiefs authorized representative.
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C. Whenever "corporation counsel" is used in the California Fire Code, it shall
mean the City Attorney of the City of San Bernardino.
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D. Whenever "Fire Code Official" is used in the California Fire Code, it shall
mean "Fire Marshal" or the Chiefs authorized representative.
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15.16.040 Amendments.
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The following sections and provlSlons of the California Fire Code, (2007
Edition) are amended to read as set forth in Sections 15.16.045 through
15.16.300.
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16 15.16.045 Liability.
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Section 103.4 Appendix Chapter 1 of the California Fire Code is amended by
adding the following:
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103.4.2 Cost Recovery.
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1. Fire suppression, investigation, rescue, hazardous materials, or emergency
medical costs are recoverable in accordance with California Health and Safety
Code, Sections 13009 and 13009.l.
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
emergency. This shall include but not be limited to situations such as false
alarms, traffic accidents, fire watch, or spills of toxic or flammable fluid or
chemicals, and the costs related to the investigation of the incident. Expenses
incurred by the Fire Department for securing such emergency situation shall
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.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.055 Applicant Appeals.
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Section 108.1 Appendix Chapter 1 of the California Fire Code is amended to
read as follows:
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108.1 Appeals. The applicant may appeal the Fire Chiefs denial, suspension or
revocation of a permit or his/her interpretation of this code to the Fire
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
with a duplicate copy to the applicant.
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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
to research and process the appeal. The fee shall be paid to the Fire
Department.
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108.3 Delete entire section.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.060 Fire Prevention Bureau Personnel and Police.
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Section 103.3 Appendix Chapter I of the California Fire Code is amended to
read as follows:
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103.3 The Fire Chief, Fire Marshal and members of the fire prevention bureau
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.
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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
law:
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1. Fire Chief, Fire Marshal, Fire Prevention Supervisor, Arson Investigators,
Firefighters, Fire Plans Examiner/Systems Inspector, Fire Prevention
Officers and Fire Prevention Technicians.
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2. When requested to do so by the Fire Chief, the Chief of Police is
authorized to assign such available police officers as necessary to assist the
fire department in enforcing the provisions of this code.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.061 Commencement of Proceedings.
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Section 110 Appendix Chapter 1 of the California Fire Code is amended by
adding the following:
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110.5 Abatement Proceedings. Whenever the Fire Chief or his/her designated
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
Fire Chief or his/her designee ("Hearing Officer"). The Hearing Officer may
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-
98)
FINDINGS: A,B,C,D,E,F APPLY
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15.16.065 Inspections & Inspection Fees.
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Section 105.1.1 Appendix Chapter 1 of the California Fire Code is amended by
adding the following:
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105.1.1.1 Inspection Fees
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These fees shall be set by Resolution of the Mayor and Common Council.
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Inspection Fees - An inspection fee may be charged for Fire Department routine
inspections and re-inspections of property to cover the costs of such
inspections. The amount of the inspection fee shall be established by
Resolution of the Mayor and Common Council.
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1. The Fire Marshal may authorize refunding of any fee that was erroneously
paid or collected. Requests for refunding of any fee paid shall be submitted
by written application no later than 180 days after the date of fee payment.
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2. The property owner/occupant charged the inspection fee may appeal the
imposition or the amount of the fee. Appeals related to fees shall be
pursuant to Section 2.64 of the San Bernardino Municipal Code.
FINDINGS: A,B,C,D,E,F APPLY
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Section 105.6.15 Delete
Section 105.6.35 Delete Exception
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Section 105.6.47 Appendix Chapter 1 of the California Fire Code is amended
by adding the following:
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4. Auto Wrecking Yards
5. Battery storage
6. Commercial Day Care Facilities
1. Less than 50
2. More than 50
7. Convalescent facilities
8. Fire works booths
9. General inspection/Certificate of Occupancy
10. High Rise
11. Hospitals
1. Less than 100 beds
2. More than 100 beds
12. Kitchen Hoods (fixed hood and duct systems)
13. Large Family Day Care
14. New business inspection
15. Pallet Yards> 200 ft3 of wood or plastic storage
16. Radioactive materials
17. Residential board and care
18. Schools, private and vocational
FINDINGS: A,B,C,D,E,F APPLY
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15.16.070 New Construction and Alterations.
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Section 105.7 Appendix Chapter 1 of the California Fire Code is amended to
read as follows:
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1. The fire code official is authorized to issue construction permits for work as
set forth in Appendix Chapter 1, Sections 105.7.1 through 105.7.13.
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2. Approval and Inspection Fees. A fee will be charged for permits, plan
checks and/or inspections for construction or work which requires Fire
Department approval. The amount of the fee shall be established by Resolution
of the Mayor and Common Council.
