Chapter 5.08
FIRE CODE
Sections:
5.08.010 Title.
5.08.020 Purpose.
5.08.030 Adoption of fire codes.
5.08.040 Authority.
5.08.050 Section 102.10, Applicability—Added.
5.08.060 General authority and responsibilities.
5.08.070 Section 104.9, Requests for alternative means of protection—Amended.
5.08.080 Section 105.6, Required operational permits—Amended.
5.08.090 Section 108.1, Board of appeals—Amended.
5.08.100 Section 111, Stop work order—Amended.
5.08.110 Chapter 2, Definitions—Amended.
5.08.120 Section 503.1.2.1, Fire apparatus access roads—Added.
5.08.130 Section 503.2.3.1, Specifications—Added.
5.08.140 Section 503.5.1.1, Required gates and barricades—Added.
5.08.150 Section 506.1, Key boxes—Amended.
5.08.160 Sections 508.1.1 and 508.2.3, Fire protection water supplies—Amended.
5.08.170 Section 508.5.5, Fire hydrant systems—Amended.
5.08.180 Sections 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.2, 903.2.3, 903.2.6, 903.2.7, 903.2.8, 903.2.9, 903.2.10.3, Chapter 9, Automatic sprinkler systems—Amended and Sections 903.2.7.1, 903.2.7.2 and 903.2.18, Automatic sprinkler systems—Added.
5.08.190 Section 903.6, Existing buildings—Amended.
5.08.200 Section 907.1.3, Fire alarm and detection systems—Amended.
5.08.210 Section 2206, Flammable and combustible liquid motor fuel-dispensing facilities—Amended.
5.08.220 Section 2703.2.4, Hazardous materials general provisions—Amended.
5.08.230 Section 3301.2, Fireworks—Amended.
5.08.240 Section 3301.8, Establishment of quantity of explosives and distances—Amended.
5.08.250 Section 3804.2, Maximum capacity within established limits—Amended.
5.08.260 New materials, processes or occupancies which may require permits.
5.08.270 Violations—Penalties.
5.08.010 Title.
The fire codes adopted by Section 5.08.030 and the provisions of this chapter shall constitute the Dublin Fire Code and may be referred to as such. (Ord. 23-07 § 2 (part))
5.08.020 Purpose.
The promotion and preservation of the public health, safety and general welfare of the people of the city and the property situated therein have made necessary the adoption of the fire codes referred to in Section 5.08.030 in order to adequately safeguard life, health, property, and general welfare. The purpose of this code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this code. (Ord. 23-07 § 2 (part))
5.08.030 Adoption of fire codes.
A. The 2007 California Fire Code, Part 9, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California State Health and Safety Code Section 18901 et seq. (hereinafter referred to as the “state code”), and any rules and regulations promulgated pursuant thereto including the International Fire Code, 2006 Edition, (including Appendix B, C) as published by the International Code Council, and as referenced in and adopted pursuant to California State Health and Safety Code Sections 17922 and 18935 (hereinafter referred to as the “IFC”), are hereby adopted and incorporated by reference herein for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion.
Copies of the adopted codes have been and are now filed in the office of the City Clerk, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of the state of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein and from the date on which the ordinance codified in this chapter shall take effect, the provisions thereof shall be controlling within the limits of the city of Dublin.
B. Notwithstanding the provisions of subsection A of this section, the state code and the IFC are amended as set forth in Sections 5.08.050 through 5.08.270. (Ord. 23-07 § 2 (part))
5.08.040 Authority.
The Fire Department referred to herein and in the codes adopted pursuant to Section 5.08.030 shall be the entity which provides fire suppression and prevention services to the city by contract, and the Fire Chief referred to herein shall be the Fire Chief of the Fire Department, acting under the direction of the City Manager. (Ord. 23-07 § 2 (part))
5.08.050 Section 102.10, Applicability—Added.
Section 102.10 is added to read as follows:
Section 102.10. Applicability. Where not otherwise limited by law, the provisions of this Code shall apply to vehicles, cargo containers, ships, boats, and mobile vehicles when fixed in a specific location within the boundaries of this jurisdiction.
