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HomeMy WebLinkAbout08.A- City Attorney 8.A ORDINANCE (ID # 4432) DOC ID: 4432 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Municipal Code From: Jolena E. Grider M/CC Meeting Date: 05/02/2016 Prepared by: Steven Graham, (909) 384- 5355 Dept: City Attorney Ward(s): N/A Subject: An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Chapter 2.12 of the San Bernardino Municipal Code, Repealing Chapters 2.32 and 15.16 of the San Bernardino Municipal Code, Ratifying the San Bernardino County Fire Protection District Fire Code (Ord. No. FPD 14-03) and Fees for San Bernardino County Fire Protection District (Ord. No. FPD 15-01). (#4432) Current Business Registration Certificate: Financial Impact: No financial impact. Motion: Lay over Ordinance for final adoption. Synopsis of Previous Council Action: On August 24, 2015, the Mayor and Common Council of the City of San Bernardino (City) adopted Resolution No. 2015-195, authorizing the filing of an application to the Local Agency Formation Commission (LAFCO) to initiate proceedings for a sphere of influence amendment (Amendment) of the sphere of influence of the San Bernardino County Fire Protection District (SBCFPD) to include the City, and a reorganization (Reorganization) to include annexation of all territory within the City to the SBCFPD, its Valley Service Zone, and its Service Zone FP-5 for the purposes of fire protection and emergency medical services. On January 27, 2016, LAFCO adopted LAFCO Resolutions Nos. 3211 and 3212, approving the initiation of such proceedings. Background: Once annexed into SBCFPD, the County Fire Code and Fee Schedule will be applicable to the City's residents. This Ordinance ratifies that change, and changes the San Bernardino Municipal Code to accurately reflect the reorganization. City Attorney Review: Supporting Documents: Fire Ordinance - FINAL (DOC) Exhibit A (PDF) Exhibit B (PDF) Updated: 4/28/2016 by Georgeann "Gigi" Hanna A ." 8.A.a 1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.12 OF THE SAN BERNARDINO 2 MUNICIPAL CODE, REPEALING CHAPTERS 2.32 AND 15.16 OF THE SAN 3 BERNARDINO MUNICIPAL CODE, RATIFYING THE= SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FIRE CODE (ORD. NO. FPD 14-03) AND 4 FEES FOR SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT (ORD. 5 NO. FPD 15-01). 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: c 8 Section 1. Section 2.12.010 of the San Bernardino Municipal Code is hereby amended to 9 read as follows: 0 d L U. 10 "2.12.010 Fire Chief r c 11 0 All references within the San Bernardino Municipal Code to the Fire Chief, where not 12 inconsistent with the annexation of fire services from the City of San Bernardino to the San ° C Bernardino County Fire Protection District, shall mean the Fire Chief of the San Bernardino 2 w 13 County Fire Protection District and his or her designated subordinates within the San 14 Bernardino County Fire Protection District." a M 15 Section 2. Section 2.12.020 of the San Bernardino Municipal Code is hereby amended to read as follows: 16 Q Z 17 "2.12.020 Fire Department 18 All references within the San Bernardino Municipal Code to the Fire Department, where not 19 inconsistent with the annexation of fire services from the City of San Bernardino to the San Bernardino County Fire Protection District, shall mean the San Bernardino County Fire 0 20 Protection District." LL 21 Section 3. Chapter 2.32 (Board of Fire Commissioners) of the San Bernardino Municipal 22 Code is hereby repealed. 23 Section 4. Chapter 15.16 (Uniform Fire Code) of the San Bernardino Municipal Code is Q 24 hereby repealed. 25 Section 5. The 2014 San Bernardino County Fire Protection District Fire Code, as adopted by the Board of Directors of the San Bernardino County Fire Protection District on July 8, 2014 26 as Ordinance Number FPD 14-03, attached hereto and incorporated herein by this reference as 27 Exhibit "A," and as may be amended from time to time by the Board of Directors for the San Bernardino County Fire Protection District, is hereby ratified. 28 1 Packet Pg. 309 8.A.a 1 Section 6. The fees for the San Bernardino County Fire Protection District, as currently adopted by the Board of Directors for the San Bernardino County Fire Protection District on 2 June 2, 2015 as Ordinance Number FPD 15.01, attached hereto and incorporated herein by this 3 reference as Exhibit`B," and as may be adopted from time to time by ordinance of the Board of Directors for the San Bernardino County Fire Protection District, are hereby ratified. 4 Section 7. This Ordinance shall take effect on either July 1, 2016 or upon the issuance of 5 the Certificate of Completion by the Executive Officer of the Local Agency Formation 6 Commission for San Bernardino County for LAFCO 3198, the Reorganization to include Annexations to the San Bernardino County Fire Protection District, its Valley Service Zone and 7 Service Zone FP-5, whichever is later. �a 8 Section 8. If any section, subsection, sentence, clause or phrase of this Ordinance is for any a 9 reason held to be invalid, such decision shall not affect the validity of the remaining portion or o sections of the Ordinance. The Mayor and Common Council hereby declares that it would have LL 10 adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof c 11 irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases c be declared invalid. w 12 G _ Section 9. The Mayor and Common Council finds that this Ordinance is exempt from the 2 13 California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA -°a5 14 Guidelines, the rule than an activity that will not result in a direct for reasonably foreseeable a indirect physical change in the environment is exempt. M 15 IV 16 J Z 17 m 18 c 19 O m 20 LL 21 = m E 22 v 23 Q 24 25 26 27 28 2 Packet Pg. 310 8.A.a ® 1 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.12 OF THE SAN BERNARDINO 2 MUNICIPAL CODE, REPEALING CHAPTERS 2.32 AND 15.16 OF THE SAN 3 BERNARDINO MUNICIPAL CODE, RATIFYING THE SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FIRE CODE (ORD. NO. FPD 14-03) AND 4 FEES FOR SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT (ORD. 5 NO. FPD 15-01). 6 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2016, by the following vote, to wit: �o 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 2 9 0 a) MARQUEZ LL 10 , 11 BARRIOS c U w 12 VALDIVIA 0 0 13 SHORETT o 14 Q NICKEL M 15 � RICHARD 16 Q Z 17 MULVIHILL LL d 18 0 c ea c 19 Georgeann Hanna, City Clerk o W 20 U. The foregoing Ordinance is hereby approved this day of , 2016. r 21 = m E 22 �a r r 23 R. Carey Davis, Mayor a City of San Bernardino 24 Approved as to form: 25 Gary D. Saenz, City Attorney 26 27 By: 28 3 Packet Pg. 311 8.A.b 1 ORDINANCE NO. FPD 14-03 2 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE 3 SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT, STATE OF CALIFORNIA, ADOPTING SAN BERNARDINO- 4 COUNTY FIRE CODE (REFERENCING THE 2013 EDITION 5 OF THE CALIFORNIA FIRE CODE AND 2013 EDITION OF THE CALIFORNIA RESIDENTIAL CODE) ALONG WITH 6 CERTAIN CHANGES, MODIFICATIONS, AMENDMENTS, ADDITIONS, DELETIONS, AND EXCEPTIONS, RELATING 7 TO FIRE REGULATIONS. 8 U C 9 The Board of Directors of the San Bernardino County Fire Protection District, S L 10 State of California, ordains as follows: 0 a� L 11 U. 12 SECTION 1. This ordinance is hereby enacted as the San Bernardino County o U 13 Fire Protection District Fire Code, to read: o 14 r a 15 SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT a 16 CODE M 17 Sections: a 18 1. Findings and Adoption of the California Fire Code and California 19 Residential Code. w 20 2. Amendments to the California Fire Code. E r 21 3. Amendments to the California Residential Code. r 22 4. Referenced Codes and Standards. a 23 S. Conflicting Provisions. 24 6. Validity and Severability. 25 7. No Liability or Warranty. 26 8. Authority -General. 27 9. Authority at Fires and Other Emergencies. 28 10. Authority to Inspect, Issue Notices and Administrative Citations or CAG 2BN1460v2 I Packet Pg. 312 8.A.b Aft 1 Abate a Public Nuisance. 2 11. Closure of Public and Private Lands. 3 12. Interference Unlawful. 4 13. Official Records. 5 14. Permits Required. 6 15. Fees. 7 16. Applications and Permits — Abandonment, Period of Validity, 8 Expiration and Extensions. 9 17. Permits not Transferable. L 10 18. Permit Revocation. ° 11 19. Operation or Construction Without a Permit or With an Expired or 12 Revoked Permit. 00 U 13 20. Issuance of Stop Work Orders. 0 r- 14 21. Failure to Comply with a Stop Work Order. a 0 15 22. Service of Notices and Orders. a 16 23. Tampering with Notices, Orders or Seals Unlawful. 17 24. Overcrowding Unlawful. a 18 25. Obstructed Egress Unlawful. X LU 19 26. Open Fires. 20 27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors. E 21 28. Prohibited Storage of Flammable and Combustible Liquids. a 22 29. Prohibited Bulk Storage of Liquefied Petroleum Gases. 23 30. Prohibited Storage of Flammable Cryogenic Fluids. 24 31. Transport Vehicles and Trailers Storing Hazardous Materials. 25 32. Joint Emergency and Fire Apparatus Access Roads. 26 33. Violations - General. 27 34. Continuing Violations. 28 35. Acts Including Causing, Aiding and Abetting. CAG 2BN146M 2 Packet Pg. 313 8.A.b 1 36. Enforcement—Purpose and Remedies. 2 37. Enforcement Remedies and Penalties are Cumulative and 3 Discretionary; Not Exclusive. 4 38. Criminal Actions. 5 39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest. 6 40. Civil Actions. 7 41. Administrative Citations and Penalties - General. 8 42. Administrative Citations and Penalties — Dangerous Fireworks and 2 9 Unlawful Use of Safe & Sane Fireworks. a L 10 43. Administrative Citations and Penalties—Egregious Violations. 11 44. Administrative Citations and Penalties — False and Negligent Fire r 12 Alarm Program. 13 45. Appeal of Administrative Citations. 14 46. Recording of a Notice of Pendency. a 0 15 47. Filing Notice of Action. a 16 48. Public Nuisance Abatement of N Fire Hazards. � 17 49. Board of Appeals —Code Application and Interpretations. a r 18 50. Cost Recovery. X 19 51. Treble Damages. u 20 1. Findings and Adoption of the California Fire Code and California E t 21 Residential Code, r a 22 (a) FINDINGS. The Board of Directors of the San Bernardino County Fire 23 Protection District hereby finds as follows: 24 (1) That the California Fire Code, 2013 Edition, and 2012 International 25 Fire Code, the California Residential Code, 2013 Edition, and the 2012 International 26 Residential Code, are nationally recognized compilations of proposed rules, regulations, 27 and standards of the Intemational Code Council, Inc. 28 (2) That said Califomia Fire Code, the International Fire Code and the CAG 28N14Wv2 3 Packet Pg. 314 8.A.b 1 California Residential Code have been printed and published as a code In book form 2 within the meaning of Section 50022.2 et seq. of the Califomia Government Code. 3 (3) That the sections and subsections of said California Fire Code, the 4 International Fire Code, and the California Residential Code may be referred to by the 5 number used in said published compilation preceded by the words "California Fire Code 6 Section," "California Residential Code," "Fire Code Section," or "Subsection" and may 7 also be referred to by additional reference to the ordinances of the San Bernardino 8 County Fire Protection District and sections therein pertaining to said California Fire 8 Code, International Fire Code, and California Residential Code. L 10 (4) That California Health and Safety Code Section 13869 et seq. 11 provides, in pertinent part, that a District may make such changes or modifications to 12 the provisions published in the California Building Standards Code and other regulations '00 U 13 adopted pursuant to Section 17922 as it determines are reasonably necessary because r- ,,.. 14 of local climatic, geological and topographical conditions. Q 0 15 (5) That the additional requirements and standards established herein a 16 are needed to ro eri N p p y protect the health, safety, and welfare of existing and future 17 residents and workers of the San Bernardino County Fire Protection District. Said a 18 requirements and standards are reasonably necessary because of local climatic, s X 19 geological, and topographical conditions described herein. This finding is based upon 20 the express findings and determinations on the proposed amendments on file with the E 21 Building Standards Commission. r a 22 (6) Local Climatic Conditions. 23 (A) The District is subject to extremely strong winds, commonly 24 known as "Santa Ana Winds" which can reach speeds in excess of 90 miles per hour. 25 Extensive damage frequently accompanies these winds, such as blowing sand and 25 debris, downed power lines, fallen trees, overturned vehicles and structural damage to 27 buildings. These conditions result in increased demand for fire services, blocked or 28 delayed emergency vehicle access and impaired water supplies and building CAG 2SN14Wv2 4 Packet Pg. 315 8.A.b 1 emergency systems. 2 (B) During the summer months, the Santa Ana Winds produce 3 periods of extremely low humidity, thereby reducing the fuel moisture and increasing the 4 possibility and severity of fire from dry vegetation and other common combustibles. 5 (C) During the summer months, much of the District experiences 6 prolonged periods of temperatures in excess of 100°F. When coupled with sustained 7 severe Santa Ana Winds, an increase in the threat from rapidly moving wildfires exists. 8 (D) During the winter months, heavy rains routinely cause 9 damage to roadways rendering them completely impassible, or with limited access, L 10 sometimes for extended periods. ° L 11 (E) During winter months, heavy snow and ice conditions exist in r C 12 the mountain areas resulting in increased demand for fire services and limiting or 0 13 delaying emergency vehicle access. In some cases, emergency vehicle access roads CO 0 14 are completely impassible, or have limited access, sometimes for extended periods. c 15 (7) Local Geological Conditions. a N 16 (A) The District is subject to moderately strong to severe 17 shaking and surface ruptures resulting from numerous known earthquake faults located a 18 throughout the District_ These local earthquake faults have the potential to cause x 19 severe personal and property damage, utility interruptions, fire hazards and hazardous w 20 materials releases. Additionally, significant roadway, bridge structure, water supply and e L 21 communications systems are subject to failure, thereby causing a detriment to a 22 emergency services response. 23 (B) Unstable slopes in several areas throughout the District have 24 experienced soil movement as a result of heavy or soaking rains, resulting in damage to 25 roadways, structures and utilities. 26 (C) Some desert areas of the District have limited aquifers, 27 exceptionally deep aquifers or aquifers providing only brackish or contaminated water 28 supplies. This limits, or in some cases eliminates, water supplies available for CAG 26NUSM g Packet Pg. 316 8.A.b I firefighting purposes. 2 (D) The District has many areas with rich deposits of minerals 3 resulting in the presence of many subsurface and strip mining operations. These 4 operations pose special problems due to confined access and large quantities of fuels 5 and explosive materials. 6 (8) Local Topographical Conditions. 7 (A) The District encompasses an exceptionally large 8 geographical area with limited access routes connecting: valley, mountain and desert 9 areas. This distance, combined with these limited access routes, results in delays in the L 10 reallocation of resources to emergency scenes. o L 11 (B) The topography of the District is exceptionally diverse, 12 ranging from relatively flat desert and valley areas, to foothill areas, canyon areas and 0 13 steep mountainous areas. This results in some areas that are inaccessible to radio 14 communications, which hampers emergency response capabilities. a 0 15 (C) The large geographical area and diverse topography of the a 16 District results in numerous water purveyors and water pressure zones throughout the V) le 17 response areas. This results in many areas having limited, unreliable or unavailable a 18 water supplies available for firefighting purposes. X 19 (D) The District is traversed by several State Freeways and w r 20 Interstate Highways, which provide for limited under or over crossing access points for E L 21 emergency vehicles to cross to adjacent areas. These highways also restrict the ability 20 a 22 of the local water supply grids to provide water from multiple points to all areas and 23 necessitates the use of dead-end water mains in many areas adjacent to these 24 highways. 25 (E) The District is traversed by two major active railroad main 26 rail systems. These rail systems are used for both commuter and large freight trains, 27 including the transportation of large quantities of hazardous materials. These rails 28 provide for limited under or over crossing access points for emergency vehicles to cross CAG 2BN1"M 6 Packet Pg. 317 8.A.b 1 to adjacent areas. Emergency vehicles experience frequent delays at grade crossings 2 until passenger and/or lengthy freight trains clear the grade crossings. 3 (F) Due to the size and topography of the District, it is traversed 4 by several high voltage electrical transmission lines which cross over inaccessible S desert and foothill brush-covered areas, as well as heavily forested steep mountain 6 areas. High winds have caused damage to these lines, resulting in vegetation fires. 7 Access to many of these areas is unavailable to vehicles, making response to these 8 fires unusually difficult. 9 (G) Several large, high-pressure natural gas transmission lines 10 traverse the District to transport natural gas at pressures exceeding Sao p.s.i. These o 11 lines pass through, under or over steep terrain and wildfire-prone areas and are also _ 12 subject to damage due to flooding or seismic events. 0 13 (H) Several large petroleum product pipelines cross the District O o 14 to transport large quantities of gasoline, diesel fuel and jet fuels under extremely high c 16 pressures. While generally underground, these pipelines pass through, under or over a 16 steep terrain and wildfire-prone areas and overhead at several overpasses located over 17 thoroughfares and waterways. Damage to these pipelines has been experienced during a r 18 rail accidents and flooding conditions. Additionally, these pipelines and their pumping X 19 and valve stations are subject to damage from seismic events. 20 (9) That the local climatic, geological and to E g' topographical conditions L 21 found herein together present increased hazard potentials that create a reasonable w a 22 necessity to facilitate the ability of. the Fire Code Official to establish increased 23 administrative penalties in order to prevent the use of dangerous fireworks and the 24 unlawful use of safe and sane fireworks, as well as to prevent and discourage egregious 25 and other fire safety violations where public safety is at higher risk. 26 (b) ADOPTION OF THE CALIFORNIA FIRE CODE. The Board of Directors 27 of the San Bemardino County Fire Protection District hereby adopts the 2013 edition of 28 the Califomia Fire Code (CFC), also known as Part 9 of Title 24 of the California Code CAG 2BN146Ov2 7 Packet Pg. 318 8.A.b 1 of Regulations (incorporating the 20112 International Fire Code), and Appendices as 2 compiled and published by the International Code Council- 3 (c) ADOPTION OF THE CALIFORNIA RESIDENTIAL CODE. The Board of 4 Directors of the San Bernardino County Fire Protection District hereby adopts the 2013 5 edition of the Califomia Residential Code (CRC), also known as Part 2.5 of Title 24 of 6 the California Code of Regulations (Incorporating the 2012 International Residential 7 Code), as compiled and published by the International Code Council. 8 (d) ADOPTION OF THE INTERNATIONAL FIRE CODE, The Board of cc 9 Directors of the San Bernardino County Fire Protection District hereby adopts Chapters a 0 10 8, 11, 25 and 26 in their entirety, as well as sections referenced below, of the 2012 LL 11 edition of the International Fire Code (hereafter also to be known as the IFC), as 12 compiled and published by the International Code Council, and amended herein. 13 (e) ADOPTION OF THE SAN BERNARDINO COUNTY FIRE DEPARTMENT o 14 FIRE PREVENTION STANDARDS. The Board of Directors of the San Bernardino c 15 County Fire Protection District hereby adopts the San Bernardino County Fire a 16 Protection District Fire Prevention Standards, current edition, as approved by the Fire 17 Chief/Fire Warden of the San Bernardino County Fire Department, for informational a 18 purposes in clarifying and interpreting provisions of the California Fire Code, its 19 amendments, and referenced Standards. r a� 20 (f) The provisions of the CFC, IFC, subsequent amendments, California Fire e 21 Code Appendices and the San Bernardino County Fire Department Fire Prevention a 22 Standards shall be collectively known as the 2014 San Bernardino County Fire 23 Protection District Fire Code (County Fire Code) and shall be applicable in all areas of 24 San Bernardino County within the San Bemardino County Fire Protection District, any 25 political subdivision or district that contracts with the San Bemardino County Fire 26 Protection District for fire protection and prevention services, and in those other cities, 27 towns and districts that ratify this Ordinance. 28 2. Amendments to the Callfornla Fire Code. The 2013 California Fire Code, also GAG 23N14600 $ Packet Pg. 319 8.A.b 1 known as Part 9 of Title 24 of the California Code of Regulations which is adopted in 2 section (b), is hereby amended as follows: 3 (a) Chapter 1 is amended as follows: 4 (1) Section 104.10 is added to the San Bernardino County Fire 5 Protection District Fire Code and amended, to read: 6 104.90 Fire Investigations. The Fire Code Official shall investigate 7 the cause, origin and circumstances of any fire, explosion or other hazardous 8 conditions. Information that could be related to trade secrets or processes shall not be 9 made part of the public record, except as directed by a court of law. 10 (2) Section 105.3.7 is added to the San Bernardino County Fire 11 Protection District Fire Code and amended, to read: 12 905.3.7 Information on the permit. The Fire Code Official shall 13 issue all permits required by this code on an approved form furnished for that purpose. _ 14 The permit shall contain the name of the permittee, a general description of the o 15 operation or occupancy, its location, the conditions of the permit, the period of validity or a 16 expiration date and any other information required by the Fire Code Official. Issued 17 permits shall bear the signature of the Fire Code Official or other approved legal a 18 authorization. X 19 (3) Section 105.4.8 is added to the San Bernardino County Fire w 20 Protection District Fire Code and amended, to read: E r 21 903.4.$ Retention of Construction Permit Documents. One set of r a 22 construction documents shall be retained by the Fire Code Official for a period of not 23 less than 180 days from date of completion of the permitted work, or as required by 24 state or local laws. One set of approved construction permit documents shall be 25 returned to the applicant. Documents, including issued permits, conditions, applicable 26 job cards and approved plans, shall be kept on the site of the permitted activity, 27 operation, building, work or premises at all times during which the activity, operation or 28 work authorized thereby is in progress and shall be readily available for inspection. cAG 2BN146N2 g 17Packet Pg. 320 8.A.b 1 (4) Section 105.6.1.3 is added to the San Bernardino County Fire 2 Protection District Fire Code and amended, to read: 3 105.6.2.1 Automobile Wrecking Yards. An operational permit is 4 required to operate an automobile wrecking yard in accordance with section 304.4 of 5 this code. 6 (5) Section 105.6.3.1 is added to the San Bernardino County Fire 7 Protection District Fire Code and amended, to read: 8 105.6.3.1 Battery Systems. An operational permit is required for a 9 stationary storage battery system having an electrolyte capacity of more than 50 gallons a 10 as regulated by Chapter 6 of the California Fire Code. 11 (6) Section 105.6.4 is added to the San Bernardino County Fire 12 Protection District Fire Code and amended, to read: o U 13 105.6.4 Carnivals, Fairs, Block Parties and other Outdoor 14 Assemblage. An operational permit is required to conduct a camival, fair, block party, o 15 race, concert, parade or other similar outdoor assemblage whether, public or private, a 16 when, 17 (A) The event will have an anticipated attendance of 200 or a 18 more persons per day, or X 19 (B) In the opinion of the Fire Code Official, a permit and specific uf 20 conditions are required due to the nature or location of the activity. E t 21 (7) Section 105.6.9 is added to the San Bernardino County Fire a 22 Protection District Fire Code. 23 (8) Section 105.6.12 is added to the San Bernardino County Fire 24 Protection District Fire Code and amended, to read: 25 105.6.12 Dry Cleaning Plants. An operational permit is required to 26 engage in the business of dry cleaning or to change to a more hazardous cleaning 27 solvent used in existing dry cleaning equipment. 28 EXCEPTION: Dry cleaning plants using only Class IV solvents. CAG 2BN146Ov2 10 Packet Pg. 321 8.A.b 1 (9) Section 105.6.14 is added to the San Bernardino County Fire 2 Protection District Fire Code and amended, to read: I3 105.6.14 Explosives, An operational permit is required for the 4 manufacture, storage, handling, sale, use or public display of any quantity of explosives, 5 or explosive materials. 6 EXCEPTIONS 7 (A) small arms ammunition of .75 caliber or less 8 (B) cartridges for propellant-actuated power devices M 9 (C) cartridges for industrial guns L 10 (D) 20 pounds or less of smokeless powder 11 (E) 5 pounds or less of black sporting powder providing such Y 12 smokeless or black sporting powder is for the hand loading of small arms or small arms 0 13 ammunition of.75 caliber or less and that it is for personal use and not for resale. 0 14 (10) Section 105.6.15.1 is added to the San Bernardino County Fire o 15 Protection District Fire Code and amended, to read: a 16 105.6.15.1 Fireworks or Pyrotechnics Display. An operational permit 17 is required to conduct a fireworks or pyrotechnics display before a public audience in a r 18 accordance with Chapter 56 and California Code of Regulations, Title 19. X 19 (11) Section 105.6.15.2 is added to the San Bernardino County Fire UL'; 20 Protection District Fire Code and amended, to read: 21 145.6.15.2 Fixed Hood and Duct Extinguishing Systems. An a 22 operational permit is required to utilize commercial cooking appliances, as defined in 23 Section 602, with a Type I hood and an automatic fire extinguishing system as required 24 by section 904.11. 25 (12) Sections 105.6.16 105.6.17, 105.6.18, and 105.6.19 are added to 26 the San Bernardino County Fire Protection District Fire Code. 27 (13) Section 105.6.27 of the California Fire Code is adopted into the San 28 Bernardino County Fire Protection District Fire Code and amended, to read: CAG 29N146M 11 Packet Pg. 322 8.A.b 1 105.6.27 Liquefied Petroleum Gases. An operational permit is 2 required for the storage or use of Liquefied Petroleum Gasses. 3 Exception: 4 (A) A permit is not required for two or less 20-pound (nominal 5- 5 gallon)containers. 6 (B) A permit is not required for individual containers with a 500- 7 gallon (1893 L) water capacity or less serving Group R-3 occupancies as the primary 8 means of fuel for heating or cooking. 9 (14) Sections 105.6.28 and 105.6.29 are added to the San Bernardino 0 L 10 County Fire Protection District Fire Code. L 11 (15) Section 105.6.30 is added to the San Bernardino County Fire 12 Protection District Fire Code and amended, to read: 'o U 13 105.6.30 Open Fires. An operational permit is required for the 0 14 kindling or maintaining of an open fire on any public street, alley, road, or other public or c 15 private ground pursuant to Section 21, a N 16 (16) Section 105.6.31 is added to the San Bernardino County Fire 17 Protection District Fire Code and amended, to read: a 18 105.6.31 Open Flames and Torches. An operational p permit is x 19 required to use a torch or open-flame device in a wildfire risk area. w 20 (17) Section 105.6.32 is added to the San Bernardino County Fire r 21 Protection District Fire Code and amended, to read: a 22 105.6.32. Open Flames In Assemblies and Indoor Uses. An 23 operational permit is required to use open flames for entertainment or decorative 24 purposes in connection with indoor or outdoor assemblies, dining or drinking 25 establishments and other indoor commercial uses. 26 EXCEPTION. Candies and small-open flame decorative 27 devices in accordance with Section 308. 28 (18) Section 105.6.33 is added to the San Bernardino County Fire cAG MN14600 12 Packet Pg. 323 8.A.b 1 Protection District Fire Code. 2 (19) Section 105.6.33.1 is added to the San Bernardino County Fire 3 Protection District Fire Code and amended, to read: 4 105.6.33.1 Pallet Yards. An operational permit is required to store, 5 manufacture, refurbish or otherwise handle combustible pallets in excess of 200 pallets. 6 (20) Section 105.6.34 is added to the San Bernardino County Fire 7 Protection District Fire Code. 8 (21) Sections 105.6.37 through 105.6.39 are added to the San 9 Bernardino County Fire Protection District Fire Code. 10 (22) Section 105.6.39.1 is added to the San Bernardino County Fire o 11 Protection District Fire Code and amended, to read: y c 12 105.6.39.1 Rockets. An operational permit is required to sell or launch 0 13 model rocket motors, experimental unlimited rocket motors and experimental/high CO 0 14 powered rocket motors. Such sales and launching shall be in accordance with Section c 15 22 of the California Fire Code. a N 16 (23) Section 105.6.40 is added to the San Bernardino County Fire 17 Protection District Fire Code. a 18 (24) Section 105.6.40.1 is added to the San Bernardino County Fire X 19 Protection District Fire Code and amended, to read: w 20 105.6.40.1 Seasonal Sales Lots. An operational permit is required to E 21 operate an outdoor display and sales area of seasonal items including, but not limited a 22 to, fireworks, pumpkins or Christmas trees. 