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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
permit, a special investigation shall be made before a permit may be issued for
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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
shall be equal to the permit fee required by this code. The payment of such
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
Marshal may authorize refunding of any fee paid hereunder which was
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
a permit issued in accordance with this code. The Fire Marshal may authorize
refunding of not more than 80 percent of the plan review fee paid when an
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
authorize refunding of any fee paid except on written application filed by the
original permittee not later than 180 days after the date of fee payment.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.075 Authorization to Issue Corrective Orders and Notices.
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Section 109.2 Appendix Chapter 1 of the California Fire Code is amended to
read as follows:
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General. When the chief fmds in any building or on any premises combustible,
hazardous or explosive materials or dangerous accumulations of rubbish; or
finds unnecessary accumulations of wastepaper, boxes, shavings or any highly
flammable materials which are so situated as to endanger life or property; or
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
egress of the occupants of such building or premises; or finds that the
effectiveness of any exit door, attic separation or any fire separation wall is
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
from fire or any other situation which may effect the health safety of any person
occupying buildings or premises.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.080 Stopping Uses and Evacuation.
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Section 110.2 Appendix Chapter 1 of the California Fire Code is amended to
read as follows:
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Stopping uses, evacuation. The Fire Chief is authorized to order any operation
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
deemed unsafe when such building has hazardous conditions that present
imminent danger to building occupants. Persons so notified shall immediately
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.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.086 Citations.
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Section 109.3 Appendix Chapter 1 of the California Fire Code is amended to
read as follows:
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Section 109.3 Violation penalties. Persons who shall violate a provision of this
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
documents or directive of the Fire Marshal, or of a permit or certificate used
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
in the County jail not exceeding six months, or both such fine and
imprisonment. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.087 Emergency Abatement/Closure Procedure.
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Section 110.3 of the California Fire Code is amended to read as follows:
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110.3 Summary abatement
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A. Not withstanding any other provision of this Chapter with reference to the
Abatement of California Fire Code violations, whenever the Fire Chief or
his/her duly authorized representative determines that property, a building
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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
condition constitutes an immediate hazard or danger, he or she shall,
immediately and forthwith abate the existing immediate hazard or danger,
including but not limited to the closure of the property.
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B. In lieu of the summary abatement hearing procedures for Dangerous
Buildings in Section 15.28, the Fire Chief or his/her duly authorized
representative shall mail, immediately after such emergency
abatement/closure, a Notice of Hearing to the owners of the real property
upon which the structure is located. Notice shall be mailed to the address
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
property as such address may be known by the Fire Chief or duly
authorized representative. Such notice shall contain the following
information:
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that a Hearing has been scheduled within twenty (20) days of such
emergency abatement/closure action before the Fire Chief or his/her
designee ("Hearing Officer") with the date, time and location of
such Hearing;
1)
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2)
that emergency action was taken with regards to the property;
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the reason why he/she has taken the action.
3)
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At the hearing, the Hearing Officer shall consider all relevant evidence,
including, but not limited to, applicable staff reports. He or she shall give
any interested person a reasonable opportunity to be heard in conjunction
therewith. Based upon the evidence so presented, the Hearing Officer shall
determine whether the emergency action was warranted. The hearing shall
not be conducted according to formal rules of evidence or procedure, but
shall be conducted in a manner generally complying with the
Administrative Procedure Act at Government Code Section 11370, et seq.
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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
to the emergency nature of the abatement and the expenses incurred, shall
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.l50c
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FINDINGS: A,B,C,D,E,F APPLY
15.16.100 All Weather Driving Surface defined.
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Section 202 of the California Fire Code is amended by adding the following
definition:
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ALL WEATHER DRIVING SURFACE is an approved concrete or asphalt
covering of sufficient thickness to support the imposed loads of fire apparatus.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.110 Fireworks defined.
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Section 202 of the California Fire Code is amended by amending the definition
of "Fireworks" to read as follows:
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FIREWORKS shall mean and include any combustible or explosive
composition, or any substance or combination of substances, or device prepared
for the purpose of a visible or audible effect by combustion, explosion,
deflagration, or detonation, and shall include blank cartridges, toy pistols, toy
cannons, toy canes, or toy guns in which explosives are used, firecrackers,
torpedoes, skyrockets, roman candles, daygo bombs, sparklers, or other devices
of like construction and any devices containing an explosive substance, except
that the term "Fireworks" shall not include auto flares, paper caps containing
not in excess of 0.25 grain of explosive content per cap or toy pistols, toy canes,
toy guns or other devices for use of such caps, the sale and use of which shall
be permitted at all times.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.112 Hazardous Fire Area defined.
