Chapter 8.16
UNIFORM FIRE CODE AND FIRE SAFETY REGULATIONS

Sections:

8.16.010  Definitions.

8.16.020  Uniform Fire Code adopted.

8.16.030  Copies on file.

8.16.040  Deletions from Uniform Fire Code.

8.16.050  Conflicting provisions deleted.

8.16.060  Amendments to Uniform Fire Code.

8.16.070  Additions to Uniform Fire Code.

8.16.080  Fire hazards.

8.16.090  Leaving fire unattended prohibited.

8.16.100  Allowing fire to escape prohibited.

8.16.110  Interfering with fire extinguishing.

8.16.120  Firebreaks around structures.

8.16.130  Assistance at fires.

8.16.140  Fuel tank standards.

8.16.150  Homes – Inspection required.

8.16.160  Homes – Fire alarms required.

8.16.170  Day care – Fire alarms required.

8.16.180  Enforcement.

8.16.190  Arrest powers.

8.16.200  Authority to carry firearms.

8.16.210  Penalty for violation.

8.16.220  Continued violations.

8.16.010 Definitions.

Certain words and phrases are defined in this section to clarify their use in this chapter and in the Uniform Fire Code. Where a definition is not given or where a question of interpretation arises, the definition that shall control is the normal meaning of the word within the context of its use.

A. “Chief” or “chief of the fire department” or “fire chief” means and includes, depending upon the context of its use, the Stanislaus County fire warden, his paid deputies, and/or the chief of the Hughson Fire Protection District.

B. “Code” means and includes, depending upon the context of its use, the Hughson Municipal Code, or any statute, or any published compilation of rules, regulations or standards adopted by the federal government or the state, or by any agency of either of them. “Code” shall include any nationally recognized or approved published compilations of proposed rules, regulations or standards of any private organization or institution that has been in existence for a period of at least three years.

C. “Secondary code” means and includes any code that is incorporated by reference, directly or indirectly, in whole or in part, in the Uniform Fire Code.

D. “Published” means issued in print, lithographed, multigraphed, mimeographed, or similar form.

E. “Uniform Fire Code” means that certain document in book form entitled Uniform Fire Code, 1982 Edition, published by the International Conference of Building Officials and the Western Fire Chiefs Association. (Ord. 86-06 § 1, 1986)

8.16.020 Uniform Fire Code adopted.

The Uniform Fire Code is hereby adopted by reference, except as hereinafter in this chapter amended, deleted, and added to. The Uniform Fire Code, except as amended, deleted and added to, shall govern the storage, use and handling of dangerous and hazardous materials, substances, devices and processes, certain maintenance of buildings and certain equipment, and adequate egress from buildings. (Ord. 86-06 § 1, 1986)

8.16.030 Copies on file.

At least one copy of the Uniform Fire Code, and of each secondary code pertaining thereto, all certified to be true copies by the city clerk, shall be filed in the city clerk’s office and shall be kept there for public inspection during regular business hours. The city clerk shall at all times maintain a reasonable supply of copies of the Uniform Fire Code, and of each secondary code pertaining thereto, available for purchase by the public at a moderate price, not to exceed the actual cost thereof to the city. (Ord. 86-06 § 1, 1986)

8.16.040 Deletions from Uniform Fire Code.

The following sections and appendices of the Uniform Fire Code are deleted therefrom and are not adopted:

A. Sections 11.203(a), 24.102, 25.101, 26.102, 27.102, 28.102, 29.102, 30.101, 31.102, 32.101, 33.102, 34.101, 36.101, 45.102, 46.102, 47.102, 48.102, 50.103, 63.103, 74.103, 76.102, 77.104, 78.102, 79.103, 79.1002, 79.1102, 79.1201, 79.1803, 80.102, 81.103, 82.102 and 83.101 relating to permits for special use;

B. Section 11.101(a) relating to open burning and incinerators;

C. Section 11.105(a), (b), (c), (d) and (e) relating to open burning and incinerators;

D. Sections 11.107 through 11.113 relating to open burning and incinerators;

E. Section 11.115 relating to attendants for fires;

F. Section 34.104 relating to burning of autos, junk and waste materials;

G. Sections 77.101 through 77.306 relating to explosives and blasting agents;

H. Sections 78.101 through 78.106 relating to fireworks; and

I. Appendix VI-B relating to the model citation program. (Ord. 86-06 § 1, 1986)

8.16.050 Conflicting provisions deleted.

Any other provisions of the Uniform Fire Code, or of any secondary codes pertaining thereto, that are in conflict or inconsistent with, or the subject matter of which is regulated by the laws of the state, are deleted therefrom and are not adopted. (Ord. 86-06 § 1, 1986)