23 (25) Sections 105.6.41 and 105.6.42 are added to the San Bernardino 24 County Fire Protection District Fire Code. 25 (26) Sections 105.6.44 and 105.6.45 are added to the San Bernardino 26 County Fire Protection District Fire Code. 27 (27) Section 105.6.46 is added to the San Bernardino County Fire 28 Protection District Fire Code and amended, to read: CAG 2SN146Ov2 13 FPacket Pg. 324 8.A.b 1 105.6.46 Wood, Manure and Organic Product Storage. An 2 operational permit is required to store or process wood chips, hogged material, lumber, 3 plywood, manure, compost or other combustible organic products in excess of 200 4 cubic feet(6 m). 5 (28) Section 105.6.47 is added to the San Bernardino County Fire 6 Protection District Fire Code and amended, to read: 7 105.6.47 Additional Permits. In addition to the permits required by 8 Section 105.6, the following permits shall be obtained from the Fire Code Official prior to o 9 engaging in the following activities, operations, practices, or functions: 10 (A) Production facilities. To change use or occupancy, or allow 11 the attendance of alive audience, or for wrap up parties. c 12 (B) Motion picture and still photography production. To use any 0 13 facility or location for the purpose of documentary, educational, or commercial motion O_ o 14 picture, television, or still photography production of any type. A permit is required o 15 regardless if pyrotechnic special effects, open flame, use of flammable or combustible a N 16 liquids and gases, welding, stunts involving vehicles or aircraft, or the parking of motor 17 vehicles will occur or not. a 18 (C) Live audiences. To install seating arrangements for live E 19 audiences in approved production facilities, production studios, and sound stages. See 20 Chapter 48 of the Califomia Fire Code. E s 21 (29) Section 105.7.4.1 is added to the San Bernardino County Fire r a 22 Protection District Fire Code and amended, to read: 23 105.7.4.1 Dust Collection Systems. A construction permit is required 24 for the installation or modification of Dust Collection System required pursuant to 25 Chapter 22 and the standards listed in Table 2204.1 of the California Fire Code. 26 (30) Section 105.7.8.1 is added to the San Bernardino County Fire 27 Protection District Fire Code and amended, to read: 28 105.7.8.1 High-Plied Storage. A construction permit is required for CAG 2BN146Ov2 14 FPacket Pg. 325 8.A.b I the installation or modification of a high-piled storage area in excess of 500 square feet. 2 (31) Section 105.7.10.1 is added to the San Bernardino County Fire 3 Protection District Fire Code and amended, to read: 4 105.7.10.1 Marinas. A construction permit is required to construct a 5 marina with facilities for mooring or servicing of 5 or more vessels, or with a marine 6 motor fuel-dispensing facility as regulated by Chapter 36 of the California Fire Code. 7 (32) Section 105.7.13 is added to the San Bernardino County Fire 8 Protection District Fire Code and amended, to read: cc 9 105.7.13 Solar photovoltaic power systems. A construction permit 0 10 is required to install or modify solar photovoltaic power systems. 11 Exception: A permit is not required for a one- or two-family Z- 12 dwelling. 0 13 (33) Section 105.7.11.1 is added to the San Bernardino County Fire r o 14 Protection District Fire Code and amended, to read: o 15 105.7.11.1 Refrigeration Systems. A construction permit is required to a 16 install or modify a mechanical refrigeration unit or system regulated by Chapter 6 of the 17 California Fire Code. a r 18 (34) Section 105.7.11.2 is added to the San Bernardino County Fire x 19 Protection District Fire Code and amended, to read: w c 20 105.7.11.2 Smoke Control Systems. A construction permit is required v 21 to install or modify a Smoke Control System required by the San Bernardino County a 22 Fire Protection District Fire Code or California Building Code. 23 (35) Section 105.7.11.3 is added to the San Bernardino County Fire 24 Protection District Fire Code and amended, to read: 25 105.7.11.3 Solar Power Generating Stations. A construction permit is 26 required to construct or modify a solar power generation station or system. 27 (36) Section 105.7.15 is added to the San Bernardino County Fire 28 Protection District Fire Code and amended, to read: GAG 2BN146M is Packet Pg. 326 8.A.b 1 105.7.15 Standpipe Systems. A construction permit is required for 2 the installation, modification or removal from service of a standpipe system. 3 Maintenance performed in accordance with this Code is not considered a modification 4 and does not require a permit. 5 (37) Section 105.7.16 is added to the San Bernardino County Fire 6 Protection District Fire Code and amended, to read: 7 105.7.16 Temporary membrane structures and tents. A 8 construction permit is required to erect an air—supported temporary membrane structure 10 M 9 or tent having an area in excess of 400 square feet(37 rn2). L 10 Exceptions: 11 LL (A) Tents used exclusively for recreational camping purpose. 12 (B) Funeral tents and curtains, or extensions attached thereto, 0 13 when used for funeral services 0 r- 0 14 (C) Tents and awnings open on all sides, which comply with all c 15 of the following: a 16 (1) Individual tents shall have a maximum size of 700 17 square feet(65 m2). a 18 (il) The aggregate area of multiple tents placed side by 19 side without a fire break clearance of not less than 12 feet (3658 mm) shall not be 20 greater than 700 square feet (65 m2)total. t 21 (Ili) A minimum fire break clearance of 12 feet (3658 mm) a 22 to structures and other tents shall be maintained. 23 (b) Section 202 is amended, by adding or amending the following definitions: 24 ALL WEATHER DRIVING SURFACE. Any surface, as determined by a 25 qualified engineer licensed by the State of California, to adequately support the imposed 26 load of a fire apparatus and meets the intent of this code. 27 APPROVED. As defined in the San Bernardino County Fire Department Fire 28 Prevention Standards and Interpretations or as otherwise deemed acceptable by the CAC 2BN14604 16 FPacket Pg. 327 8.A.b I Flre Code Official. 2 BARBECUE GRILL. (Also known as a barbecue or BBQ). A portable or fixed 3 device, constructed of steel, concrete, clay, or other non-combustible material, for the 4 primary purpose of cooking food over a liquefied petroleum-, natural gas-, wood- or 5 charcoal-fueled fire. A barbecue may also include an outdoor bread-baking or pizza. 6 oven. 7 BARBECUE PIT. A trench or depression in the ground in which wood or other 8 clean solid fuel is burned to produce a bed of hot coals for the sole purpose of cooking. 9 A barbecue pit having a fuel area greater than 3 feet in width or 2 feet in height shall be 10 considered a bonfire. L 11 BONFIRE. An outdoor open fire burning clean materials other than rubbish, Y 12 where the fuel being burned is not contained in an incinerator, outdoor, fireplace, 0 13 portable outdoor fireplace or barbecue grill, has a total fuel area greater than 3 feet in = 0 14 width, length or diameter or 2 feet in height, and is used for pleasure, religious, o 15 ceremonial, cooking, warmth or other similar purposes. a N 16 DEPARTMENT. The San Bernardino County Fire Protection District. 17 DISTRICT. The San Bernardino County Fire Protection District. a 18 DRIVEWAY. A privately owned, vehicular access road having a minimum 19 unobstructed width of 12 feet (3658 mm) that serves no more than two Group R, 20 Division 3 or Group U occupancies. E L V 21 FIRE CHIEF/FIRE WARDEN. The chief officer of the San Bernardino County a 22 Fire Protection District, or a duly authorized representative, 23 FIRE CODE OFFICIAL. The Fire Chief/Fire Warden of the San Bernardino 24 County Fire Protection District or a duly authorized representative charged with the 25 administration and enforcement of this code. 26 OPEN BURNING PROJECT. The burning of waste vegetative materials, tree 27 trimmings, agricultural burning, burning of Russian Thistle (tumbleweeds) and other 28 similar burning not otherwise classified as an Open Outdoor Fire, bonfire or recreational CAG 2BN146Qv2 17 Packet Pg. 328 8.A.b I I fire pursuant to the Mojave, and South Coast Air Quality Management Districts' Rule 2 444, 3 OPEN FIRE. Any outdoor fire including a Barbecue Pit, Bonfire, Open Burning 4 Project, Portable Outdoor Fireplace, Recreational Fire, Residential Burning and burning 5 of items or structures for the purposes of destruction of contraband or for training by law 6 enforcement or fire department personnel. 7 PERSON. Individuals, businesses, general partnerships, limited partnerships, 8 joint ventures, corporations, trust, concern, organization, state and local government 9 entities, heirs, executors, administrators, receivers, or assigns, agents of the aforesaid, 0 10 and every other legal entity or association having legal obligations subject to the L 11 provisions of this code. 12 PORTABLE OUTDOOR FIREPLACE. A portable, outdoor, solid-fuel burning 0 13 fireplace constructed of steel, concrete, clay or other non-combustible materials and O_ a 14 specifically designed for the containment of fire. A portable outdoor fireplace may have o 15 an open design or may have a small hearth opening with a short chimney or opening in a 16 the top. A portable outdoor fireplace having a fuel area greater than 3 feet in width or 2 17 feet in height shall be considered a bonfire. a r 18 RECREATIONAL FIRE. An outdoor open fire burning dean materials other than X 19 rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, r 20 portable outdoor fireplace, barbecue grill or barbecue pit, and has a total fuel area equal 21 to or less than 3 feet in width, length or diameter and 2 feet in height for pleasure, Y a 22 religious, ceremonial, cooking, warmth or other, similar purposes. Recreational fires 23 also include any campfire or fire ring. 24 RESIDENTIAL BURNING. The burning of trash, waste materials, tree and yard 28 trimmings or similar for disposal. For the purposes of this code, Residential Burning 26 shall also include the burning of similar items at commercial properties and on vacant 27 properties. 28 SELF-CONTAINED RESIDENTIAL AUTOMATIC SPRINKLER SYSTEM. An GAG 2sN146cva 18 Packet Pg. 329 8.A.b i I approved fire sprinkler system, that conforms to Section 903.3.1.1. 903.3.1.2, or 'I 2 903.3.1.3 of this code, NFPA standards 13, 13 R, or 13 D, or Califomia Residential 3 Code Section R313 and San Bernardino County Fire Department Fire Prevention 4 Standards and Interpretations, and is supplied by a water source independent from a 5 municipal water distribution system. If the system is mechanically assisted by booster 6 pumps, it shall be independent from the dwelling's power supply. 7 SKY LANTERNS. Also known as Kongming Lantem, Chinese Lantern, Wish 8 Lantem or similar. A small hot air balloon used for entertainment, lighting or ceremonial 9 purposes, made of paper or similar lightweight material, with an opening at the bottom 10 where a small fire is suspended. Devices that are anchored to the ground or released o 11 into the air without manual control fall under this definition. 12 WILDFIRE RISK AREA. Any area located within the Fire Safety Overlay areas 0 13 identified in the San Bernardino County Development Code, and any land otherwise 0 14 designated by the San Bernardino Fire Protection District, the County of San o 15 Bernardino, and any city or town as a Wildland Urban Interface, Very High Fire Hazard a 16 Severity Zone, High Fire Hazard Area, No Fireworks Safety Zone or any other land that 17 is covered with grass, grain, brush or forest, whether privately or publicly owned, which a 18 is so situated or is of such inaccessible location that a fire originating upon it would x 19 present an abnormally difficult job of suppression or would result in great or unusual w 20 damage through fire or any other areas so designated by the Fire Code Official. r 21 (c) Chapter 3 is amended as follows: a 22 (1) Section 303 is added to the San Bernardino County Fire Protection 23 District Fire Code. 24 (2) Section 304.4 is added to the San Bernardino County Fire 25 Protection District Fire Code and amended, to read. 26 304.4 Automobile wrecking yards. Automobile wrecking yards and 27 associated combustible materials storage shall be in accordance with San Bernardino 28 County Fire Department Fire Prevention Standards. Automobile wrecking yards shall CAG 28NUSM 9 Packet Pg. 330 8.A.b I require an operational permit in accordance with section 105 of this code. 2 (3) Sections 305 and 305.1 are added to the San Bernardino County 3 Fire Protection District Fire Code and section 305.1 is amended, to read: 4 305.1 Clearance from Ignition Sources. Clearance between ignition 5 sources such as luminaries, heaters, flame-producing devices and combustible 6 materials shall be a minimum of 18 inches or as required by other applicable codes. 7 (4) Section 305.3 is added to the San Bernardino County Fire 8 Protection District Fire Code and amended, to read: 0 305.3 Open-flame Warning Devices. Open-flame warning devices shall a 10 not be used along an excavation, road or any other place where the dislodgment of 11 such device may permit the device to roll, fall or slide onto any area or land containing 12 combustible materials. 'o U 13 Exception: This Section shall not apply to public safety personnel O o 14 acting in the performance of their duties. . 0 15 (5) Section 305.5 is added to the San Bernardino County Fire a 16 Protection District Fire Code and amended, to read: Iq 17 305.5 Spark Arrestors. Each chimney used in conjunction with a a 18 fireplace, portable outdoor fireplace, or other heating appliance in which solid fuel is r X 19 burned, shall be maintained with an approved spark arrester. The spark arrester shall 20 have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized E s 21 wire or 24-gauge stainless steel. Openings shall not permit the passage of spheres a 22 having a diameter larger than one-half inch (13 mm) maximum and shall not block the 23 passage of spheres having a diameter of less than three-eighths inch (10 mm). The 24 screen shall be mounted in or over all outside flue openings in a vertical and near 25 vertical position, adequately supported to prevent movement and shall be visible from 26 the ground. All spark arrestors shall be accessible and removable for cleaning. 27 (6) Section 308.1 is added to the San Bernardino County Fire 28 Protection District Fire Code and amended, to read: CAG 2BN146Qv2 20 Packet Pg. 331 8.A.b I I 1 308.1 Open Flames - General. Notwithstanding any other provision of j 2 this code, open flames, fire and burning on all premises shall be in accordance with 3 Sections 308.1.1 thro ugh 308.4.1 and 19 CCR Sections 325(a)and (b). 4 (7) Sections 308.1.2 and 308.1.3 are added to the San Bernardino 5 County Fire Protection District Fire Code and section 308.1.3 is amended, to read: 6 308.1.3 Torches for Removing Paint or Weeds, for Melting 7 Asphalt or for Welding or Cutting. 8 (A) Torches and other flame-producing devices shall not be R 9 used to remove paint from any structure or weeds from any premises. 10 (B) Notwithstanding any other provision of this code, persons L 11 utilizing a torch or other flame-producing device for melting asphalt or for welding or 12 cutting shall provide a minimum of one portable fire extinguisher complying with Section 0 13 906 and with a minimum of a 4-A rating, or two portable fire extinguishers, each with a r 0 14 minimum of a 2-A rating, or a water hose connected to a working water source. The o 15 person conducting the burning or asphalt melting shall remain at the location for a a 16 minimum of one hour after the torch or flame-producing device is utilized. 17 (8) Section 308.1.4 is added to the San Bernardino County Fire Protection a r 18 District Fire Code and amended, to read: r X 19 308.1.4 Open-Flame Cooking Devices. Charcoal bumers and w 20 other open-flame cooking devices shall not be operated on combustible balconies or L V 21 decks, or within 10 feet(3048 mm)of combustible construction, a 22 Exceptions: 23 (A) One- and two-family dwellings where provisions are made to 24 prevent the fire from spreading to any combustible materials. 25 (B) Where buildings, balconies and decks are protected by an 26 automatic sprinkler system. 27 (C) LP-,gas cooking devices having an LP-gas container with a 28 water capacity not greater than 2 % pounds. Containers shall not be manifolded CAG 2BN146W 21 FP Pg. 332 8.A.b I together to increase capacity. 2 (D) Cooking devices heated solely using a catalytic heating 3 element with no flame production. 4 For purposes of this section, the term "combustible" construction shall 5 meet the definition contained in Section 202 of the California Building Code. 6 (9) Section 308.1.5 is added to the San Bernardino County Fire 7 Protection District Fire Code and amended, to read: 8 308.1.5 Locations Near Combustibles. Notwithstanding Sections 9 305.1 and 308.3 et seq., open flames such as candles, lanterns, kerosene heaters, and L 10 gas-fired shall not be located on or near decorative materials or similar combustible 11 materials. ;, 12 (10) Section 308.1.9 is added to the San Bernardino County Fire 0 13 Protection District Fire Code and amended, to read: 0 0 14 308.1.9 Sky Lanterns Prohibited. The release or failure to prevent a 0 15 the release of Sky Lanterns into the air without an effective means of control is a 16 prohibited within the jurisdiction of the San Bernardino County Fire Department. 11 17 EXCEPTION: Sky Lanterns used for scientific or research a 18 purposes when reasonable precautions are made to prevent loss of control or the x 19 ignition of surrounding combustibles. Persons releasing Sky Lanterns used for scientific w 20 or research purposes shall first submit a plan outlining the scientific or research purpose E 21 and shall obtain a permit and speck conditions from the Fire Code Official. a 22 (11) Sections 309, 310, and 311.1 are added to the San Bernardino 23 County Fire Protection District Fire Code and section 311.1 is amended, to read: 24 311.1 General. Temporarily unoccupied buildings, structures, premises, 25 or portions thereof, including tenant spaces, shall be safeguarded and maintained in 26 accordance with this Section, the California Building Code and the San Bernardino 27 County Code. 28 (12) Section 313 of the California Fire Code is added to the San CAG 28N1460v2 22 FPacket Pg. 333 8.A.b I Bernardino County Fire Protection District Fire Code. 2 (13) Sections 315.4 and 315.6 are added to the San Bernardino County 3 Fire Protection District Fire Code and Section 315.6 is amended, to read: 4 315.6 Incidental outside storage of pallets. The incidental outside 5 storage of 200 or fewer pallets shall comply with the provisions of Section 315.4 of this 6 Code. Storage of more than 200 pallets at pallet manufacturing, storage or refurbishing 7 yards shall comply with the San Bernardino County Fire Department Fire Prevention 8 Standards. 9 (14) Section 315.7 is added to the San Bernardino County Fire 10 Protection District Fire Code and amended, to read: o 11 315.7 Outside storage of firewood. The outside storage of firewood 12 shall comply with the provisions of Section 315 of the California Fire Code adopted 0 13 pursuant to Section 1(b) of the San Bernardino County Fire Protection District Fire Code = 0 14 and San Bernardino County Fire Department Fire Prevention Standards. o 15 (15) Section 315.8 is added to the San Bernardino County Fire a N 16 Protection District Fire Code and amended, to read: 17 315.8 Storage of motor vehicles and trailers. Outside storage of a 18 automobiles, trucks, recreational vehicles, trailers and other similar vehicles on a t X 19 temporary or permanent basis shall meet the requirements of the San Bernardino w _ 20 County Fire Department Fire Prevention Standards. E 21 Exceptions: a 22 (A) Parking of vehicles at wholesale or retail sales lots. 23 (B) Parking lots for public or private use where vehicles are 24 parked or stored on the premises without being moved for a period not exceeding 30 25 days. 26 (d) Chapter 4 of the California Fire Code is adopted into the San Bernardino 27 County Fire Protection District Fire Code. 28 (e) Chapter 5 of the California Fire Code is adopted into the San Bernardino CAG 2BN1460v2 23 Packet Pg.334 8.A.b I County Fire Protection District Fire Code and amended, as follows: 2 (1) Section 503.2 is added to the San. Bernardino County Fire 3 Protection District Fire Code and amended, to read: 4 503.2 Specifications. Fire apparatus access roads shall be installed and 5 arranged in accordance with Sections 503.2.1 through 503.2.7. In addition, all fire 6 apparatus access roadways shall meet San Bernardino Fire Department Fire 7 Prevention Standards. 8 (2) Section 503.2.1 is added to the San Bernardino County Fire 9 Protection District Fire Code and amended, to read: 10 503.2.1 Dimensions. Fire apparatus access roads shall have an o 11 unobstructed width of not less than 26 feet (7925 mm), except for approved security 12 gates in accordance with Section 503.6, and an unobstructed vertical clearance of not ° U 13 less than 14 feet, 6 inches (4420 mm). Roadways that provide fire apparatus access to = o 14 buildings having occupied floors that are greater than two stories above such adjacent o 15 roadways shall have an unobstructed width of 30 feet(9144 mm). a 16 EXCEPTIONS: 17 (A) One-way access roads may have an unobstructed width of a 18 not less than 20 feet (5096 mm). r X 19 (B) Driveways of one- and two-family dwellings shall be a ' 20 minimum of 12 feet (3658 mm) in width. E r U 21 (C) Required access road dimensions may be modified when, a 22 due to location on property, topography, waterways, nonnegotiable grades or other 23 similar conditions, the Fire Code Official determines that the conditions cannot be met. 24 (3) Section 503.2.2 is added to the San Bemardino County Fire 25 Protection District Fire Code. 26 (4) Section 503.2.3 is added to the San Bernardino County Fire 27 Protection District Fire Code and amended, to read: 28 503.2.3 Surface. Fire apparatus access roads shall be designed CAG 2BN146M 24 FPacket Pg. 335 8.A.b 1 and maintained to support the imposed loads of fire apparatus and shall be surfaced in 2 order to provide an all-weather driving surface capable of supporting an imposed load of 3 at least 75,000 pounds. Where road grades do not exceed eight percent (8%), and 4 where serving only one- or two-family dwellings or accessory Group U occupancies, the 5 Fire Code Official may approve roads constructed with approved native materials or 6 gravel compacted to eighty-five percent(85%)compaction. 7 (5) Sections 503.2.4 - 503.2.6 are added to the San Bernardino County 8 Fire Protection District Fire Code. 9 (6) Section 503.2.7 is added to the San Bernardino County Fire L 10 Protection District Fire Code and amended, to read: ° L 11 503.2.7 Grade. The grade of a fire apparatus access road or 12 driveway shall be a maximum of twelve percent(12%). 0 13 Exceptions. c a 0 14 (A) The grade of a fire apparatus access road or driveway may c. 0 15 be increased to fourteen percent (14%) for a distance not to exceed 500 feet with the a 16 approval of the Fire Code Official based upon specific circumstances. CN Iq 17 (B) The grade of a one- or two-family dwelling driveway may be a 18 increased to a maximum of sixteen percent (16%) for a distance not to exceed 500 feet X 19 in areas in which the Hillside Grading Standards pursuant to Chapter 83.08 of the San w 20 Bernardino County Development Code apply and with the approval of the Fire Code E z 21 Official. w a 22 (C) Where more restrictive local city requirements apply. 23 (7) Section 503.2.8 is added to the San Bernardino County Fire 24 Protection District Fire Code. 25 (8) Section 503.3 is added to the San Bernardino County Fire 26 Protection District Fire Code. 27 (9) Section 503.4 is added to the San Bernardino County Fire 28 Protection District Fire Code and amended, to read: CAG 2BN1460v2 25 Packet Pg. 336 8.A.b 1 503.4 Obstruction of fire apparatus access roads. Fire apparatus 2 access roads shall not be obstructed in any manner, including the parking of vehicles. 3 The minimum widths and clearances established in Section 503.2.1 shall be maintained 4 at all times. Any condition that serves as an impediment to fire access, or any vehicle or 5 other obstruction to fire access may be removed at the orders of the Department or 6 other governing agency in cooperation with the Department, with the expense of such 7 removal to be paid by the owner of the roadway, or of said vehicle or obstruction. 8 (10) Sections 503.4.1, 503.5 -- 503.5.2, 503.6 are added to the San 9 Bemardino County Fire Protection District Fire Code. L 10 (11) Section 504.4.1 is added to the San Bernardino County Fire 11 Protection District Fire Code and amended, to read: y 12 504.4.1 Foam Cornices. Buildings with cornices or other trim at the 0 13 edge of a roof or parapet wall made of expanded foam plastic or other similar materials 0 14 shall be installed in accordance with San Bernardino County Fire Department Fire c 15 Prevention Standards in order to allow a reliable surface on which a ladder can be used a N 16 to access the roof. 17 (12) Section 505.1 is added to the San Bernardino County Fire a r 18 Protection District Fire Code and amended, to read: X 19 505.1 Address numbers. Newly constructed and existing buildings shall 20 have approved address numbers, building numbers or approved building identification L 21 placed in a prominent position that is plainly legible and visible from the street or road a 22 fronting the property. If there is more than one building on a lot and only one number is 23 assigned, the number shall be posted on the principal building or the building nearest 24 the street. These numbers shall contrast with the background to which they are 25 attached. Address numbers shall be Arabic numerals or alphabet letters. Such address 26 numbers shall be electrically illuminated by an internal or extemal source during the 27 hours of darkness. 28 (13) Sections 505.1.1 — 505.1.6 are added to the San Bernardino CAG 2B N 146DY2 26 Packet Pg. 337 8.A.b 1 County Fire Protection District Fire Code and amended, to read: 2 505.1.1 Single family residential dwelling units. All new 3 residential dwelling units, other than multifamily dwelling units, shall, in addition to the 4 requirements of Section 505.1 of the San Bernardino County Fire Protection District Fire 5 Code, be posted with address numbers that are: 6 A. Internally electrically illuminated so as to be visible during 7 the hours of darkness, or 8 B. Where building setbacks exceed 100 feet (30.5 m) from the 9 street or would otherwise be obstructed, numbers shall be displayed on an independent 10 post, at the pro ° 10 structure, such as a p party entrance. These additional numbers are not ;v LL 11 required to be illuminated, but shall be reflective and meet the requirements of this a:, 12 Section. o U 13 505.1.2 Multifamily, commercial, and industrial buildings less r- 14 than 100,000 square feet. All new multifamily, commercial, industrial, and other non- c 15 residential use buildings less than 100,000 square feet (9290 m2) in area shall, in a 16 addition to the requirements of Section 505.1 of the San Bernardino County Fire 17 Protection District Fire Code, be posted with address numbers that are: a r 18 A. Not less than eight inches (204 mm) in height, with a X w 19 minimum stroke width of 1 inch (25.5 mm); and 20 B. Where building setbacks exceed 200 feet (61 m) from the s 21 street, or the numbers on the building would not be visible or would otherwise be a 22 obstructed, additional numbers shall be displayed on an independent structure, at the 23 property entrance. These additional numbers shall not be less than six inches (153 24 mm) in height, with a minimum stroke width of 0.75 inches (19 mm) and shall otherwise 25 meet the requirements of this Section. 26 505.1.3 Multifamily, commercial, and industrial buildings 27 100,000 square feet or larger. All new multifamily, commercial, industrial, and other 28 non-residential use buildings 100,000 square feet (9290 m2) or larger in area shall, in GAG 26N146Ov2 27 FP Pg. 338 8.A.b 1 addition to the requirements of Section 505 and all other local requirements, be posted 2 with address numbers that are: 3 A, Not less than twelve inches (306 mm) in height, with a 4 minimum stroke width of 1.5 inch (38 mm), and 5 B. Where building setbacks exceed 200 feet (61 m) from the 6 street, or the numbers on the building would not be visible or would otherwise be 7 obstructed, additional numbers shall be displayed on an independent structure, at the 8 property entrance. These additional numbers shall not be less than six inches (153 9 mm) in height, with a minimum stroke width of 0.75 inches (19 mm) and shall otherwise L 10 meet the requirements of this Section. o L 11 505.1.4 Illuminated directory. All new multiple dwelling unit r 12 complexes of 20 or more units shall be provided with an illuminated directory at each 13 entry, clearly visible and within the setback area. The directory shall at a minimum 0 0 �* 14 consist of a diagrammatic representation of the complex which shows the location of the a 0 16 viewer and the unit designations within the complex. a N 16 505.1.5 Individual units. All individual residential units or tenant 17 lease spaces in a new multifamily, commercial, or industrial building shall be posted a r 18 with identification numbers, not less than 3 inches (76 mm) in height, that are L X 19 electrically illuminated and easily visible to approaching vehicular and/or pedestrian y 20 traffic. E 21 505.1.6 Rear addressing. Any business which affords vehicular a 22 access to the rear through any driveway, alleyway, or parking lot shall also display the 23 same numbers on the rear of the building. 24 (14) Section 507.1 is added to the San Bernardino County Fire 25 Protection District Fire Code and amended, to read: 26 507.1 Required water supply. An approved water supply capable of 27 supplying the required fire flow for fire protection shall be provided to premises upon 28 which facilities, buildings or portions of buildings are hereafter constructed or moved CAG 213N146M 28 FPacket Pg. 339 8.A.b 1 into or within the jurisdiction. In areas without a water purveyor capable of supplying the 2 required water supply, National Fire Protection Association standard 1142 (current 3 edition) shall be used to establish on-site water storage capacities, when allowed by the 4 Fire Code Official. 