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Section 202 of the California Fire Code HAZARDOUS FIRE AREA IS
amended by adding the following definition:
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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
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:
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That area within the City lying north of a line extending Easterly from the
West City limits to the East City limits and bounded on the South side by
streets and highways as follows:
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Barstow Freeway from West City limits to the intersection of Palm Avenue
and the Barstow Freeway; Northerly from the Barstow Freeway on Palm
Avenue to Kendall Drive; Easterly on Kendall Drive to 40th Street and
transition Easterly from the intersection of Kendall Drive and 40th Street;
on 40th Street; and continue Easterly to Mountain Avenue; from the
intersection of 40th Street and Mountain Avenue; Southerly on Mountain
Avenue to 39th Street; Easterly on 39th Street to Del Rosa Avenue;
Southerly from the intersection of 39th Street to Marshall Boulevard;
Easterly from the intersection of Del Rosa Avenue and Marshall Boulevard
on Marshall Boulevard; Marshall Boulevard to Victoria Avenue; Victoria
Avenue to Piedmont Drive; Piedmont Drive East to Diablo Drive; Diablo
Drive East to EI Toro Street; EI Toro Street extending East to Highway
330; Highway 330 South to Highland Avenue; thence East and South-
easterly along the centerline of Highland Avenue to the centerline of
Church Street.
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Inclusive of area beginning at the intersection of Pacific Street and Del
Rosa Avenue; Pacific Street West to Perris Hill Park Road; Perris Hill
Park Road North in a line to intersect Highland Avenue; Highland Avenue
East to Del Rosa Avenue; Del Rosa Avenue South to Pacific Street.
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Inclusive of area beginning at the intersection of Little Mountain Drive and
Kendall Drive; Kendall Drive East to 40th Street; 40th Street East to
Electric Avenue; Electric Avenue South to Thompson Place; Thompson
Place West to Mayfield Avenue; Mayfield Avenue South to 36th Street; 36th
Street West to "F" Street; "F" Street South to 33rd Street; 33rd Street West
to "H" Street' "H" Street South to Marshall Boulevard; Marshall
Boulevard West in a line to intersect Cajon Boulevard; Cajon Boulevard
West to University Parkway/State Street; University Parkway North to
State Street; State Street North to Morgan Road; Morgan Road East to
Little Mountain Drive; Little Mountain Drive North to Kendall Drive.
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Hazardous Fire Areas shall be inclusive of any additional land area,
whether publicly or privately owned, which the Fire Chief of the Fire
Department determines to be so situated or so inaccessible that fire upon
said land could present an abnormally difficult task of fire suppression.
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Such additional land areas shall be designated on a map available to the
public and maintained by the Fire Department at the Central Fire Station,
200 East Third Street, San Bernardino. The Fire Chief shall provide a
written description of the boundaries of any additional land area to the
City Clerk who shall provide for publication of notice thereof pursuant to
the provisions of California Government Code 6061 (MC-I023, 5-18-98;
Ord. MC-984, 11-4-96)
FINDINGS: A,B,C,D,E,F APPLY
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15.16.118 Suppression and control of Hazardous Fire Areas.
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Chapter 3 of the 2007 California Fire Code is amended by adding the following:
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Section 316: Suppression and control of hazardous fire areas.
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Section 316.1 Scope.
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.
Safeguards to prevent the occurrence of fires and to provide adequate fire-
protection facilities to control the spread of fire which might be caused by
recreational, residential, commercial, industrial or other activities conduced in
hazardous fire areas shall be in accordance with this section.
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Section 316.2 Definitions. For the purpose of Section 316, certain terms are
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1. Tracer is any bullet or projectile incorporating a feature which mark
or traces the flight of said bullet or projectile by flame, smoke or othe
means which results in fire or heat.
2. Tracer Charge is any bullet or projectile incorporating a featur
designed to create a visible or audible effect by means which result i
fire or heat and shall include any incendiary bullets and projectiles.
Section 316.3 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
determined by the fire code official.
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Section 316.4 Smoking. Lighting, igniting or otherwise setting fire to or smokin
tobacco, cigarettes, pipes or cigars in posted areas is prohibited.
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Section 316.5 Spark Arrestors. All existing chimneys used in conjunction with
fireplaces, barbecues, incinerators or heating appliances in which solid, gas, 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.
Section 316.6 Tracer Bullets, Tracer Charges, Rockets, and model Aircraft.
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1. Tracer bullets and tracer charges shall not be possessed, fired or caused t
be fired in the Special Protection Area.
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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 0
projected in the Special Protection Area without a permit from the fire cod
official.
