Chapter 7.04
FIRE CODE
Sections:
7.04.010 Adoption.
That a certain document, a copy of which is on file in the Office of the City of Newman Fire Department Prevention Division, being marked and designated as the California Fire Code, 2022 Edition, including Appendix Chapter 4, Appendices D, E, F, G, I, K, and Division II, Administration, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Newman, in the State of California, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the Office of the City of Newman are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008. Formerly 7.05.010)
7.04.020 Deletions.
There are deleted from the 2022 California Fire Code the following sections: (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008. Formerly 7.05.020)
7.04.030 Amendments.
The following sections of the California Fire Code, 2022 Edition, are amended to read as follows:
A. Title. Section 101.1 of the 2022 California Fire Code is hereby amended to read as follows:
1. These regulations shall be known as the Fire Code of the City of Newman, hereinafter referred to as “this code.”
B. Board of Appeals. Section 111.1 of the 2022 California Fire Code is hereby amended to read as follows:
1. Applicant may appeal the decision of the Chief to the City Manager within thirty (30) days from the date of the decision being appealed whenever the Chief:
a. Disapproves an application for use of alternate materials, methods and/or types of construction,
b. Disapproves an application for a permit or refuses to grant a permit applied for,
c. When it is claimed that the provisions of the code do not apply, or
d. That the true intent and meaning of the code have been misconstrued or wrongly interpreted.
C. Violations, Penalties. Section 112.4 of the 2022 California Fire Code is hereby amended to read as follows:
1. Criminal Violations. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this title or any chapter of the California Fire Code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor; except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the City of Newman Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six (6) months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars ($250.00) and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars ($500.00).
2. Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
D. Administrative Penalties. In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 112.4.1, Abatement of violation, of the California Fire Code, for violating any of the requirements set forth in this Code.
1. Any administrative penalties assessed shall be as follows:
a. For violations of California Fire Code Section 5601.1.3, Fireworks, possession, sale, use or discharge of dangerous fireworks, the administrative penalty shall be $1,000 for each specific act found to be in violation of that section.
b. For all other violations of this title or any chapter of the California Fire Code, the amount of the administrative penalty shall be $100.00 for the first violation, $200.00 for a second violation within any 12-month period and $500.00 for any subsequent violations within any 12-month period.
c. All administrative penalties will be collected in accordance with Chapter 8.06 NCC.
E. Fees.
1. Permit Fee. The City Council of the City of Newman may, by resolution adopted from time to time, charge a fee for any permit issued pursuant to the Fire Code.
2. Plan Check Fee. When a plan is required to be submitted, the plan-checking fee shall be paid at the time of submitting plans and specifications for checking.
3. Where plans are incomplete, or changed so as to require an additional plan check, an additional plan-check fee shall be charged at a rate shown in a schedule setting forth fees as adopted from time to time by resolution of the City of Newman.
F. Water Supplies and Fire Hydrants. Section 507.5.1, Where required, of the 2022 California Fire Code is hereby amended to read as follows:
1. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 150 feet (45,720 mm) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official.
a. Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1, 903.3.1.2, or 903.3.1.3, the distance requirement shall not be more than 500 feet (152,400 mm).
2. Fire hydrants shall be located on the supply side of the fire suppression system check valve.
3. Fire hydrants shall be accessible to the Fire Department apparatus by roads meeting the requirements of Section 503.1 and Appendix D.
G. Automatic Sprinkler Systems, Section 903.2 of the 2022 California Fire Code is hereby amended to read as follows:
1. New Construction. An approved automatic fire sprinkler system is required in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when the total floor area under one roof exceeds five thousand (5,000) square feet. Area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems required by this section.
a. Exceptions:
i. Buildings and structures classified as F-1 Nut Hullers less than 12,001 square feet and unattached Group U occupancies as classified by the Stanislaus County Building Code Official.
ii. If the provisions of 903.2.1 through 903.2.21 are more restrictive, then the more restrictive requirement shall apply.
1. Existing Buildings. Section 903.2.22 is hereby added to the 2022 California Fire Code to read as follows:
a. An approved automatic fire sprinkler system shall be installed in all existing buildings and structures when additions or alterations are made that cause the said building or structure to exceed five thousand (5,000) square feet.
i. Exceptions:
(A) Buildings and structures classified by the City of Newman Building Official as unattached U occupancies.
(B) Buildings and structures classified by the City of Newman Building Official as Residential Group R-3 occupancies.
(C) Each portion of an existing building or structure is separated by one or more firewalls that limit each fire area to a maximum of (5,000) square feet.