5 EXCEPTION: 6 (A) For single one- and two-family dwellings and attached 7 garages, and accessory Group U occupancies, not part of a parcel map, tentative tract 8 or other similar planned development, where an adequate water supply cannot be 9 provided by a water purveyor or well, the following alternatives may, when approved by 10 the Fire Code Official, be considered in lieu of an adequate water supply: 11 (1) The structure shall be located a minimum 50 foot L. 12 setback from all property lines, or 0 13 (11) Provide other approved alternate means and methods 0 0 14 as approved by the Fire Code Official, a 0 15 (15) Section 507.2.3 is added to the San Bernardino County Fire a 16 Protection District Fire Code and amended, to read: IT qe 17 507.2.3 Temporary Water Supply. When approved by the Fire a 18 Code Official, a temporary water supply may be provided for buildings under x LU 19 construction, prior to such buildings being occupied. Temporary water supplies shall be 20 in accordance with San Bernardino County Fire Department Fire Prevention Standards. 21 (16) Section 507.3 is added to the San Bernardino County Fire a 22 Protection District Fire Code and amended, to read: 23 507.3 Fire Flow. Fire flow requirements for buildings or portions of 24 buildings and facilities shall be determined by an approved method below or Appendix 25 B. 26 (A) EXCEPTION: For single one- and two-family dwellings and 27 attached garages and accessory Group U occupancies, not part of a parcel map, 28 tentative tract or other similar planned development, where an adequate fire flow cannot CAG 2$NI4M 2 29 Packet Pg. 340 8.A.b I be provided by a water purveyor or well, or onsite water storage tanks, the following 2 alternatives may, when approved by the Fire Code Official, be considered as adequate 3 fire flow: 4 (1) The structure shall be located so as to provide a 5 minimum 50 foot setback from all property lines, or 6 (11) Provide other approved alternate means and methods 7 as approved by the Fire Code Official. 8 (17) Section 507.5.1 is added to the San Bernardino County Fire _ 9 Protection District Fire Code and amended, to read: a L 10 507.5.1 Where required. Where a portion of the facility or building o 11 hereafter constructed or moved into or within the jurisdiction is more than 300 feet (91.5 r 12 m) from a hydrant on a fire apparatus access road, as measured by an approved route 13 around the exterior of the facility or building, on-site fire hydrants and mains shall be O o 14 provided where required by the Fire Code Official. c. 0 15 Exception. a N 16 (A) For Group R-3 and attached Group U occupancies, 17 equipped throughout with an approved automatic sprinkler system installed in a r 18 accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the distance requirement X 19 shall not be more than 600 feet(183 m). w 20 (8) Single one- and two-family dwellings and attached garages, r 21 not part of a parcel map, tentative tract or other similar planned development, equipped a 22 with an approved automatic residential fire sprinkler system or an approved self- 23 contained residential automatic sprinkler system, shall not be required to provide an on- 24 site hydrant when allowed by the Fire Code Official. 25 (18) Section 507.5.1.2 is added to the San Bernardino County Fire 26 Protection District Fire Code and amended, to read: 27 507.5.1.2 Redundant water supplies. New on-site fire hydrant 28 water systems that serve buildings greater than 100,000 square feet (9,290 m2) in floor CAG 2BN1486v2 30 Packet Pg. 341 8.A.b I area shall have two separate remote connections to the public water system designed 2 and constructed in accordance with NFPA and San Bernardino County Fire Department 3 Fire Prevention Standards and approved by the Fire Code Official. 4 (19) Section 509.3 is added to the San Bernardino County Fine 5 Protection District Fire Code and amended, to read: 6 509.3 Access to equipment in multi-unit buildings. When automatic 7 fire sprinkler systems or fire alarm systems are installed in buildings constructed for 8 multiple tenants and these systems protect multiple tenant spaces, the main controls 9 and control appurtenances, such as risers, fire alarm control panels, and valves for such L 10 systems, shall be located in an attached or included room or an approved weather L 11 resistant enclosure with at least one exterior access door of not less than T-0" (918 12 mm) in width by 6'-8" (2040 mm) in height. 0 13 (20) Section 509.4 is added to the San Bernardino County Fire o _ 14 Protection District Fire Code and amended, to read: a 0 15 509.4 Fire Control Room. A fire control room for fire department a 16 operations shall be provided in all newly constructed Group S-1 and S-2 distribution 17 warehouses greater than 300,000 square feet (27,870 m) in floor area. The location a r 18 and accessibility of the fire control room shall be approved by the Fire Code Official. x 19 The fire control room shall be separated from the remainder of the building by walls and `.r". 20 ceilings not less than one-hour fire partitions and shall have at least one exterior access E r 21 door of not less than T-0" (918 mm) in width by 6'-8" (2040 mm) in height. The room a 22 shall be a minimum of 96 square feet (9m2) with a minimum dimension of 8 feet (2438 23 mm.) The room shall contain the following as a minimum: 24 (A) The fire alarm control unit and associated equipment, 25 including an annunciator panel displaying status of sprinkler control valves and 26 waterflow detectors. 27 (B) Main controls and indicators for mechanical smoke exhaust 28 systems. CAG WN 14604 31 Packet Pg. 342 8.A.b I (C) A printed graphic exhibit(s) showing the building floor plan, 2 automatic sprinkler systems, fire alarm systems, smoke exhaust systems, fire 3 department access doors, and any other equipment as required by the Fire Code 4 Official. 5 (D) Other firefighting equipment and system controls as required 6 by the Fire Code Official. 7 (f) Chapter 6 of the California Fire Code is adopted into the San Bemardino 8 County Fire Protection District Code and is amended, as follows: 9 (1) Section 603.1.4 of the San Bernardino County Fire Protection S 10 District Fire Code is amended, to read: 11 603.1.4 Fuel OIL The grade of fuel oil used in a burner shall be that w _ 12 for which the burner is approved as stipulated by the burner manufacturer. Oil 13 containing gasoline or other materials, and used or crankcase oil shall not be used. ° 0 14 (2) Section 608.1 of the San Bernardino County Fire Protection District o 15 Fire Code is amended, to read: a N 16 608.1 Scope. Stationary storage battery systems having an electrolyte 17 capacity of more than 50 gallons (189 L) for flooded lead-acid, nickel cadmium (Ni-Cd), a 18 and valve-regulated lead-acid (VRLA), or 1,000 pounds (454 kg) for lithium-ion and X Ui 19 lithium metal polymer, used for facility standby power, emergency power, uninterrupted 20 power supplies, and powering industrial trucks and equipment shall comply with this E 21 Section and Table$08.1. a 22 (g) The following sections of Chapter 9 are added or amended as follows: 23 (1) Section 901.4.2 is added to the San Bernardino County Fire 24 Protection District Fire Code and amended, to read: 25 901.4.2 Non-required fire protection systems. Any fire protection 26 not required by this code or the Califomia Building Code shall be allowed to be 27 furnished provided such installed system meets the requirements of this code, the 28 Califomia Building Code, and the San Bemardino County Fire Department Fire CAG 2BN145M 32 Packet Pg. 343 8.A.b 1 Prevention Standards. 2 (2) Section 901.4.2.1 is added to the San Bernardino County Fire 3 Protection District Fire Code and amended, to read: 4 801.4.2.1 Partially Protected Structures. Notwithstanding any other 5 provisions of this code or specific exemptions, no building or structure shall be partially 6 furnished with a new fire protection system. 7 Exceptions: 8 (A) Existing structures or buildings currently not protected when 9 the only fire protection system being installed is part of Type I commercial cooking hood 10 and duct system, other than an automatic sprinkler system, or any other system 11 required by Table 903.2.11.6. ;, 12 (3) Section 901.8.2 is added to the San Bernardino County Fire 13 Protection District Fire Code and amended, to read: c r_ 0 14 901.8.2 Theft deterrents. The Fire Code Official is authorized to o. 0 15 require installation methods, mechanisms, or other technology that will serve to deter a 16 theft or tampering with fire protection appliances. 17 (4) Section 903.2 is added to the San Bernardino County Fire a 18 Protection District Fire Code and amended, to read: X 19 903.2 Where required. Approved automatic fire sprinkler systems in new 20 building and structures shall be provided in the locations described in this section and E 21 Sections 903.2.1 through 903.2.19. a 22 (A) Notwithstanding any other provision of Sections 903.2.1 23 through 903.2.19, excluding any specific exception, or any more restrictive provisions of 24 any local ordinance of any political subdivision that contracts with the San Bernardino 25 County Fire Protection District, an approved automatic fire sprinkler system shall be 26 provided throughout all newly constructed buildings of any occupancy group, when the 27 gross floor area is equal to or exceeds 5,000 square feet (465m2), regardless of fire 28 resistive separation walls. cAG 2BN146Ov2 33 Packet Pg. 344 8.A.b I Exception: Group U occupancies accessory to a one- or 2 two-family dwelling that are not used for commercial or industrial purposes. i 3 1 (B) In existing structures, other than Group R, Division 3 (one 4 and two family dwellings and accessory Group U occupancies), not equipped with an 5 automatic fire sprinkler system, the following requirements shall apply: 6 (1) For existing structures when an addition causes the 7 structure to exceed 5,000 square feet (465m2) in gross floor area and and/or such 8 addition is equal to or greater than 50% of the square footage existing as of January 1, 9 2011, the entire structure shall be provided with an automatic sprinkler system. a ° 10 (11) For existing buildings larger than 5,000 square feet LL 11 (465m2)in gross floor area, when a change of use occurs that, in the opinion of the Fire 12 Code Official using the guidance of the California Building Code, increases the 13 likelihood of, or increases the danger to occupants in a fire incident, the entire fire area = 0 14 shall be provided with an automatic sprinkler system. c 15 (5) Section 910.4 is added to the San Bernardino County Fire a CM 16 Protection District Fire Code and amended, to read: v 17 910.4 Mechanical smoke exhaust. Engineered mechanical smoke a r 18 exhaust systems conforming to the requirements of Section 910.4 of this Code shall be 22 X 19 provided in all newly constructed Group S-1 and S-2 distribution warehouses greater a� 20 than 300,000 square feet (27,870 m2) in floor area, and shall be an acceptable E 21 alternative to smoke and heat vents in all other occupancies. a 22 (h) Chapter 28 is amended, as follows: 23 (i) Section 2810 is added to the San Bernardino County Fire Protection 24 District Fire Code, to read: 25 Section 2810 28 Storage of Combustible Idle Pallets 27 2810.1 General. Incidental storage of more than 200 combustible idle pallets and any 28 storage of pallets at pallet manufacturing, storage and refurbishing yards shall be in CAG 2BN146dv2 34 Packet Pg. 345 8.A.b 1 accordance with the San Bemardino County Fire Department Fire Prevention 2 Standards. An operational permit shall be obtained in accordance with Section 3 105.6.33.1. 4 (j) Appendix B is amended as follows: 5 B105.2 Buildings other than one and two family dwellings. The 6 minimum fire flow and flow duration for buildings other than one- and two- family 7 dwellings shall be as specified in table 113105.1. 8 Exception. A reduction in required fire-flow of up to 50 percent, as 9 approved, is allowed when the building is provided with an approved automatic sprinkler L 10 system installed in accordance with Section 903.3.1.1 or 903.3.1.2. A reduction in a L 11 required fire flow of up to 75 percent is allowed for isolated buildings of Group U ;, _ 12 occupancy, agricultural uses, or other low hazard uses when approved by the Fire Code o U 13 Official. The resulting fire flow shall not be less than 1,500 gallons per minute (5678 0 14 Umin)for the prescribed duration as specified in Table 8105.1 a 0 15 (k) Appendix C is amended as follows: a 16 C103.1 Fire hydrants available. The number of fire hydrants available to M 17 a complex or subdivision shall not be less than that determined by spacing a 18 requirements specified in Section 0105.1 when applied to fire apparatus access roads r2 L K 19 and perimeter public streets from which fire operations could be conducted. w _ 20 (1) Section 0105.1 is amended, to read: E 21 C105.1 Hydrant Spacing_ The average spacing between fire hydrants a 22 shall not exceed that specified by the San Bemardino County Fire Department Fire 23 Prevention Standards, specifically, 300 feet (91m) apart in industrial, commercial and 24 multifamily development, and 600 feet (183m) apart in all single family development. 25 Spacing of fire hydrants along public streets shall also be guided by other County or 26 City public works standards. 27 Exception: The Fire Code Official is authorized to accept a deficiency of 28 up to 10 percent where existing fire hydrants provide all Ora portion of the required fire eAC 26NIOM 35 Packet Pg. 346 8.A.b 1 hydrant service. 2 (m) Table C105.1 is deleted. 3 3. Amendments to the Callfornla Residential Code. The California Residential 4 Code as adopted by the San Bernardino County Fire Protection District is amended as 5 follows: 6 (a) Section R313.2 is amended, to read: 7 R313.2 One- and two-'Family dwellings automatic fire systems. An 8 automatic residential fire sprinkler system shall be installed in one-and two-family R 9 dwellings, including new or used manufactured homes and in multi-unit manufactured L 10 housing with two dwelling units manufactured after January 1, 2011 where a fire 11 sprinkler system would be normally be required in any residential unit that could be built 12 on the same site. 'o U 13 EXCEP11ONS: _ 14 (1) An automatic residential fire sprinkler system shall not be required o 15 for additions or alterations to existing buildings that are not already provided with an a 16 automatic residential sprinkler system. Iq IT 17 (2) Used manufactured homes moved into the jurisdiction that do not a 18 already have an automatic fire sprinkler system shall not be required to have a new M X 19 automatic fire sprinkler system installed. w r 20 (b) Section R313.2.1 is amended, to read: E 21 R313.2.1 Design and Installation. Automatic residential fire sprinkler a 22 systems shall be designed and installed in accordance with Sections R313.3 or NFPA 23 13D. Automatic residential fire sprinkler systems installed in new or used manufactured 24 homes and in multi-unit manufactured housing with two dwelling units shall be designed 25 and installed in accordance with California Code of Regulations, Title 25. 26 (c) Section R313.3.1.1 is amended, to read. 27 R313.3.1.1 Required Sprinkler Locations. Sprinklers shall be installed to 28 protect all areas of a dwelling unit. CAG 2BN1460J2 36 Packet Pg. 347 8.A.b 1 EXCEPTIONS: 2 (1) Attics, crawl spaces, built-up areas and normally unoccupied 3 concealed spaces, less than 5 feet in height, that do not contain fuel-fired appliances do 4 not require sprinklers. In those areas containing fuel-fired appliances, a sprinkler shall 5 be installed above the appliance. 6 (2) Clothes closets, linen closets, and pantries not exceeding 24 7 square feet (2.2 m2) in area, with the smallest dimension not greater than 3 feet (915 8 mm)and having wall and ceiling surfaces of gypsum board. 9 (3) Detached garages; carports with no habitable space above; open 10 attached porches, balconies or stairs, and similar areas. L 11 (4) Sprinklers in new or used manufactured homes and in multi-unit u,>,, 12 manufactured housing with two dwelling units shall be installed in accordance with 13 California Code of Regulations, Title 25. 0 0 14 (d) Section R313.3.5.2 is amended, to read: c. 0 15 R313.3.5.2 Required capacity. The water supply shall have the capacity to a 16 provide the required design flow rate for sprinklers for a period of time as follows: le 17 (1) 7 minutes for dwelling units one story in height and less than 2,000 a r 18 square feet (186 m2) in area. For the purposes of determining the area o€ the dwelling x 18 unit, the area of attached garages and attached open carports, porches, balconies and r 20 patios shall not be included. E r 21 (2) 10 minutes for dwelling units two or more stories in height or equal a 22 to or greater than 2,000 square feet (186 m2) in area. For the purposes of determining 23 the area of the dwelling unit, the area of attached garages and attached open carports, 24 porches, balconies and patios shall not be included. 25 Where a well system, a water supply tank system, a pump, or a 26 combination thereof, is used, the water supply shall serve both domestic and fire 27 sprinkler systems. Any combination of well capacity and tank storage shalt be permitted 28 to meet the capacity requirement. CAG 23NI46M 37 Packet Pg. 348 8.A.b 1 EXCEPTION: Where a residential fire sprinkler system is supplied 2 by a stored water source with an automatically operated means of pressurizing the 3 system other than an electric pump, the water supply may serve the sprinkler system 4 only. 5 4. Referenced Codes and Standards. fi The codes and standards referenced in this San Bernardino County Fire 7 Protection District Code shall be those that are listed in Chapter 80 of the California Fire 8 Code as adopted by this ordinance, and the San Bernardino County Fire Department 9 Fire Prevention Standards. Such codes, standards and interpretations shall be E 10 considered part of the requirements of this San Bernardino County Fire Protection 11 District Code to the prescribed extent of each such reference. Where differences occur 12 between this Code and the referenced standards, the Fire Code Official shall determine 13 which requirements meet the intent of this Code. c 14 5. Conflicting Provisions. a 0 15 Where there is a conflict between a general requirement and a specific a N 16 requirement, the Fire Code Official shall determine which requirement meets the intent 17 of this Code. Provisions of the California Code of Regulations that are included in this a 18 Code specifically or by reference shall prevail except where this Code contains a more X 19 restrictive requirement. w _ 20 6. Validity and Severabitlty. E s 21 This San Bernardino County Fire Protection District Code shall not be in conflict a 22 with state or federal law. If any section, subsection, sentence, clause or phrase of this 23 Code or the application thereof is held invalid, such invalidity shall not affect other 24 provisions or applications which can be given effect without the invalid provision or 25 application, and to this end the provisions of this Code are severable. 26 7. No Liability or Warranty. 27 The County of San Bernardino, the San Bernardino County Fire Protection 28 District, any political subdivision or district that contracts with the San Bernardino CAG 2BN146ov2 38 Fpacket Pg. 349 8.A.b 1 County Fire Protection District, and their employees or agents shall not be held liable for 2 any act or omission or act done in good faith reliance upon state law, or the ordinance, 3 codes, standards, interpretations, policies or procedures of the San Bernardino County 4 Fire Protection District, The County of San Bernardino, the San Bernardino County Fire 5 Protection District, any political subdivision or district that contracts with the San 6 Bernardino County Fire Protection District, and their employees or agents shall not be 7 held liable for the negligence of, nor as the guarantor of proper performance by, any 8 person or entity holding any license, permit, certificate, registration, privilege or other 9 entitlement from the District. L 10 8. Authority- General 11 The Fire Code Official shall implement, administer, and enforce the provisions of 12 this San Bernardino County Fire Protection District Code and shall have the authority to 13 render interpretations of the Code, and the standards of the National Fire Protection 0 14 Association. The Fire Code Official shall also have the authority to adopt policies, c 15 procedures, rules and regulations in order to clarify the application of this Code. Such a 16 interpretations, policies, procedures, rules and regulations shall be in compliance with le 17 the intent of this Code. Violations of any interpretation, policy, procedure, rule or a 18 regulation shall be considered a violation of the provisions of this Code. r X 19 0. Authority at Fires or Other Emergencies. w W. 20 (a) The Fire Chief/Fire Warden, Fire Code Official or any officer of the San E r 21 Bernardino County Fire Protection District in charge at the scene of a fire or other a 22 emergency involving the protection of life or property shall have the authority to direct 23 operations as necessary to extinguish or control any fire, perform any rescue operation, 24 investigate the existence of suspected or reported fires, gas leaks, or other hazardous 25 conditions or situations, or take any other action necessary in the reasonable 26 performance of duty. In the exercise of such authority, the Fire Chief/Fire Warden, Fire 27 Code Official or officer is authorized to prohibit any person, vehicle, vessel or thing from 28 approaching the scene and is authorized to remove or cause to be removed, or keep CAG 28N1460v2 39 Packet Pg. 350 8.A.b 1 away from the scene any person, vehicle, vessel or thing which could impede or 2 interfere with the operations of the fire department. 3 (b) The Fire Chief/Fire Warden, Fire Code Official or officer of the San 4 Bernardino County Fire Protection District in charge at the scene of a fire or other 5 emergency is authorized to place ropes, tape, flagging, barricades, guards or other 6 obstructions across any street, allay, place, driveway or private property in the vicinity of 7 such operation so as to prevent accidents or interference with the lawful operations of 8 the fire department to manage and control the situation and to allow the safe operation 9 of fire, rescue and investigation apparatus. 10 (c) The Fire Chief/Fire Warden, Fire Code Official or officer of the San ° 11 Bernardino County Fire Protection District in charge at the scene of a fire or other 12 emergency is authorized to disconnect or authorize disconnection of utility service to 13 any building, structure, vehicle or system in order to safely execute emergency o r- 0 14 operations or to eliminate an immediate hazard. a 0 15 10. Authority to Inspect, Issue Notices and Administrative Citations or Abate a a 16 Public Nuisance. 17 (a) Whenever ft is necessary to make an inspection to enforce the provisions a 18 of this Code, or whenever the Fire Code Official has reasonable cause to believe that s X 19 there exists in a building or premises any conditions or activity requiring a permit w 20 authorized by this Code, or reasonably believes that there are any violations of this E 21 Code which make a building, premises, condition or activity unsafe, dangerous or 20 a 22 hazardous, the Fire Code Official and those personnel designated by the Fire Code 23 Official are authorized to enter, at all reasonable times, upon any property, premises, 24 enclosure, structure, vehicle or vessel within the unincorporated areas of the County of 25 San Bernardino or within any political subdivision or district that contracts with the San 26 Bernardino County Fire Protection District to determine whether the building, property, 27 premises, enclosure, structure, vehicle, vessel, condition or activity is in compliance with 28 this Code, or whether a violation of this Code has occurred or is occurring, and to make CAG MN146M 40 Packet Pg. 351 8.A.b 1 any inspection as may be necessary in the performance of their enforcement duties, to 2 issue a Notice of Correction, Notice of Violation or to issue a Stop Work Order or 3 citation. 4 (b) The Fire Code Official and those persons designated by the Fire Code 5 Official are authorized to take of photographs, samples, or other physical evidence, and 6 make video and/or audio recordings. All such entries and inspections shall be done in a 7 reasonable manner. If an owner, lawful occupant, or the respective agent, employee, or 8 representative thereof, refuses permission to enter and/or to inspect, the District may = 9 seek an administrative inspection warrant pursuant to the procedures provided by 10 California Code of Civil Procedure Sections 1822.50 through 1822.59, as may be o 11 amended from time to time, or the successor provisions thereto. U. 12 (c) The Fire Code Official and those persons designated by the Fire Code 0 13 Official are authorized to investigate, detain, and issue criminal or administrative 0 *^ 14 citations for any violation of this Code or of the provisions of any code or standard o 15 adopted and incorporated by reference by this Code. a N 16 (d) Any violation of this Code, the California Fire Code, the San Bernardino V4 17 County Fire Department Fire Prevention Standards or of the provisions of any code a r 18 adopted and incorporated by reference by this Code may be deemed a fire hazard by X 19 the Fire Code Official and acted upon pursuant to the public nuisance abatement c 20 provisions of Chapter 5 of Division 3 of Title 2 of the San Bernardino County Code E 21 beginning with Section 23.0503. a 22 11, Closure of public and private hands. When it is determined by the Fire Code 23 Official that conditions exist on public lands within a Wildfire Risk Area that present an 24 immediate, exceptional, or continuing danger, the Fire Chief/Fire Warden is authorized 25 to close the affected areas and prohibit the entry of the general public. Prior to closure 26 of private property, notification of the closure shall be made to any concerned property 27 owners and consent obtained. Upon closing and prohibiting entry to public lands, signs 28 shall be posted at the entry points of the affected areas indicating that the area is closed CAG 2BN146OV2 41 Packet Pg. 352 8.A.b 1 due to the existence of dangerous conditions and that entry is prohibited. Prior to 2 closing and prohibiting entry to any State or Federally controlled lands, notification shall 3 be made and consent obtained from the Director of Forestry and Fire Protection or U.S. 4 Forest Service, as appropriate. Any public highway traversing such a closed area, 5 shall, however, be excluded from the order of closure, and the closure to entry does not 6 prohibit or curtail the entry or use of the lands by the owner of the lands or his agent, 7 nor the entry by any federal, state or county officer upon the closed area in the S perfiormance of his official duties. All state and county law enforcement officers shall 9 enforce the order of closure. E L 10 12. Interference Unlawful. L 11 (a) It shall be unlawful for any person or entity to deny access to, interfere ;, _ 12 with, prevent, restrict, obstruct, or hinder employees or agents of the San Bernardino o' U 13 County Fire Protection District acting within the scope of their duty. o _ 0 14 (b) It shall be unlawful for any person to render a system or device inoperative a 0 15 during an emergency unless by direction of the Fire Chief/Fire Warden, l=ire Code a 16 Official or officer of the San Bernardino County Fire Protection District in charge at the Iq 17 scene of a fire or other emergency. a w 18 13. Official Records. X 19 The Fire Code Official shall keep official records as required by Sections 104.6.1 u:; _ 20 through 104.6.4. Such official records shall be retained for not less than five years or E 21 for as long as the structure or activity to which such records relate remains in existence, 2 a 22 or in accordance with San Bernardino County Fire Protection District Operations 23 Directive 1300 and the Special Districts Records Retention Schedule, whichever is 24 greater. 25 14. Permits Required. 26 A permit is required to conduct any activity, business, construction, work or use 27 of equipment or to install or modify systems or equipment requiring a permit pursuant to 28 Section 105 of the California Fire Code. Permits shall be obtained from the Fire Code CAG 213N1480h2 42 Packet Pg. 353 8.A.b 1 Official. Permit fees shall be paid prior to the issuance of the permit. 2 15. Fees. 3 (a) Reasonable fees, not to exceed the actual costs, for any permit, license, 4 inspection, plan or technical review, related work or services required pursuant to this 5 Code, the California Fire Code or the San Bernardino County Fire Department Fire 6 Prevention Standards shall be paid pursuant to a fee schedule established by action of 7 the Board of Directors, as may be amended from time to time. 8 (b) Any person who conducts any activity, business, construction, work or use M 9 of equipment or to install or modify systems or equipment requiring a permit pursuant to 0 10 Section 105 prior to obtaining said permits shall be subject to an additional fee, which 11 shall be in addition to the required permit. 12 16. Applications and Permits — Abandonment, Period of Validity, Expiration 0 13 and Extensions. r- 0 14 (a) An application for a permit for any proposed work or operation and its o 15 associated fee shall be deemed to have been abandoned if the applicant fails to submit a N 16 any required documentation within 180 days after the date of filing or the date an 17 application or plans have been returned by the Department for correction, or the date a 18 the Department has requested additional information or documentation. The Fire Code x 19 Official is authorized to grant one or more extensions of time to submit such w 20 documentation or corrections for a period not to exceed 90 days. All requests for E 21 extension shall be made, in writing, by the applicant prior to abandonment and shall a 22 provide justifiable cause to extend the application review period. 23 (b) Permits issued under the provisions of this Code shall remain in effect as 24 follows: 25 (1) Operational permits shall remain in effect for a period of time as 26 specified in the permit, not to exceed one year from issuance or until revoked. 