(Ord. 23-07 § 2 (part))
5.08.060 General authority and responsibilities.
Sections 104.2.1, 104.2.2, 104.2.3 and 104.2.4 are added to read as follows:
104.2.1 Fee for Plan Review, Inspection and Permits. The City Council may, by resolution, establish a schedule of nondiscriminatory fees to be charged and collected for plans submitted under Section 104.2.1, solely to defray the City’s reasonable costs for plan review of fire protection equipment and systems, requested or required inspection services and issuance of permits. Permits issued in accordance with Section 105.8 shall be valid for a period of one year.
104.2.2 Permit Processing Fee. Each application for a permit shall be accompanied by a fee equal to forty percent (40%) of the total permit fee rounded off to the nearest dollar. The permit processing fee shall be credited toward the total permit fee required. After permit processing has commenced, no portion of the permit processing fee shall be refundable.
104.2.3 Refunds.
A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior to the expiration of the permit provided that the work authorized under the permit has not commenced. Thirty percent (30%) of the permit fee may be refunded to the applicant after a permit has expired provided that the work has not commenced, but in no case shall any refund be allowed after one (1) year from the date of expiration of the permit. Requests for refund shall be in writing. Any expenses incurred by the city other than the permit processing fee may be deducted from the refund.
B. If there was an error in calculating the amount of the permit fee and such error resulted in overpayment of the permit fee, the amount of overpayment may be refunded.
104.2.4 Fees – Partially completed work.
A. Where permits expire and the work has not been completed and a new permit is subsequently issued for the completion of the work, the fee shall be based upon the fee schedule in effect at the time of issuance of the new permit.
|
Completed Inspections |
Percent of Original Permit Fee |
|
1. If no inspections have been made. |
30 |
|
2. If rough inspection has been made. |
15 |
B. The fee determined by the foregoing shall be rounded to the nearest dollar.
(Ord. 23-07 § 2 (part))
5.08.070 Section 104.9, Requests for alternative means of protection—Amended.
Section 104.9 is amended to read as follows:
Section 104.9 Requests for Alternative Means of Protection. Requests for approval to use an alternative material, assembly of materials, equipment, method of construction, method of installation of equipment, or means of protection shall be made in writing to the Fire Marshal by the owner or the owner’s authorized representative and shall be accompanied by a full statement of the conditions. Sufficient evidence of proof shall be submitted to substantiate any claim that may be made regarding its conformance. The Fire Marshal may require tests and the submission of a test report from an approved testing organization to substantiate the equivalency of the proposed alternative means of protection.
Approval of a request for use of an alternative material, assembly of materials, equipment, method of construction, method of installation of equipment, or means of protection shall be limited to the particular case covered by request and shall not be construed as establishing any precedent for any future request.
(Ord. 23-07 § 2 (part))
5.08.080 Section 105.6, Required operational permits—Amended.
Section 105.6 is amended as follows:
105.6 Required operational permits. The fire code official is authorized to issue operation permits for the operations set forth in Sections 105.6.1 through 105.6.50.
105.6.47 Christmas tree sales. To use a property for purpose of selling cut Christmas trees.
Section 105.6.48, Liquefied petroleum gases, is amended to add Item 3 as follows:
To store, use or handle liquefied petroleum gas inside buildings. See Chapter 38.
105.6.49 Model rockets. See California Code of Regulations Title 19, Chapter 6, Article 17.
105.6.50 Tire storage. To use an open area or portion thereof to store tires in excess of 1,000 cubic feet.
(Ord. 23-07 § 2 (part))
5.08.090 Section 108.1, Board of appeals—Amended.
Section 108.1 is amended to read as follows:
108.1 Board of Appeals.
A. Any person aggrieved with the decision of the Fire Chief in connection with the application or interpretation of this Code or an approval of alternative materials or methods of construction may appeal to the City Council. Such appeal shall be in writing and filed with the City Clerk within ten (10) days.
B. The City Council may, after hearing, interpret any provision of this Code.
C. The City Council may, after hearing, vary the application of this Code in any specific cases when, in its opinion, the enforcement thereof would be contrary to the spirit and purpose of this Code or public interest. The City Council in granting a variance may impose requirements or conditions to mitigate any adverse effects that may result from granting the variance.
D. In making any such interpretation or granting any variance, the City Council shall make the following findings:
1. That the interpretation or variance is consistent with the purpose of this Code;
2. That the interpretation or variance will not lessen the protection to the people of the city and property situated therein.
E. The City Council may approve alternate materials or methods of construction by overruling the decisions of the Fire Chief. In approval of any alternate materials or methods of construction, the City Council shall make findings that the material, method or work proposed is for the purpose intended, at least equivalent of that prescribed by this Code in quality, strength, effectiveness, fire resistance, durability, dimensional stability and safety.