Section 316.7 Apiaries. Lighted and smoldering material shall not be used in
connection with smoking bees in or upon the very high fire severity zones except
by permit from the fire code official.
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Section 316.8 Open Flame Devices. Welding torches, tar pots, decorative torches
and other devices, machines or processes liable to start or cause fire shall not be
operated or used in or upon the Hazardous Fire Area, except by permit from the
fire code official.
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EXCEPTION: Use within inhabited premises or designated campsites whic
are a minimum of30 feet from grass-, grain-, brush- or forest-covered areas.
Flame-employing devices, such as lanterns or kerosene road flares, shall not b
operated or used as a signal or marker in the Hazardous Fire Area.
EXCEPTION: The proper use of fusees at the scenes of emergencies or
required by standard railroad operating procedures.
Section 316.9 Outdoor Fires. Outdoor fires shall not be built, ignited or
maintained in the Hazardous Fire Area, except by permit from the fire code
official.
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EXCEPTION: Outdoor fires within inhabited premises or designate
campsites where such fires are built in a permanent barbecue, portabl
barbecue, outdoor fireplace, incinerator or grill and are a minimum of 3
feet from a grass-, grain-, brush- or forest-covered area.
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Permits shall incorporate such terms and conditions which will reasonabl
safeguard public safety and property. Outdoor fires shall not be built, ignited 0
maintained in the Special Protection Area under the following conditions:
1. When high winds are blowing,
2. When a person age 17 or over is not present at all times to watch and ten
such fire, or
3. When public announcement is made that open burning is prohibited.
Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not b
used for the disposal of rubbish, trash or combustible waste material.
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Section 316.10 Incinerators and Fireplaces
Incinerators, outdoor fireplaces, permanent barbecues and grills shall not be used
in the Hazardous Fire Area without approval from the fire code official.
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Incinerators, outdoor fireplaces, permanent barbecues and grills shall b
maintained in good repair and in a safe condition at all times. Openings in suc
appliances shall be provided with an approved spark arrester, screen or door.
EXCEPTION: When approved, unprotected openings in barbecues and grill
necessary for proper functioning.
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Section 316.11 Clearance of brush and vegetative growth from electrica
transmission lines.
General. Clearance of brush and vegetative growth from electrical transmissio
and distribution lines shall be in accordance with Section 316.11.
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EXCEPTION:
Section 316.11 does not authorize persons not having legal right of
entry to enter on or damage the property of others without consent of
the owner.
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Section 316.11.1 Support Clearance. Persons owning, controlling, operatin
or maintaining electrical transmission or distribution lines shall have
approved program in place that identifies poles or towers with equipmen
and hardware types that have a history of becoming an ignition source, an
provides a combustible free space consisting of a clearing of not less than 1
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feet in each direction from the outer circumference of such pole or towe
during such periods of time as designated by the fire code official.
EXCEPTION:
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3
4
Lines used exclusively as telephone, telegraph, messenger call, ala
transmission or other lines classed as communication circuits by
public utility.
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7
Section 316.11.2. Electrical Distribution and Transmission Line Clearances
General. Clearances between vegetation and electrical lines shall be in
accordance with Section 3.16.11.2.
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Section 316.11.2.1 Trimming clearance. At the time of trimming, clearances
not less than those established by Table 316.11.2 (1) should be provided.
The radial clearances shown below are minimum clearances that should be
established, at time of trimming, between the vegetation and the energized
conductors and associated live parts.
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14
EXCEPTION: The fire code official is authorized to establish
minimum clearances different than those specified in Table 316.11.2
(1) when evidence substantiating such other clearances is submitted to
the chief and approved.
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Section 316.11.2.2 Minimum clearance to be maintained. Clearances not les
than those established by Table 316.11.2 (2) shall be maintained during such
periods of time as designated by the chief. The site specific clearance
achieved, at time of pruning, shall vary based on species growth rates, the
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
location in proximity to the high voltage lines.
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EXCEPTION: The chief is authorized to establish mmlmu
clearances different than those specified by Table A-II-A-2 whe
evidence substantiating such other clearances is submitted to the chie
and approved.
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TABLE 316.11.2 (1) MINIMUM CLEARANCES BETWEEN VEGETATION
AND ELECTRICAL LINES AT TIME OF TRIMMING
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1
2
MINIMUM RADIAL
LINE CLEARANCE FROM
VOLTAGE CONDUCTOR (feet)
x 304.8 mm
2,400- 4
72,000
72,001- 6
110,000
110,001- 10
300,000
300,001 or 15
more
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4
5
6
7
8
9
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12
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TABLE 316.11.2 (2) MINIMUM CLEARANCES BETWEEN VEGET AnON
AND ELECTRICAL LINES TO BE MAINTAINED
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MINIMUM
LINE CLEARANCE
VOLTAGE (inches)
x 25.4 MM
750-35,000 6
35,001-60,000 12
60,001-115,000 19
115,001-230,000 30'/2
230,001-500,000 115
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Section 316.11.3 Electrical power line emergencies. During emergencies,
the utility company shall perform the required work to the extent necessary
to clear the hazard. An emergency can include situations such as trees falling
into power lines, or trees in violation of Table 316.11.2(2).
