Chapter 8.28
FIRE PREVENTION AND LIFE SAFETY CODE1
Sections:
8.28.010 Findings.
8.28.020 Adoption by reference.
8.28.030 Establishment and duties of the division of fire and life safety.
8.28.040 Definitions.
8.28.050 Establishment of limits within the city of Benicia where materials regulated by this code are prohibited or limited.
8.28.060 Amendments made in the California Fire Code.
8.28.070 Penalties.
8.28.010 Findings.
That portion of the California Fire Code that imposes substantially the same requirements as are contained in the International Fire Code, 2009 Edition, published by the International Code Council and the California Building Standards Commission with errata, together with those portions of the International Fire Code, 2009 Edition, including Appendix Chapters 4, A, B, C, D, E, F, G, and I, as modified and amended by this chapter, are adopted by this reference into this chapter, and are hereby collectively declared to be the fire code of the city of Benicia, 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 fire marshal 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, prescribed in BMC 8.28.060.
This code adopts changes, modifications and requirements not mandated by the California Fire Code (CFC) and International Fire Code (IFC) because of local climatic, geological or topographical conditions. The modifications are needed due to the following local conditions that exist in Benicia and on the following findings:
A. The city is geographically situated in an area subject to frequent periods of strong, gusty winds from the southwest and north. In addition, temperatures during the summer months range from 80 to 100-plus degrees. During this period, the relative humidity can fall below 20 percent. The city contains a significant amount of hilly, undeveloped acreage designated as permanent open space. This wildland/urban interface, in conjunction with the hot, dry and windy climatic conditions, creates a hazardous situation that has led to extensive grass and brush fires in recent years. With more development extending into and adjacent to the open space areas, heat- and wind-driven fires could lead to serious consequences.
B. The city is divided by several topographic features, including Interstates 680 and 780. As a result, the city is primarily divided into three parts. Traffic within and between the parts of the city is channeled onto several major thoroughfares that must cross freeways by way of underpasses and overpasses. In addition, it is bordered on two sides by the Carquinez Straits. Periodic heavy traffic congestion on the city’s major streets and interstates acts as a barrier to timely response for fire and emergency service vehicles. Because of traffic or accidents, there could be times that fire equipment could be sufficiently slowed to increase the risk of substantial structural damage. With the possibility of fire services unable to guarantee rapid response to various sections of the city during these times, it is necessary to mitigate this problem by requiring built-in automatic fire protection systems which provide for early detection and suppression until the arrival of firefighting equipment and other emergency services.
C. The city is subject to ground tremors from seismic events on the San Andreas, Concord/Green Valley, Hayward, and/or other major active faults in the greater San Francisco Bay area. The Concord/Green Valley fault is immediately adjacent to the city to the north. Seismological evidence indicates the probability of an earthquake in the region capable of doing significant damage to buildings is high. A major seismic event would create a citywide demand on fire protection services, which would be beyond the response capability of the fire department. This problem can be lessened or mitigated by requiring initial fire control through the installation of automatic fire protection systems. (Ord. 10-04).
8.28.020 Adoption by reference.
A. International Fire Code Adopted. That portion of the California Building Standards Code that imposes substantially the same requirements as are contained in the International Fire Code, 2009 Edition, published by the International Code Council and the California Building Standards Commission with errata, together with those portions of the International Fire Code, 2009 Edition, including Appendix Chapters 4, A, B, C, D, E, F, G and I, as modified and amended by this chapter, are adopted by this reference into this chapter, and are hereby collectively declared to be the fire code of the city of Benicia for the purpose of regulating and governing the safeguarding of life, property and public welfare to a reasonable degree from the hazards of fire, hazardous materials release and explosion(s) arising from the storage, use and handling of dangerous and hazardous materials, substances and devices, and conditions hazardous to life or property in the occupancy and use of buildings and premises, the operation, installation and maintenance of adequate means of egress not provided for by the building code, and providing for the issuance of permits and collection of fees thereof.
