Section 19.48.020

19.48.020 Amendments to the California Fire Code.

The following sections on the California Fire Code are adopted in their entirety subject to the modifications thereto which are set forth below.

A. Section 101.1 Title These regulations, shall be known as the Berkeley Fire Code, may be cited as such and will be referred to herein as “this code.”

B. Section 101.6. Expense of securing emergencies The expense of securing any emergency that is within the responsibility for enforcement of the Fire Chief as given in Sections 104.1 or 104.11 shall be a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up.

C. Section 104.12. Authority to arrest and issue citations The Fire Chief, Chief Officers, Deputy Fire Marshal, and Fire Inspectors shall have authority to arrest or to cite any person who violates any provision of this Chapter involving the International Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. It is the intent of the City Council that the immunities provided in Penal Code Section 836.5 are applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter.

D. Section 105.6.16. 12. To store, handle or use class III-B liquids with a flashpoint of less than 500 degrees F. in excess of 110 gallons.

E. Section 105.6.48 Christmas tree sales lot. To operate a Christmas tree sales lot.

F. Section 105.6.49 Escort convoy service. Police and/or Fire Department convoy service for vehicle transportation of extremely hazardous materials.

G. Section 105.6.50 General use permit. For any activity or operation not specifically described in this code, which the Fire Chief reasonably determines, may produce conditions hazardous to life or property.

H. Section 105.6.51 Parking facility, special events. To use buildings, structures or facilities for vehicle parking, includes parking for special events, which shall include, but is not limited to, football games.

I. Section 105.6.52 Bars on Windows and Doors. It is prohibited to install bars on exterior doors or windows of any sleeping rooms below the fourth floor in apartment houses, hotels, and motels

J. Section 108 Appeals Process.

K. Section 108.1 Appeals Procedure. Whenever the Fire Chief disapproves an application, refuses to grant a permit applied for, or revokes or suspends any permit or certificate already issued, an appeal there from may be taken to the City Council by the applicant or permit holder. Notice of the appeal must be filed in triplicate with the City Clerk of the City of Berkeley within ten (10) days from the date of mailing of the Fire Chief’s decision to the applicant or permit holder. The notice of appeal shall contain a statement of the reasons for the appeal. The City Clerk shall forward one copy thereof to the Fire Chief. Within ten (10) days after the filing of the notice of appeal, the Fire Chief shall transmit to the City Council all his/her records pertaining to the decision appealed there from.

L. Section 108.3 Stay of Proceedings. The filing of the notice of appeal shall stay all proceedings by all parties in connection with the matter upon which the appeal is taken until determination of the appeal as hereinafter provided, unless the Fire Chief determines that such a stay would result in an imminent threat to the public safety.

M. Section 108.4 Decisions. The City Council shall review the action of the Fire Chief and shall do any one of the following:

1. Refer the matter back to the Fire Chief.

2. If the facts stated in or ascertainable from the application, the Notice of Appeal, the written statement of the Fire Chief setting forth the reason for his/her decision, and the other papers, if any, constituting the record do not, in the opinion of the City Council, warrant further hearing, the City Council may affirm the decision of the Fire Chief. Such decision shall be final.

3. If, in the opinion of the City Council, said facts warrant further hearing, the City Council shall set the matter for hearing and shall give notice of the time and place of said hearing by mailing a copy of such notice by certified mail to the address of the applicant as stated in the Notice of Appeal, at least ten (10) days before the time fixed for the hearing. The City Council may continue the hearing from time to time.

4. Following such hearing, the City Council shall reverse, affirm wholly or partly modify any decision of the Fire Chief, or make any other decisions or determinations or impose such conditions as the facts warrant. Such decision or determination shall be final.

5. If none of the above actions have been taken by the City Council within thirty (30) days from the date the appeal first appears on the City Council agenda, then the decision of the Fire Chief shall be deemed affirmed and the appeal shall be deemed dismissed.

6. If the appeal is set for hearing, but the disposition of the appeal has not been determined within ninety (90) days from the date the appeal first appears on the City Council agenda, then the decision of the Fire Chief shall be deemed affirmed and the appeal deemed dismissed.

N. Section 109.1 Unlawful Acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code without first obtaining a permit, or to cause same to be done in conflict with or in violation of any of the provisions of this code, or to create, maintain or allow to continue any fire hazard.

O. Section 109.3 Violations. 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 the directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, but may be cited or charged, at the election of the enforcing officer or city attorney, as infractions, with the exceptions cited below in subsection R and subject to an election by the defendant under Penal Code Subsection 17 (d). Nothing in this section shall prevent any other remedy by law. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

P. Section 109.3.1 Misdemeanors. Notwithstanding Section 109.3, violation of any of the following provisions of this code shall be charged only as a misdemeanor:

1. Section 109.2.2 (Compliance with Notice and Orders)

2. Section 109.2.4 (Compliance with Tags)

3. Section 109.2.4 (Removal and Destruction of Signs and Tags)

4. Section 110.2 (Evacuation of an Unsafe Building)

5. Section 901.8 (Tampering With Fire Protection Equipment)

6. Section 401.3.1 (Transmitting False Alarms)

Q. Section 109.3.2 Work without a Permit. In addition to any and all remedies available to the fire code official as specified in Sections 109.3 and 109.3.1, contractors or other persons performing work without first obtaining a permit for the addition, change out, installation replacement, upgrade, of any fire alarm, fire suppression, or fire sprinkler system shall be required to pay three times the amount of the required fees to obtain a permit for the addition, change out, installation, replacement, upgrade of the fire alarm, fire suppression, or fire sprinkler system.