27 (2) Construction permits shall automatically expire and become invalid 28 unless the worts authorized by such permit is commenced within 180 days after its CAG 2BN1460v2 43 FPacket Pg. 354 8.A.b 1 issuance, or if the work authorized by such permit is suspended or abandoned for a = 2 period of 180 days after the time the work is commenced. Suspension or abandonment 3 shall mean that no inspection by the Department has occurred within 180 days of any 4 previous inspection. 5 (3) After a construction permit becomes invalid or expired and before 6 such previously approved work recommences, a new permit shall be first obtained and 7 the fee to recommence work shall be payable according to the approved fee schedule, 8 provided no changes have been made or will be made in the original construction 9 documents for such work, and provided further that such suspension or abandonment L 10 has not exceeded one year. Permits which have been expired for one year or more o 11 shall be deemed invalid and will require a new application, payment of fees and 12 submittal of plans and review. o U 13 (4) Notwithstanding any other provision of taw, construction permits 0- 0 14 that have expired and are renewed are subject to any new applicable codes as would o 15 be required for a new project. a CN 16 (c) A permittee holding an unexpired permit shall have the right to apply for 17 an extension of the time within which the permittee will commence work under that a 18 permit when work is unable to be commenced within the time required by this Section X 19 for good and satisfactory reasons. The Fire Code Official is authorized to grant, in w 20 writing, one or more extensions of the time period of a permit for periods of not more r 21 than 180 days each. Such extensions shall be requested by the permittee in writing and a 22 justifiable cause shall be demonstrated. The Fire Code Official shall have the right to 23 refuse a perrnit extension if it is determined that the permittee has no justifiable cause. 24 If a permit extension is refused, the provisions of this Section shall apply upon 25 expiration. 26 (d) Any application submitted or permit issued pursuant to a planning 27 application process (including but not limited to Conditional Use Permits, Minor Use 28 Permits, Site Plans, Tentative Tracts, Planned Developments, etc.) through the C,4G 2BN1460v2 44 Packet Pg. 355 8.A.b 1 Planning Division of the San Bernardino County Land Use Services Department and its 2 successors, or a similar process through the planning department (or similar) of any 3 political subdivision or district which contracts with the San Bernardino County Fire 4 Protection District may, at the discretion of the Fire Code Official, be subject to the 5 respective abandonment, period of validity, expiration and extension policies, rules and 6 regulations of those entities in lieu of this Section. 7 17. Permits not Transferable. 8 (a) For operational permits, any change in occupancy, operation, tenancy, or 2 9 ownership shall require that a new permit be issued. 10 (b) Pursuant to Business and Professions Code 7031.5, only a contractor, 11 licensed by the State of California to perform the type of work proposed in the permit y 12 application, may apply for and be issued, a construction permit required pursuant to 13 Section 105.7 et seq. of the San Bernardino County Fire Protection District Fire Code. _ 14 Any change of contractor named to conduct the permitted work shall require that a new o 16 a permit be issued. .. N 16 EXCEPTIONS: Iq le 17 (1) Owner-Builders intending to occupy the single-family dwelling in a 18 which they obtain a permit to install a fire protection system if they have not constructed E 19 more than two such dwellings in the past year pursuant to Business and Professions u 20 Code Section 7002.12. E 21 (2) Public agencies and those public utilities exempted pursuant to a 22 Business and Professions Code Section 7040 et seq. 23 24 18. Permit Revocation. 25 The Fire Code Official is authorized to revoke a permit issued pursuant to 26 Section 105 of the San Bernardino County Fire Protection District Fire Code when it is 27 found by inspection or otherwise that conditions including, but not limited to, any one of 26 the following occurred: GAG 2BN1460v1 4.5 Packet Pg. 356 8.A.b 1 (a) The permit is used for a location or establishment other than that for which 2 it was issued; 3 (b) The permit is used for a condition or activity other than that listed on the 4 permit; 5 (c) Conditions and limitations set forth in the permit have been violated; 6 (d) There have been false statements or misrepresentations as to the material 7 facts in the application for permit or submitted plans or a condition of the permit; 8 (e) The permit is used by a different person or firm than the name for which it 9 was issued; 10 (f) The permittee failed, refused or neglected to comply with orders or notices 11 duly served in accordance with the provisions of this Code within the time provided Z 12 therein; 0 13 (g) If a permit is revoked for any of the above reasons, the permit fee shall be 0 .� 14 abandoned. a 0 15 (h) If the permit was issued in error or in violation of any state or federal law, a 16 local ordinance, regulation, this Code or the San Bernardino County Fire Department 17 Fire Prevention Standards, the permit may be revoked. However, if any permit is a r 18 revoked for this reason the permit fee shall be returned to the applicant. w 19 19. Operation or Construction Without a Permit or With an Expired or Revoked Y 24 Permit. E 21 It shall be unlawful for any person to operate or allow the operation of any a 22 activity, business, construction, work or use of equipment or to install or modify systems 23 or equipment requiring a permit pursuant to Section 105 of the San Bernardino County 24 Fire Protection District Fire Code when said permits have not been obtained or said 25 permits have expired or have been revoked. 26 20. Issuance of Stop Work Orders. 27 (a) The Fire Code Official is authorized to issue an order requiring any 28 activity, business, construction, work or use of equipment to immediately cease CAG 2BN146Dv2 46 FPacket Pg. 357 8.A.b 1 whenever it is found that such activity, business, construction, work or use of equipment 2 is being performed in a manner in violation of this Code or in a dangerous or unsafe 3 manner. Stop work orders may also be issued for any overcrowding beyond the 4 approved capacity of a building, 5 (b) A stop work order shall be issued in writing and shall be given to the 8 permittee or his agent, or to the person conducting the activity, business, construction, 7 work or use of equipment if no permit has been issued. The stop work order shall state 8 the reason for the order and the conditions under which the stopped activity, business, 9 construction, work or use of equipment may resume. 0 10 (c) A device, tag or seal preventing the use of equipment in violation of this 11 Code or posing a hazard may be affixed to the equipment at the time a stop work order 12 is issued. 0 13 (d) The Fire Code Official may immediately abate or cause to be abated any c. 14 overcrowding situation, or remove or cause to be removed any obstructions in aisles, o 15 passageways or other means of egress, including the cutting or removing of locks, a N 16 chains or other means of sealing or blocking exits. 17 (e) Where an emergency or potential emergency exists, the Fire Code Official a r 18 shall not be required to give written notice prior to stopping the work, abating an LU 19 overcrowding situation or removing an obstruction that would prevent immediate egress 20 in the event of an emergency. E 21 (f) Upon issuance of a stop work order, the non-compliant, dangerous or a 22 unsafe activity, business, construction, work or use of equipment, overcrowding 23 situation, or egress obstruction shall immediately cease or be abated. 24 21. Failure to Comply with a Stop Work Order. 25 It shall be unlawful for any person to continue any activity, business, 26 construction, work or use of equipment after being issued a stop work order, except 27 such work as that person is directed to perform by the Fire Code Official to remove a 28 violation or unsafe condition. CAG 21314146M 47 Packet Pg. 358 8.A.b 1 22. Service of Notices and Orders. 2 Notices and Orders issued pursuant to this Code shall be served in the following 3 manner: 4 (a) If a permittee or his agent, or the person conducting the activity, business, 5 construction, work or use of equipment or other responsible party is present at the 6 scene of the violation, the notice or order shall be issued by personal service. 7 (b) If the responsible party is a business, and the business owner is on the 8 premises, the notice or order shall be personally served to the business owner. if the = 9 business owner is not on the premises and the only responsible party that can be 0 10 located is the manager or on-site supervisor, the notice or order may be issued in the L 11 name of the business and a copy given to the manager or on-site supervisor. A copy of 12 the notice or order shall also be mailed to the business owner by certified mail, return 00 13 receipt requested, and by first class mail. If a copy of the notice or order that is sent by o 14 certified mail is returned by the United States Postal Service unsigned or marked .a 0 ri u '0 "unclaimed"unclaimed and/or "refused," then service by first class mail shall be deemed effective a M 16 provided it is also not returned by the United States Postal Service. le 17 (c) If a responsible party cannot be located at the premises or the activity, a 18 business, construction, work or use of equipment is located at an unattended or x 19 abandoned site, then a copy of the notice or order shall be posted in a conspicuous 20 place on or near the site or equipment, if practicable, and a copy mailed by certified 21 mail, return receipt requested, and by first class mail, to each responsible party at their a 22 last known addresses as they appear on the last County equalized assessment role, or 23 any other available public records related to title or ownership of the property or 24 equipment that is the subject of the notice or order. If the copy of the notice or order 25 sent by certified mail to a responsible party is returned by the United States Postal 26 Service with the mail receipt unsigned, or marked "unclaimed" and/or "refused," then 27 service by first class mail shall be deemed effective provided it is also not returned by 28 the United States Postal Service. CAG 2BN146Ov2 48 Packet Pg. 359 8.A.b 1 (d) The failure of any responsible party to receive a copy of the notice or order 2 shall not affect the validity of the notice or order. 3 23. Tampering with Notices, Orders or Seals Unlawful. 4 It shall be unlawful to mutilate, destroy or tamper with or remove without 5 authorization any notice, order, tag, sign, or seal posted or affixed by the Fire Code 6 Official. 7 24. Overcrowding Unlawful. 8 It shall be unlawful for any person to allow overcrowding or admittance of any 9 person beyond the approved capacity of a building or portion thereof, L 10 25. Obstructed Egress Unlawful. ° L 11 It shall be unlawful for any person to obstruct any aisle, passageway or other 12 means of egress, or to lock, chain, bar or otherwise block any required means of 5 13 egress. 0 14 26. Open Fires, Q 0 15 (a) General. It shall be unlawful for any person to kindle, or maintain an open a 16 fire, or for a person to allow an open fire to be kindled or maintained on their property Iq 17 except in accordance with the provisions of this Code and the San Bernardino County a r 18 Fire Department Fire Prevention Standards. K 19 (b) Permit Required. When required pursuant to this Code, a permit shall be u;J- r 20 obtained from the San Bernardino County Fire Protection District prior to kindling any 21 open fire. r a 22 EXCEPTION: Barbecues used at one- and two-famity dwellings unless 23 otherwise regulated. 24 (c) Prohibited Open Fires. It shall be unlawful to kindle, or maintain, or to 25 allow to be kindled or maintained on their property any of the following open fires 26 anywhere within the jurisdiction of the San Bernardino County Fire Protection District, 27 (1) Any open fire that is offensive or objectionable because of smoke 28 emission, ember production, or when local atmospheric conditions or circumstances CAG 28NI4M 2 49 FPacket Pg. 360 8.A.b 1 make such fires hazardous. 2 (2) Any open fire in which any waste or manufactured material, 3 including but not limited to petroleum products and petroleum wastes; construction and 4 demolition debris; coated wire; putresclble wastes; tires; tar, tarpaper; non-natural wood 5 waste; processed or treated wood and wood products; metals; rubber, synthetics; 6 plastics, including plastic film, twine and pipe; fiberglass; styrofoam; garbage; trash; 7 refuse; rubbish; disposable diapers; ashes; glass; industrial wastes; manufactured 8 products; equipment; Instruments; utensils; appliances; furniture; cloth; rags; paper or 9 paper products; cardboard; boxes; crates; excelsior; offal; swill; carcass of a dead 10 animal; manure; human or animal parts or wastes, including blood; and fecal- and food- o 11 contaminated material, hazardous materials or wastes, paints, asbestos, trees, or other Z LL ­ 12 similar combustible or flammable solid, liquid or gaseous waste are burned. 0 13 (3) Any open fire In which wire is burned to remove insulation. a 0 14 (4) Any open fire in which metals or motor vehicle bodies are burned to c 15 recover salvageable components. a 16 N (5) Any open fire using a "bum barrel' as prohibited pursuant to 17 17 CCR Section 93113(c)(2). a 18 (6) Residential burning and Open Fires within the South Coast Air X 19 Quality Management District (SCAQMD) boundaries. w _ 20 EXCEPTIONS: E 21 (A) Open Burning Projects permitted by the Fire Code Official a 22 where a fare hazard is declared by the Fire Code Official and such fire hazard cannot be 23 abated by any other means. 24 (B) Open Burning Projects within the SCAQMD boundaries 25 conducted solely for the disposal of Russian Thistle or agricultural burning and under 26 permit by the SCAQMD. 27 (C) Open Fires conducted for fire prevention or suppression 28 training, prescribed bums conducted by fire protection agencies, fireworks displays and CAG 2BW46M 50 Packet Pg. 361 8.A.b f 1 pyrotechnic special effects under permit, and bomb, explosives, fireworks or contraband 2 disposal or training by a law enforcement or fire protection agency. 3 (D) Recreational Fires conducted in accordance with this 4 Section. 5 (E) Barbecues and Barbecue Pits 6 (7) Any other open fire conducted in violation of this Code or the San 7 Bernardino County Fire Department Fire Prevention Standards. 8 (d) Special Burn Prohibitions. 9 It shall be unlawful to kindle, or maintain any open fire, or allow any open fire to 0 10 be kindled or maintained on their property under the following conditions: U- 11 (1) An Open Burning Project or Residential Bunning on any day other 12 than a Permissive Bum Day as declared by the Air Quality Management District in 13 which the burning will occur. 0 0 14 (2) An Open Buming Project, Residential Burning, Bonfire, or c 15 Barbecue Pit on a property within any Wildfire Risk Area as defined in Section 202. a 16 EXCEPTION, 17 (A) A Bonfire or Barbecue Pit may be kindled within a Wildfire a w 18 Risk Area if within an Organized Camp or other location with the specific written x LU 19 approval of the Fire Code Official and all requirements of this Section are adhered to. 20 (B) Open Burning Projects permitted by the Fire Code Official E 21 where a fire hazard is declared by the Fire Code Official and such fire hazard cannot be w a 22 abated by any other means. 23 (3) When local sustained winds exceed 10 miles per hour. 24 EXCEPTION: 25 Covered barbecues, or Recreational Fires confined to a permanent 26 fire ring and fueled solely by liquefied petroleum gas or natural gas, or Portable Outdoor 27 Fireplaces fueled solely by liquefied petroleum gas or natural gas. 28 (4) Within the boundaries of a State Responsibility Area, including CAG 28N14W2 51 Packet Pg. 362 8.A.b • 1 private property, in violation of any requirements or burn restriction imposed by the 2 Califomia Department of Forestry & Fire Protection (CalFire) or the California Office of 3 the State Fire Marshal. 4 (5) Within the boundaries of the San Bernardino National Forest, 5 including private property, in violation of any requirements or bum restriction imposed 6 by the Forest. 7 (6) Within the boundaries of the Bureau of Land Management (BLM) 8 land, including private property, in violation of any requirements or bum restriction 9 imposed by BLM. E 0 10 (7) When a Red Flag Warning or Fire Weather Watch is in effect for L 11 the location in which the fire is to be kindled. U-, 12 EXCEPTION: 0 13 Covered barbecues, or Recreational Fires confined to a permanent = o 14 fire ring and fueled solely by liquefied petroleum gas or natural gas, or Portable Outdoor c 15 Fireplaces fueled solely by liquefied petroleum gas or natural gas. a 16 N {8) When the Fire Code Official has determined that local atmospheric Vi 17 or other conditions present an increased risk of an escaping fire or other hazardous a r 18 situation. X 19 (e) Authorization, w 20 (1) A permit to kindle a fire shall only be issued to the owner of the E 21 property upon which the fire is to be kindled, a 22 EXCEPTION: When written authorization from the property owner 23 is provided, a permit may be issued to the person named in the authorization. 24 (2) Prior to applying for a permit to conduct an Open Burning Project, 25 written authorization or a permit from the Air Quality Management District (AQMD) for 26 the area in which the burning will occur must be provided, When authorized by the 27 AQMD, the San Bernardino County Fire Protection District may issue that permit. 28 (f) Extinguishment Authority. The Fire Code Official is authorized to order CAG 213N1460v2 52 Packet Pg. 363 8.A.b I or cause the extinguishment of any fire that creates or adds to a hazardous condition, 2 creates smoke emissions offensive to occupants of surrounding properties, is 3 conducted without a permit,when such a permit is required, or is conducted outside of 4 the parameters set forth in this Section or a permit, when required. This authority 5 includes ordering the extinguishment of a fire within the fireplace of a private residence 6 when such a fire meets the criteria above. 7 (g) Specific Fire Requirements, All open tires shall also meet the following 8 requirements: _ 9 (1) Open Burning Projects. All Open Burning Projects shall meet the 10 requirements of this Section and the requirements of Rule 444 of the AQMD in which 11 the Open Buming Project will occur. _ 12 (A) Permits. A permit to kindle or maintain an Open Burning 0 13 Project shall be obtained from the AQMD and the Fire Code Official prior to kindling the 0a 0 14 fire. All conditions of the permit and the AQMD's Rule 444 shall be adhered to. c 15 (B) Burn Periods. Open Burning Projects shall only be a 16 commenced and shall be completed within the periods specified in Rule 444 of the IV 17 AQMD in which the burn will occur, the periods specified in the municipal code of the a 18 city or town in which the burn will occur, or the periods specified in the San Bernardino X 19 County Fire Department Fire Prevention Standards, whichever is most restrictive. w 2C3 (C) Location. 21 (1) Open Burning Projects shall not be located less than a 22 50 feet from any structure or combustible materials. 23 EXCEPTION: When burn piles do not exceed 3 feet 24 in width or 2 feet in.height, the minimum distance from a structure or other combustible 25 materials may be reduced to 25 feet. 26 (II) Open Buming Projects may only take place at the 27 location for which the permit is issued. 28 (D) Open Burning Project Piles. CAG 213N14602 53 Packet Pg. 364 8.A.b 1 (1) Piles to be burned shall not exceed 6 feet in width or 2 4 feet in height. 3 (11) Piles to be burned shall be separated by a minimum 4 of 10 feet. 5 (111) Piles to be burned shall not be placed in a pit or 6 depression. 7 (2) Bonfires. 8 (A) Permits. A permit to kindle or maintain a bonfire shall be 9 obtained from the Fire Code Official prior to kindling the fire. All conditions of the permit 10 shall be adhered to. 11 (B) Location. A bonfire shall not be kindled or maintained within u 12 50 feet from any structure or combustible materials. 0 13 EXCEPTION: When a bonfire is confined to a barbecue pit O o 14 and is used solely to produce coals for cooking, the minimum distance from a structure c 15 or other combustible materials may be reduced to 30 feet. a N 16 (3) Recreational Fires. 17 (A) Permits. A permit to kindle a Recreational Fire shall be a 18 obtained from the Fire Code Official pursuant to this Code prior to kindling the fire. All x 19 conditions of the permit shall be adhered to. u 20 EXCEPTION: When a Recreational Fire, confined to a E 21 permanent fire ring, is fueled solely by liquefied petroleum gas or natural gas, a permit a 22 is not required. 23 (B) Location. 24 (l) A Recreational Fire shall not be kindled or maintained 25 within 25 feet of a structure or combustible materials. 26 EXCEPTION: When a Recreational Fire, confined to a 27 permanent fire ring, is fueled solely by liquefied petroleum gas or natural gas, the 28 minimum distance from a structure or other combustibles may be reduced to 15 feet. GAG 2BN146Ov2 54 FPacket Pg. 365 8.A.b 1 (11) Recreational Fires located within a Wildfire Risk Area 2 shall only be kindled within the property of an inhabited residence or a designated 3 campsite. 4 (4) Portable outdoor fireplaces. 5 (A) Permits. A permit to kindle a fire in a Portable Outdoor 6 Fireplace used within a Wildfire Risk Area shall be obtained from the Fire Code Official 7 prior to kindling the fire. All conditions of the permit shall be adhered to. 8 EXCEPTION: When a Portable Outdoor Fireplace is fueled 9 solely by liquefied petroleum gas or natural gas, a permit is not required. L 10 (B) Location. ° L 11 (1) A Portable Outdoor Fireplace used within a Wildfire ;, _ 12 Risk Area shall not be kindled or maintained within 15 feet of a structure or combustible o' U 13 materials. o _ 0 14 EXCEPTION: At one- and two-family dwellings only, a a 0 15 Portable Outdoor Fireplace may be located on a combustible patio or balcony if a 16 provisions are made to prevent to Portable Outdoor Fireplace from contacting any 17 combustible materials. a 18 (II) Portable Outdoor Fireplaces shall not be located on s x 19 any patio or balcony which is part of a multi-family dwelling such as an apartment, or `., _ 20 attached townhomes or condominiums. E 21 (C) Spark Arrestors. All Outdoor Fireplaces, portable or fixed, a 22 shall have a spark arresting screen covering all openings and constructed in 23 accordance with Section 305.5 of the California Fire Code, as amended. 24 (5) Barbecues and Barbecue Pits. A fire in a Barbecue Pit with total 25 fuel area greater than 3 feet in width or 2 feet in height shall meet the requirements of a 26 Bonfire pursuant to Section 26(g)(2). 27 (A) Permits. 28 (1) A permit to kindle a fire in a barbecue is not required. CAG 2BN1460v2 55 FPacket Pg. 366 8.A.b 1 (II) A permit to kindle a fire in a Barbecue Pit shall be 2 obtained from the Fire Code Official prior to kindling the fire. All conditions of the permit 3 shall be adhered to. 4 (B) Location. 5 (1) Barbecues shall not be operated on combustible 6 balconies or decks, or within 10 feet of combustible construction, 7 Exceptions: 8 (i) One- and two-family dwellings where 9 provisions are made to prevent the fire from spreading to any combustible materials. 10 (ii) Where buildings, balconies and decks are 11 protected by an automatic sprinkler system. 12 (iii) LP-gas cooking devices having an LP-gas S 13 container with a water capacity not greater than 2 '/2 pounds. Containers shall not be ° _ 0 14 manifolded together to increase capacity. c 15 (iv) Cooking devices heated solely using a catalytic a 16 heating element with no flame production. le 17 (II) A Barbecue Pit shall not be kindled or maintained a 18 within 20 feet of a structure or combustible materials. z X 19 (h) All Open Fires shall be constantly attended by a responsible adult, 18 w 20 years of age or older, until the fire is completely extinguished. A minimum of one r 21 portable fire extinguisher complying with Section 906 with a minimum 4-A rating or other a 22 approved on-site fire-extinguishing equipment such as dirt or sand with a shovel, water 23 barrel, hose attached to a working water source, or water truck, shall be available for 24 immediate utilization. 25 (i) Ash and Ember Disposal. Ashes and embers from any open fire, 26 barbecue or fireplace shall be placed only in a covered metal or other non-combustible 27 container after being thoroughly cooled with water. At no time shall ashes or embers be 28 deposited in the trash or on the ground, or placed on a combustible surface until it is CAG 28N146th2 56 Packet Pg. 367 8.A.b 1 confirmed that the ashes or embers are no longer hot to the touch. 2 27. Explosives, Fireworks, Pyrotechnics, Rockets and Rocket Motors 3 (a) It shall be unlawful for any person] to manufacture, store, possess, handle, 4 sell, use, launch or create a public display of any Explosive, Firework, Pyrotechnic, 5 Rocket or Rocket Motors except in accordance with the San Bernardino County Fire 6 Protection District Fire Code Chapter 56 as adopted from the California Fire Code, the 7 San Bernardino County Fire Department Fire Prevention Standards and Interpretations 8 and any provision of any code or standard adopted or incorporated by reference by this 9 Code. S o` 10 EXCEPTIONS: 11 (1) The Armed Forces of the United States, Coast Guard or National 12 Guard. o U 13 (2) Explosives in forms prescribed by the official United States r- 0 14 Pharmacopoeia. a 0 r 15 (3) The possession, storage and use of small arms ammunition when a 18 packaged in accordance with DOT packaging requirements. 17 (4) The use of explosive materials by federal, state and local a r 18 regulatory, law enforcement and fire agencies acting in their official capacities. x 19 (5) Items preempted by federal regulations. w Y 20 (b) The storage of explosives and blasting agents is prohibited in residential E r 21 areas, principal business districts, closety-built commercial areas and heavily-populated r a 22 areas, except as permitted by the San Bernardino County Sheriff's Department and the 23 San Bernardino County Fire Protection District in accordance with California Code of 24 Regulations, Title 19, and Title 4, Division 5 of the San Bernardino County Code. 25 (c) Unless otherwise permitted, the possession, storage, use, sale and 28 handling of any fireworks is prohibited within the County of San Bernardino and the 27 District. The possession, storage, sale, handling and use of specific types of approved 28 fireworks may be allowed pursuant to local laws, ordinances and regulations within GAG 20N146M 57 Packet Pg. 368 8.A.b 1 incorporated cities and towns of the County, provided such fireworks comply with 2 California Code of Regulations, Title 19, and labeled "Safe and Sane" by the California 3 State Fire Marshal. 4 (d) The Fire Code Official and his designees are authorized to seize, take, 5 remove or cause to be removed, at the expense of the owner, all stocks of fireworks, 6 including but not limited to, Division 1.4G consumer fireworks, as classified pursuant to 7 Title 49 Code of Federal Regulations, possessed, offered or exposed for sale, stored or 8 held in violation of any state or local laws and ordinances. 9 (e) The use of model and high-power rockets is prohibited within Wildfire Risk 10 Areas as defined in San Bemardino County Fire Protection District Fire Code Section o 11 202 (as amended) except as permitted by the San Bernardino County Fire Protection Z� 12 District, 0 to 13 (f) Permits shall be required as set forth in San Bernardino County Fire O o 14 Protection District Fire Code Section 105.6.14 (as amended) and regulated in c a 15 accordance with this Section. Permits shall be obtained from the San Bernardino .. N 16 County Fire Protection District and the San Bernardino County Sheriffs Department in 17 accordance with Title 4, Division 5, Chapter 2, Section 45.0201 of the San Bernardino a 18 County Code to: X 19 (1) manufacture, possess, store, sell, display or otherwise dispose of 20 explosive materials at any location; E t 21 (2) transport explosive materials; a 22 (3) use explosive materials; 23 (4) operate a terminal for handling explosive materials; or 24 (5) transport blasting caps or electric blasting caps on the same vehicle 25 with explosives. 26 (g) In addition to the requirements set forth in this chapter, the Sheriffs 27 Department or the Fire Protection District may, for the safety and security of the public, 28 set additional requirements for a permit application. The Sheriff's Department shall CAG 2BN1460v2 58 Packet Pg. 369 8.A.b 1 notify the Fire Protection District, as soon as practicable, when any application has been 2 made for an explosives permit for a specific location and purpose. 3 {h} The Fire Code Official is authorized to limit the quantity of explosives, 4 explosive materials, or fireworks permitted at a given location. No person, possessing a 5 permit for storage of explosives at any place, shall keep or store an amount greater than 6 authorized in such permit. Only the kind of explosive specified in such a permit shall be 7 kept or stored. 8 (i) Whenever a new explosive material storage or manufacturing site is 9 established, including a temporary job site, the local law enforcement agency, fire 0 10 department, and local emergency planning committee shall be notified by the person L 11 establishing the site 48 hours in advance, not including Saturdays, Sundays and " 12 holidays, of the type, quantity and location of explosive materials at the site. 0 w 13 (j) The Fire Code official is authorized to cause to be removed or disposed of 0 0 14 by trained explosives personnel, at the expense of the owner, explosives or explosive c 15 materials offered or exposed for sale, stored, possessed or used in violation of this a 16 Section. 