8.16.060 Amendments to Uniform Fire Code.

The following sections of the Uniform Fire Code are amended to read as follows:

Section 2.302. In order to determine the suitability of alternate materials and type of construction and to provide for reasonable interpretations of the provisions of the Uniform Fire Code as amended by this chapter, there shall be, and there is hereby created, a board of appeals consisting of five members who are qualified by experience and training to pass upon matters pertaining to the Uniform Fire Code, and related documents, and one public member. The fire chief shall be an ex-officio member and shall act as secretary of the board. The board of appeals shall be appointed by the city council and shall hold office at its pleasure. The board of appeals shall adopt reasonable rules and regulations for conducting its investigation and shall render all decisions and findings in writing to the fire chief with a duplicate copy to the appellant and may recommend to the city council such new legislation as is consistent therewith.
Section 3.101. Any person operating or maintaining any occupancy, premises or vehicle subject to this code who shall permit any fire hazard to exist on premises under his control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the chief or his duly authorized representative shall be guilty of an infraction; provided, however, that violation of any of the following sections of the Uniform Fire Code shall be a misdemeanor: Section 2.107, 10.102, 11.102, 11.103, 11.104, 11.301, 11.302, 11.401, 11.402, and all sections of Articles 25, 77, and 78.
Section 4.101. It shall be unlawful for any person, firm or corporation to use a building or premises or engage in any activities for which a permit is required by this code without first having obtained such permit. Permits are required from the chief.
Section 4.103. All applications for a permit required by this code shall be made to the chief in such form and detail as he shall prescribe. Applications for permits shall be accompanied by such plans as may be requested by the chief.
Section 10.301(c). An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, there shall be provided on-site fire hydrants and mains capable of supplying required fire flow. In areas where no water system is available and the total water supply required for fire protection exceeds 4,000 gallons static reserve, water supply shall be provided on site.
Water supply may consist of reservoirs, pressure tanks, elevator tanks, water mains or other fixed systems capable of supplying their required fire flow. In setting the requirements for fire flow, the chief shall be guided by the standard established by the Fire Safety Department for required fire flow, and the National Fire Protection Association Standard #1231 “Water Supplies for Rural and Suburban Fire Fighting.”
Section 10.306. All mobile home and recreational vehicle parks shall provide and maintain hydrants and access roads in accordance with Sections 10.207 and 10.301.
EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with protection per N.F.P.A. #1231, and access roadways in accordance with Section 10.207.
Section 10.307(a)2. Hotels either two stories or more in height or containing 20 or more guest rooms.
Section 11.201(d). Commercial dumpsters and containers with an individual capacity of 1.5 cubic yards or greater shall not be stored or placed within 5 feet of combustible walls, openings, or combustible roof eave lines. Dumpsters shall not be stored in any type of building.
EXCEPTION: Areas containing dumpsters or containers protected by an approved automatic sprinkler system.
Section 11.403(a). It shall be unlawful to transport, or permit to be transported, or towed, any asphalt kettle beneath which is maintained any open fire, heated coals, or ashes, or which has fuel lines connected to the kettle, over any highway, road, or street. Asphalt kettles shall not be used inside of any building, or under, or on the roof of any building. There shall be at least one approved fire extinguisher or a minimum 20 B:C classification within 30 feet of each asphalt kettle during the period such kettle is in use, and one additional 20 B:C classification fire extinguisher on the roof being covered.
Section 12.104(b) EXCEPTION 1: This requirement shall not apply to exterior exit doors in a Group B Occupancy if there is a readily visible, durable sign on or adjacent to the door, stating “THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS.” The sign shall be in letters not less than 1 inch high on a contrasting background. The locking device must be of a type that will be readily distinguishable as locked. The use of this exception may be revoked by the chief for due cause.
