For state law as to fires and fire prevention generally, see H. & S. C. A., § 13000 et seq. For state law as to storage of combustible materials, see H. & S. C. A., § 851.

As to authority of officials of sheriff’s office and fire department at fires and other emergencies, see § 12-10 of this Code.

Article I. Uniform Fire Code

7-1 Adoption.

There is hereby adopted by the board of supervisors, county of Colusa, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the Uniform Fire Code, recommended by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1982 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by Sections 7-3 through 7-3.17 of this chapter, of which code not less than three copies have been and are now filed in the office of the clerk of the county of Colusa, and the ex officio clerk to the board of supervisors, and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the unincorporated areas of the county of Colusa. (Ord. No. 397, § 1; Ord. No. 432, § 1.)

7-2 Definitions.

(a) Wherever the word “jurisdiction” is used in the Uniform Fire Code, it shall be held to mean the fire district.

(b) Wherever the term “corporation counsel” is used in the Uniform Fire Code, it shall be held to mean the attorney for the fire district.

(c) Wherever the words “chief” or “chief of the fire department” are used in the code adopted in section 7-1, they shall be held to mean the various chiefs of the several fire districts of the county of Colusa. (Ord. No. 397, § 2.)

7-3 Amendments generally.

The code adopted in section 7-1 is amended and changed as provided in sections 7-3.1 through 7-5. (Ord. No. 397, § 3 (part).)

7-3.1 Section 12.107 added – Fireworks – Permit for use or possession.

Section 12.107 of the 1979 Uniform Fire Code is hereby added as follows:

SECTION 12.107 PERMIT FOR USE OR POSSESSION OF FIREWORKS

No person shall possess or use fireworks, except those authorized by law, either on his own land or on the land of another, unless such possession or use is pursuant to a written permit from the chief of the fire district or his duly authorized agent and in strict accordance with the terms of such permit.

(Ord. No. 397, § 3(A).)

7-3.2 Section 12.108 added – Fireworks – Sale.

Section 12.108 of the Uniform Fire Code is hereby added as follows:

SECTION 12.108 SALE OF FIREWORKS

No person shall sell or offer for sale or expose for sale at retail for use within the county, any fireworks, as defined by Section 12.101, of the Code adopted, within the unincorporated area of the County of Colusa, except that such fireworks as are defined and classified as “safe and sane fireworks” by Section 12504 of the Health and Safety Code of the State of California, may be sold and displayed as hereinafter provided.

(Ord. No. 397, § 3(B).)

7-3.3 Section 12.109 added – Fireworks – Permit to sell.

Section 12.109 of the Uniform Fire Code is hereby added as follows:

SECTION 12.109 PERMIT TO SELL FIREWORKS

It shall be unlawful for any person, firm, or corporation to sell fireworks within the unincorporated areas of the County of Colusa without having first applied for and received a Fire District permit. Such Fire District permits shall authorize the sale of “safe and sane” fireworks only.

(Ord. No. 397, § 3(C).)

7-3.4 Section 12.110 added – Fireworks – Qualified permittees.

Section 12.110 of the Uniform Fire Code is hereby added as follows:

SECTION 12.110 QUALIFIED PERMITTEES

(a) No permit to sell fireworks shall be issued to any person, firm, or corporation except nonprofit organizations or corporations organized primarily for veterans, patriotic, welfare, educational, civic betterment, or charitable purposes.

(b) Each such organization or corporation shall have its principal and permanent meeting place in the County of Colusa, and must have been organized and established in the County of Colusa for a minimum of one (1) year continuously, immediately preceding the filing of the application for a permit, and must have a bona fide membership of at least fifteen (15) members.

(c) No person, firm or corporation shall possess more than one (1) permit or license to sell fireworks, whether such permit or license is issued by the Fire District or by any city within the County.

(Ord. No. 397, § 3(D).)

7-3.5 Section 12.111 added – Fireworks – Application for permit to sell.

Section 12.111 of the Uniform Fire Code is hereby added as follows:

SECTION 12.111 APPLICATION FOR PERMIT TO SELL FIREWORKS

(a) All applications for permits to sell fireworks shall be in writing to the Fire Chief, on forms provided by the Fire District, and shall be accompanied by a license issued by the State Fire Marshall, and a permit fee in the amount of $15.00.