B. The city of Benicia adopts the 2010 Edition of the California Fire Code (2009 International Fire Code as amended by 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 in the city of Benicia; providing for the issuance of permits and collection of fees therefor; and repealing Chapter 8.28 BMC and all other ordinances and parts of the ordinances in conflict therewith. (Ord. 10-04).
8.28.030 Establishment and duties of the division of fire and life safety.
The California Fire Code as adopted and amended herein shall be enforced by the fire and life safety division in the fire department of the city of Benicia which is hereby established and which shall be operated under the supervision of the fire chief of the fire department. All members of the fire department may enforce the California Fire Code as adopted and amended herein. (Ord. 10-04).
8.28.040 Definitions.
As used in this chapter, the following terms shall have the meanings set forth herein below:
A. Jurisdiction. Whenever the word “jurisdiction” is used in the California Fire Code, it is the city of Benicia.
B. Fire Code Official. Whenever the words “fire code official” are used, they shall be held to mean fire marshal.
C. Bureau. Whenever the words “bureau of fire prevention,” or “bureau,” are used, they shall be held to mean the fire and life safety division. (Ord. 10-04).
8.28.050 Establishment of limits within the city of Benicia where materials regulated by this code are prohibited or limited.
A. Establishment of Limits in Which Storage of Liquefied Petroleum Gases Is to Be Restricted. The limits referred to in Section 3804.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: The bulk storage of liquefied petroleum gas is prohibited in all residentially zoned areas of the city, excluding public and public safety facilities.
B. Establishment of Limits in Which the Storage of Stationary Tanks of Flammable Cryogenic Fluids Is to Be Prohibited. The limits referred to in Section 3204.3.1.1 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as follows: Any area which is zoned for other than industrial use.
C. Establishment of Limits in Which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks; Bulk Plants or Terminals; and Bulk Transfer Operations Is to Be Prohibited. The limits referred to in Section 3404.2.9.6.1 of the California Fire Code in which storage of Class I and II liquids in outside aboveground tanks is prohibited are hereby established as follows:
1. Storage of flammable or combustible liquids in excess of 2,000 gallons shall be limited to refineries or bulk storage plant locations.
2. Storage shall be limited to public, limited industrial (IL), general industrial (IG), and water-related industrial (IW) zoned districts or public safety facilities. (Ord. 10-04).
8.28.060 Amendments made in the California Fire Code.
The California Fire Code is amended and changes in the following respects:
A. Section 101.1 – Title. Section 101.1 of Chapter 1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Benicia, hereinafter referred to as “this code.”
B. Section 104.3.2 – Fire Clearance. Section 104.3.2 of Chapter 1 is added to read:
104.3.2 Fire Clearance. It shall be unlawful for any person, firm or corporation to operate a business unless a fire clearance inspection has been made and such businesses are in compliance with all fire department requirements.
C. Section 104.10.1 – Assistance from other agencies. Section 104.10.1 of Chapter 1 is added to read:
104.10.1 Fire Prevention Bureau Personnel and Police. All sworn safety personnel assigned to the Fire and Life Safety Division, or such other full-time Fire Department officers or fire prevention personnel including the Community Preservation Officer(s), as may be authorized by the Chief, shall be peace officers as described in Section 830.37 of the California Penal Code and shall enforce the Penal Code, California Fire Code, and where necessary and appropriate, any sections of the Benicia Municipal Code, California Health and Safety Code, and any other county or state fire-related laws or codes not specifically covered in any part of this Code. These police powers include the issuance of misdemeanor citations (Notice to Appear), and as approved by the Chief, carrying and use of firearms.
When requested to do so by the Fire Chief, the Chief of Police is authorized to assign such available police officers as necessary to assist the Fire Department in enforcing the provisions of this Code.
D. Section 105.4.2.2 – Plan Review and Fees. Section 105.4.2.2 of Chapter 1 is added to read as follows:
1. Plan Review: The Fire Code Official may review all plans for the construction or remodeling of buildings for the purpose of ascertaining and requiring to be corrected any condition liable to cause fire, or endanger life from fire or panic, or any violation of this Code, state laws and regulations, and any other local ordinances or requirements which the Fire Code Official may deem necessary. The Chief of the Fire Department may establish a schedule of fees, as approved by resolution of the City Council; to be charged and collected for plan checking and other required inspection services.