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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
regulated by Section 316.11 exist to correct such conditions.
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3
4
Section 316.12 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash,
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
the Hazardous Fire Area.
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6
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EXCEPTION: Approved public and private dumping areas.
9
Section 316.13 Disposal of ashes. Ashes and coals shall not be placed, deposited
or dumped in or upon the Hazardous Fire Area.
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EXCEPTIONS:
1. In the hearth of an established fire pit, camp stove or fireplace.
2. In a noncombustible container with a tight-fitting lid, which is kept 0
maintained in a safe location not less than 10 feet from combustibl
vegetation or structures.
3. Where such ashes or coals are buried and covered with 1 foot of minera
earth not less than 25 feet from combustible vegetation or structures.
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Section 316.14 Use of fire roads and firebreaks. Motorcycles, motor scooters and
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,
gate or sign, without the permission of the property owners. Vehicles shall not be
parked in a manner which obstructs the entrance to a fire road or firebreak.
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EXCEPTION: Public officers acting within their scope of duty.
Radio and television aerials, guy wires thereto, and other obstructions shall not b
installed or maintained on fire roads or firebreaks unless located 16 feet or mor
above such fire road or firebreak.
Section 316.15 Use of motorcycles, motor scooters and motor vehicles.
Motorcycles, motor scooters and motor vehicles shall not be operated within area
closed per section 316.21, without a permit by the fire code official, except upon
clearly established public or private roads. Permission from the property owner
shall be presented when requesting a permit.
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2
Section 316.16 Tampering with fire department locks, barricades and signs.
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,
mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or
under the control of the fire code official shall not be unlocked.
3
4
5
6
Section 316.17 Liability for damage. The expenses of fighting fires which result
from a violation of Section 316 shall be a charge against the person whose
violation of Section 316 caused the fire. Damages caused by such fires 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 implied.
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Section 316.18 Clearance of brush or vegetative growth from structures.
316.18.1 General. Persons owning, leasing, controlling, operating or maintaining
buildings or structures in the Hazardous Fire Area, and persons owning, leasing
or controlling land adjacent to such buildings or structures, shall at all times:
1. Maintain an effective firebreak by removing and clearing away flammabl
vegetation and combustible growth from areas within 100 feet of suc
buildings or structures;
Exception: Single specimens of trees, ornamental shrubbery or simil
plants used as ground covers, provided that they do not form a mean
of rapidly transmitting fire from the native growth to any structure.
2. Maintain additional fire protection or firebreak by removing brush,
flammable vegetation and combustible growth beyond the 100 feet from such
buildings or structures, when required by the fire code official because of
extra hazardous conditions causing a firebreak of only 100 feet to be
insufficient to provide reasonable fire safety.
Exception: Grass and other vegetation located more than 100 feet from
buildings or structures and less than 18 inches in height above the
ground need not be removed where necessary to stabilize the soil and
prevent erosion.
3. Remove portions oftrees which extend within 10 feet of the outlet of a
chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood.
5. Trees shall be trimmed to provide a minimum of 10- foot ground clearance.
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6. Trees shall be cut/pruned at the angle of the slope in which they reside.
7. Irrigated surface fuels shall be maintained at a height not to exceed 18
inches.
8. Maintain the roof of a structure free of leaves, needles or other dead
vegetative growth.
9. Debris and trimmings shall be removed from the site, or chipped and
converted into mulch then evenly dispersed in the same area to a maximum
depth of three (3) inches.
10. Deadwood and tree litter shall be regularly removed from trees.
II. Tree crowns extending to within 10 feet of any structure shall be pruned t
maintain a 10- foot clear horizontal distance.
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5
6
7
8
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Section 316.19 Clearance of brush or vegetation growth from roadways. The fir
code official is authorized to cause areas within 10 feet on each side of portions 0
highways and private streets which are improved, designed or ordinarily used fo
vehicular traffic to be cleared of flammable vegetation and other combustibl
growth. The fire code official is authorized to enter upon private property to do so.
Exception: Single specimens of trees, ornamental shrubbery or cultivate
ground cover such as green grass, ivy, succulents or similar plants used a
ground covers, provided that they do not form a means of readily transmittin
fire.