(b) The application shall be made in triplicate, and the applicant shall ascertain and state in the application the proposed location of the fireworks stand applied for. The original of the application shall be retained by the Fire District; one copy thereof shall be sent to the Fire Chief; and one copy thereof shall be sent to the Building Inspection Division of the County of Colusa.

(c) The application shall state the name, address and telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks stand during the period fireworks are sold, displayed or stored.

(d) All applications shall be made on or prior to the second Tuesday in April of each year.

(e) Qualified applicants for a permit shall be notified by the Fire Chief of the tentative approval of the application for a permit by the first Monday in May of each calendar year.

(f) Within two (2) weeks of the notification of the tentative approval of the permit, the applicant shall furnish to the Fire District evidence of a public liability and property damage insurance policy in an amount of not less than $50,000 for injury or death to one person, $100,000 for all injuries or deaths resulting from one occurrence, and $25,000 for property damage with riders attached to said policy designating the Fire District as an additional insured thereunder. The applicant shall also furnish evidence of insurance coverage under a products liability insurance policy covering all merchandise sold by said applicants. The products liability insurance policy shall be in an amount of not less than $100,000 for injury or death to one person, $300,000 for injuries or deaths resulting from one occurrence, $100,000 for property damage resulting from any one occurrence, and $300,000 in the aggregate.

(g) The Fire District shall issue the permit to the applicant upon the presentation to the Fire Chief of the evidence of a public liability and property damage insurance policy and a products liability insurance policy as hereinabove specified.

(Ord. No. 397, § 3(E).)

7-3.6 Section 12.112 added – Fireworks – Operation of stands.

Section 12.112 of the Uniform Fire Code is hereby added:

SECTION 12.112 OPERATION OF FIREWORKS STANDS

(a) No person, firm, or corporation, other than the organization to which the permit is issued, shall operate the fireworks stand for which the permit is issued, or share or otherwise participate in the profits from the operation of such stand.

(b) No persons, other than individuals who are members of the permittee organization, or the wives, husbands, parents, or adult children of such members, shall sell or otherwise participate in the sale of fireworks at any stand.

(c) No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at any stand.

(d) Each fireworks stand shall have an adult watchman in attendance and in charge thereof while the stand is being used for the sale, offering for sale, display, or storage of fireworks. No watchman shall be required while a fireworks stand is used solely for the storage of fireworks, if the stand has been approved for storage of fireworks by the Fire Chief.

(e) All fireworks shall be retained at the approved location of the fireworks stand at all times, and in no event shall fireworks, other than those which have been sold, be removed from the approved location to any other place; except that fireworks may be transported from the approved location to any other location which has been approved by the Fire Chief.

(Ord. No. 397, § 3(F).)

7-3.7 Section 12.113 added – Fireworks stands – Requirements generally.

Section 12.113 of the Uniform Fire Code is hereby added:

SECTION 12.113 FIREWORKS STANDS – REQUIREMENTS

(a) All retail sales of “safe and sane” fireworks shall be permitted only from within a temporary fireworks stand, and the sale from any other building or structure is hereby prohibited. Temporary stands shall be subject to the following provisions:

1. Fireworks stands shall be located on any property in the Fire District subject to all ordinances applicable.

2. No fireworks stand shall be located within 25 feet of any other building or within 50 feet of any gasoline station.

3. Fireworks stands in excess of two, shall not be located closer than 600 feet apart.

4. Fireworks stands need not comply with the provisions of the building code of the County of Colusa, provided, however, that all stands shall be erected under the supervision of the County Building Inspector, who shall require that stands be constructed in a manner which will reasonably insure safety of attendants and patrons.

5. Each stand in excess of 20 feet in length must have at least two approved exits; and each stand in excess of 40 feet in length must have at least three approved exits spaced approximately equidistant apart, provided, however, that in no case shall the distance between exits exceed 20 feet.

(Ord. No. 397, § 3(G).)

7-3.8 Section 12.114 added – Fireworks stands – Safety requirements.