H. Fire Alarm Systems. Section 907.1.3.1, Equipment, of the 2022 California Fire Code is hereby amended by adding the following:
1. A certificate from Underwriters Laboratories (UL) shall be required on all commercial fire alarm systems installed after the effective date of this ordinance. UL certification is required to be maintained for commercial fire alarm systems throughout the life of the alarmed building.
I. Open Burning, Recreational Fires, and Portable Outdoor Fireplaces. Section 307.1, General, of the 2022 California Fire Code is hereby amended by adding the following:
1. Open burning. No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled, conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and compliance with all safeguards pursuant thereto. Any such permitted burning shall be restricted to agricultural purposes and confined to areas of the City of Newman in which agricultural uses are lawful.
J. Type of Lock or Latch For Premises Where Gold or Bullion is Traded. Section 1010.1.9.14 of the 2022 California Fire Code is amended to add as follows:
1. An exit door from a business which has as its primary commercial activity the sale, resale, exchange, or trade of gold or silver coin, bullion, or metal ore may be equipped with a locking mechanism which is not able open from inside without the use of a key or which requires special knowledge or effort so long as all of the following conditions are met during all times that the business is open to the public:
a. The locking mechanism is connected to a smoke detector system in such a manner that activation or malfunction of the smoke detector system results in automatically unlocking the exit door;
b. The locking mechanism is connected to the electrical power supply for the building in such a manner that any loss of electrical power to the building results in automatically unlocking the exit door;
c. Two (2) employees must be within the area of the premises used for retail purposes, including adjacent service and utility rooms, at all times; and
d. A sign is permanently posted upon the premises so as to be readily seen by any person or persons entering the business stating that the management electronically controls ingress and egress.
K. False Alarms. Section 907.1.6 of the 2022 California Fire Code is hereby added to read as follows:
1. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted. The City of Newman may adopt by resolution reasonable fees to recover the costs associated with responses to buildings or structures that have excessive false alarms.
L. Outdoor Storage of Pallets. Section 2810 of the California Fire Code is hereby amended by adding the following:
1. 2810.12 Additional Requirements for Outdoor Storage of Pallets.
a. Open yards required by the California Building Code shall be maintained around structures.
b. Piles shall be a minimum of twenty-five (25) feet from a structure.
c. The maximum dimensions of a pile shall not exceed twenty (20) feet by seventy (70) feet.
d. There shall be ten (10) feet of aisle ways between piles.
e. Piles shall be placed in grids not to exceed one hundred forty (140) feet by one hundred fifty (150) feet. Permanent floor markings red in color may be required by the Fire Code Official.
f. Each grid shall be separated by an approved fire apparatus access road.
g. Permanent pallet storage areas shall be surrounded by an approved fence. Fences shall be a minimum of six (6) feet in height above grade.
Note: Pallets shall not obstruct fire apparatus roadways or access to water supplies.
M. Repealed by Ord. 2022-4.
N. Operating Heating, Lighting, and Cooking Appliances Prohibited. Section 5705.3.3 of the 2022 California Fire Code is hereby amended to include the following:
1. Heating, lighting, and cooking appliances that utilize Class I, Class II, and III Liquids shall not be operated within a building or structure.
a. Exception: Operation in single-family dwellings.
O. Transfer Operations. Section 5706.6.2, Parking, of the 2022 California Fire Code is hereby amended by adding the following:
1. Parking of tank vehicles shall be in accordance with sections 5706.6.2.1 through 5706.6.2.3. Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twenty-four (24) hours while connected for transfer operations.
P. Key Boxes. Section 506.1, Where Required, of the 2022 California Fire Code is amended to read as follows:
1. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, an approved key box shall be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the Fire Chief.
Q. Deposits of Hazardous Materials – Cleanup, Abatement, or Mitigation Required – Liability for Costs. Section 5003.3.1.4 of the 2022 California Fire Code is hereby amended to read as follows:
1. Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Chief, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.
2. For purposes of this section, costs incurred by the City of Newman shall include, but shall not necessarily be limited to, the following: actual labor costs of City of Newman personnel, including worker’s compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City of Newman; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.
R. General Safety Precautions. Section 312.2, Posts, of the 2022 California Fire Code is hereby amended to read as follows:
1. Protection from vehicles: Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:
a. Constructed of steel not less than six (6) inches in diameter and concrete filled,
b. Spaced not more than four (4) feet between posts on center,
c. Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter,
d. Set with the top of the posts not less than three (3) feet above ground, and
e. Located not less than five (5) feet from the tank.