2. Fees. The Fire Chief may establish a schedule of fees, as approved by the City Council, to be charged and collected for plan checking, required inspection services, and for the issuance of permits pursuant to Section 105.7 of this Code. Fire service fees may be charged to any person, firm, corporation or business that through negligence, violation of the law or as a result of carelessness is responsible for the cause of any fire department response to the scene of such an incident. A copy of fee schedules shall be kept in the office of the City Clerk and the office of the Fire Marshal, and shall be available for public inspection.
E. Section 108 Is Amended – Appeal Process. Section 108 of Chapter 1 is amended to read as follows:
108 - Appeal Process. Section 108 of Chapter 1 is amended to read as follows:
108.1 Board of Appeals established. When it is claimed that the provisions of this Code do not apply, or that the true intent and meaning of this Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Manager within 30 days from the date of the decision of the Chief of the Fire Department. The City Manager, or the Manager’s duly authorized representative, shall be the hearing officer and his or her decision shall be final.
F. Section 109.3 – Violation Penalties. Section 109.3 of Chapter 1 is amended to read as follows:
109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of an Infraction or Misdemeanor as specified in the California Penal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
G. Section 110.4.1 – Abatement of Hazards. Section 110.4.1 of Chapter 1 is added to read as follows:
110.4.1 Abatement of Hazards. In situations where immediate abatement of a fire hazard or another potentially hazardous condition is required, the Fire Code Official shall have the authority to abate such hazard immediately. This may include, but is not limited to, confiscation of flammable liquids, fireworks, removing hazardous wiring and adapters, temporary closure of commercial occupancies, extinguishing unsafe or illegal fires and any other similar hazards, determining no smoking and ceasing operation of any type of apparatus that may be a danger to property or life. Costs of abatement may become a lien upon the property affected. Affected persons shall be notified of action taken as soon as possible.
H. Section 111.4 – Failure to Comply. Section 111.4 of Chapter 1 is amended to read as follows:
111.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than ($500.00) dollars or more than ($1,500.00) dollars.
I. Section 202 – General Definitions Fire Watch. Section 202 is amended by adding the following:
202 General Definitions Fire Watch. Qualified individual(s) shall mean an employee of an acceptable security guard/patrol service.
J. Section 307.6 – Open Burning. Section 307.6 of Chapter 1 is added to read as follows:
1. 307.6 Open Burning. No person may ignite, permit or maintain an open fire within the city.
2. Open Outdoor Fires – Exceptions. The following are exceptions from the prohibitions in Section 307.6:
(a) Fire for cooking of food for human consumption, where such use is accomplished in an approved barbecue pit.
(b) Fire for recreational heating, where such use is accomplished in an approved fireplace.
(c) A fire set or permitted by a public fire official in the performance of official duties.
K. Section 502.1 of Chapter 5 is amended to add the following definition:
502.1 All Weather Driving Surface. A roadway designed to carry the imposed weight loads of fire apparatus complete with all underground utilities, curbs, gutters, and a minimum surface finish of one layer of asphalt or concrete or road pavers.
L. Section 503.1.2.1 – Access to Open Spaces. Section 503 of Chapter 5 is amended to read as follows:
503.1.2.1 Access to Open Spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by vehicles of any kind, or other obstructions both within the access or the road or street access to the open space, the vehicle or obstruction may be removed and the cost of such removal will be assessed to the responsible party or vehicle owner.
M. Section 503.2.1 – Dimensions. Section 503.2.1 is amended to add subsection 503.2.1.2 as follows:
503.2.1.2 Parking of vehicles on fire apparatus access roads. For the parking of vehicles on a fire apparatus access road, roadway widths shall be increased to accommodate the parking of vehicles as follows:
1. Roadways 20 feet (6096 mm) in width, no parking permitted,
2. Roadways 28 feet (8534 mm) in width, parking permitted on one side only. Parking is permitted on the side of the street absent fire hydrants, and
3. Roadways 36 feet (10 973 mm) in width when parking is not restricted.
N. Section 503.2 – Specifications. Sections 503.2.4 and 503.2.5 are amended as follows:
503.2.4 Minimum turning radius. A fire department access road shall have a minimum standard turning radius of 30 feet inside and a 42-foot outside diameter.