Section 25.106(b)2. EXCEPTION: In Group A, Divisions 2.1 and 3 Occupancies, such as restaurants, bars, bowling alleys, auditoriums and similar commercial uses, and in churches, panic hardware may be omitted from the main exit when the main exit consists of a single door. A key locking device may be used in place of the panic hardware, provided there is a readily visible metallic sign adjacent to the doorway stating THIS DOOR MUST REMAIN UNLOCKED DURING BUSINESS HOURS. The sign shall be in letters not less than 1 inch high on a contrasting background. When unlocked, a single door must be free to swing without operation of any latching device. Flush, edge or surface bolts or any other type of device that may be used to close or restrain the doors, other than by operation of the locking device, are prohibited. The use of this exception may be revoked by the chief.
Section 35.102(a)(4). Kept free from all combustible waste and be kept broom-swept clean. Unoccupied tenant spaces shall have the sprinkler system complete prior to occupancy of the wall.
Section 49.107(m). A 5B:C fire extinguisher shall be mounted on all portable welding and cutting carts.
Section 79.201(a). This division shall apply to the storage of flammable and combustible liquids in drums or other containers not exceeding 60-gallon individual capacity and the storage of portable tanks not exceeding 1000 gallons aggregate. For the purpose of this article, flammable aerosols and unstable liquids shall be treated as Class I-A liquids.
EXCEPTIONS:
1. Liquids in the fuel tanks of motor vehicles, aircraft, boats, or portable or stationary engines.
2. Alcoholic beverages in retail sales or storage uses, provided the liquids are packaged in individual containers not exceeding 4 liters.
3. Medicines, foodstuffs and cosmetics, containing not more than 50 percent by volume of water-miscible liquids and with the remainder of the solution not being flammable, in retail sales or storage uses when packaged in individual containers not exceeding 4 liters.
4. The storage of liquids that have no fire point when tested in accordance with U.F.C. Standard No. 9-6.
5. The storage of distilled spirits and wines in wooden barrels or casks.
Portable tanks exceeding 1000 gallons aggregate shall comply with Division V.
Section 79.501. The storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the city. All existing nonconforming tanks that substantially comply with or are made to comply with the requirements of this code may be continued in use, and a permit therefor shall be granted.
Section 79.902(c). When installation of tanks in accordance with Division VI is impractical or because of property or building limitations, tanks for Class I, II or III-A liquids may be installed in buildings or aboveground outside of buildings if enclosed as follows: Enclosure shall be liquid tight and vapor tight without backfill. Sides, top and bottom of the enclosure shall be of reinforced concrete at least 6 inches thick, with openings for inspection through the top only. Tank connections shall be so piped or closed that neither vapors nor liquid can escape into the enclosed space. Means shall be provided whereby portable equipment may be employed to discharge to the outside any vapors which might accumulate should leakage occur.
Tanks containing Class I, II or III-A liquids shall not exceed 1000 gallons aggregate.
Section 79.903(b). The dispensing of Classes I and II liquids into the fuel tank of a vehicle or into a container shall at all times be under the supervision of a qualified attendant. Service stations not open to the public do not require an attendant or supervisor. Such stations may be used by commercial, industrial, governmental or manufacturing establishments for fueling vehicles used in connection with their business. The attendant’s primary function shall be to supervise, observe and control the dispensing of Classes I and II liquids while said liquids are being dispensed. It shall be the responsibility of the attendant to prevent the dispensing of Classes I and II liquids into portable containers not in compliance with Section 79.902(e), to control sources of ignition, and to immediately handle accidental spills and fire extinguishers, if needed. If the dispensing of Classes I and II liquids at a service station available and open to the public is to be done by a person other than the service station attendant, the nozzle shall be a listed automatic-closing type, without a latch-open device.
Section 79.1206
(a) No person shall leave a tank vehicle unattended on any street, highway, avenue or alley, except that this shall not prevent:
(1) Stops for meals during the day or night, if the street is well lighted at the point of parking.
(2) When, in case of accident or other emergency, the operator must leave to obtain assistance.
(b) No person shall park a tank vehicle at any one point for longer than one hour except:
(1) Inside a bulk plant and twenty-five feet from the property line or within a building approved for such use.
(2) At other approved locations not less than fifty feet from any building except those approved for the storage or servicing of such a vehicle.
(3) When, in case of breakdown or other emergency, the operator must leave the vehicle to take necessary action to correct the emergency.
(c) Tank vehicles shall not be parked or garaged in any building other than those specifically approved for such use by the chief.
(d) Tank vehicles used for flammable and combustible liquids shall be repaired only in locations approved by the chief.