17 (k) Notwithstanding any other provisions of Federal and State law, the a 18 manufacture, storage, handling, sale, use or public display of any quantity of explosives, X 19 explosive materials, fireworks or pyrotechnics including pyrotechnic special effects, 20 model rockets, high-power rockets and experimental rockets shall meet the E r 21 requirements of this Code and the San Bemardino County Fire Department Fire a 22 Prevention Standards as well as the following requirements, whichever are most 23 restrictive: 24 (1) Explosives: 25 (A) Califomia Health and Safety Code Division 11, Part 1 26 (B) 19 CCR, Division 1, Chapter 10, 27 (C) San Bernardino County Code Title 4, Division 5, 28 (D) NFPA 495, cAC 2aN146ov2 59 Packet Pg. 370 8.A.b 1 1 (2) Fireworks Manufacture Transportation Storage and Sales: 2 (A) California Health and Safety Code Division 11, Part 2 3 (B) 19 CCR, Division 1, Chapter 6, 4 (C) NFPA 1124. 5 (3) Fireworks Display: 6 (A) California Health and Safety Code Division 11, Part 2 7 (B) 19 CCR, Division 1, Chapter 6, Article 5, 8 (C) NFPA 1123 9 (4) Pyrotechnics: L 0 10 (A) Califomia Health and Safety Code Division 11, Part 2 U- 11 (B) 19 CCR, Division 1, Chapter 6, Article 15, 12 (C) NFPA 1126. 0 U 13 (5) Model Rockets: O 14 (A) 19 CCR, Division 1, Chapter 6, Article 17, o 15 (B) NFPA 1122. a 16 (6) Experimental Rockets/Unlimited: 17 (A) 19 CCR, Division 1, Chapter 6, Article 16, a 18 (B) NFPA 1127 x 19 (7) Experimental High-Power Rockets: w 20 (A) 19 CCR, Division 1, Chapter 6, Article 18, E 21 (B) NFPA 1127 a 22 (8) Manufacture of Rocket Motors: 23 (A) 19 CCFk, Division 1, Chapter 6, 24 (B) NFPA 1125 25 (1) Prior to conducting a public fireworks display, a permit shall be applied for 26 as specified in section 105.6.14 from the San Bemardino County Fire Protection District, 27 permit fees shall be paid, and plans for the display, inspections of the display site and 28 demonstrations of the display operations shall be approved. A plan establishing GAG 2BN1460v2 gp Packet Pg. 371 8.A.b 1 procedures to follow and actions to be taken in the event that a shell fails to ignite in, or 2 discharge from, a mortar or fails to function over the fallout area or other malfunctions 3 shall be provided to the Fire Code Official. 4 28. Prohibited Storage of Flammable and Combustible Liquids. 5 The storage of flammable and combustible liquids in outside above-ground 6 unprotected tanks and below-grade vaulted tanks is prohibited in all commercial 7 occupancy areas, developed residential areas, and other areas where the Fire Code 8 Official determines that the installation of flammable and combustible liquid above- M 9 ground storage tanks or below-grade vaulted tanks will create a hazard to occupants 0 10 and property owners in the area. Deviation from these requirements may be allowed L 11 only upon specific documented findings by the Fire Code Official. 12 29. Prohibited Bulk Storage of Liquefied Petroleum Gases, 0 o 13 The aggregate capacity of any one installation for the bulk storage of liquefied r 0 14 petroleum gases shall not exceed 2,000 water gallons in residential areas. In non- c 15 residential areas, when, in the opinion of the Fire Code Official, the location of bulk a 16 storage of liquefied petroleum gases would create a threat to the occupants and 17 property owners, the aggregate storage capacity of liquefied petroleum gas shall also a 18 be limited to 2,000 water gallons. The Fire Code Official shall be guided by the X 19 appropriate City or County Development Code when permitting the storage of liquefied r 20 petroleum gas in excess of 2,000 water gallons at any one installation. E 21 30. Prohibited Storage of Flammable Cryogenic Fluids. a 22 Pursuant to Section 5806.2 of the San Bernardino County Fire Protection District 23 Fire Code as adopted from the California Fire Code, flammable cryogenic fluids shall 24 not be stored, dispensed or used unless a written plan, submitted by a Fire Prevention 25 Engineer, licensed by the State of California, detailing engineering controls for 26 preventing fires and explosions is approved by the Fire Code Official. 27 31. Transport vehicles and trailers storing hazardous materials. 28 (a) Any transport vehicle with a trailer, such as a tank, vessel, or other CAG 2BN 146M 61 Packet Pg. 372 8.A.b 1 container, attached and used for the purposes of storing and transporting hazardous 2 materials or hazardous waste as defined by this Code, upon being at a facility or 3 property for more than 30 days, or when such trailer has been detached from its mode 4 of transportation, or when the driver of such a vehicle is not carrying active shipping 5 papers as regulated by the California Department of Transportation (DOT) enroute to 6 another destination, shall comply with the provisions of this Section. 7 (b) General. Transport vehicles and trailers that contain less than or equal to oil 8 the maximum allowable quantities as set forth in Section 5003 of the San Bernardino M 9 County Fire Protection District Fire Cade as adopted from the California Fire Code for 0 10 each specific material, shall comply with the requirements of Chapter 50 of the San U. 11 Bernardino County Fire Protection District Fire Code, as well as any other applicable Z� 12 regulations as {cart of a facility. Transport vehicles and trailers that contain more than 0 13 the maximum allowable quantities as set forth in Section 5003 for each specific material = 0 14 shall comply with the requirements of Chapter 50 of this Code, as well as any other o 15 applicable regulations relevant to a facility. The use, dispensing and handling of any a 16 hazardous materials from transport vehicle trailers shall be prohibited unless approved 17 in writing by the Fire Code Official. a 18 (c) Submittals. Transport vehicles and associated trailers shall comply with 19 the requirements of Section 5000.5.1 for Hazardous Materials Management Plan 20 (HMMP) and Section 5001.5.2 for Hazardous Materials inventory Statement (HMIS) as E 21 part of a regulated facility. These documents shall be submitted to the Office of the Fire a 22 Marshal of the San Bernardino County Fire Protection District. 23 (d) Prohibited Areas. Transport vehicles or detached trailers storing 24 hazardous materials shall not be left stationary at any time within 500 feet (152m) of a 25 residential area, apartment or hotel complex, educational facility, hospital or care facility. 26 Transport vehicles and trailers shall not be left unattended at any other place that 27 would, in the opinion of the Fire Code Official, pose an extreme life safety hazard_ 28 32. Joint emergency and fire apparatus access roads. Emergency and fire CAG 2BN1460v2 62 Packet Pg. 373 8.A.b 1 apparatus access roads passing through multiple parcels shall comply with the following 9 2 requirements; 3 (a) Each owner of real property through which a joint emergency access road 4 passes shall record an easement, running with the land, with the deed of each affected 5 property allowing joint access to and from other properties and for emergency access. 6 (b) Each owner of property upon which the easement shall pass shall provide 7 a notarized covenant agreeing to provide an emergency access road through each d 8 property and to maintain that access road in accordance with the statutes, regulations 9 and standards applicable at the time the easement was recorded for full term of 10 ownership of the property. o LL 11 (c) Each owner of property through which the easement shall pass shall 12 provide a notarized waiver with the deed releasing the San Bernardino County Fire 13 Protection District, its successors and the County of San Bernardino of any liability for c 14 any inability to provide fire suppression or emergency medical aid due to lack of access c 15 and shall further stipulate that the San Bernardino County Fire Protection District, its a 16 successors and the County of San Bernardino shall not be party to any criminal, civil or le 17 administrative action relating to the maintenance of the easement unless the action is a 18 brought forth by the Department, its successors, or the County. x 19 33. Violations—General. w 20 It shall be unlawful for any person, firm, partnership, or corporation to violate any 21 provision or fail to comply with any requirement of this San Bernardino County Fire a 22 Protection District Code, the California Fire Code, the California Residential Code, the 23 San Bernardino County Fire Department Fire Prevention Standards, or of the provisions 24 of any code adopted and incorporated by reference by this Code. 25 34. Continuing Violations. 26 Each and every day, and any portion of which, any violation of this Code, the 27 California Fire Code, the San Bernardino County Fire Department Fire Prevention 28 Standards or of the provisions of any code adopted and incorporated by reference by GAG 2BNl46D 2 63 Packet Pg. 374 8.A.b 1 this Code is committed, continued, or permitted shall be deemed a new and separate 2 offense and shall be punishable or actionable as set forth in this Code. 3 35. Acts Including Causing, Aiding and Abetting. 4 Whenever in this Code any act or omission is made unlawful, it shall include 5 causing, permitting, aiding or abetting such act or omission. 6 36. Enforcement-- Purpose and Remedies. F 7 The Board of Directors of the San Berardino County Fire Protection District has 8 determined that the enforcement of the ordinances of the San Bernardino County Fire 9 Protection District (also known as the San Bernardino County Fire Protection District 10 Code) throughout the County is an important public service and is vital to the protection 11 of the public's health, safety, and quality of life. The Board of Directors has determined 12 a need for alternative methods of code enforcement and that a comprehensive system 13 is necessary. At the discretion of the Department, violations of this Code may be c _ 0 14 addressed through the institution of a criminal action, a civil action, or an administrative 0. 0 15 action (administrative citations and penalties) as set forth in this Code. a 16 37. Enforcement Remedies and Penalties are Cumulative and Discretiona N ry� IV 17 Not Exclusive. a 18 All remedies and penalties provided for in this Code shall be cumulative and r x 19 discretionary and not exclusive of other applicable provisions of this Code or other w _ 20 applicable state law. The conviction and punishment (whether by fine, imprisonment, or E 21 both) of any person hereunder pursuant to a criminal action, or the imposition of a a 22 monetary administrative penalty pursuant to an administrative citation, shall not relieve 23 such person from the responsibility of correcting, removing, or abating the violation; nor 24 prevent the enforced correction, removal, or abatement thereof by the District, its 25 employees, agents, or representatives. The correction, removal, or abatement of a 26 violation begun after the issuance of a criminal citation or the filing of a criminal 27 complaint shall not be a defense to the infraction or misdemeanor so charged and, 28 following a conviction or plea of nolo contendere (commonly called "no contest"), shall cAG 2SN146M $4 Packet Pg. 375 8.A.b I 1 1 not be grounds for the dismissal of the action or the waiver, stay, or reduction of any 2 fine established in this Code. Further, the procedures established in this Code for the 3 use of administrative citations, and the procedures established in other titles and 4 chapters of this Code for administrative abatement and summary abatement as means 5 for addressing violations of this Code shall be in addition to criminal and civil or other 6 legal or equitable remedies established by law which may be pursued to address 7 violations of this Code. The use of this chapter shall be at the sole discretion of the 8 District. In the exercise of such discretion in selecting an appropriate code enforcement 9 remedy, the District shall not be required to institute available code enforcement L 10 remedies in any particular order, or to prefer the application of one remedy to another. 11 38. Criminal Actions. >1 12 (a) Criminal penalties for violations. 0 13 Any person violating this San Bernardino County Fire Protection District Code, _ 0 14 the California Fire Code, the California Residential Code, the San Bernardino County ' 15 Fire Department Fire Prevention Standards or of the provisions of any code adopted c 16 and incorporated by reference by this Code, unless as otherwise specified for certain V* 17 sections or for sections within a certain chapter, shall be deemed guilty of an infraction a 18 or misdemeanor as hereinafter specified. X w 19 (1) Misdemeanor violations. Upon conviction of a misdemeanor, or Lf _ 20 upon a plea of nolo contenders (commonly called "no contest"), the penalty shall be a E 21 base fine of not less than $500.00 and not more than $1,000,00, or by imprisonment in a 22 the County jail for a period of not more than six months, or by both such base fine and 23 imprisonment. Any court costs that the court may otherwise be required to impose 24 pursuant to applicable state law or local ordinance shall be imposed in addition to the 25 base fine. 26 (2) infraction violations. Notwithstanding the foregoing, a 27 misdemeanor violation may be cited, charged, and prosecuted as an infraction_ Where 28 so prosecuted, or where specified in a section or chapter of this Code that the violation cAO 2sN146od1 66 FPacket Pg. 376 8.A.b 1 of a certain section or sections shall be an infraction, then that shall be the type of 2 offense and each such violation shall be punishable, except as otherwise provided 3 herein, upon conviction or upon a plea of nolo contendere (commonly called "no 4 contest"), by a base fine not exceeding $100.00 for a first violation; (2) a base fine not 5 exceeding $500.00 for a second violation of the same Code section within one year; 6 and (3) a base fine not exceeding $1,000.00 for each additional violation of the same 7 Code section within one year of the first violation. Any court costs that the court may 8 otherwise be required to impose pursuant to applicable state law or local ordinance 9 shall be imposed in addition to the base fine (Government Code section 25132). L 10 (b) Criminal citations. ° L 11 (1) If any person is arrested by a District Investigator or any other 12 peace officer authorized to enforce this Code for a violation of any provision of this 0 13 Code, whether punishable as misdemeanor or as an infraction, and such person is not c r- 14 immediately taken before a magistrate, when authorized by and as more fully set forth a 0 15 in the Penal Code of California, the arresting officer shall prepare in duplicate a written a 16 notice to appear in Court, containing the name and address of such person, the offense 17 charged, and the time and place where and when such person shall appear in court. a 18 (2) The place specified in the notice to appear shall be the court of a X 19 magistrate before whom the person would be taken if the requirement of taking an w 20 arrested person before a magistrate were complied with, or shall be an officer E 21 authorized by such court to receive a deposit of bail. r a 22 (3) The officer shall deliver one copy of the notice to appear to the 23 arrested person, and the arrested person, in order to secure release, must give his or 24 her written promise so to appear in court by signing the duplicate notice which shall be 25 retained by the officer. Thereupon the arresting officer shall forthwith release the 26 person arrested from custody. 27 (4) The officer shall, as soon as practicable, file the duplicate notice 28 with the magistrate specified therein. Thereupon, the magistrate shall fix the amount of GAG 2BN146Qv2 66 Packet Pg. 377 8.A.b I 1 ball which in his or her judgment, in accordance with the provisions of Penal Code 2 section 1275, will be reasonable and sufficient for the appearance of the defendant and 3 shall endorse upon the notice a statement signed by him or her in the form set forth in 4 Penal Code section 815a. The defendant may, prior to the date upon which he or she 5 promised to appear in court, deposit with the magistrate the amount of bail thus set. 6 Thereafter, at the time when the case is called for arraignment before the magistrate, if 7 the defendant shall not appear, either in person or by counsel, the magistrate may 8 declare the bail forfeited, and may in his or her discretion order that no further 9 proceeding shall be had in such case. ° 10 (5) Upon the making of such order that no further proceedings be had, L LL 11 all sums deposited as bail shall forthwith be paid into the County Treasury for 12 distribution pursuant to Penal Code section 1463.601. 0 13 (6) No warrant shall issue on such charge for the arrest of a person o 14 who has given such promise to appear in court, unless and until he or she has violated c 15 such promise or has failed to deposit bail, to appear for arraignment, trial or judgment, a 16 or to comply with the terms and provisions of the judgment, as required by law. 17 (7) When a person signs a written promise to appear at the time and a 18 place specified in the written promise to appear, and has not posted bail as provided in x 19 Penal Code section 853.6, the magistrate shall issue and have delivered for execution a 20 warrant for his or her arrest within 20 days after his failure to appear as promised, or if E 21 such person promises to appear before an officer authorized to accept bail, other than a 22 the magistrate, and fails to do so on or before the date on which he or she promised to 23 appear, then, within 20 days after the delivery of such written promise to appear by the 24 officer to the magistrate having jurisdiction over the offense. 25 (8) Nothing herein contained shall be deemed or construed to require 26 any arresting officer to issue a citation instead of taking the person arrested before a 27 magistrate as otherwise provided by law. 28 39. Authority to Investigate, Detain, Issue Criminal Citations and Arrest. CAG 2sN146M 67 Packet Pg. 378 8.A.b 1 (a) District Investigators designated b the Fire Chief/Fire Warden are peace g Y P 2 officers pursuant to California Penal Code Section 830.37(a), shall have full peace 3 officer powers pursuant to that Section and shall investigate the cause, origin and 4 circumstances of any fire, explosion or other hazardous condition. Department 5 Investigators are authorized to wear and carry authorized firearms, conduct 6 investigative detentions, issue criminal citations, to make arrests pursuant to California 7 Penal Code Section 836 for any violation of this Code, the San Bernardino County l=ire 8 Department Fire Prevention Standards or any referenced or state law, obtain and 9 execute warrants and to seize and take charge of all physical evidence relating to the a 10 fire cause or other crime or circumstance being investigated. o LL 11 40. Civil Actions. c 12 (a) Injunctive relief and abatement. At the request of any person 0 13 authorized to enforce this Code, the County Counsel or District Attorney may 0 o 14 commence proceedings for the abatement, removal, correction and enjoinment of any o 15 act or omission that constitutes or will constitute a violation of this Code, the California a N 16 Fire Code, the California Residential Code, the San Bernardino County Fire Department 17 Fire Prevention Standards or of the provisions of any code adopted and incorporated by a 18 reference by this Code or any permit issued pursuant to this Code, or any condition(s) LU 19 of approval for such permit granted pursuant thereto, and an order requiring the 20 violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are r 21 involved, they shall be jointly and severally liable for the civil penalties and/or abatement a 22 costs. 23 (b) Civil Remedies and Penalties. Any person, whether acting as principal, 24 agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or 25 otherwise, who violates any provision of this Code, or any permit issued pursuant to this 26 Code, the California Fire Code, the San Bernardino County Fire Department Fire 27 Prevention Standards or any condition(s) of approval for such permit granted pursuant 28 thereto, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) CAG 2BN146Ov2 68 Packet Pg. 379 8.A.b i 1 per violation for each day or any portion thereof, that the violation continues to exist. in 2 determining the amount of civil penalty to be imposed, both as to the daily rate and the 3 subsequent total amount for any given violation, the court shall consider all relevant 4 circumstances, including, but not limited to, the extent of the harm caused by time 5 conduct constituting the violation; the nature and persistence of such conduct; the 6 length of time over which the conduct occurred or was repeated; the assets, liabilities, 7 and net worth of the violator; whether the violator is a corporate entity or an individual; 8 and any corrective action taken by the violator. 9 (c) Attorney's fees. In any civil action, administrative proceeding (excluding 10 administrative citations issued pursuant to sections 41, 42, 43 or 44), or special o 11 proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an z 12 abatement order, or other order, attorney's fees may be recovered by the prevailing 13 party and shall not exceed the amount of reasonable attorney's fees incurred by the 0 0 14 District in that action or proceeding. . 0 15 41. Administrative Citations and Penalties W General. a N 16 (a) Any violation of this Code, the California Fire Code, the California le 17 Residential Code, the San Bernardino County Fire Department Fire Prevention a 18 Standards or of the provisions of any code adopted and incorporated by reference by 19 this Code is subject to enforcement through the issuance of an administrative citation w a� 20 and penalties in accordance with Goverment Code section 53068.4 and this Section. E 21 Administrative citations may be issued for any violation of this Code not occurring in the a 22 presence of the officer issuing the citation where the issuing officer determines through 23 investigation that the responsible party committed, caused, allowed, or is otherwise 24 responsible for the violation. The following procedures shall govern the imposition, 25 enforcement, collection, administrative review, and judicial review of administrative 26 citations and penalties. 27 (b) definitions. For the purposes of this Code, certain words are defined as 28 follows CAG 2BN146M 69 FPacket Pg. 380 8.A.b 1 (1) uAbatement costs" shall mean any and all costs or expenses 2 reasonably related to the abatement or removal of conditions which violate any 3 provision of this Code or the correction of such violation, and shall include, but not be 4 limited to, enforcement, investigation, collection, administrative costs, and attorney's 5 fees. 6 (2) "Administrative costs" shall mean all costs incurred by or on behalf 7 of the District from the first discovery of the violation of this Code through the appeal 8 process and until compliance is achieved, including but not limited to, staff time in 9 Investigating the violation, inspecting the property where the violation occurred, 10 preparing investigation reports, sending notices, preparing for and attending any appeal o 11 hearing, telephone contacts, and correspondence. r 12 (3) "Administrative citation" shall mean a citation issued pursuant to 0 13 this Code, stating that one or more violations of this Code has occurred and stating the O 0 14 amount of the administrative penalty to be paid by the responsible party. c 15 (4) "Ordinances of the San Bernardino County Fire Protection District," r a N 16 and "San Bernardino County Fire Code," and "this Code" shall mean the Ordinances of 17 the San Bernardino County Fire District, including all pertinent provisions of state codes a w 18 as from time to time adopted and incorporated therein, enacted by the Board of X 19 Directors of the San Bernardino County Fine Protection District, acting pursuant to 20 authority granted under Califomia Health and Safety Code sections 13861, 13869, and U 21 13869.7; or other applicable law. a 22 (5) "County" shall mean San Bernardino County and, as it is also 23 known, the County of San Bemardino, a political subdivision of the State of California, 24 as enacted by the State Legislature by the Statutes of California passed at the Fourth 25 Session of the Legislature, Chapter LXXVI11, April 26, 18 53. 26 (6) "District" shall mean the San Bernardino County Fire Protection 27 Distract. 28 (7) "Enforcement Officer" shall mean any San Bernardino County Fire CAG 2BN14BDv2 70 Packet Pg. 381 8.A.b 1 Protection District employee, or agent of the County or District with the authority to 2 enforce any provision of this Code, pursuant to Sections 32, 34 and 35 of this Code. 3 (8) "Person" shall mean, without limitation, any government entity, 4 natural person, firm, association, club, organization, corporation, partnership, business, 5 business trust, company or other entity, which is recognized by law as the subject of 6 rights or duties. 7 (9) "Responsible party,"for the purpose of this Code shall mean: 8 (A) Each person, other than a minor, who commits or causes a 9 violation of any provision of this Code to occur, exist or continue; V 10 (B) Each person who is the parent or legal guardian of the minor o 11 person who commits or causes a violation of any provision of this Code to occur, exist, 12 or continue; 0 13 (C) Each person who has a legal or equitable ownership interest = o 14 in any parcel of real property located within the unincorporated area of the County of c 15 San Bernardino, within any political subdivision or district that contracts with the San a CM 16 Bernardino County Fire Protection District for fire protection and prevention services, or e 17 within those other cities and towns that ratify this Ordinance, and who commits, causes, a 18 or otherwise allows the violation of any provision of this Code to occur, exist, or continue X 19 on such parcel; and w 20 (D) Each person who, although not an owner, nevertheless has E 21 a legal right or legal obligation to exercise possession and control over any parcel of a 22 real property located within the unincorporated area of the County of San Bernardino, 23 within any political subdivision or district that contracts with the San Bernardino County 24 Fire Protection District for fire protection and prevention services, or within those other' 25 cities and towns that ratify this Ordinance, and who commits, causes, or otherwise 26 allows the violation of any provision of this Code to occur, exist, or continue on such 27 parcel; and 28 (E) In addition to the business entity itself, each person who is CAG 26N146M 71 I Packet Pg. 382 8.A.b I I an owner of that business entity in those cases in which the commission, occurrence, 2 existence, or continuation of the violation of any provision of this Code is most 3 reasonably attributable to that business entity and not to an employee of that business 4 entity. 5 (c) Content of Citation. The administrative citation shall be issued on a form 6 approved by the San Bernardino County Fire Protection District in consultation with 7 County Counsel. The administrative citation form may be tailored to the specific needs 8 of the issuing department as approved by the San Bernardino County Fire Protection 2 9 District; however, all administrative citations shall contain the following information: 0 10 (1) The name and mailing address of the responsible party. 11 (2) The administrative citation shall refer to the date(s) and location of 12 the violation and the approximate time(s), if applicable, that the violation was observed. 13 (3) The administrative citation shall identify each violation by the o 14 applicable section number of this Code and by either the section's title or a brief c 15 descriptive caption; or by reference to the applicable permit describing the condition a 16 violated. 17 (4) The administrative citation shall describe the action(s) required to a r 18 correct the violations. X Lu 19 (5) The administrative citation shall require the responsible party to C 20 immediately correct the violation where appropriate or otherwise indicate a compliance s 21 deadline date and shall explain the consequences of failure to correct the violation. a 22 (6) The administrative citation shall state the amount of the penalty 23 imposed for the violation. Multiple violations may be listed on the same citation form. In 24 the event of multiple violations, the administrative citation shall list the penally amount 25 for each violation and the total amount of all of the penalties. 26 (7) The administrative citation shall contain a notation box for the 27 Enforcement Officer to indicate whether or not the citation is issued as a "warning only" 28 and without penalty. The administrative citation shall also include a notation box that GAG 2BN146M 72 Packet Pg. 383 8.A.b 1 may be used by the Enforcement Officer to indicate that the penalty will be waived if the 2 violation is corrected by the compliance deadline date indicated on the citation form. 3 (8) The administrative citation shall explain how the penalty shall be 4 paid and the time period by which it shall be paid, and the consequences of failure to 5 pay the penalty within this time period. 8 (9) The administrative citation shall identify all appeal rights and 7 include instructions on how to appeal the citation. 8 (10) The administrative citation shall contain the printed name and the 9 signature of the Enforcement Officer issuing the citation and, where reasonably possible 10 to obtain it, the signature of the responsible party (or managing employee if the 11 responsible party is a business entity), if he or she can be located, as set forth in 12 subsection (d) below. 0 13 (d) Service of Citation. _ 0 14 (1) If the responsible party is present at the scene of the violation, the o 15 Enforcement Officer shall attempt to obtain his/her signature on the administrative a N 16 citation and shall deliver a copy of the administrative citation to himther. 17 (2) If the responsible party is a business, and the business owner is on a 18 the premises, the Enforcement Officer shall attempt to deliver the administrative citation 19 to the business owner. If the Enforcement Officer is unable to serve the business owner a� 20 on the premises and the Enforcement Officer can only locate the manager or on-site = 21 supervisor, the administrative citation may be issued in the name of the business and a a 22 copy given to the manager or on-site supervisor. A copy of the administrative citation 23 shall also be mailed to the business owner by certified mail, return receipt requested, 24 and by first class mail. If a copy of the administrative citation that is sent by certified mail 25 is returned by the United States Postal Service unsigned or marked "unclaimed" and/or 26 "refused", then service by first class mail shall be deemed effective provided it is also 27 not returned by the United States Postal Service. 