503.2.5 Dead ends. Dead end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turning around aerial fire apparatus.
O. Section 503.2.7 – Grade. Section 503.2.7 is amended in its entirety and replaced as follows:
503.2.7 Grade. A fire department access road having a grade of between 12% and 15% shall be designed to have a finished surface of grooved concrete or rough asphalt to hold a 50,000-pound traction load. Design for grooved concrete shall be 1/4 inch (6 mm) wide by 1/4 inch (6 mm) deep and 3/4 inch (19 mm) on center. Grades exceeding 15% are not permitted.
Exception: Other approved all weather surfaces may be used if the skid resistance is equivalent to or greater than grooved concrete as certified by a registered engineer and approved by the Fire Code Official.
P. Section 503.2 – Specifications. Section 503.2 is further amended to add Section 503.2.9 as follows:
503.2.9 Roadway minimum design weight load capacity. A fire department access road shall be designed and maintained to support a minimum load of 60,000 pounds (H-20 Cal-Trans Design Standard) and shall be provided with an all-weather driving surface as specified in this standard.
Q. Section 503.3.1 – Access-Parking Prohibited. Section 503.3.1 is added to read:
503.3.1 Access-parking Prohibited. If, in the judgment of the Fire Code Official, it is necessary to prohibit vehicular parking along public or private driveways and other access ways devoted to public use in order to maintain clear and unobstructed access, the Fire Code Official may require the owner, lessee, or other person in charge of the premises to paint the curbs red, install signs, or give other appropriate notice that parking is prohibited. It shall thereafter be unlawful for any such owner, lessee, or other person in charge to fail to install and maintain in good condition the painted curbs, signs, or other appropriate notice so prescribed. When such areas are marked or signed as provided herein, it shall be unlawful for any person to park or leave standing a vehicle adjacent to any such curb marking or contrary to such sign(s).
It shall be unlawful to park any vehicle or in any other way obstruct or block any “Fire Lane”, general access road to any building or complex, fire department connection, access roads or areas to any open space, no parking zones at fire stations or within 10 feet of any fire hydrant.
R. Section 505 – Premises Identification. Section 505.1 is added to read:
505.1 Address Identification. Any business or building that affords vehicular access to the rear through a driveway, alleyway, or parking lot, shall also display the building identification or address numbers on the rear of the building.
At the main entrance driveway to each newly constructed multiple dwelling complex, there shall be positioned an illuminated diagram (map) of the complex, which lists all individual addresses of each unit in the complex. The design and location of the map shall be approved by the Fire Marshal.
S. Section 507.5.1 – Where Required. Section 507.5.1 of Chapter 5 is amended to read:
507.5.1 Where Required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet 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.
Fire hydrants shall be placed as approved by the Fire Code Official within fifty (50’) feet of fire department connections on new construction.
T. Section 903.2 – Where Required. Section 903.2 through Section 903.2.10 of Chapter 9 is amended to read:
Section 903.2 Where Required. An approved automatic fire sprinkler system shall be installed and maintained in each new building, with the City requiring a building permit according to the following criteria:
1. A Building occupied or used for any purpose including occupancy group A, B, F, H, I, L, M, S, and U (as defined in the California Fire Code), where the fire flow requirements for the building are fifteen hundred gallons per minute or more based on Appendix B requirements.
Exception: Groups R-2.1, R-3.1, or R-4 occupancies are exempt unless otherwise provided for in this code and shall comply with the California Residential Code.
2. A building more than two stories or thirty-five feet in height;
U. Section 3302 – Firework Findings. Section 3302 is added to Chapter 33 to read as follows:
1. 3302 Firework Findings. The City Council finds that the sale, use and/or discharge of fireworks in the City, whether classified as “dangerous fireworks” and/or “safe and sane fireworks” pursuant to Health and Safety Code Sections 12500 et seq. will endanger life and property, and may encourage the use and/or discharge of fireworks in neighboring jurisdictions where their sale, use and/or discharge are prohibited.