F. The City Council may appoint a Board of Appeals to hear a specific appeal. The Board of Appeals shall consist of five (5) members qualified by training and experience to pass on matters pertaining to the subject matter of the appeal. The Board of Appeals shall have the same authority and duties as the City Council in interpreting this Code, granting variances, or approving alternate materials or methods of construction. The Fire Chief shall be an ex officio member of the Board of Appeals and shall act as secretary to the Board. The Board of Appeals shall adopt reasonable rules and regulations for conducting its hearings and investigations.
G. The decision of the City Council or Board of Appeals shall be final.
(Ord. 23-07 § 2 (part))
5.08.100 Section 111, Stop work order—Amended.
Section 111 is amended to read as follows:
111.1.1 Stop Work Order. Whenever any installation of fire protection devices covered by this Code is concealed without first having been inspected, the Fire Chief may require, by written notice, that such work shall be exposed for inspection. Whenever any construction or installation work is being performed in violation of the plans and specifications as approved, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be done on that portion of the project until the violation has been corrected.
Where work for which a permit is required by this chapter is started or proceeds prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows:
|
Violation within two-year period |
Penalty Fee |
|
First |
Equal to the permit fee |
|
Second |
Double the permit fee |
|
Third and subsequent |
Ten times the permit fee |
The payment of such penalty fee shall not relieve any person from fully complying with all of the provisions of this chapter.
(Ord. 23-07 § 2 (part))
5.08.110 Chapter 2, Definitions—Amended.
Chapter 2 is amended by adding the following definitions to Section 202:
City Council shall mean the governing body of the City of Dublin.
City Manager shall mean the City Manager of the City of Dublin or designee.
Fire Trail means a graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires.
Fuel break means a wide strip or block of land on which the vegetation has been permanently modified to a low volume fuel type so that fires burning into it can be more readily controlled.
(Ord. 23-07 § 2 (part))
5.08.120 Section 503.1.2.1, Fire apparatus access roads—Added.
Section 503.1.2.1 is added to read as follows:
503.1.2.1 The minimum number of access roads serving residential development(s) shall be based upon the number of dwelling units served and shall be as follows:
1-25 Units One public or private access road
26-74 Units One public or private access road and one emergency access road. When more than one access road is required, the roadways shall be remotely located to provide a separate and distinct means of access and egress.
75+ Units A minimum of two public or private access roads. When more than one access road is required, the roadways shall be remotely located to provide a separate and distinct means of access and egress.
The maximum length of a single access road shall be no greater than 1,000 feet. The length may be modified for special circumstances in accordance with Section 103.1.2.
(Ord. 23-07 § 2 (part))
5.08.130 Section 503.2.3.1, Specifications—Added.
Section 503.2.3.1 is added to read as follows:
503.2.3.1 Fire and Emergency Access Roads approved for construction sites shall be designed to meet the requirements of Section 503.2. The approved all weather surface shall be considered as first lift of asphalt and the access shall be approved by the Department of Public Works prior to commencement of combustible storage or any construction on the site.
(Ord. 23-07 § 2 (part))
5.08.140 Section 503.5.1.1, Required gates and barricades—Added.
Section 503.5.1.1 is added to read as follows:
503.5.1.1 When approved, gates and barriers may be installed across or over fire department access ways. These installations shall meet Fire Department standards and shall be approved prior to installation.
(Ord. 23-07 § 2 (part))
5.08.150 Section 506.1, Key boxes—Amended.
Section 506.1 is amended by adding the following sentences to the end of the paragraph:
506.1 A Key Box(es) shall be installed on all new buildings. A Key Box(es) shall be installed on all existing buildings upon issuance of a building permit for a Tenant Improvement. If the keying system is changed or added to, the responsible party shall notify the Fire Department and the keys located within the key box shall be updated.
(Ord. 23-07 § 2 (part))
5.08.160 Sections 508.1.1 and 508.2.3, Fire protection water supplies—Amended.
Section 508 is amended to add the following preface sentence and subsections 508.1.1 and 508.2.3 are amended to read as follows:
Preface Sentence: The type of water supply provided shall meet Fire Department standards.