28 (3) If a responsible party cannot be located at the property, then a copy GAG 2BN146Dv1 73 FPacket Pg. 384 8.A.b 1 of the administrative citation shall be posted in a conspicuous place on or near that 2 property, if practicable, and a copy mailed by certified mail, return receipt requested, 3 and by first class mail, to all responsible parties at their last known addresses.as they 4 appear on the last County equalized assessment role, or any other available public 5 records related to title or ownership of the property that is the subject of the 6 administrative citation. If the copy of the administrative citation sent by certified mail to a 7 responsible party is returned by the United States Postal Service with the mail receipt 8 unsigned, or marked "unclaimed" and/or "refused," then service by first class mail shall R 9 be deemed effective provided it is also not returned by the United States Postal Service. a L O 10 (4) The failure of any responsible party to receive a copy of the L LL 11 administrative citation shall not affect the validity of the proceedings. 12 (e) Administrative Penalties - General. 0 13 (1) Pursuant to California Government Code sections 53069.4 and ° o 14 25132(c) and unless otherwise provided in this Code, the amount of penalty to be o 15 imposed for a violation of this Code and assessed by means of an administrative a cm 16 citation shall be one hundred dollars ($100.00)for the first occurrence of a violation; five 17 hundred dollars ($500.00) for the second occurrence of the same violation; and one a r 18 thousand dollars ($1,000.00)for the third and each subsequent occurrence of the same w 19 violation. Notwithstanding this paragraph, the amount of penalty to be assessed by a� 20 means of an administrative citation may be established by resolution of the Board of r 21 Directors of the San Bernardino County Fire Protection District, r a 22 (2) Administrative Penalties— Multiple Violations, 23 Notwithstanding the tables of administrative penalties for violations 24 relating to Dangerous Fireworks, Safe and Sane Fireworks, False and Negligent Alarms 25 and those violations defined as egregious violations, when multiple violations of this 26 Code, the California Fire Code, the California Residential Code and the San Bernardino 27 County Fire Department Fire Prevention Standards or any provision of a code or 28 standards adopted or incorporated by reference by this Code occur concurrently and • GAG 26N14$0v2 74 Packet Pg. 385 8.A.b 1 are addressed through the Administrative Citation process pursuant to this section, the = 2 Fire Code Official may, at his discretion, assess administrative penalties in the following 3 manner. 4 (A) The administrative penalty for the first and second violation 5 occurring concurrently shall be the full penalty as defined by Section 41(ex1.). 6 (B) The administrative penalties for the third and subsequent 7 violations occurring concurrently may be reduced to twenty-five ($25.00) dollars per 8 violation. 9 (C) This alternative penalty system shall only apply to the first L 10 occurrence within a 1-year period. 11 (3) If the violation is not corrected within the time limits established in w 12 this section, then additional administrative citations may be issued for the same 0 13 violation. The amount of the penalty shall increase at the rate specified above. 0 0 14 (A) Payment of the penalty shall not excuse the failure to correct c 15 the violation nor shall it bar further enforcement action by the San Bernardino County a 16 Fire Protection District or any other enforcement agency authorized to issue 17 administrative citations. a 18 (B) The penalties assessed shall be payable to the District (or to r X 19 the District's designated collection/processing agent), or to any enforcement agency c 20 authorized to issue administrative citations (or to such agency's designated E 21 collection/processing agent) within 30 calendar days from the date the administrative a 22 citation is issued. 23 (C) Except as provided below, any person who fails to pay to the 24 District (or the District's designated collectiontprocessing agent), or to any enforcement 25 agency authorized to issue administrative citations (or such agency's designated 26 collection/processing agent) any penalty imposed pursuant to the provisions of this 27 Code on or before the date that the penalty is due shall also be liable for the payment of 28 any applicable late payment charges as established by the Board of Directors. GAG 28N1460v2 75 FPacket Pg. 386 8.A.b 1 (D) The District may collect any past due administrative citation 2 penalty or late payment charge by use of any available means, including without 3 limitation, the recording of a notice of lien, describing the real property affected and the 4 amount of the costs and administrative citation penalties claimed by the District with the 5 Office of the County Recorder. The District may transmit notice of the award of 6 abatement costs and administrative citation penalties, or notice of the judgment thereon 7 arising from a collection or other legal action, to the Treasurer/Tax Collector who shall 8 place the amount thereof on the assessment role as a special assessment to be paid 9 with County taxes, unless sooner paid. The District may also recover its collection costs. 10 A judgment or award of such costs, penalties or damages may also be enforced in any 11 other manner provided by law, 12 (E) The District may also recover its administrative costs 0 13 incurred in defending the citation at the appeal hearing. 0 14 (F) All administrative citation penalties collected pursuant to 0 15 these provisions shall be deposited into specific funds maintained by or on behalf of the a 16 District exclusively for the purpose of funding the enforcement of this Code. IqT IRT 17 42. Administrative Citations and Penalties — Dangerous Fireworks, and a 18 Unlawful Use of Safe & Sane Fireworks, X 19 (a) This section governs, and applies only to, the imposition and enforcement w 20 of administrative penalties related to the storage, possession, handling, sate, use, E 21 transportation, or public display of those fireworks classified as "Dangerous Fireworks," a 22 and the unlawful use of Safe and Sane Fireworks. 23 (b) For the purposes of this section, the term "Dangerous Fireworks" shall be 24 defined pursuant to California Health and Safety Code Section 12500, et seq. and shall 25 also include "Safe and Sane" fireworks as defined in California Health and Safety Code 26 Section 12529, which have been modified to act in the same manner as Dangerous 27 Fireworks. 28 (c) The penalties enumerated in this section shall not apply to Law CAG 26N1460v2 78 Packet Pg. 387 8.A.b 1 Enforcement or Department personnel acting within the scope of their official duties or 2 to a pyrotechnic licensee when operating pursuant to that license. 3 (d) The imposition of administrative penalties related to "dangerous fireworks" 4 under this section shall be limited to persons who store, possess, handle, sell, use, 5 transport, or publicly display 25 pounds or less (gross weight including packaging) of S such dangerous fireworks. Any persons who store, possess, handle, sell, use, 7 transport, or publicly display over 25 pounds (gross weight including packaging) of such 8 dangerous fireworks may be subject to criminal action. 9 (e) Administrative penalties collected pursuant to this section related to L 10 "dangerous fireworks" shall not be subject to California Health and Safety Code Section U- 11 1274+6, which section provides that certain fines collected by a court of the state be _ 12 deposited with, and disbursed by, the County Treasurer. However, the District shall U 13 provide cost reimbursement to the State Fire Marshal pursuant to regulations to be O= o 14 adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the o 15 transportation and disposal of "dangerous fireworks" seized by the District, which costs a cm 16 will be part of any administrative penalty imposed. Unless and until said regulations IT 17 have been adopted by the state of California, the District shall hold in trust two hundred a 18 frfty dollars ($250) of any penalty collected to cover the cost reimbursement to the State r x 19 Fire Marshal for said cost of transportation and disposal of the "dangerous fireworks." 20 (17 Not withstanding the penalties defined In this section, administrative E 21 citations issued pursuant to this section shall comply with all the requirements of a 22 Section 41 of this Code. 23 (g) Each person who violates any provision of this Code relating to the 24 storage, possession, handling, sale, use, transportation, or public display of Dangerous 25 Fireworks shall be subject to the imposition and payment of an increased administrative 26 penalty as provided, below. 27 28 Administrative Penalties for Dangerous Fireworks Number of Amount of Late Total Amount of CAG 2BN1460v2 77 FP Pg. 388 8.A.b Occurrences Administrative ChaEge Penalty In a 1-Year Period Penal Plus L ha e 2 First $1,250.00 $125.00 $1,375.00 3 Second $2,250.00 $225.00 $2,478.00 4 Three or More $3,250.00 $325.00 $3,575.00 person who violates an �h) Each p y provision of this Code relating to the 6 unlawful storage, possession, handling, sale, use, transportation, or public display of 7 unmodified Safe and Sane fireworks shall be subject to the imposition and payment of d an increased administrative penalty as provided in the table below: 9 c L 0 10 Administrative Penalties for Safe and Sane Fireworks m Plumber of Amount of Total Amount of ii 11 Occurrences Administrative Late Penalty in g 1-Year Period Endl Char a Pigs Lae Cha e c 12 f=irst $150.00 $15.00 $165.00 0 3 Second $250.00 $25.00 $275.00 c 0 14 Three or More $350.00 $35.00 $385.00 0 .o (i) The issuance of an administrative citation pursuant to this section shall not a 16 M preclude the Fire Code Official or any other person authorized to issue an administrative 17 citation pursuant to this section from seizing any Dangerous Fireworks or unlawfully a 18 L used Safe and Sane fireworks pursuant to this Code and California Health and Safety x 19 w Code Section 12721. r- 20 43. Administrative Penalties— Egregious Violations. 21 (a) Any person who violates Section 21 relating to Stop Work Orders, Section a 22 23 relating to tampering with notices, Section 24 relating to overcrowding, Section 25 23 relating to obstructed egress, Section 2$ relating to unlawful open fires, and Section 27 24 relating o explosives and g pyrotechnics or any other violation of this Code, the California 25 Fire Code, the San Bernardino County Fire Department Fire Prevention Standards or of 26 the provisions of any code adopted or incorporated by reference by this Code that is 27 reasonably determined by the Fire Code Official to present an immediate or potentially 28 immediate threat to public safety, shall be subject to the imposition and payment of an CAG 2BN1460v2 78 Packet Pg. 389 8.A.b 1 increased administrative penalty as provided in the table below: 2 3 Administrative Penalties for Egregious Violations Number of Amount of Total Amount of 4 Occurrences Administrative Late penalty In a 1-Year Period Penal QLrige Plull Late Char 29 5 First $250.00 $23.00 $275.00 6 Second $750.00 $75.00 $825.00 7 Three or More $1,290.00 $125.00 $1,375.00 8 (b) For the purposes of this section, each instance of a violation may be 9 considered a separate violation subject to a separate penalty. However, multiple a 10 violations cited during a single occurrence or inspection shall not each be considered a 11 separate occurrence incurring a higher penalty amount. EXAMPLE: During an r 12 inspection two required exit doors are found to be chained and the dance hall is 13 overcrowded. An administration citation may be issued for three (3) counts of egregious o 14 violations at $250.00 each. An administrative citation for three (3) counts at $750.00 c 15 each shall not be issued. a N 16 44. Administrative Remedies and Penalties d False and Negligent Fire Alarm 17 Program. a 18 (a) Any person who violates the San Bemardino County Fire Department Fire x 19 Prevention Standards pertaining to the False and Nuisance Fire Alarm Program may be 20 subject to the following remedies: E 21 (1) An administrative penalty may be imposed against the owner of a a 22 premises on or in which a Fire Alarm System is installed or permitted for the following 23 reasons: 24 (A) Upon the fourth or additional False or Nuisance Fire Alarm at 25 a single premises. 26 (B) If the owner fails to return a satisfactory Report of 27 Service/Repair within fifteen (15) days after receiving the Fire Alarm Activation Report 28 due to a Nuisance Fire Alarm. CAG 2BN146Ov2 79 Packet Pg. 390 8.A.b 1 (C) If the person identified in the Registration as a responder 2 and requested pursuant to the False and Nuisance Fire Alarms Program Standard fails 3 to appear within one(1) hour after being notified to respond. 4 (2) An administrative penalty may be imposed against the Fire Alarm 5 Business installing, repairing or providing monitoring or runner service for a Fire Alarm 6 System for the following reasons: 7 (A) If the Fire Code Official determines that the fourth or a� 8 additional False or Nuisance Fire Alarm was directly caused by an onsite employee or cc 9 representative of the Fire Alarm Business. In this event, no False Fire Alarm shall be 10 counted against the Owner. o 11 (B) If the Fire Code Official determines that the person identified LL _ 12 in the Registration as a responder and requested pursuant to the False and Nuisance ° v 13 Fire Alarms Program Standard is a runner provided for by the Fire Alarm Business and 0 14 that person fails to appear within one (1) hour after being notified to respond. In this c a 15 event, no False Fire Alarm shall be counted against the Owner. a 16 (3) In lieu of or in addition to the Administrative Penalties listed above, ve) 17 the Fire Code Official is authorized to order the owner of a premises to: a 18 (A) Silence an activated Fire Alarm System, have corrective x 19 action taken and thereafter reset it. u 20 (B) Disconnect or deactivate the Fire Alarm System until s 21 corrective actions can be taken. a 22 (C) Institute a Fire Watch due to repetitive Nuisance or False 23 Fire Alarms or in the event a Fire Alarm System is silenced disconnected or 24 deactivated, until corrective action is taken. 25 (4)- The Owner is responsible for paying all costs associated with 26 establishing a Fire Watch. 27 (5) The provisions of this section shall not apply to any newly installed 28 Fire Alarm System for a period of forty-five days (45)from the date of installation. ® CAG 28N14MY2 gp Packet Pg. 391 8.A.b 1 (6) Notwithstanding the provisions of Section 41 as adopted from the 2 California fire Code, no administrative citation shall be imposed for the first three (3) 3 False or Nuisance Fire Alarms at the same premises during each calendar year, 4 thereafter any further False or Nuisance Fire Alarms may result in the imposition of an 5 administrative penalty pursuant to this Section against the owner or the Fire Alarm 6 Business. 7 (7) The activation of a Fire Alarm System shall not result in the 8 imposition of an administrative penalty if the alarm is activated due to malicious causes M 9 beyond the control of the owner unless the Fire Code Official has given written notice to 10 the owner to provide reasonable safeguards against additional False Fire Alarms and o 11 the owner has failed to comply with that notice. . c 12 (8) Administrative Penalties. c U 13 (A) Any person who violates any provision of this section shall 0 0 14 be subject to the imposition and payment of an administrative penalty as provided in the c 15 table below: a 16 M a 17 Administrative Penaltles for False or Nuisance Fire Alarms Number of Amount of Total Amount of Q 18 Occurrences Administrative Late Penalty In g 1-Year Period Penalty Charge Plug Charge w 19 Four to Five' $100.00 $10.00 $110.00 c 20 six to seven $200.00 $20.00 $220.00 E r 21 Eight or More $500.00 $50.00 $550.00 M 22 1, This penalty shall also apply to any oewrmnce of Sections 44(ax1 XB),44(aX!XC),and 44(a)(2XB). Q 23 45. Appeal of Administrative Citations 24 (a) Notice of Appeal. Any person in whose name an administrative citation 25 has been issued may appeal the administrative citation by filing a written notice of 26 appeal with the District. If the District has designated a processing agent, then the 27 responsible party shall file his/her written notice of appeal with the designated 28 processing agent. The written notice of appeal must be fled within 20 calendar days of GAG 213N1460v2 81 Packet Pg. 392 8.A.b 1 the date the administrative citation was served in a manner set forth in subsection (d) of 2 this Section. The written notice of appeal shall be filed together with an advance 3 deposit, consisting of a cashier's check, for the full amount of the penalty stated on the 4 administrative citation; unless the District has issued an advance deposit hardship 5 waiver. Failure to file a written notice of appeal within this time period shall constitute a B waiver of the right to appeal the administrative citation. 7 (b) Advance Deposit Hardship Waiver. Any person intending to appeal an 8 administrative citation and who is financially unable to make the advance deposit as 9 required by this section may Me a written request for an advance deposit hardship a 10 waiver with the District. A District-approved form shall be made for this purpose, The 11 written request shall be filed with the District within 10 calendar days of the date the r 12 administrative citation was served. 00 U 13 (c) Advance Deposit Hardship Waiver Evaluation Procedures. The 0 0 14 advance deposit requirement shall be stayed pending a determination by the Fire o 15 Chief/Fire Warden, or the Fire Chief/Fire Warden's designee, that a waiver shall not be a 16 issued. The Fire Chief/Fire Warden, or the Fire Chief/Fire Warden's designee, may le 17 waive the advance deposit requirement and issue a waiver only if the person requesting a 18 the waiver submits to the Fire Chief/Fire Warden's attention a sworn affidavit, together X 19 with any supporting documents or materials, reasonably demonstrating to the Fire 20 Chief/Fire Warden the person's actual financial ability to submit the deposit in advance E 21 of the appeal hearing. The filing of a written request for an advance deposit hardship a 22 waiver shall not extend the time limits for appealing an administrative citation. The Fire 23 Chief/Fire Warden, or the Fire Chief/Fire Warden's designee, shall issue a written 24 decision explaining the reason(s) for not issuing the waiver. The written decision of the 25 Fire Chief/Fire Warden, or the Fire Chief/Fire Warden's designee, shall be final. In the 26 event a waiver is not issued, the person intending to appeal must remit the advance 27 deposit with a written notice of appeal as herein provided. 28 (d) Contents of Notice of Appeal. The notice of appeal shall be submitted GAG 2BN1460v2 82 FPacket Pg. 393 8.A.b E 1 on District-approved forms and shall contain the following information: 2 (1) A brief statement setting forth the appealing person's (hereinafter 3 "appellant") interest in the proceedings; 4 (2) A brief statement of the material facts which the appellant claims 5 supports his/her contention that they did not commit, cause, or otherwise allow a 6 violation of one or more provisions of this Code to occur, exist, or continue as alleged in 7 the administrative citation at issue, or he/she is not a responsible party as defined at 8 section 41(b)(9)of this Code. 9 (3) A mailing address at which the appellant agrees that notice of any 10 additional proceeding, or an order relating to the imposition of an administrative citation 11 penalty, shall be received and accepted by the appellant by First Class Mail. _ 12 (4) The notice of appeal must be signed and dated by the appellant. 13 (e) Administrative Hearing. The resolution of an appeal of an administrative 0 14 citation issued under the authority of this Code shall be by an administrative hearing c 15 conducted according to the procedures set forth in this section. Upon the District's a 16 designated processing agent's receipt of a timely, written notice of appeal from the 17 appellant, an administrative hearing shall be held as follows: a 18 (1) Dearing Date. The date of the hearing shall be set for a date that X 19 is no later than 60 days from the date the notice of appeal is received by the District's w _ 20 processing agent. E 21 (2) Notice of Hearing. Notice of the administrative hearing shall be a 22 given to the appellant at least 10 calendar days prior to the hearing. The notice may be 23 delivered to the appellant or mailed by first class mail to the address listed in the notice 24 of appeal. Neither personal service nor service by certified mail shall be required. 25 (3) Hearing Officer. The administrative hearing shall be held before 26 the Fire Chief/Fire Warden, or the Fire Chief/Fire Warden's designee. The Hearing 27 Officer shall not be the Enforcement Officer who issued the administrative citation or 28 his/her immediate supervisor. The Fire Chief/Fire Warden, through the District's CAG 2BN146Ov2 83 Packet Pg. 394 8.A.b 1 contracting process, may contract with a qualified provider for administrative processing 2 and collection services to provide hearing officers to conduct administrative hearings 3 and process administrative citations, including the collection of payment of 4 administrative citation penalties. 5 (4) Conduct of the Hearing. 6 (A) The Hearing Officer shall not be limited by the technical or 7 formal rules of evidence. The District shall bear the burden of proof at the 8 administrative hearing to establish the existence of a violation of this Code by a 9 preponderance of the evidence. The Hearing Officer shall have the discretion to L 10 exclude evidence if its probative value is substantially outweighed by the probability that o 11 its admission will cause an undue consumption of time. The Enforcement Officer r 12 establishing or confirming the occurrence or existence of a violation of this Code shall 13 be deemed the complaining or reporting party. Personal or other identifying information 0 0 14 regarding any other reporting party shall be deemed both irrelevant and subject to the o 15 federal and state constitutional rights of privacy; and, therefore, shall not be subject to a 16 review or disclosure. 17 (B) If the appellant fails to appear at the administrative hearing, a r 18 the Hearing Officer shall make his/her determination based on the information contained 22 X 19 in the Enforcement Officer's case file and the appellant's notice of appeal. w 24 (C) Provided that proper notice of the administrative hearing has c U 21 been served as required by this or other applicable chapters of this Code, an appellant a 22 who fails to appear at the administrative hearing shall be deemed to have waived each 23 of the following: the right to such hearing, the adjudication of issues presented at the 24 hearing, and any and all rights afforded to the appellant under this Code. The appellant 25 shall also be deemed to have failed to exhaust his/her administrative remedies. 26 (D) The only evidence that shall be permitted at the 27 administrative hearing and considered by the administrative Hearing Officer in reaching 28 a decision, is that evidence which is relevant to the proof or disproof of: CAG 2BN14WY2 84 Packet Pg. 395 8.A.b 1 (1) Ownership of the subject property, when applicable; 2 (11) Whether a person noticed by the District as a 3 responsible party is, in fact, a responsible party; 4 (Ill) Whether a violation of this Code occurred and/or 5 continues to occur on the date or dates specified in the administrative citation; 6 (IV) Whether the responsible party has committed, 7 caused, maintained, or permitted a violation of this Code on the date or dates specified S on the administrative citation. R 9 (f) Hearing Officer's Decision. 10 (1) After considering all the testimony and evidence submitted at the LL 11 hearing, the Hearing Officer shall promptly issue a written decision ("Administrative 12 Citation Appeal Ruling") to uphold or cancel the administrative citation and shall list in 0 13 the decision the reasons for that decision. 0 _ 14 (2) If the Hearing Officer determines that the administrative citation 0. 0 15 should be upheld, then the amount of the penalties set forth in the citation shall not be a 16 reduced or waived for any reason. This subsection shall not apply to "warning only" Iq v 17 administrative citations or to any administrative citation that indicates on its face that the a 18 penalty will be waived if the violation is corrected by the deadline compliance date and x 19 the violation is so corrected_ w 20 (3) If the administrative citation has been upheld, the Hearing Officer 21 may allow payment of the administrative penalty in installments, if an advance deposit a 22 hardship waiver has been issued to the appellant. 23 (4) If the Hearing Officer overturns the administrative citation, then no 24 penalty shall be assessed and any penalty otherwise deposited with the District or its 25 designated processing/collection agent, shall be promptly refunded to the appellant_ 26 (5) The appellant shall be served with a copy of the Hearing Officer's 27 written decision either at the conclusion of the hearing or sent by First Class Mail within 28 a reasonable time. The Hearing Officer's written decision shall become final on the date CAG 2BN1464ti2 85 Packet Pg. 396 8.A.b 1 of the hearing unless mailed; otherwise it shall become final on the date of mailing. 2 (6) The Hearing Officer's written decision shall contain instructions for 3 obtaining judicial review of the decision pursuant to Califomia Government Code section 4 53069.4, as that section may be from time to time amended, or the successor provision 5 thereto. 6 (7) If the administrative citation is upheld, the Hearing Officer shall also 7 award the District its enforcement costs and its costs in defense of the citation (including 8 the actual time spent conducting the hearing). An itemized summary of these costs shall 4, 9 be presented to the Hearing Officer by the District within 10 days following the Hearing L 10 and mailed to appellant by 1 st Class Mail to the address listed on the Notice of Appeal. o 11 (g) Judicial Review of Administrative Hearing Officer's Decision. LL 12 (1) Notice of Appeal. Within 20 calendar days of the date of the 3 13 delivery or mailing of the Hearing Officer's decision to the appellant, the appellant ° c 14 (hereafter "contestant") may contest that decision by filing an appeal to be heard by the c 15 Superior Court, and paying to the court clerk the filing fee set forth at Government Code a N 16 section 53069.4, or the successor provision thereto. The failure to file the written appeal 17 and to pay the filing fee within this period shall constitute a waiver of the right to an a 18 appeal and the decision shall be deemed confirmed. The contestant shall serve a copy 19 of the notice of appeal in person or by first class mail upon the District. w r 24 (2) Conduct of the Superior Court Appeal Hearing. The conduct of r 21 the appeal before the Superior Court is a subordinate judicial duty and may be 42 a 22 performed by traffic trial commissioners and other subordinate judicial officers at the 23 direction of the presiding judge of the Superior Court. The appeal shall be heard de 24 novo, except that the contents of the District's file in the case shall be received in 25 evidence. A copy of the document or instrument of the District providing notice of the 26 violation and imposition of the administrative penalty (i.e., the administrative citation) 27 shall be admitted into evidence as prima facie evidence of the facts stated therein. The 28 court shall request that the District's file in the case be forwarded to the court, to be CAG 28N1 460v2 86 Packet Pg. 397 8.A.b 1 received within 15 calendar days of the request. 2 (3) Judgment. The court shall retain the filing fee regardless of the 3 outcome of the appeal. If the court finds in favor of the contestant, the amount of the fee 4 shall be reimbursed to the contestant by the District. Any deposit of the administrative 5 penalty shall be refunded by the issuing department in accordance with the judgment of 6 the court. If the administrative penalty has not been deposited and the decision of the 7 court is against the contestant and in favor of the District, the District may proceed to S collect the penalty pursuant to the procedures set forth In this Code, or in any other 9 manner provided by law. L 10 46. Recording of a Notice of Pendency ° L 11 (a) Whenever the District institutes a judicial action or proceeding to enforce r 12 this Code, a Notice of Pendency of the action or proceeding may be filed with the 3 13 County Recorder's Office. The notice may be filed at the time of the commencement of o 14 the action or proceeding, and upon recordation of the notice as provided in this section, Q o 16 shall have the same effect as a notice recorded in compliance with section 409 of the a 16 California Code of Civil Procedure. M 17 (b) The County Recorder shall record and index the Notice of Pendency of a 16 action or proceeding in the Grantor/Grantee Index. X 19 (c) Any Notice of Pendency of action or proceeding filed in compliance with u i = 20 this section may, upon motion of a party to the action or proceeding, be vacated upon E 21 an appropriate showing of need therefore by an order of a judge of the court in which a 22 the action or proceeding is pending. 23 (d) A certified copy of the "Order to Vacate Notice of Pendency" may be 24 recorded with the County Recorder's Office, and upon the recordation, the Notice of 25 Pendency of the action or proceeding shall not constitute constructive notice of any of 26 the matters contained therein nor create any duty of inquiry in any person thereafter 27 dealing with the property described therein. 