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15
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Section 316.20 Use of Equipment.
20
1.
Except as otherwise provided in this section, no person shall use, operate, or
cause to be operated, in, upon or adjoining any Hazardous Fire Area, any
internal combustion engine which uses hydrocarbon fuels, unless the engine is
equipped with a spark arrester and maintained in effective working order, or
the engine is constructed, equipped and maintained for the prevention of fire.
Spark arresters affixed to the exhaust system of engines or vehicles subject to
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.
A spark arrester is a device constructed of nonflammable material specifically
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
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2.
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3.
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combustion engine that uses hydrocarbon fuels or which is qualified and rated
by the United States Forest Service.
Engines used to provide motor power for trucks, truck tractors, buses, and
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
the State of California.
Turbocharged engines are not subject to this section if all exhausted gases
pass through the rotating turbine wheel, there is no exhaust bypass to the
atmosphere, and the turbocharger is in effective mechanical condition.
2
4.
3
4
5
5.
6
7
8
12
Section 316.21 Restricted entry. The fire code official shall determine an
publicly announce when areas within the Hazardous Fire Area shall be closed t
entry and when such areas shall again be opened to entry. Entry on and occupatio
of hazardous fire areas, except public roadways, inhabited areas or establishe
trails and camp sites which have not been closed during such time when th
hazardous fire area is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within hazardous fire areas an
their invitees and guests going to or being upon their lands.
2. Entry, in the course of duty, by peace or police officers, and other dul
authorized public officers, members of a fire department and members of th
United States Forest Service.
3. A permit has been issued by the San Bernardino Fire Department to ente
a fire-closure area.
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10
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15
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19
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Section 316.22 Trespassing on posted property.
1. General. When the fire code official determines that a specific area within th
special protection area presents an exceptional and continuing fire dange
because of the density of natural growth, difficulty of terrain, proximity t
structures or accessibility to the public, such areas shall be closed until change
conditions warrant termination of closure. Such areas shall be posted
hereinafter provided.
2. Signs. Approved signs prohibiting entry by unauthorized persons and referrin
to applicable fire code chapters shall be placed on every closed area.
3. Trespassing. Entering and remaining within areas closed and posted i
prohibited.
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Exception: Owners and occupiers of private or public property withi
closed and posted areas, their guests or invitees, and local, state and federa
public officers and their authorized agents acting in the course of duty.
2
3
4
5
Section 316.23 Explosives and blasting. Explosives shall not be possessed, kept
stored, sold, offered for sale, given away, used, discharged, transported or dispose
of within the Hazardous Fire Area except by permit from the fire code official.
6
7
8 Section 316.24 Fireworks. Fireworks shall not be used or possessed in th
Hazardous Fire Area.
9
10
The Chief is authorized to seize, take, remove or cause to be removed fireworks i
violations of Section 316.24.
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Section 316.25 Unusual Circumstances. The fire code official may suspen
enforcement and require reasonable alternative measures designed to advance th
purposes of this section if he/she determines in any specific case that any of th
following conditions exist:
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1.
2.
3.
Difficult terrain.
Danger of erosion.
Presence of plants included in any state and federal resources agencies,
California Native Plant Society and county-approved list of wildlife,
plants, rare, endangered and/or threatened species.
Stands or groves of trees or heritage trees.
Other unusual circumstances that make strict compliance with the
clearance of vegetation provisions of Section 316 undesirable or
impractical.
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18
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4.
5.
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Section 316.26 Storage of Firewood and Combustible Material. Firewood and
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.
When required by the fire code official, storage of firewood and combustible
material stored in the defensible space shall be located a minimum of20 feet from
structures and separated from the crown of trees by a minimum horizontal distance
of15 feet.
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FINDINGS:A,B,C,D,E,F APPLY TO THESE AMENDMENTS OF CHAPTER 3
OF THE 2007 CALIFORNIA FIRE CODE
2
3
4 15.16.120 Spark Arrester defined.
5
Section 202 of the California Fire Code is amended by adding the following
6 definition:
7
8
SPARK ARRESTER is a device constructed of stainless steel, aluminum,
copper, or brass, woven galvanized wire mesh, nineteen gauge minimum or
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
supported to prevent movement and to be visible from the ground.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.121 Safe and Sane Fireworks defined.
14
15
Section 202 of the California Fire Code is amended by adding the following
definition:
16
17
Safe and Sane Fireworks means any fireworks which do not come within the
definition of "dangerous fireworks" or "exempt fireworks" as defined in the
California Health and Safety Code.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.126 Premises Identification.
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22
Section 505.1 of the California Fire Code is amended to read as follows:
23
Section 505.1 Premises Identification. Approved 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 minimum of 12" high.