508.1.1 Suburban and Rural Water Supply. In areas where public or private fire mains are not available for the provision of the required fire flow, the Fire Department may develop a standard which requires a water supply for fire fighting be provided. In developing the standard, the Chief may be guided by the most current edition of state or nationally recognized standards promulgated by such entities as NFPA (National Fire Protection Association) and ICC (International Code Council).
508.2.3 Storage of Suburban and Rural Water Supplies. In calculating the water supply available to meet the minimum fire flow required in Section 508.1 of this Code, swimming pools, ponds, and underground cisterns which would require a drafting operation shall not be considered as a primary water source.
(Ord. 23-07 § 2 (part))
5.08.170 Section 508.5.5, Fire hydrant systems—Amended.
Section 508.5.5 is amended by adding the following language:
508.5.5 Clear Space Around Hydrants. When hydrants, department connections, or other fire protection control valves are located behind curbs on property not governed by the Vehicle Code and/or related parking or vehicular regulations of a local government entity, and the parking of motor vehicles is allowed, the curb shall be painted red for a dimension of 7.5 feet on each side of the hydrant; or a sign posted in accordance with Section 22500.1 of the Vehicle Code.
(Ord. 23-07 § 2 (part))
5.08.180 Sections 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.2, 903.2.3, 903.2.6, 903.2.7, 903.2.8, 903.2.9, 903.2.10.3, Chapter 9, Automatic sprinkler systems—Amended and Sections 903.2.7.1, 903.2.7.2 and 903.2.18, Automatic sprinkler systems—Added.
Sections 903.2, 903.2.1.1, 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, 903.2.2, 903.2.3, 903.2.6, 903.2.7, 903.2.8, 903.2.9 and 903.2.10.3 are amended and Sections 903.2.7.1, 903.2.7.2 and 903.2.18 are added to read as follows:
903.2 Where required. An automatic fire-extinguishing system shall be installed in the occupancies and locations set forth in Section 903.2.
903.2.1.1 Group A Occupancies.
An automatic fire-extinguishing system shall be installed in all Group A occupancies (except of Type V construction) where the floor area exceeds 5,000 square feet (465 m2) and in all basements where the floor area exceeds 1,500 square feet (139.4 m2). An automatic fire-extinguishing system shall be installed in all Group A occupancies that are of Type V construction where the floor area exceeds 3,000 square feet (279 m2). (Sections 903.2.1.2, 903.2.1.3, 903.2.1.4, 903.2.1.5, are Deleted)
903.2.2 Group E Occupancies.
An automatic fire-extinguishing system shall be in Group E occupancies where the floor area exceeds 5,000 square feet (465 m2).
903.2.3 Group F Occupancies.
An automatic fire sprinkler system shall be installed in all Group F occupancies (except of Type V construction) where the floor area exceeds 5,000 square feet (465 m2). An automatic sprinkler system shall be installed in all Group F occupancies of Type V construction where the floor area exceeds 3,000 square feet (279 m2).
903.2.6 Group M Occupancies.
An automatic fire sprinkler system shall be installed in Group M occupancies where the floor area exceeds 5,000 square feet (465 m2) (except Type V construction). An automatic sprinkler system shall be installed in all retail sales rooms classed as Group M and S occupancies of Type V construction where the floor area exceeds 3,000 square feet (279 m2).
903.2.7 Group R Occupancies.
An automatic fire-extinguishing system shall be installed where the total area exceeds 5,000 square feet (465 m2). Those systems installed in R-1 occupancies shall use residential or quick response heads in the dwelling unit and guest room portions of the buildings and installations may be in accordance with NFPA 13 or 13R where applicable.
903.2.7.1 Mitigation. In one or two family dwellings, to mitigate problems with access or water supply, the installation of a sprinkler system as mitigation shall be at the discretion of the Fire Department.
903.2.7.2 R-3 Occupancies. Those systems installed in R-3 Occupancies shall be in accordance with NFPA 13 or 13D. Materials shall be approved for use in such systems by the fire department and installed in accordance with their listings.
EXCEPTION: Systems which are required to mitigate other deficiencies shall be installed in accordance with such additional fire protection requirements as may be deemed necessary by the Chief or his or her designee.
903.2.8 Group S Occupancies.
An automatic fire sprinkler system shall be installed in Group S occupancies where the floor area exceeds 5,000 square feet (465 m2) (except Type V construction). An automatic sprinkler system shall be installed in all retail sales rooms classed as Group S occupancies of Type V construction where the floor area exceeds 3,000 square feet (279 m2).