(Ord. 86-06 § 1, 1986)

8.16.070 Additions to Uniform Fire Code.

The following sections are hereby added to the Uniform Fire Code to read as follows:

Section 4.101.18.F. To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of any special enclosure in buildings or aboveground outside of buildings. See Article 79.
Section 11.201(e). Every building or portion of a building governed by these regulations shall be maintained in a neat and orderly manner, free from any condition that would create a fire or life hazard or conditions which would add to or contribute to the rapid spread of fire.
Section 79.1204(n). Tank vehicles shall be parked on private property while being unloaded. It shall be unlawful to unload any tank vehicle while it is parked on any street, highway, avenue, alley, or other public right-of-way. While a tank vehicle is being unloaded, it shall not be parked in such a manner as to be endangered by other traffic.

(Ord. 86-06 § 1, 1986)

8.16.080 Fire hazards.

The fire chief may order the operation or use stopped, or the evacuation of any premises, building or vehicle or portion thereof, that has or is a fire hazard. (Ord. 86-06 § 1, 1986)

8.16.090 Leaving fire unattended prohibited.

It is unlawful to leave, or cause or permit to be left, any outdoor or open fire unattended by an adult person. Before leaving any such fire, the person or persons in charge of the fire shall thoroughly extinguish same by completely covering it with dirt, saturating it with water, or otherwise treating it in a manner to prevent rekindling of the fire. (Ord. 86-06 § 1, 1986)

8.16.100 Allowing fire to escape prohibited.

It is unlawful for any person to allow a fire kindled or attended by him to escape from his control or to spread to the lands of another. (Ord. 86-06 § 1, 1986)

8.16.110 Interfering with fire extinguishing.

It is unlawful for any person at the scene of any fire to disobey the lawful orders of the fire chief, or of his duly authorized agents; to offer any resistance to or interference with the lawful efforts of the fire chief to extinguish any fire; to engage in any disorderly conduct calculated to prevent any fire from being extinguished; or to forbid, prevent, or dissuade others from assisting in extinguishing any fire. (Ord. 86-06 § 1, 1986)

8.16.120 Firebreaks around structures.

Any person owning, leasing, controlling, operating or maintaining any cabin, house, hotel, apiary, incinerator, or other building or structure upon or adjoining any forest, or brush-covered land, or land covered with flammable growth, and any person owning, leasing or controlling any land adjacent to such structures, shall at all times maintain on such land around and adjacent to such cabin, house, hotel, apiary, incinerator, building or structure an effective fire protection or fire-break, made by removing and clearing away, for a distance therefrom of not less than 30 feet on each side thereof, flammable vegetation or growth or other combustible material. (Ord. 86-06 § 1, 1986)

8.16.130 Assistance at fires.

The fire chief, and his duly authorized agents, shall have authority to call upon able-bodied male persons between the ages of 19 and 50 years in the city for assistance in putting out fires, and it shall be the duty of such persons to obey such summons. (Ord. 86-06 § 1, 1986)

8.16.140 Fuel tank standards.

It is unlawful for any person, firm or corporation in the city, whose business it is to distribute flammable liquids for the purpose of refueling storage tanks, to fill tanks that are not properly installed in accordance with this chapter, and in a manner that meets all recognized good safety standards. (Ord. 86-06 § 1, 1986)

8.16.150 Homes – Inspection required.

Homes for the full care of six or fewer individuals shall be required to have an inspection by the fire chief. (Ord. 86-06 § 1, 1986)

8.16.160 Homes – Fire alarms required.

Homes for the full care of six or fewer individuals shall have an approved product of combustion detector fire alarm device installed and placed, as to location of such unit or units, as required by the fire chief. (Ord. 86-06 § 1, 1986)

8.16.170 Day care – Fire alarms required.

All day care centers that provide sleeping area shall have an approved product of combustion detector fire alarm device installed and placed, as to location of such unit or units, as required by the fire chief. (Ord. 86-06 § 1, 1986)

8.16.180 Enforcement.

The fire chief is empowered, and it shall be his duty, to enforce the provisions of this chapter. Any person whose duty it is to enforce the provisions of this chapter may, at any reasonable time, enter upon private property for such purpose. It is unlawful for any person to interfere with, oppose or resist any authorized person enforcing this chapter. (Ord. 86-06 § 1, 1986)

8.16.190 Arrest powers.

Pursuant to the provisions of California Penal Code Section 836.5, the fire chief is authorized to arrest without a warrant and issue a written notice to appear whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of this chapter or a violation of any other ordinance or statute which he has a duty to enforce. (Ord. 86-06 § 1, 1986)

8.16.200 Authority to carry firearms.

Pursuant to the provisions of Section 830.3 of the California Penal Code, the fire chief and such employees as he may designate, in writing, are authorized to carry weapons when acting in the course and scope of their employment. (Ord. 86-06 § 1, 1986)

8.16.210 Penalty for violation.

It is unlawful for any person to violate any of the provisions of the Uniform Fire Code or of this chapter, or to violate or fail to comply with any order made thereunder, or to build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or to violate any of the provisions of a certificate or permit issued thereunder. Any such person, for each and every violation and noncompliance respectively, shall be guilty of a misdemeanor, except as noted in Section 3.101 of the Uniform Fire Code, punishable by a fine of not more than $1,000, or by imprisonment for not more than six months, or by both fine and imprisonment. (Ord. 86-06 § 1, 1986)

8.16.220 Continued violations.

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 10 days that prohibited conditions are maintained shall constitute a separate offense. (Ord. 86-06 § 1, 1986)