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15.16.135 Fire Department Access.
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Section 503.1.1 of the California Fire Code is amended to read as follows:
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2
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
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%). Where the access roadway cannot be provided, an approved fire
protection system or systems shall be provided as required and approved by the
Fire Chief.
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9
More than one fire apparatus access road shall be provided when it is
determined by the Fire Chief that access by a single road might be impaired by
vehicle congestion, condition of terrain, climatic conditions or other factors that
could limit access.
FINDINGS: A,C,D,E,F APPLY
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15.16.140 Maintenance of Access Roadways.
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15
Section 503.3 of the California Fire Code is amended to read as follows:
16
503.3 Marking of fire apparatus access roads. As directed by the Fire Marshal,
the owner or the individual in control of emergency access roadways and streets
in private developments shall paint curbs red and label in six inch by one-half
inch white letters "NO P ARKING- FIRE LANE" every twenty feet where
parking is not allowed;
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and/or
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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
fifty feet. Signs are to read "NO P ARKING- FIRE LANE".
FINDINGS: A,B,C,D,E,F APPLY
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Section 503.4 of the California Fire Code is amended to read as follows:
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503.4 Obstruction of fire apparatus access roads. The required width of the fire
apparatus access road shall not be obstructed in any manner, including parking
of vehicles. Minimum required widths and clearances established under
Section 503.2.1 shall be maintained at all times.
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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 by
parked vehicles.
3
4
5
Any obstruction or impedance with reasonable access may be removed or
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
vehicle or object, the expense is to be borne by the owner of said vehicle or
object.
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9
Prior to combustible construction, the owner or contractor shall provide and
maintain concrete or asphalt roadways that will support the imposed loads of
emergency apparatus in all weather conditions.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.155 Automatic Fire Extinguishing Systems.
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14
Section 903.2 of the California Fire Code is amended to read as follows:
15
903.2 Where required. An automatic fire extinguishing system shall be installed
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
of the building shall comply. No partial systems allowed. This section shall
apply to the following:
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1. The existing building square footage is increased to 5000 square feet or
more, or the existing square footage is 5,000 or more and any additional
square footage or appendage is added.
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2. The existing building is, or exceeds 5000 square feet and the cumulative
amount of remodeling, rehabilitation or repairs exceed 50% or more of the
total floor area of the building, as determined by the Chief and Building
Official.
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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
Municipal Code Title 5 and Title 15)
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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
the life safety of the occupants as determined by the Chief.
2
3
4
5. Buildings which have had an occupancy change and exceed the maximum
allowable square footage per occupancy type as set forth California Fire
Code, Chapter 9.
5
6
7
6. Residential in-fill development in areas where the fire flow does not meet
the minimum required flow.
8
9
Exceptions:
1. Spaces or areas in telecommunications buildings use exclusively for
telecommunications equipment, associated electrical power distribution
equipment, batteries and standby engines, provided those spaces or
areas are equipped throughout with an automatic fire alarm system and
are separated from the remainder of the building by fire barriers
consisting of not less than I-hour fire-resistance-rated walls and 2-hour
fire-resistance-rated floor/ceiling assemblies.
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2. Automatic fire sprinkler protection for fixed guideway transit systems
shall be as per Section 903.2.17.
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For purposes of this section, fire walls and fire partitIOns shall not define
separate buildings. A clear unattached space of not less than (10) feet shall
define separate buildings.
FINDINGS: A,B,C,D,E,F APPLY
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Section 903.3.5.1 Delete entire section.
22
15.16.170 Power Source.
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24
Section 907.2.10.2 of the California Fire Code is amended to read as follows:
25
907.2.10.2 Power Source. In new construction, and in newly classified Group
R-3.1 occupancies, and when required by the Fire Marshal in existing Group R
Occupancies smoke alarms shall receive their primary power from the building
wiring where such wiring is served from a commercial source 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 disconnecting
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switch other than those required for overcurrent protection. Locations of the
smoke detectors shall be determined by the California Building Code.
FINDINGS: A,B,C,D,E,F APPLY
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3
4
15.16.200 Individual Piles.
5
Section 2505.1 of the California Fire Code is amended to read as follows:
6
7
2505.1 Individual piles. Tires shall be restricted to individual piles not
exceeding 2,500 square feet of continuous area. Piles shall not exceed 25,000
cubic feet in volume or 10 feet in height.
FINDINGS: A,B,C,D,E,F APPLY
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9
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15.16.205 Sparks from Chimneys.