2. 3302.1 Definitions. Any and all terms used in this article shall have the same meaning as defined in Health and Safety Code Sections 12500 et seq. and shall govern the construction of this article.
3. 3302.2 Applicability of State Law. This article does not supersede State law, but is intended to supplement the provisions of Division 11, Part 2, of the Health and Safety Code (Sections 12500 et seq.) and the administrative regulations adopted pursuant to law, and to prohibit and/or regulate by local authority, as authorized by Health and Safety Code Section 12541, the sale used and/or discharge of fireworks in the City.
4. 3302.3 Sale, Use, Possession and/or Discharge Prohibited. No person or organization shall sell, use, possess and/or discharge in the city any fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks, subject to the exceptions set forth in this article.
5. 3302.4 Seizure of Fireworks. The Fire Code Official is authorized to seize, take, remove or cause to be removed at the expense of the owner any and all fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks, which are possessed in violation of Article 78. Confiscation by any law enforcement officer and/or fire department official is subject to the exceptions set forth in this article.
Exceptions. This article does not prohibit, and does not authorize confiscation of fireworks possessed for, the following:
a. A public display of fireworks, including, but not limited to, dangerous fireworks and safe and sane fireworks, in the city; provided, that the person or organization is properly licensed, strictly complies with all applicable provisions of this article, all regulations adopted by the Fire Code Official, all city resolutions and ordinances, all provisions of the Health and Safety Code, and receives authorization of the Fire Code Official for the public displays of fireworks.
b. Any special item containing pyrotechnic compositions which the State Fire Marshal, with the advice of the State Advisory Board, has investigated and determined to be limited to industrial, commercial, agricultural use, or religious ceremonies when authorized by a permit granted by the authority having jurisdiction and is classified as “exempt fireworks” in the Health and Safety Code.
c. The use of torpedoes, flares, or fuses by railroads or transportation agencies for signal purposes or illumination.
d. The sale, use or discharge of blank cartridges for ceremonial purposes, athletic or sports events, or military ceremonies or demonstrations.
6. 3302.5 Bond – Insurance. An applicant for a permit to make a public display of fireworks shall furnish proof of adequate compensation insurance for employees as required by State law. The permittee shall furnish a bond or certificate of insurance in an amount deemed adequate by the Fire Code Official for payment of damages that may result to person(s) or property caused by the public display of fireworks or negligence on the part of the applicant or his agents or employees.
V. Section 4603.4 – Sprinkler Systems Where Required. Section 4603.4.1 through 4603.4.3.
Section 4603.4.3 – added to read where required. Section 4603.4.3 of Chapter 46 is added to read:
An approved automatic fire sprinkler system shall be installed and maintained in each new building and addition to an existing building and in the case of the major remodeling of an existing building, with the City requiring a building permit according to the following criteria:
1. A building occupied or used for any purpose including occupancy group A, B, F, H, I, L, M, S and U (as defined in the California Fire Code), Where the fire flow requirements for the building are fifteen hundred gallons per minute or more based on Appendix B requirements;
2. Each building existing on January 1, 2011 is exempt from this section until such time as:
a. Structural changes or tenant improvements of forty percent or greater are made to the building, or
b. The building adds or changes occupancy classification as defined in the California Building Code.
(Ord. 10-04).
8.28.070 Penalties.
A. Any person who violates any of the provisions of this code or standards hereby adopted 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 specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the fire code official 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 $50.00 nor more than $1,000 or by imprisonment for not more than six months or by both such fine and 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.
B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions or the invocation of other remedies provided in the Benicia Municipal Code or by other law.
C. Each person is guilty of a separate offense for each and every day during any portion of which the violation of this code is committed, continued, or permitted by that person. (Ord. 10-04).
For statutory provisions authorizing adoption by reference of nationally recognized codes, see Government Code § 50022.1 et seq.