S. Outside Storage and Use of Liquefied Petroleum Gases. Section 6104.2, Container Location, of the 2022 California Fire Code is amended to add as follows:
1. The outside storage of liquefied petroleum gas (LP-gas) shall conform to the provisions of City of Newman zoning ordinances. The outside storage and use of liquefied petroleum gases is restricted as specified in this section.
a. Storage and dispensing of LP-gas for resale purposes, into approved containers and vehicles, is restricted to those areas of the City of Newman zoned as Commercial-Light Industrial, Heavy Industrial, and, in addition thereto, to other commercially zoned properties used as automotive service stations. Only qualified persons shall perform dispensing.
b. Dispensing of LP-gas for private use is restricted to those zones identified above in subsection S:1, and when approved by the Chief, may be permitted in those areas of the City of Newman designated Commercial. Only qualified persons shall perform dispensing.
c. For cooking, lighting, or heating in a building, only on a property that does not have natural gas service existing on a boundary line of said property or when prohibition of such storage would cause undue hardship.
d. For temporary use on construction sites, when authorized by the Chief.
e. For use as an alternative fuel supply for an emergency standby generator, when authorized by the Chief.
f. For use with certain mobile vending and certain commercial barbecue equipment and other specific uses when authorized by the Chief.
g. For use by Artisans in pursuit of their trade, when authorized by the Chief.
h. Storage of portable containers awaiting exchange may be permitted in commercially zoned areas of the City of Newman, when approved by the Chief and stored in accordance with Section 6109.
i. Containers that exceed 2,000 gallons shall comply with Stanislaus County Fire Wardens Fire Prevention Bureau procedures.
T. Permits and Plans for Liquefied Petroleum Gases. Sections 6101.2 and 6101.3 of the 2022 California Fire Code are hereby amended to read as follows:
1. Permits. Permits shall be required as set forth in sections 105.5 and 105.6.
2. Distributor shall not fill an LP-Gas container for which a permit is required unless the fire code official has issued a permit for installation for that location.
a. EXCEPTION:
i. Containers not exceeding five (5) gallon water capacity, used for “barbecue” cooking, when used and stored outside of buildings.
ii. Approved containers not exceeding sixteen and four-tenths (16.4) ounces when displayed for sale in mercantile occupancies.
iii. Factory installed containers for recreational vehicles not exceeding ten (10) gallon water capacity.
iv. Factory installed tanks that are permanently attached to recreational vehicles.
U. Outside Storage and Use of Liquefied Petroleum Gases. Section 6104.2 of the 2022 California Fire Code is amended as follows:
i. The outside storage of liquefied petroleum gas (LP-gas) shall conform to the provisions of City of Newman zoning ordinances. The outside storage and use of liquefied petroleum gases is restricted as specified in this section.
ii. Storage and dispensing of LP-gas for resale purposes, into approved containers and vehicles, is restricted to those areas of the City of Newman zoned as Commercial-Light Industrial, Heavy Industrial, and in addition thereto, to other commercially zoned properties used as automotive service stations. Only qualified persons shall perform dispensing.
V. Locations Where Above-ground Tanks Are Prohibited. Section 5704.2.9.6.1 of the 2022 California Fire Code is amended as follows:
(A) All R-1, R-2, and R-3 zoning designations as identified by Title 5 Zoning of the Newman City Code.
W. Locations Where Above Ground Tanks Are Prohibited. Section 5706.2.4.4 of the 2022 California Fire Code is amended as follows:
(C) All R-1, R-2, and R-3 zoning designations as identified by Title 5 Zoning of the Newman City Code.
X. Maximum Capacity Within Established Limits. Section 6104.2 of the 2022 California Fire Code is amended as follows:
i. In the incorporated boundary within the City of Newman.
Y. Supervision and Communication System. Section 907.2.1.4 of the 2022 California Fire Code is hereby added to read as follows:
1. Supervision. Places of assembly shall be under the constant supervision of a competent adult on the premises during the time that the premises are open to the public.
2. Communications. When required by the chief, places of assembly shall be provided with a method for notifying the fire department in the event of an emergency. Such method can consist of a telephone, an alarm system connected to the fire department or other approved agency, or other approved means. Methods of notifying the fire department shall be readily available to the public.
Z. Powered Industrial Truck Operation. Section 309.8 of the 2022 California Fire Code is hereby added to read as follows:
1. Powered Industrial trucks shall be listed and labeled for use in the environment intended and shall be in accordance with nationally recognized standards.
AA. Maintenance of Protected Aboveground Tanks. Section 5704.2.9.8 of the 2022 California Fire Code is hereby added to read as follows:
1. Protected aboveground tanks and connected piping shall be maintained in a safe operating condition. Protected aboveground tanks shall be maintained in accordance with their listings. Damage to protected aboveground tanks shall be repaired using material having equal or greater strength and fire resistance or the protected aboveground tank shall be replaced or taken out of service.
(Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008. Formerly 7.05.030)