903.2.9 Group B Occupancies.
An automatic fire-extinguishing system shall be installed in Group B occupancies (except Type V construction) where the floor area exceeds 5,000 square feet (465 m2). An automatic sprinkler system shall be installed in Group B occupancies of Type V construction where the floor area exceeds 3,000 square feet (279 m2).
903.2.10.3 Buildings Three Stories in Height.
An automatic sprinkler system shall be installed in all occupancies, regardless of type of construction, if the building is three or more stories or more than 35 feet in height measured from the pad grade level to the highest point of the building. An automatic sprinkler system shall be installed in all other occupancies as may be required by the 2007 California Building Code.
903.2.18 All Occupancies
Automatic fire-extinguishing systems shall be installed in all occupancies located more than 1-1/2 miles from a fire station providing fire protection to that location. Said distance shall be measured in a straight line. For R-3 occupancies, the sprinkler system may be a residential sprinkler system type NFPA 13.
Buildings containing portions which are required to have an automatic fire-extinguishing system because of the number of stories shall have the automatic fire-extinguishing system installed throughout and fire walls as set forth in Section 705 shall not be considered as creating separate buildings for the purpose of this section.
When the specific use of a building is not known at the time of design and installation of the automatic fire-extinguishing system the design shall be based upon Ordinary Hazard Group 2 as set forth in the fire code.
Whenever an addition is made to an existing building, automatic fire-extinguishing systems shall be installed if the existing building plus the addition exceeds the area or height limitations set forth in this section. Whenever the use of an existing building or portion thereof is changed in any manner so as to require the installation of an automatic fire-extinguishing system said system shall be installed in that portion of the building housing the new use.
(Ord. 23-07 § 2 (part))
5.08.190 Section 903.6, Existing buildings—Amended.
Section 903.6 is amended and Sections 903.6.2 and 903.6.3 are added to read as follows:
903.6 Existing Buildings. All changes of occupancy classification in existing buildings shall comply with the requirements contained in Section 903.1 and Table 903.2.
903.6.2 When an addition to an existing building causes the total square footage of the building to exceed the maximum floor area specified in Table 903.2 of this Ordinance, the entire building shall be sprinkled.
EXCEPTION 1: Unless already provided with an automatic fire-extinguishing system, single family dwellings need not comply with Section 903.6.2 above.
903.6.3 Existing buildings which do not conform to current Building Code or Fire Code requirements may be required to install an automatic fire-extinguishing system when an interior alteration or remodeling occurs, regardless of whether floor area is increased or use changed. It shall be the responsibility of the Fire Marshal and the Building Official to evaluate the work being performed, noncomplying features, and determine if an automatic fire extinguishing system will be required.
EXCEPTION: Unless already provided with an automatic fire-extinguishing system, single family dwellings need not comply with Section 903.6.3 above.
(Ord. 23-07 § 2 (part))
5.08.200 Section 907.1.3, Fire alarm and detection systems—Amended.
Section 907 is amended by adding Sections 907.1.3, 907.21, 907.21.1, 907.21.2, and 907.21.3 to read as follows:
907.1.3 General. All fire alarm systems shall be U.L. listed Central Station Service systems as defined by the most current edition of NFPA 72. When approved by the Fire Department, local alarms are permitted in:
1. Day Care Facilities.
2. Single Family Dwellings.
3. Residential Care Facilities Licensed with an Occupant Load of 6 or less.
4. Occupancies with a local fire alarm which will give an audible and visible signal at a constantly attended location. A constantly attended location shall mean a location on site which is manned 24 hours a day by at least one adult who remains alert; does not have conflicting duties which may delay detection and reporting of an alarm.
5. Other such occupancies for which the installation of a monitored system may be impractical or inappropriate as defined by the Fire Chief.
907.21 False Alarms, is added to this Code to read:
907.21.1 Excessive False Alarms. Malfunctions or mechanical trip of any sprinkler alarm or other fire protection or detection system resulting in an alarm and emergency dispatch of the Fire Department shall be subject to a false alarm charge as established by this Code.
Exception: During a thirty (30) day period following the installation of any new fire alarm system, the Fire Chief shall determine if the false alarms emanating from said new installation are excessive.
907.21.2 Charges. After the initial thirty (30) day period following the installation of a new system, two (2) false alarms within a consecutive ninety (90) day period shall be deemed excessive and will be charged as false alarms.