Section 12.114 of the Uniform Fire Code is hereby added as follows:

SECTION 12.114 SAFETY REQUIREMENTS

(a) Each fireworks stand shall be provided with two (2) and two and one-half (2 1/2) gallon “water-type” fire extinguishers, approved by the Fire Chief, in good working order and easily accessible, for use in case of fire.

(b) All weeds and combustible materials shall be cleared from the location of the fireworks stand, including a distance of at least 25 feet surrounding the stand.

(Ord. No. 397, § 3(H).)

7-3.9 Section 12.115 added – Fireworks – Sale and discharge.

Section 12.115 of the Uniform Fire Code is hereby added as follows:

SECTION 12.115 SALE AND DISCHARGE OF FIREWORKS

(a) The sale of fireworks shall not begin before 12:00 Noon, on the 28th day of June and shall not continue after 12:00 Midnight, on the 5th day of July. Discharge of fireworks shall only be legal during the periods fireworks may be sold as hereinabove specified.

(b) Fireworks stands shall be removed from the temporary locations by 12:00 Noon, on or before the 10th day of July, and all accompanying litter shall be cleared from said locations by said time and date.

(c) It shall be the responsibility of the Building Inspector and the Fire Chief to determine that the construction and location standards and the fire safety standards required by this ordinance are satisfied. The Building Inspector and the Fire Chief of the Fire District are hereby empowered to take up and cancel any permit issued by the Fire District, pursuant to this ordinance, or to recommend to the Fire District no fireworks permit be issued to a particular organization in the future, in any case of violation of the provisions of this ordinance.

(Ord. No. 397, § 3(I).)

7-3.12 Section 15.201 added – Tank storage, bulk storage, restricted locations and fire protection.

Section 15.201 of the Uniform Fire Code is hereby added as follows:

SECTION 15.201 TANK STORAGE, BULK STORAGE, RESTRICTED LOCATIONS AND FIRE PROTECTION

The limits referred to in Section 15.201 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as the limits of the water districts which service the unincorporated area of Colusa, Arbuckle, Maxwell, Stonyford, Princeton, Grimes and the congested areas of College City and Delevan, and other such congested areas designated by the Fire District.

(Ord. No. 397, § 3(J).)

7-4 Section 15.601 added – Location of bulk plants for flammable or combustible liquids.

Section 15.601 of the Uniform Fire Code is hereby added as follows:

SECTION 15.601 LOCATION OF PLANTS

The limits referred to in Section 15.601 of the Uniform Fire Code in which new bulk plants for flammable or combustible liquids are prohibited are hereby established to be within the limits of the water districts which service the unincorporated area of Colusa, Arbuckle, Maxwell, Stonyford, Princeton, Grimes and the congested areas of College City and Delevan, and other such congested areas designated by the Fire District.

(Ord. No. 397, § 3(K).)

7-5 Section 20.150(a) added – Location of liquified petroleum gas bulk storage containers.

Section 20.150(a) is hereby added to the Uniform Fire Code as follows:

SECTION 20.105(a) LOCATION OF CONTAINERS

The limits referred to in Section 20.105(a) of the Uniform Fire Code in which bulk storage of liquified petroleum gas is restricted are hereby established to be within the limits of the water districts which service the unincorporated area of Colusa, Arbuckle, Maxwell, Stonyford, Princeton, Grimes and the congested areas of College City and Delevan, and other such congested areas designated by the Fire District.

(Ord. No. 397, § 3(L).)

7-6 Modifications.

The chief of the fire district shall have power to modify any of the provisions of the code adopted by section 7-1 upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief of the fire district thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant. (Ord. No. 397, § 4.)

7-7 Penalty for violation.

Any person who shall violate any of the provisions of the code adopted by section 7-1, or fail to comply therewith, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the board of appeals, or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $25.00, nor more than $500.00 or by imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified each ten days that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. No. 397, § 5.)

Article II. Regulations

7-8 Smoking – Prohibited in certain areas during certain times; where permitted.

(a) Smoking is prohibited while traveling on foot, cycle or domestic animal, in grain, grass, stubble, brush, timber or other inflammable vegetative cover and on roads and trails and in other areas posted against smoking between the first day of May and the first day of November of any year.