28 (e) An "Order to Vacate Notice of Pendency' shall not be appealable, but the cac 29N1460v2 87 Packet Pg. 398 8.A.b I party aggrieved by the order may, within 20 days after service of written notice of the 2 order, or within additional time not exceeding 20 days as the court may, within the 3 original 20 days allow, but in no event later than 60 days after entry of the order, petition 4 the proper reviewing court to review the order by Writ of Mandate. 5 (f) No "Order to Vacate Notice of Pendency" shall be effective, nor shall it be 6 recorded with the County Recorders Office, until the time within which a petition for the 7 filing of a Writ of Mandate has expired in compliance with this section. 8 47. Filing Notice of Action. c 9 Whenever an enforcement action is initiated and prior to filing a Notice of L 10 Pendency, the District may, pursuant to Government Code section 27280, file with the L 11 County Recorder's Office a Notice of Action identifying the enforcement action taken for 12 violation of this Code or other applicable law. 'o U 13 48. Public Nuisance Abatement for l=ire Hazards. 0 _ 14 Any violation of this Code, the California Fire Code, the San Bernardino County a 0 0 15 Fire Department Fire Prevention Standards or of the provisions of any code adopted a 16 and incorporated by reference by this Code may be deemed a fire hazard by the Fire Iq 17 Code Official and acted upon pursuant to the public nuisance abatement provisions of a 18 Chapter 5 of Division 3 of Title 2 of the San Bernardino County Code beginning with X 19 Section 23.0503. w _ 20 49. Board of Appeals—Code Application and Interpretations. E 21 (a) In order to hear and decide appeals of orders, decisions or determinations a 22 made by the Fire Code Official relative to the application and interpretation of this Code 23 (except for administrative citations issued pursuant to Sections 41, 42, 43, and 44), 24 there shall be two appeals boards, namely the Planning Commission and the Building 25 and Safety Board of Appeal. 26 (b) Limitations on Authority. An application for appeal shall be based on a 27 claim that the intent of this Code or the rules, standards and interpretations adopted 28 hereunder have been incorrectly interpreted, the provisions of this Code do not fully CAC 213N14604 88 FPacket Pg. 399 8.A.b ® 1 apply, or an equivalent method of protection or safety is proposed. The board shalt 2 have no authority to waive requirements of this Code. 3 (c) Qualifications. The board of appeals shall consist of members who are 4 qualified by experience and training to pass judgment on matters pertaining to hazards 5 of fire, explosion, hazardous conditions or fire protection systems and are not 6 employees of the Fire Code Official. 7 (d) Appeals Hearings. Appeals concerning standards of building 8 construction, electrical work, and all fire protection and detection systems shall be heard _ 9 by the Building and Safety Board of Appeal. All other appeals shall be heard by the 2 L 10 Planning Commission. Hearings shall be in accordance with this section. ° L 11 (e) Request for Hearing. Any person may appeal the Department's r 12 interpretation regarding the provisions of the San Bernardino County Fire Protection 0 U 13 District Fire Code within 15 days after the date such interpretation is rendered, or after o r- 14 enforcement begins. Unless an imminent hazard to life or property exists, enforcement Q 0 15 involving an appealed interpretation may be suspended until a decision regarding the a 16 appeal has been reached. 17 (f) Hearing Procedures. Within 30 days of the acceptance of an application a 18 for an appeal, the County or City having jurisdiction shall set the matter for hearing and x 19 shall give notice to the appellant, the applicant and to any other party who has w _ 29 requested in writing to be so notified. During the hearing, witnesses may be sworn in 0 21 and examined and evidence produced, and parties may be represented by counsel. a 22 The appropriate appeals board shall keep a record of the proceedings of each hearing 23 and shall issue written findings and a decision within 15 days of the conclusion of the 24 hearing. A written copy of the decision shall be mailed to the parties by first class mail, 25 at such addresses as they have provided. 26 (g) Fees and Costs. The Department shalt act as staff to the Appeals Board, 27 and for that purpose may determine and set fees to charge an appellant to cover the 28 cost of preparation of the record for appeal. A summary of costs shall be compiled and CAG M146M 89 FPacket Pg. 400 8.A.b 1 sent to the appellant after all the appeals proceedings have been completed. Any 2 refund due the appellant shall be returned within 60 days after the summary is sent. 3 50. Cost Recovery. 4 Pursuant to California Health & Safety Code sections 11374.5(bx1), 13009 et 5 seq., 13916(a), 25259.4, 25514, 25515(a), 25540(a), 25541(a), California Government 6 Code sections 53150, 53151, 53152, 53159(a) & (b), California Vehicle Code section 7 ! 23112.7, and all other provisions of law, all costs incurred by the San Bernardino 8 County Fire Protection District for the inspection and enforcement of any provision of 9 this Code, the investigation of any fire, explosion or other hazardous condition, the 10 suppression of fire, the response to a traffic collision or accident, the containment and/or 11 mitigation of a hazardous materials release, and any rescue or rendering of medical or r 12 physical aid or assistance, may be charged to any responsible party, any person who 13 violates this Code or any person who, due to a negligent or unlawful act or omission, is 0 14 responsible for or requires or causes the emergency response of this Department c. 0 15 pursuant to a schedule of fees adopted by the District. Any.expense incurred by this a 16 District for such an emergency response shall constitute a debt of such person and shall It 17 be collectible by the District in the same manner as in the case of an obligation under a 18 contract, express or implied. X 19 51. Treble Damages. w 20 Upon a second or subsequent civil or criminal judgment for a violation of this E 21 Code within a two-year period the violator shall be liable to the District for treble the a 22 abatement costs. 23 SECTION 2. This ordinance shall take effect 30 days from the date of adoption. 24 25 JANI E RUTHERFORD, Chair 26 Boa of Directors 27 28 CAG 2BN146M 90 Packet Pg.401 8.A.b 1 SIGNED AND CERTIFIED THAT A COPY 2 OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CH IR OF THE BOARD OF mIRECTORS 3 4 -f 5 LAURA H.WELCH, Seci;,011ary to the Board of Directors 6 STATE OF CALIFORNIA ) 7 ) ss. $ COUNTY OF SAN BERNARDINO ) U g I, LAURA H. WELCH, Secretary of the Board of Directors of the San Bernardino County Fire Protection District, State of Califomia, hereby certify that at a regular 10 meeting of the Board of Directors of the San Bemardino County Fire Protection District, 11 held on the 8th day of July , 2014, at which meeting were present �. Supervisors: .� 12 Lovingood, Rutherford, Laos, Ovitt, Gonzales 0 U 13 and the Secretary, the foregoing ordinance was passed and adopted by the following 14 vote, to wit: o c. 0 15 AYES: DIRECTORS: Lovingood, Rutherford, Ramos, Orvitt, Gonzales a NOES: DIRECTORS:Hone 16 ABSENT: DIRECTORS:Bone 17 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official a 18 seal of the Board of Directors this 8th day of Ag, . 2014 K 19 !AURA H. WELCH, Secretary to the Board of `'' Directors of the San Bernardino County Fire 20 Protection District E t 21 a 22 23 ty Approved as to Form: 24 JEAN-RENE BASLE, County Counsel 25 26 KENNETH C. HARD 27 Deputy County Coun 28 Date: CAG 20N146W 91 Packet Pg.402 8.A.c 1 ORDINANCE NO. FPD 15-01 2 AN ORDINANCE OF THE SAN BERNARDINO COUNTY FIRE 3 PROTECTION DISTRICT ESTABLISHING (FIRE SERVICE FEES, FIRE SUPPRESSION EMERGENCY RESPONSE AND 4 COST RECOVERY FEES, AMBULANCE SERVICE AND 5 SUBSCRIPTION FEES AND REPEALING ORDINANCE NO. FPD 14-02. 6 7 The Board of Directors of the San Bernardino County Fire Protection District, g County of San Bernardino, State of California, ordains as follows: 9 _ 10 SECTION 1. The Board of Directors of the San Bernardino County Fire 0 d 11 Protection District hereby finds and determines: U- 12 (a) That, from and after the effective date of this ordinance, it shall be in full 0 . force and effect within the San Bernardino County Fire Protection District 13 0 14 (b) That due to budgetary limitations and constraints, it is necessary to °- a 15 continue a uniform procedure and cost schedule to recover certain fire suppression a 16 and emergency response costs and to continue providing a minimum level of fire M 17 suppression and emergency response to areas within the San Bernardino County Fire m 18 Protection District within San Bernardino County. Q 19 (c) That the recovery of such costs is authorized under the following w 20 statutes: E 21 (1) Health and Safety Code Sections 13007-13009.1 and 13916; w 22 (2) Government Code Section 53150 et seq.; a 23 (d) That such costs do not exceed the estimated actual cost of providing fire 24 suppression and emergency response. 25 (e) That the collection and recovery of such costs is for the purpose of 26 meeting the necessary operating expenses of the responding service areas and the 27 adoptions of the said fees is exempt from the provisions of the California 28 Environmental Quality Act. 2D81244 1 CAG Packet Pg. 403 8.A.c ® 1 SECTION 2. There are hereby established and levied fire service fees, fire 2 suppression, emergency response and cost recovery fees, ambulance service and 3 subscription fees as set forth in Attachment A to this Ordinance. 4 5 SECTION 3. Ordinance No. FPD 14-02 is hereby repealed upon the effective 6 date of this ordinance. 7 8 SECTION 4. This ordinance shall be effective thirty (30) days from the date of R 9 adoption. r- 10 Z ` 0 11 ----•-.....,, UM JAWS RAMOS, Chairman c 12 Board of Directors of San Bernardino County Fire 0 13 Protection District 0 0 14 0 SIGNED AND CERTIFIED THAT A COPY 15 OF THIS DOCUMENT HAS BEEN DELIVERED 16 TO THE CHAIRMAN OF THE BOARD OF DIRECTORS. N M 17 LAURA H ELCH m 18 Secr 19 w r 20 E 21 w 22 a 23 24 25 26 27 28 2D812," 2 GAG Packet Pg.404 8.A.c 1 STATE OF CALIFORNIA ) 2 COUNTY OF SAN BERNARDINO ) 3 1, LAURA H. WELCH, Secretary of Board of Directors of the San "Bernardino 4 County Fire Protection District, hereby certify that at a regular meeting of the Board of 5 Directors of said District, held on the 2nd day of June 2015, at which meeting were present Directors: 6 IasinEnnA-Rutherford, Eim $aZna i Gonzales 7 and the Secretary, the foregoing ordinance was passed and adopted by the following $ vote, to wit: g AYES: DIRECTORS:Lovingood,Rutherford,Ramos,nagman,Gouzales 10 NOES. DIRECTORS:None O 2 11 ABSENT: DIRECTORS:None L, 12 0 U 13 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official c seal of the Board of Directors this 2nd day of Tune 2015. o r" ^` 14 a 15 LAURA H. WELCH a Secretary 16 ��n�+vo ��G M 2 � 17 BY m 18 Y APPROVED AS TO FORM .�fiA '�,� w 20 JEAN-RENE BASLE, E 21 County Counsel / a 22 By f In 23 KENNETH C. HARDY 24 Deputy County Counsel Date: 2s 27 28 2D$1244 3 CAG Packet Pg.405 8.A.c ATTACHMENT A • SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT FISCAL YEAR 201512016 FEE SCHEDULE Community Safety Division Section A- Construction Permits: (1) Fire Sprinkler Systems: (A) Commercial/Industrial NFPA 13 Fire Sprinkler System—Modifications (1) 1- 25 fire sprinkler heads......................................................... $ 733.00 (11)26-50 fire sprinkler heads....................................................... $ 846.00 (111) 51-75 fire sprinkler heads...................................................... $ 958.00 .. (IV) 76-100 fire sprinkler heads.................................................... $ 1,070.00 (V) Each additional 1-25 Sprinkler Heads (after 100) ............. 100.00 a (B) Commercial/Industrial NFPA 13 Fire Sprinkler System- New First Riser O (Per Building) A- (1) 1 to 10,000 sq.ft....................................................................... $ 1,215.00 U. (11) 10,001 to 25,000 sq.ft................................................ $ 1,384.00 = ................................. (III) 25,001+ 52,000 sq.ft.................... 0 ..... $ 1,552.00 ° (IV) Each additional riser (same hazard class) .... $ 378,00 0 C 0 (C) Commercial Fire Pump Plan Review(per pump) ...... $ 794.00 CL (D) Single Fa*.y Residential - NFPA 13D Fire Sprinkler; a (I) 1 t0 3,600 sq.ft........, .......................................... $ 739.00 cO) IV (II) 3,601 to 5,000 sq.ft.... : ......................................................... $ 856,00 (111) 5,001 to 10,000 sq.ft............................................................... $ 1,287.00 (IV) 10,001+ sq.ft. ........................................................................ $ 809.00 m (V) Tract homes, inspection only (per lot) ...................... 190.00 (VI) Modifications to existing system............................................ $ 664.00 w (VII) Manufactured Home-Factory installed sprinklers................. $ 346.00 a� E (E) Multi-Family Residential Fire Sprinkler, NFPA 13R (Per Riser), (1) 1 to 10,000 sq.ft......................................................................$ 1,448.00 (I1) 10,001 to 25,000 sq.ft............................. ........$ 1,734.00 a (111) 25,001 + sq.ft......................................................................... $ 1,079.00 (IV) Modification to existing system .............................................$ 1,214.00 (F) Private Underground Fire Line (1) 1 to 10 appl iances................................................................... $ 1,285.00 (I1) 11 to 20 appliances.............................................................—$ 1,791.00 (111) 21 to 30 appliances...............................................................$ 2,296.00 (IV) 31 to 40 appliances...............................................................$ 2,747.00 (V) Each additional appliance over 40......................................... $ 93.00 1 2D81240 Packet Pg. 406 8.A.c ATTACHMENT A (2) Pre-Engineered Systems/Equipment (A) Spray/Dipping/Powder coating booths, per booth ....................... $ 542.00 (B) Industrial ovens, per system......................................................... $ 542.00 (C) Vapor recovery, per system ........................................................$ 542.00 (D) Refrigeration, per system............................................................ $ 779.00 (E) Dust collection, per system ......................................................... $ 542.00 (F) Hood and duct extinguishing system, per system........................ $ 542.00 (G) Gas system, per system ............................................................. $ 542.00 (H) Smoke control system, per system ............................................. $ 542.00 (1) Battery system, per system.......................................................... $ 542.00 (J) Special Extinguishing System, per system .................................. $ 779.00 (K) Commercial Solar Power Generating Station..............................$ 1,457.00 (L) Commercial Structure-Mounted Photovoltaic System.................. $ 791.00 (M) Emergency Responder Radio Coverage System $ 574.00 (N) Marinas with Fueling (Serving 5 or more vessels)....................... $ 574.00 0 (3) In-Rack Sprinklers: Plan review/inspection (Per Commodity Class) (A) 1-10,000 sq. ft. ............................................................................ $ 1,214.00 �. (B) 10,001-50,000 sq. ft. ................................................................... $ 1,551.00 0 � (C) 50,001-100,000 sq. ft. ................................................................. $ 1,888.00 (D) Each additional 1-50,000 sq. ft.................................................... $ 1,128.00 0 r_ (4) High-Piled Combustible Storage: Plan review/inspection (Per Commodity Class) . (A) 1-50,000 sq.ft .............................................................................. $ 631.00 °a (B) 50,001 to 100,000 sq.ft........................ ................. $ 686.00 a .. (C) Each additional 1 to 100,000 sq.ft $ 54U0 N (D) Commodity Analysis/Opinion Report.__..................... .............. $ 632.00 m (5) Hose Rack/Standpipe Systems (Not part of a sprinkler system): Plan review/inspection r (A) 1-5 Hose Racks/Standpipes ....................................................... $ 1,201.00 w (B) 6-10 Hose Racks/Standpipes......................................................$ 1,622.00 (C) Each additional Hose Racks/Standpipe after 10 $ E ......................... 145.00 � r (6) Fire Alarm —New System (Per System): Plan review/inspection a (A) Waterflow Monitoring System, first 1-10 initiating devices......................$1,014.00 (B) Waterflow Monitoring System, each additional 1-10 initiating devices ...$ 738.00 (C) Manual/Automatic Fire Alarm System, first 1-10 initiating devices.........$1,014.00 (D) Manual/Automatic Fire Alarm, each additional 1-10 initiating devices....$ 738.00 (7) Fire Alarm System Modifications (All Types) (Per System): Plan review/inspection (A) Panel only OR first 1-10 initiating devices...................................$ 1,014.00 (B) Each additional 1-10 initiating devices ........................................ $ 738.00 (8)Aboveground Storage Tank: Plan review/inspection (A) Plan Review/Inspection - First tank at location...................... 515.00 2 2D81240 Packet Pg.407 8.A.c ATTACHMENT A (B) Plan Review/inspection - Each additional tank ........................... $ 107.00 (C)Annual Permit, per tank............................................................... $ 515.00 (9) Revision of a previously approved plan or As-Builts .........................$ 427.00 (10) Plan re-submittal, each subsequent submittal after 2"°.................... $ 155.00/hour (11) Design Review/Consultation Conference (except phone consultations)one hourminimum......................................................................................... $ 218.00/hour (12) Commercial/Industrial New Construction/Building Projects: (A) 1 to 10,000 sq.ft.................... ...... $ 699.00 (B) 10,001 to 50,000 sq.ft................................................................ . $ 999.00 0 _ (C) 50,001 to 100,000 sq.ft. .............................................................. $1,298.00 (D) 100,001 to 500,000 sq.ft. ............................................................$1,598.00 0` (E) 500,001 to 1,000,000 sq.ft........................................................... $1 897.00 - (F) Each additional 10,000 sq.ft. ....................................................... $1,202.00 U_ (13) Commercial Modifications: o 0 (A) 1 to 10,000 sq.ft........................................................................... $ 699.00 U {B) 10,001 to 50,000 sq.ft......................................................... ........ $ 849.00 c (C) 50,001 to 100,000 sq,ft. 2 $ 999.00 (D) Each additional 10,000 sq.ft........................................................ $ 489.00 c a (14) Planning Projects: N (A) Site Plan Review......................................................................... $ 946.00 (B) Revision to an Approved Action ..................................................$ 787.00 (C) Conditional. Use Permit (CUP)..................................................... $1,576.00 m (D) CUP-Cell Site Permit.................................................. ................ $ 732.00 (E) Minor Use Permit......................................................................... $ 739.00 w (F) Fuel Modification Plan ................................................................. $ 739.00 (G) Specific Plans .............................................................................$2,048.00 (H) Environmental Review or El ..................................................... $1 199.00 s (1) Subdivisions/Tract Maps/Mobilehome Parks: (1) Tentative Parcel Map (1-4 lots) ......... $ 863.00 a (II) Tentative Tracts Map (5-300 lots) ..........................................$1,138.00 (I i 1)Tentative Tract-Map (301+ lots).............................................$1,294.00 (IV) Mobilehome Park Site Plan Review ...................... $ 871.00 (V) Tenant Review....................................................................... $ 392.00 (15) Single Family Residential Projects: (A) Single family residential occupancy site plan review................... $ 397.00 (16) Water Improvement---Public Water Line Extension: (A) First 1 to 10 appliances.................................................. ............ $ 425.00 3 2aa124o Packet Pg.408 8.A.c ATTACHMENT A (B) Each additional appliance ........................................... ............... $ 242.00 Section B -Annual Operational Permits: (A) Aerosol products .........................................................................$ 515.00 (B) Aviation facilities (Aircraft refueling vehicle/repair hangers)........ $ 515.00 (C) Places of Assembly(50-300 occupants).....................................$ 505.00 (D) Places of Assembly (301-1,000 occupants)................................ $ 683.00 (E) Places of Assembly(1,001-2,500 occupants) ............................. $ 854.00 (F) Places of Assembly(2,501-5,000 occupants).............................. $1,011.00 (G) Places of Assembly(5,001-10,000 occupants)........................... $1,179.00 (H) Places of Assembly(Each additional 10,000 occupants)............ $ 895.00 (l) Commercial Rubbish/Recycle handling........................................ $ 515.00 (J) Compressed gases......................................................................$ 515.00 (K) Cryogen fluids ............................................................................. $ 515.00 (L) Dry cleaning plants ......................................................................$ 515.00 a (M) Combustible dust producing operat ions......................................$ 515.00 0 (N) Explosives ..................................................................................$ 51 5.00 L (0) Fireworks public display..............................................................$ 673.00 ;, (P) Flammable or combustible liquids...............................................$ 515.00 (Q) Hazardous materials................................................................... $ 515.00 (R) High-piled combustible storage/HPM facilities ............... $ 727.00 0 (S) Hot Works operations.................................................................. $ 515.00 r_ (T) Liquefied petroleum gasses......................................................... $ 515.00 (U) Liquid or Gas fuel vehicles/equipment in A Occupancies............$ 515.00 0 (V) Magnesium working ....................................................................$ 515.00 a (W) Motor vehicle repair garage fuel dispensing ..... $ 515.00 N (X) Organic coatings ......................................................................... $ 515.00 IV (Y) Ovens, industrial baking or drying ..............................................$ 515.00 • m (Z) Pyrotechnics special effects material........................................... $ 515.00 (AA) Radioactive material .................................................................$ 515.00 s (BB) Repair Garage ...................................................................... ...$ 515.00 w (CC) Spraying or dipping................................................................... $ 515.00 (DD) Tire storage ....$ 515.00 E (EE) Pallet Yard ..................................................................... $ 727.00 = V (FF) Battery systems......................................... ....... $ 515.00 (GG) Automobile wrecking yards ...................................................... $ 515.00 a (HH) Floor refinishing (over 350 sq. ft. notification)...... ....................$ 89.00 (Ii) Combustible fiber storage............................................................ $ 515.00 (JJ) Combustible material storage.....................................................$ 515.00 (KK) Covered malls (First 50,000 sq.ft.)............................................$ 505.00 (LL) Covered malls (Each additional 50,000 sq.ft.)........................... $ 221.00 (MM) Lumber yards...........................................................................$ 515.00 (NN) Refrigeration equipment........................................... ...............$ 515.00 (00) Wood working plant/products...................................................$ 515.00 (PP) Fixed hood & duct extinguishing systems.................. ..............$ 515.00 (QQ) Candles and open flame in assembly areas............................. $ 75.00 4 2DB1240 Packet Pg.409 8.A.c ATTACHMENT A (RR) Cellulose Nitrate storage in an A Occupancy ...........................$ 515.00 (SS) Fire hydrant or water control valves.......................................... $ 515.00 (TT) Fruit and crop ripening ..............................................................$ 515.00 (UU) Experimental and High-Powered Rocket Launching ................ $ 90.00 (W) Rocket Motor Sal es................................................................... $ 90.00 (WW) Multiple operating permits- Charge the full annual operational permit fee having the greatest amount and thereafter, charge 31% for each additional required annual operational permit in this section. Section C- Special Event/Temporary Use Permits: (A) Small Event(Up to 199 attendees per day)................................. $ 308.00 (B)Class 11 Minor Event (200-500 attendees per day)...................... $ 402.00 (C) Minor Event (501-1000 attendees per day).................................$ 714.00 (D) Major Event(1000+ attendees per day)...................................... $11108.00 (E) Seasonal Sales Lot .....................................................................$ 245.00 (F) Haunted House/Fun. House/Maze ...............................................$ 210.00 0 (G) Bonfire ........................................................................................$ 209.00 (H) Film shoot with hazards (First hour)............................................ $ 340.00 U. (l) Film shoot- General Permit....................................................... $ 88.00 (J) Fireworks booth ........................................................-.................$ 341.00 'o U (K) Production facilities/live audiences (motion pics) ........................ $ 340.00 0 (L) Tents, canopies and temporary membrane structure ..................$ 289.00 c (1) Each additional tent, canopy and temporary membrane 2 structure....................................................................................$ 50.00 G (M) Miscellaneous Counter Permit(No inspection required)............. $ 60.00 a (N) Model Rocket Launching............................................................. $ 90.00 N M Section D- Occupancies Requiring Mandated Inspections: (1) State Fire Marshal Regulated Occupancies: m (A) Organized Camps- Group C Facility- First habitable building up to 25,000 sq.ft. ......................................................................................$ 505.00 w (8) Day Care Facility- 7 or more clients (not requiring assistance) Group E - First habitable building up to 25,000 sq.ft. .......................$ 505.00 (C) Hospitals/Nursing homes/Detox -Group 1-2 - First habitable building a to r upto 25,000 sq.ft..............................................................................$ 505.00 r (D) Detention facility Group 1-3- First habitable building/pod up to a 25,000 sq.f t. ......................................................................................$ 505.00 (E) Day Care Facility (7+ persons) requiring assistance-Group 1-4-- First habitable building up to 25,000 sq.ft..........................................$ 505.00 (F) Multi-Family housing-(Hotel/Motel/Apartments) Group R-1 1R-2 - First habitable building up to 25,000 sq.ft...........................................$ 505.00 (G) Residential Care Facility-Group R-2.1 -First habitable building upto 25,000 sq.ft. .............................................................................$ 674.00 (H) Family Day Care(large & small)-Group R-C (Pre-License)............$ 464.00 (1) Residential Care Facility- R-3.1 - First habitable building up to 25,000 sq.ft. ................................................................ ......................$ 447.00 5 2081240 Packet Pg.410 8.A.c ATTACHMENT A (J) Residential Care Facility— R-4— First habitable building up to 25,000 sq.ft. ......................................................................................$ 571.00 (K) High Rise — First floor up to 25,000 sq.ft. ..........................................$ 488.00 (L) Schools (Public/Private)— First aggregate occupied building(s) - up to 25,000 sq.ft. .............................................................................$ 488.00 (M) Any state regulated facility— Each additional aggregate 25,000 sq.ft. ........-....................................................... ....................$ 166.00 (2) San Bernardino County Code Mandated Facility inspections (Adult-oriented facility, Massage Clinic, Theaters)..............................$ 503.00 Section E— Miscellaneous Fees: (1) Cause and origin reports and related correspondences (each) ..............$ 36.00 M (2) Codes, ordinances or hazard abatement appeal to the Board of Appeals 13 ................................................... $140.00 each item appealed. (3) Administrative Charges; L (A) Failure to meet for a scheduled inspection (per occurrence).............$ 311.00 (B) Failure to obtain permit...........................................................Double Actual Fee (C) Failure to renew permit ..........................................................Double Actual Fee v (D) Fire extinguisher/demo training propane -1 hr max...........................$ 374.00 0 (E) Each additional hour Fire extinguisher/demo training propane.........$ 131.00 0 (F) Juvenile firesetters intervention— initial assessment.........................$ 318.00 a (G) Juvenile firesetters intervention — 6 hr intervention session..............$ 911.00 a (H) Alternate method and material review......................... .....................$ 488.00 (1) Time extension/No Conditions Letters ......$ 91.00 (J) General Field Activity (per hour) ........................................................