907.21.3 False Alarm charges are as follows:
|
1st false alarm – |
Warning Letter |
|
2nd false alarm in any 90‑day period – |
$100.00 |
|
3rd and subsequent false alarms in any 90-day period – |
$200.00 |
(Ord. 23-07 § 2 (part))
5.08.210 Section 2206, Flammable and combustible liquid motor fuel-dispensing facilities—Amended.
Sections 2206.2.2, 2206.2.3 and 2206.2.4 are amended to read as follows:
2206.2.2 Above-ground tanks located inside buildings. The limits referred to in Section 2206.2.2 in which storage of flammable or combustible liquids in above-ground tanks is prohibited, are hereby established as follows: Any area zoned for other than commercial, industrial, or agricultural use.
2206.2.3 Above-ground tanks located outside, above grade. The limits referred to in Section 2206.2.3 in which storage of flammable or combustible liquids in outside above-ground tanks is prohibited, are hereby established as follows: Any area zoned for other than commercial, industrial, or agricultural use.
2206.2.4 Above-ground tanks located above-grade vaults or below-grade vaults. The limits referred to in Section 2206.2.4 in which storage of flammable or combustible liquids in above-ground tanks is prohibited, are hereby established as follows: Any area zoned for other than commercial, industrial, or agricultural use.
(Ord. 23-07 § 2 (part))
5.08.220 Section 2703.2.4, Hazardous materials general provisions—Amended.
Section 2703.2.4 is amended to read as follows:
2703.2.4 Installation of tanks. Section 2703.2.4 is amended by adding the second sentence indicating that the storage of flammable or combustible liquids in outside above-ground tanks is prohibited in any area zoned for other than commercial, industrial, or agricultural use.
(Ord. 23-07 § 2 (part))
5.08.230 Section 3301.2, Fireworks—Amended.
Section 3301.2 is amended to read as follows:
3301.2 Fireworks. Section 3301.2 is amended by adding a sixth exception as follows:
6. The sale, use and discharge of fireworks are allowed in accordance with Chapter 5.24 of the Dublin Municipal Code.
(Ord. 23-07 § 2 (part))
5.08.240 Section 3301.8, Establishment of quantity of explosives and distances—Amended.
Section 3301.8 is amended to read as follows:
3301.8 Establishment of quantity of explosives and distances. The limits referred to in Section 3301.8 of the 2006 International Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Any central business district area as defined by this Code and any area which is zoned for other than industrial or agricultural use.
(Ord. 23-07 § 2 (part))
5.08.250 Section 3804.2, Maximum capacity within established limits—Amended.
Section 3804.2 is amended to read as follows:
Section 3804.2 Maximum Capacity within Established Limits. The limits referred to in Section 3804.2 of the 2007 California Fire Code and the 2006 International Fire Code in which storage of compressed natural gas is prohibited, are hereby established as follows: Any area zoned for other than commercial, industrial, or agricultural use.
(Ord. 23-07 § 2 (part))
5.08.260 New materials, processes or occupancies which may require permits.
The City Manager, the Fire Chief and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those enumerated in the 2007 California Fire Code and the 2006 International Fire Code. The Fire Marshal shall post such list in a conspicuous place at the Dublin Civic Center and distribute copies thereof to interested persons. (Ord. 23-07 § 2 (part))
5.08.270 Violations—Penalties.
A. Any person who violates any of the provisions of the 2007 California Fire Code or the 2006 International Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specification or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of an infraction.
B. Any person convicted of an infraction under the provisions of this chapter shall be punished upon a first conviction by a fine of not more than one hundred dollars ($100), and for a second conviction within a period of one (1) year by a fine of not more than two hundred dollars ($200), and for a third or any subsequent conviction within a one (1) year period by a fine of not more than five hundred dollars ($500). Any violation beyond the third conviction within a one (1) year period may be charged by the District Attorney as a misdemeanor and the penalty for conviction of the same shall be a fine or imprisonment, or both, not to exceed the limits set forth in California Penal Code Section 19.
C. At the discretion of the City Manager, any such violation constituting an infraction under this chapter may, instead, be charged and prosecuted as misdemeanor, punishable by a fine or by imprisonment, or both, not to exceed the limits set forth in California Penal Code Section 19.
D. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be summarily abated by the city as such.
E. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.
F. The Fire Chief shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter. Officers or employees so designated shall have the authority to cite or arrest persons who violate any of said provisions. (Ord. 23-07 § 2 (part))