(b) Smoking is permitted as follows:

(1) In improved campgrounds;

(2) Inside vehicles on roads;

(3) At places of habitation;

(4) While stopped in a cleared or barren area of at least three feet in diameter.

Provided however, that in all instances burning and glowing substances are completely extinguished before being discarded. (Ord. No. 202, § 1.)

7-9 Same – Enforcement of preceding section by state forester and U.S. fire officers.

The state forester, and all his agents duly authorized by the laws of the state, and all U.S. forest officers, are hereby declared to be peace officers of this county for the purpose and with the right of enforcing all provisions of section 7-8. (Ord. No. 202, § 3.)

7-10 Firebreaks – Necessity declared.

It is hereby declared to be necessary, in order to prevent great and irreparable damage to crops and other property, and for the preservation thereof, and for the preservation of the public safety within the county, that fire protection or firebreaks be established and maintained in the county. (Ord. No. 87, § 1.)

For state law as to prevention and control of forest fires, see Public Resources C. A., § 12000 et seq.

7-11 Same – Duty of person in possession, etc., of certain land.

Every person being in possession of, occupying or having control of any land within the county, outside of incorporated cities and towns, upon which there has been sown, or is standing, growing or grown, any wheat, oats, barley, hay or vegetation of any kind whatsoever, which when so sown, standing, growing, grown or being upon such lands in any way has become inflammable, easily ignited or burned, shall at all times during the season when the same, or any part thereof, is inflammable, easily ignited or burned, maintain around the outer boundary of such lands, where the same are adjacent to any farming lands having inflammable vegetation thereon, or highway, through farming lands upon which there is any such grain, hay or vegetation of any kind of an inflammable nature and in a condition as hereinabove described, an effective fire protection, or firebreak, of at least three feet in width, when such fire protection, or firebreak, is made by plowing, and at least six feet in width when such fire protection or firebreak is made otherwise; provided, however, that when such lands are adjacent to a highway such fire protection or firebreak may be made by the removal of the inflammable, easily ignited or easily burned grain, vegetation matter or substance along or upon the half of such highway adjacent to such lands. (Ord. No. 87, § 2.)

7-12 Maintenance of fire extinguishers on grain harvesters.

Every person harvesting grain or causing grain to be harvested with the county by means of a combined harvester shall provide such harvester with at least two suitable chemical fire extinguishers of not less than two and one-half gallon capacity. Such fire extinguishers shall be in a convenient place upon such harvester, and be fully equipped and ready for immediate use. (Ord. No. 87, § 3.)

7-13 Fire arresting equipment for use on gas tractors used in harvesting grain.

Every person operating or causing to be operated any gas tractor in harvesting grain in the county shall cause a suitable device to be attached to the exhaust on each such gas tractor for the purpose of arresting burning carbon and thereby preventing fire. (Ord. No. 87, § 4.)

7-14 Same – Inspection.

It shall be unlawful for the board of supervisors to engage an inspector whose duty it shall be to inspect all gas tractors engaged in harvesting grain in the county. Such inspector shall have the right to enter any grain field in the county where there is a gas tractor and inspect the harvesting paraphernalia and the traction engine, and make such recommendations to the parties in charge of such harvesting paraphernalia as he may see fit, and to summarily arrest any one violating the provisions of sections 7-12 and 7-13. (Ord. No. 87, § 5.)

7-15 Firebreak around warehouses, etc., used for storage of grain.

Every person being in possession of, occupying or having control of any warehouse or building maintained for the storage of grain, hay, rice or foodstuffs, or other property of any kind or character for hire, outside of cities and towns, shall at all times maintain around such warehouse or building an effective fire protection, or firebreak of at least twenty feet in width. (Ord. No. 87, § 6.)

7-16 Firebreak around buildings generally.

Every person being in possession of, occupying or having control of any building in the county, outside of any incorporated city or town, shall maintain an effective fire protection and firebreak around such buildings of at least twenty feet. (Ord. No. 87, § 7.)

As to buildings generally, see ch. 5 of this Code.

Chapter 7FIRE PREVENTION