$ 204.00 m (4) Registration Fees: (A) Commercial Fire Alarm.....................................................................1 76.00 (B) Commercial Fire Sprinkler.................................................................$ 76.00 w (C) Commercial Solar Power Generating Station....................................$ 76.00 d (D) Commercial Structure-Mounted Photovoltaic Station........................$ 76.00 E (E) Emergency Response Radio Coverage System ...............................$ 76.00 M Administrative Services a Section F -Administrative Services Fees: (1) Duplication fee with certification stamp, per page...................................$ .13 (2) Duplication fee, per page............................................................ .......$ .10 (3) Release of notice of pendency/release of lien/ special assessment........$ 207.00/each (4) Delinquency provisions: a thirty-five percent (36%)fee shall be added to each of the fees, including applicable State fees which become delinquent 6 2D81240 Packet Pg.411 8.A.c ATTACHMENT A after thirty(30) days from the invoice date. (5) Hearing fees: (A) Permit suspension or revocation................................................. $ 144.00/hearing (B)Abatement appeal hearings ........................................................$ 144.00/hearing (C) Citation/Billing appeal hearings................................................... $ 144.00/hearing (D) Administrative hearings............................................................... $ 144.00/hearing (6) Court cost: (A) Recover administrative expense for staff court appearances ...Actual cost (B) Delinquent Fee ........................................................................... $ 64.00 (7) Payment Plan.................................................................................... $ 86.00 CD v (8) Enforcement Payment Plan .............................................................. $ 263.00 0 C (9) Fiscal Administrative Fee ................................................................ 16.5% of Actual 0 a� (10) Returned Check Fee....................................................................... $ 37.00 U- (11) Human Resources: o U (A) Record subpoena fee — research/preparation .......... $ 16.00/hour c (B) Civil subpoena witness fee................................................. $ 150.00/day r- .2 r Q. Hazardous Materials Division .0 a Section G - Hazardous Materials Division Program Fees: M (1) Hazardous waste and hazardous materials program fees: (A) Hazardous waste generator inspection program fees: m I. Conditionally Exempt Small Quantity Generator Special........ $ 261.00 11. Conditionally Exempt Small Quantity Generator.................... $ 241.00 s 111. Small Quantity Generator ...................................................... $ 303.00 w IV. Large Quantity Generator....................................................... $ 417.00 V, Super Large Quantity Generator $ 610.00 W E E L V (B)Universal Waste inspection program fees: I. Universal Waste Handier for facility without another generator or handler a fee. ......................................................................................... $ 445.00 11. Universal Waste Handler for facility with another hazardous waste generator or handler fee......................................................... $ 257.00 (C) Hazardous substance underground storage tank (UST) program fees: 1. Regular UST annual:inspection (per tank)..............................$ 525.00 11. Complex annual inspection (per tank)....................................$ 932.00 III. Abandoned UST annual inspection (per tank)........................ $ 525.00 IV. Plan check/construction fee, applies separately to original construction, plan upgrades and plan resubmittals: 7 2081240 Packet Pg.412 8.A.c ATTACHMENT A (i) Each submission except VPH tank top upgrades and new installs........................................ $ 747.00 (ii) Limited plan check for tank linings- First tank lining and multiple tank linings at each site..................................... $ 201.00 V, Plan check/construction fee for tank top VPH upgrade or new installation: (i) First tank at each site, each submission.......................... $1,433.00 (ii) Each additional tank at same site...............................$ 101.00 (iii) Plan upgrades and plan re-submittals— Each additional tank at same site, each submission ............................... $ 315.00 VI. Tank Closure/Removal: (i) First tank at site per submission..................................... $ 870.00 (ii) Each additional tank at same site, each submission......$ 101.00 VII. ..................................................I...........I.........I.................. Temporary Closure (1 year)....................................................................$ 525.00 c VIII. .............................................................................................. Hazardous material emergency business plan review/hazardous material handier fee: Underground tank-storage only.............................................$ 61.00/year IX. ................................................................................................ Waste incidental to UST operation fuel filters & absorbent only $ 65.00 1year 0 4- 0 (D)Onsite treatment fees (Fees are for highest fixed treatment unit per facility) o I. Permit-by-Rule .......................................................................$ 522.00 a Il. Conditional Authorization........................................................ $ 444.00 a Ill. Conditional Exemption ........................................................... $ 534,00 a .. IV. Commercial Laundry $ 458.00 M V. Conditional Exemption —Limited............................................ $ 276,00 m (E)Hazardous materials chemical handler inspection fees: E. 1-3 Chemicals Special ........................................................... $ 183.00 Il. 1-3 Chemicals ........................................................................$ 221.00 W Ili. 4-10 Chemicals ...................................................................... $ 235.00 IV. 11-30 Chemicals .................................................................... $ 283.00 E V. 31-50 Chemicals ....................................................................$ 402.00 VI. 51-70 Chemicals ....................................................................$ 485.00 a Vli. ............................................................................................... 71+ Chemicals .............................................................................................. $ 750.00 (F) California Accidental Release Prevention Program (CaIARP) Business Plan: I. Plan review/Inspection ...........................................................$ 130.00 II. Risk Management Plan (RMP)(Fees are for highest covered process per facility.) (i) RMP Program 1 ........................................................$ 261.00 (il) RMP Program 2........................................................$ 427.00 (iii) RMP Program 3........................................................$ 773.00 8 2DB1240 Packet Pg.413 8.A.c ATTACHMENT A (G)Aboveground Petroleum Storage Act inspection program fees: I. Conditionally Exempt (Tank facility located on a farm, nursery, logging site or construction site if no storage of petroleum exceeds 20,000 gallons and the cumulative storage capacity of the tank facility does not exceed 100,000 gallons.) ...................................................... $ 173.00 11. 1,320 gallons— 10,000 gallons...............................................$ 184.00 Ill. 10,001 gallons — 100,000 gallons...........................................$ 343.00 IV. 100,001 gallons— 1,000,000 gallons...................................... $ 369.00 V. 1,000,001 gallons — 10,000,000 gal lons.................................$ 530.00 VI. 10,000,001 gallons or greater................................ ................ $ 548.00 (2) Certified Unified Program Agency(CUPA)Annual Administrative Program Fee: (A) Level 1.........................................................................................$ 93.00 (B)Level 2.........................................................................................$ 288.00 (C) Level 3 ............................................................................ ..$1,151.00 "a (D)Level 4.........................................................................................$2,301.00 0 (E)Level 5........................................................................................$3,452.00 ` (F) Environmental audit, Phase I.......................................................$130.00 1hour (G) Certificate of occupancy for hazardous materials facility............$ 65.00 (H) Request for Certified Hazardous Materials Records Search Finding Report v ..........I....................... ....................................................................... $130.00/hour o (1) Proposed School Site Quarter(1/4) mile search........................... $130.00/hour c (J) List of permitted Facilities — Public Service $ 35.00 Q (K) Court Costs ................................................................................. Actual Costs -°o (L) Special Fees; a I. Special inspection ..................................................................$130.00/hour `" M Il. Failure to keep field appointment ........$130.00/appointment S Ill. Same day short notice inspection...........................................$130.00/hour m IV. After hours/overtime inspection (per hour with 3 hour minimum)................................................................................ $252.00/hour t V.Failed inspection, requiring a follow-up inspection (after initial and w re-inspection).......................................................................... $130.00/hour VI. Non-facility complaint second response................................. $130.00/hour E VII.Facility complaint second complaint............ .......................... $130.00/hour VIII.Additional plan submittal fee $130.00/hour IX. Special event.......................................................................... Actual cost/hour a X. Working without permit........................................................... Double fee XI. Failure to obtain permit........................................................... Double fee XII.Failure to renew permit........................................................... Double fee XIII.Consulting ............................................................................$130.00/hour XIV.Conditionally Exempt Small Quantity Generator(CESQG).,.$130.00/hour (M) Investigation charges........................................................$130.00/hour 1. Photographic reproduction costs..................................Actual Cost 11. Laboratory samples handling costs..............................Actual Cost (N) Emergency Response Charges: 1. Equipment costs...........................................................Actual Cost 9 M81240 Packet Pg.414 8.A.c ATTACHMENT A 11. Laboratory samples handling costs..............................Actual Cost Ill. Emergency Response Personnel Cost.,.......................$228.00/hour IV. Emergency Response Vehicle Costs...........................$ 98.00/hour Section H - Cost Recovery (1) Employee Classification Hourly Rates Accounting Tech $ 37.91 Accounts Representative $ 33.57 Admin Secretary 1 $ 36.23 Admin Secretary 11 $ 37.40 Admin Supervisor 1 $ 65.13 Assistant Chief $ 158.8$ Assistant Emergency Communications Supervisor $ 55.10 Assistant Emergency Services Division Mgr $ 92.10 Automated Systems Analyst 1 $ 54.46 0 Automated Systems Technician $ 46,62 ` Budget & Fiscal Services Manager $ 94.32 Budget Officer $ 78.28 Business System Analyst 2 $ 68.40 0 Business System Analyst 3 $ 74.82 Call Taker $ 31.38 c Collections Officer $ 40,94 °- Communications Director $ 127.86 c Communications Technician $ 54.46 a Computerized Mapping Analyst $ 46.37 N Computerized Mapping Technician $ 43.39 Deputy Fire Chief $ 170.92 m District Emergency Services Supervisor Dispatcher $ 55.10 Emergency Communications Supervisor $ 51.61 Emergency Services Dispatch I Technician $ 33.24 w Emergency Services Dispatcher $ 44.66 Emergency Services Manager $ 103.03 E Emergency Services Officer $ 03,55 Emergency Services SP PC100 (Extra Help PSE) $ 34.28 EMS Nurse Educator $ 86.79 a EMS Training Officer $ 89.33 EMS Training Supervisor $ 86.98 Equipment Parts Chaser $ 32.39 Executive Assistant $ 51.26 Facilities Attendant $ 26.60 Fire Chief $ 193.05 Fire Equipment Specialist $ 37.36 Fire Equipment Technician 1 $ 29.27 Fire Equipment Technician 2 $ 38.86 Fiscal Assistant $ 33.80 10 2D81240 Packet Pg. 415 8.A.c ATTACHMENT A GEMS Coordinator $ 59.74 Human Resources Assistant $ 40,22 Human Resources Officer II $ 9$,98 Information System Analyst 2 $ 71,97 Information System Analyst 3 $ 80,98 Lead Mechanic $ 62,96 Maintenance Specialist $ 46.33 Mechanic $ 56.24 Nurse Educator $ 86,79 Office Assistant i $ 25,55 Office Assistant II $ 32.41 Office Assistant III $ 34,52 Office Specialist $ 37.18 Payroll Specialist $ 32,93 Personnel Services Supervisor $ 50,43 0 Programmer Analyst 1 $ 48.28 Programmer Analyst III $ 85,27 U- PSE Call Taker (Extra Help) $ 24.23 Public Information Officer $ 67.55 0 Public Service Employee $ 23.94 U SCBA Technician $ 41.55 ° c Senior Collections Officer $ 48.72 ° Slash Crew Supervisor $ 45.57 0 Slash Crew Worker $ 28,89 a Slash Crew Worker II $ 36.82 N Staff Analyst i $ 51.32 Staff Analyst Ii $ 58.62 Supervising Office Assistant I $ 41,03 m Supervising Fiscal Specialist $ 46.34 r Support Services Manager $ 85,98 w Vehicle Parts Specialist $ 52.04 Vehicle Services Supervisor $ 62,06 a Warehouse Supervisor $ 43.97 Community Safety/Fire Prevention a Deputy Fire Marshal $137.17 Fire Prevention Officer $ 57,29 Fire Prevention Officer/Arson $ 66.18 Fire Prevention Specialist $ 63,69 Fire Prevention Specialist/Arson $ 68,35 Fire Prevention Supervisor $ 80.05 Fire Prevention Supervisor/Arson $ 88.64 Front Counter Technician $ 43.79 Senior Plans Examiner $ 72,22 11 209,240 Packet Pg. 416 8.A.c ATTACHMENT A Hazardous Materials Hazardous Materials Specialist Trainee $ 53.36 Hazardous Materials Specialist 1 $ 55.77 Hazardous Materials Specialist 11 $ 64.74 Hazardous Materials Specialist 11, HM Response $ 76.37 Hazardous Materials Specialist III $ 69.59 Hazardous Materials Specialist III, HM Response $ 79.66 Hazardous Materials Specialist IV $ 72.18 Hazardous Materials Specialist IV, HM Response $ 88.77 Supervising Haz Mat Specialist $ 75.03 Supervising Haz Mat Specialist, HM Response $ 80.11 Training Officer HM RT $105.37 Environmental Specialist III $ 65.33 c Environmental Specialist IV, HM Response $ 76.12 Environmental Technician I $ 34.42 0 Environmental Technician II $ 45.86 Environmental Technician III $ 49.49 Suppression Battalion Chief $121.65 0 Captain $ 62.02 0 Division Chief $143.84 a Engineer $ 50.59 a Fire Fighter $ 46.45 Fire Fighter Limited Term or Captain PCF $ 18,23 Fire Fighter PCF $ 14.36 Fire Suppression Aide $ 11.00 00 Fire Suppression Aide 11 $ 12.10 Fire Suppression Aide Illd $ 13.20 x Engineer PCF $ 16.27 w a� Supression Pay Differentials Based on Certifications (depending on the person responding the following hourly rates may be added r to the above rates) a Paramedic $ 3.79 USHAZ $ 2.15 HAZMF $ 2.02 HAZUS $ 2.53 USARF $ 1.77 USARP $ 0.50 (2) Equipment Rates Equipment Rates include Staffing as indicated; Certificate Rates may be added 12 2D81240 Packet Pg. 417 8.A.c ATTACHMENT A Hourly Daily Ambulance (includes Staff) $322.03 Brush Patrol (Includes Staff) $320.69 Chipper(Includes Staff& Truck) $122.45 Crew Buggy—Vehicle Only $ 92.51 Dozer TS (Includes Staff, Truck & Trailer) $295.44 Engine Type 1 & II (Includes Staff) $384.00 Engine Type III (includes Staff) $381.90 Generator $ 25.22 Incident Command Post $ 49,77 Incident Command Trailer& Truck $ 40.51 c Heavy Rescue (Includes Staff) $455.40 0 HM Hazmat Suppression Unit (includes Staff) $403.61 Light Rescue (includes Staff) $324.03 U- Medic Squad Unit (Includes Staff) $323.84 Medium Rescue (includes Staff) $387,92 L) Mobile Communications Unit $ 41.63 c Rescue Boat(includes Staff) $270.76 0 Skidsteer (includes Staff, Truck & Trailer) $121.67 c Snow Cat (Includes Staff, Truck & Trailer) $246.38 a Squad Unit (Includes Staff) $319.30 N Transport Pilot Vehicle $ 32.70 Water Tender<1999gpm (Includes Staff) $321.04 Water Tender>1999gpm Plus (Includes Staff) $321.27 m Wheeled Loaders (Includes Staff) $329,29 L X (3)Administrative Penalties for False or Nuisance w Fire Alarms E r First, Second, and Third Response No Charge M Four to Five Responses $100,00 a Six to Seven Responses $200.00 Eight or More Responses $500.00 (4)Structure Protection Fees Residential/Duplex $500.00 Multiple Units Commercial, Industrial $1,000,00 (5)Administrative Fees 13 2D81240 Packet Pg.418 8.A.c ATTACHMENT A Administrative Overhead per Total Invoice Maximum allowable by FEMA—applies only to major incident response billing (CalFire, USFS, etc) 10% Charge non Hazardous Materials Invoices applied ten (10) days after due date of invoice. 10% (6) Special Event Standby Fees Suppression Hourly Chief Officer- Division Chief Standby $ 143.84 Chief Officer- Battalion Chief Standby $ 121.65 Captain Standby $ 62.02 M Engineer Standby $ 50.59 a Firefighter/Medic Standby $ 50,24 0 Firefighter Standby $ 46.45 PCF FF Captain or Limited Term Firefighter Standby $ 18.23 PCF FF Engineer Standby $ 16.27 v PCF FF Firefighter Standby $ 14.36 0 r- Non-Suppression 0 r CL Deputy Fire Marshal Standby $ 115,99 a Haz Materials Specialist II Standby $ 64.74 Prevention Officer—Arson Standby $ 66,18 V) Prevention Officer Standby $ 57.29 q* Prevention — Specialist Standby $ 63.69 m r Equipment X w Ambulance Standby $ 15.05 Brush Patrol Standby $ 13.74 E Engine Type 1 & 11 Standby $ 27.72 Engine Type III Standby $ 25.20 a ER Hazmat Vehicle Standby $ 13.66 Heavy Rescue Standby $ 28.34 HM Hazmat Suppression Unit (Includes Staff) $ 403.61 HM Hazmat Suppression Unit Standby $ 15.12 Light Rescue Standby $ 18,66 Medic Squad Unit Standby $ 20,23 Medium Rescue Standby $ 23,82 Mobile Communications Unit Standby $ 42.50 Other Vehicle Standby(Sedan/SUV/Utility) $ 6.55 Transport Pilot Vehicle Standby $ 33.05 Water Tender<1999GPM Standby $ 24.44 14 2081240 Packet Pg. 419 8.A.c ATTACHMENT A Water Tender>1999GPM Standby $ 24.68 Section I — Ambulance Subscription Fees District Rate Per Year North Desert Regional Fire Service Zone (Lucerne Valley Ambulance Operating Area) Per Household $65.00 d c c 0 d U- North Desert Regional Fire Service Zone (Wrightwood/Pinon Hills Ambulance Operating Area) c U Per Household $65 00 0 C 0 a South Desert Regional Fire Service Zone (Havasu Ambulance a Operating Area) N M IV Per Household $65.00 m North Desert Regional Fire Service Zone (Searles Valley w Ambulance Operating Area) C Per Household $65.00 E �a r .r a Mountain Regional Fire Service Zone (Lake Arrowhead Ambulance Operating Area) Per Household $65.00 South Desert Regional Fire Service Zone (Yucca Valley Ambulance Operating Area) Per Household $65.00 15 2D81240 Packet Pg.420 8.A.c ATTACHMENT A is Section J — First Responder Fee $275.00 + applicable ambulance service fee when transport is provided. Section K - Ambulance Service Fees Urban 'RurallWilderness BLS Rate $ 744.86/user $ 819.35/user Mileage $ 25.40/mile $ 25.40/user Emergency $ 241.46/use $ 265.62/user Oxygen $ 149.76/user $ 164.74/user = Standby Time $ 45.35 per 15 min. $ 45.35 per 15 min. ALS Rate $1337.79/user $1471.56/user o EKG $ 103.10/user $ 103.10/user Night Charge $ 172.88/user $ 190.19/user U- Water Transportation Charges 0 Water transport charges at the BLS Rate as stated above. o a 0 A_ it Transportation Charges a N M Air Transport Charges are at the ALS Rate plus other applicable ambulance fees as stated above. These apply in full when ambulance staff accompanies the flight or when m transportation to a landing zone is more than a mile away. When ambulance staff transports to an airship and does not accompany the flight or W when transport to a landing zone is one mile away or less the following rates apply: E BLS %2 base rate $ 372,43 $ 409.67 ALS Y2 base rate $ 668.89 $ 73538 a NOTE: Multiple patients, all transports — applicable full charges except equal shares of mileage, time, and emergency. Household Hazardous Waste Division Section L — Household Hazardous Waste Division Program Fees (1) Conditionally Exempt Small Quantity Generator Disposal Fees (A) Used oil ....................................................................... ............... $ 0.73/gallon (B) Contaminated waste oil............................................................... $ 8.82/gallon (C) Waste antifreeze.........................................................................$ 1.57/gallon 16 2081240 Packet Pg. 421 8.A.c ATTACHMENT A (D) Lead acid batteries...................................................... ............... $ 0.62/each (E) Latex paint. ............................................ .............. $ 0.73/pound (F) Latex sludge and adhesive.......................................................... $ 1.00/pound (G) Oil Based Paint ........................................ .... ......... $ 1.00/pound (H) Photographic fixer/developer......................................... ............. $ 4.31/gallon (l) Flammable solids/liquids...............................................................$ 1.57/pound (J) Corrosive solids/liquids................................................................ $ 2.80/pound (K) Poison solids/liquids. .......................................................... .......$ 2.91/pound (L) Reactive solids/liquids ................................................................. $ 9.63/pound (M)Aerosols....................................................................... ....... ...... $ 1.29/pound (N)Asbestos Roofing Tar.................................................... . $ 5.82/pound (0) Contaminated soil ........................................................... .. $ 1.57/pound (P) NiCad/Alkaline batteries................................................. .........,..$ 2.13/pound (Q) Lithium batteries.......................................................................... $ 5.94/pound (R) PCB bal lasts.................................................................... $ 5.94/pound (S) Steel/HDPE drum disposal......................................... .......... . $ 17.47/each o d (T) Additional handling ..... $138.00/hour (U) Hazard categorization test ................................................ .. $ 33.60/each (V) Chlorinated Oil Test.....................................................................$ 11.65/each (W) Used Oil filters....................................................................... $ 0.56/each ° .. U (X) Cathode Ray Tubes .................................................................... $ 11.20/each o (Y) Drums...................................................................................... ... e $ 2.24/each$ 25.00/each = (Z) Fluorescent tubes................................................................ .. . (AA) Circular fluorescent lamps......................................................... $ 2.80/each ° (BB) Sodium pressure lamps ...................................................... $ 5.04/each a (CC) Electronic waste ............................. $ 0,40/pound N (DD) Paint Buckets......................................................................... $ 7.00/each (EE} Mercury................................................................................... $ 10.08 1pound m (FF) Propane Cylinders............................................................. .. $ 15.00/each (GG) Home Generated Sharps (Quart)............................................. $ 1.00/each r (HH) Home Generated Sharps Gallon it Horne Generated Sharps (Gallon) ........$ 2.00/each w ( ) ps (2-gallon)............................................. $ 4.00/each (JJ) Home Generated Sharps (8-gallon) .......... $ 8.00/each (KK) Oxidizers solids/liquids..................................................... ........$ 3.00/pound (LL) Non Propane Cylinders...................................................... .. Actual Cost w (MM) Fire Extinguisher......................................................................Actual Cost (NN) Extreme Hazardous Waste.......................................................Actual Cost (2) There is hereby established a hazardous waste management fee which shall be an annual fee per parcel of land within unincorporated San Bernardino County in accordance with the County Assessor's land use code as follows. Where the land use fee for any use code contains a schedule of fees based on size of parcel, but the relevant data base does not disclose sufficient size information to determine the correct size category of a particular parcel, said parcel shall be charged as though it were the second smallest sized parcel if there are three size categories and as though it were the third smallest sized 17 2DB1240 Packet Pg.422 8.A.c ATTACHMENT A parcel if there are five or six size categories. The fees are submitted to the Auditor-Controller/Treasurer/Tax Collector for collection on the annual property Tax Roll. (A) Use Code 510 - Single Family Residence (SFR)(suitable for permanent use) (B) Use Code 511.- Re. $ 5.00 ........................................... Recreational Cabin $ 2.50 (C) Use Code 514- Residence on Commercial ............................... $ 5.00 (D) Use Code 520 - Mobil ehome...................................................... $ 5.00 (E) Use Code 522 Mobilehome in park.......................................... $ 5.00 (F) Use Code 525 Mobilehome in subdivision................................ $ 5.00 (G) Use Code 526 -Manufactured home on permanent foundation. $ 5.00 (H) Use Code 530- Condominium ................................................... $ 5.00 (1) Use Code 531 - Planned Unit Development(PUD) ..................... $ 5.00 `0 (J) Use Code 532 - PUD, Deminiums............................................... $ 5.00 (K) Use Code 533-Timeshare.................... . $ 5.00 0 (L) Use Code 534 Attached SFR w/common wail.......................... $ 5.00 `U. (M) Use Code 535 -Zero lot line SFR.............................................. $ 5.00 U (N) Use Code 599 - Misc. Residential structure ............................... $ 5.00 (0) Use Code 600 -Two SFR.................................... $ 10,00 0 (P) Use Code 601 -Three SFR........................................................ $ 15,00 0 (D) Use Code 602 - Four SFR......... .............. $ 20.00 = (R) Use Code 603 Duplex.............................................................. $ 10.00 0. (S) Use Code 604 -Triplex............................................................... $ 15.00 °a (T) Use Code 605 -Quad........................ ..................... $ 20.00 a .................... .. (U) Use Code 610 - Multi-SFR 5-14 units......................................... $ 25.00 M (V) Use Code 611 -Apartment 5-14 units ........................................ $ 25.00 v (W) Use Codes 612 &622 - Townhouse-type Apartments............... $ 40.00 m (X) Use Code 620 -Multi-SFR 15+units........................................... $ 65.00 (Y) Use Code 621 -Apartment 15+ units......................................... $ 65.00 (Z) Use Code 630-Condominium used as apartment..................... $ 5.00 w (AA) Use Code 631 - Government assisted apartment program...... $380.00 (BB) Use Code 815 - Industrial/Single Family Residential .......... 5.00 e (CC) Use Code 816 - Industrial/Multi Family Residential $ 25.00 (DD) Use Code 825 -Admin-Prof/Single Family Residential............ $ 5.00 a (EE) Use Code 826 -Admin-Prof/Multi Family Residential.............. $ 25.00 (FF) Use Code 835- Commercial/Single Family Residential ...........$ 5.00 (GG) Use Code 836 - Commercial/Multi Family Residential ............ $ 25.00 (HH) Use Code 856, 857, 859 -Single Family Residential............... $ 5.00 (11) Use Cade 867, 869- Multi Family Residential............................ $ 25.00 (3) Disposal Site Fees- Minimum load charge: (i) Auto ............................................................................. $0.80/vehicle (ii) Station Wagon............................................. ............... $0.80/vehicle (iii)Pickup truck...................................... ........ $0.80/vehicle (iv)Auto with trailer........................................... ................$0.80/vehicle 18 2DB1244 Packet Pg.423 8.A.c ATTACHMENT A Section M -Waiver/Refund of Fees 1) In the event of a disaster, or other good cause shown to serve a public purpose, the Fire Chief may waive or refund any fee set forth in this Ordinance or any other fee levied by County Fire provided all of the following conditions are met: a) Exigent conditions exist whereby obtaining Board approval of the fee waiver/refund would not be immediately feasible; and b) The amount of the waiver/refund would not exceed $3,000 per event; and c) County Fire receives concurrence from the County Administrative Office. 2) Except as otherwise provided by law, the Board of Supervisors, by Board action, can waive or refund any fee set forth in this chapter or any other fee levied by the County provided one of the following conditions is met: d) The service for which the fee was levied has not and will not be performed, or e) The fee was collected in error, or f) For other good cause shown, provided such waiver/refund would serve a o public purpose. U- Section N - Annual Increase All annual fees will be subject to an annual increase based on the percentage change in c the Consumer Price Index, All Urban Consumers (All items), for the Los Angeles- 0 Riverside-Orange County, California area, with the Standard Reference Base (1982- c 84=100) as published by the United States Department of Labor, Bureau of Labor Q Statistics. The "annual average" percentage published by the Bureau of Labor Statistics will be used to determine the maximum annual increase. This percentage, which is a calculated at the end of each calendar year, is available in January following the end of N the previous calendar year, However, no adjustment shall decrease any fee and no fee shall exceed the reasonable cost of providing services. If reasonable program costs exceed the maximum annual increase, an additional fee increase may be established m by resolution of the Board of Supervisors. Fees will be rounded to the nearest whole dollar. x W r c m E r a 19 2DB1240 Packet Pg. 424