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12
Section 603.2 of the California Fire Code is amended by adding the following:
13
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
be maintained with an approved spark arrester. An approved spark arrester
shall mean a device constructed of stainless steel, aluminum, copper, or brass,
woven galvanized wire mesh, nineteen gauge minimum or three-eighths inch
minimum to one-half inch maximum openings, mounted in or over all outside
flue openings in a vertical or near vertical position, adequately supported to
prevent movement and to be visible from the ground.
FINDINGS: A,B,C,D,E,F APPLY
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15
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15.16.215 Fire Damage.
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Section 110 Appendix Chapter 1 of the California Fire Code is amended by
adding the following:
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110.6 Fire Damage. The owner, occupant or other persons 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 up all openings,
fencing, barricading or other appropriate measures as determined by the Chief.
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All debris and/or damaged materials shall be removed from the property and
proof furnished that contractual arrangements have been made for demolition,
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replacement or repair of all fire damaged structures remaining on property
involved in the fire, as determined by the Chief.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.220 False Alarm.
6
Section 401.3 of the California Fire Code is amended by adding the following:
7
8
401.3.4 False Alarms. False alarms shall not be given, signaled or transmitted
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
in Section 103.4.2 (Liabilities) of the California Fire Code.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.235 Standby Personnel for Public Gatherings.
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14
Section 403.1 of the California Fire Code is amended to read as follows:
15
Section 403.1 Standby Personnel. Whenever, in the 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 persons, or the nature of the
performance, exhibition, display, contest or activity, the owner, agent or lessee
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
individuals shall be subject to the Fire Chief's orders at all times when so
employed and shall remain on duty during the time such places are open to the
public, or when such activity is being conducted. Before each performance or
the 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 working order and inspect exits and aisles to ensure such passageways are
clear 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 take prompt measures for correcting problems that may occur.
Such individuals shall not be required or permitted, while on duty, to perform
any other duties than those herein specified.
FINDINGS: A,C,D,E,F APPLY
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15.16.255 Seizure of Fireworks.
2
3
Chapter 33 of the California Fire Code is amended by adding the following:
4
Section 3309 Seizure of Fireworks. The Chief or Law Enforcement agency is
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
violation of Article 78 or the San Bernardino Municipal Code.
FINDINGS: A,B,C,D,E,F APPLY
5
6
7
8
9
15.16.257 Additional Requirements for Tanks Located Within Below-
Grade Vaults.
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11
Section 3404.1 of the California Fire Code is amended by adding the following:
12
3404.1.1 General. Storage of flammable or combustible liquids in tanks located
within below-grade vaults shall be in accordance with Section 3404 and the San
Bernardino County Fire Chiefs Policy.
FINDINGS: A,C,D,E,F APPLY
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15
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15.16.270 LP-Gas permits, Plans and Records.
17
Section 3801.3 of the California Fire Code is amended to read as follows:
18
19
3801.3 Permits and Plans. When a commercial installation is 125-gallon
aggregate water capacity or greater, the installer shall submit plans for such
installation.
FINDINGS: A,B,C,D,E,F APPLY
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15.16.280 Effectiveness
23
24
Section 4701 of the California Fire Code is amended by adding the following:
25
Section 4701.3 Effectiveness. This entire chapter is effective January 01, 2008
regardless of any delayed implementation date adopted by the office of the
California State Fire Marshal California Building Standards Commission.
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15.16.400 Authorized Fire Chief Representative.
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Section 111.2.Ll (Ll) is amended by adding the following:
Pursuant to California Fire Code Section 111.2.Ll (Ll) and California
Building Code Section l11.2.Ll (1.2) the Building Official is hereby
authorized to act as a representative of the Fire Chief to enforce building
standards adopted by the California State Fire marshal related to new
construction or alterations.
III
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4
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.1
OF THE SAN BERNARDINO MUNICIPAL CODE AND ADOPTING THE 200
CALIFORNIA FIRE CODE, WITH APPENDICES, AND INCORPORATING B
REFERENCE THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE AN
NECESSARY CALIFORNIA AMENDMENTS, TOGETHER WITH CALIFORNI
CODE OF REGULATIONS, TITLE 24.
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I HEREBY CERTIFY that the foregoing Ordinance was duIy adopted by the Mayor and
Common Council of the City of San Bernardino at aj t . regular meeting thereof, held on the 19 h
day of November ,2007, by the following vote, to wit:
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8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
9 ESTRADA ~
10 BAXTER x
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BRINKER X
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DERRY x
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14 KELLEY X
15 JOHNSON x
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16 MC CAMMACK
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~ cJa;Jz..
~ SdO:~I~
The foregoing Ordinance is hereby approved thi~day of ~.vn~~
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Approved as to form:
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JAMES F. PENMAN, City Attorney
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By:
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(
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