R. Section 110.2.1 Re-occupy No person shall reoccupy any building, which has been posted as specified in this subsection except for the purpose of securing same or making the required repairs or demolishing the building or structure, nor shall any person remove or deface any such notice so posted until the hazard(s) has been abated.

S. Section 110.4.1 Notice of hearing The abatement process shall be conducted in accordance with the notice and hearing requirements of the nuisance abatement provisions of Berkeley Municipal Code Chapter 1.24, including summary abatements of structures or premises determined by the City to constitute an imminent hazard or emergency condition.

T. Section 110.4.1.1 Authority to abate fire nuisance. The Fire Chief, Chief Officers, Deputy Fire Marshal, Fire Inspectors, Fire Officers and Acting Fire Officers shall have the authority to order the abatement of fire nuisances.

U. Section 110.4.2 Non-Compliance. Where the owner does not comply with an abatement order under Section 110.4.1 within the period specified, the City may perform or cause to be performed the necessary work. The costs incurred shall be recoverable under the procedures in Section 110.4.1.

Section 113.6 Fees. Fees for permits and inspections shall be set forth by the City Council by resolution.

V. 202 (Definitions – B) Berkeley Marina Area shall mean all those parts of the City of Berkeley west of the Interstate 80 Freeway.

W. Section 202 (Definitions – F) Fire Hazard means anything or act which increases or could cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. Fire hazards as defined herein are hereby declared to be public nuisances subject to abatement by the City.

X. Section 202 (Definitions – F) Fire Nuisance means anything or act, which is annoying, unpleasant, offensive or obnoxious because of fire.

Y. Section 202 (Definitions – J) Jurisdiction means the City of Berkeley.

Z. Section 202 (Definitions – W) Waste Oil is a Class III-B waste liquid resulting from the use of Class III-B combustible liquids such as waste motor oil, hydraulic oil, lubricating oil, brake fluids and transmission fluids.

AA. Section 504.4 Roof accessibility. No objects, devices, equipment, or systems shall be installed or mounted within eighteen inches of either side of a hip or ridge line or within three feet of a roof edge to allow access and egress for firefighting operations.

BB. Section 703.2.4 Fusible Links. Doors required for fire and smoke separation for interior exit stairways and floor separation in R-1 or R-2 occupancies shall not be maintained in an open position with fusible links.

CC. Section 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 46.

Exception: Sprinkler systems in residential/commercial mixed-use buildings are to be in accordance with NFPA 13.

DD. Section 903.3.8 Floor Control Valves. Floor control valves and water flow detection assemblies shall be installed at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet (9144 mm) above the lowest level of fire department vehicle access.

2. Buildings that are three or more stories in height.

3. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exception:

1. Group R-3 and R-3.1 occupancies floor control valves and water flow detection assemblies shall not be required.

2. Control valves in 3 stories building can be located adjacent to stairwells having exterior ground floor access, when approved.

EE. Section 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy.

FF. Section 903.2.10 Group S-2. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Section 406.4 of the California Building Code or where located beneath other groups or with U occupancies with installed parking lifts with no exceptions.

GG. Section 903.2.10.1 Commercial Parking Garages. An automatic sprinkler system shall be provided throughout buildings used for the storage of commercial trucks and buses.

HH. Section 903.2.10.1.1 Structures in the Berkeley Marina Area. All structures in the Berkeley Marina Area shall be provided with total automatic sprinkler protection.

II. Section 903.2.11.1 Windowless stories in all occupancies. An automatic sprinkler system shall be installed in windowless stories in all occupancies.

JJ. Section 903.2.11.1.3 Stories and basements without openings. An automatic sprinkler system shall be installed in all buildings and floors without openings to the exterior of the building. This shall include basement and sub-floor levels as well.

KK. Section 903.10.1.2 Public Self-Storage Buildings. Any building erected or existing building that was converted and/or subdivided for public self-storage use on or after August 19, 1982 shall be provided with total automatic sprinkler protection in accordance with NFPA 13 standards.

LL. Section 907.2 Where an automatic and manual or a manual fire alarm system is required by this code, elimination of fire alarm boxes in buildings equipped with an approved sprinkler systems is prohibited.

MM. Section 907.2.1 Group R-1 Occupancies. A manual and automatic fire alarm system shall be provided in apartment houses three or more stories in height or sixteen or more dwelling units, in hotels three or more stories in height or containing 20 or more guest rooms, and in congregate residences three or more stories in height or having an occupancy load of 20 or more.

NN. Section 907.2.8.2 Interior Corridor Protection. An automatic fire alarm system shall be installed throughout all interior corridors and common areas. The detection device for this purpose shall be a smoke detector (or heat detector as approved), which is system connected and electronically supervised.

OO. Section 907.2.9 Group R-2 and R-2.1. An automatic and manual fire alarm system shall be installed and maintained in Group R-2 occupancies three or more stories in height or containing sixteen (16) or more sleeping units or when any dwelling unit or sleeping unit is located more than one story below the highest level of exit discharge of exits serving the dwelling units or sleeping units.

EXCEPTIONS:

1. A fire alarm system is not required in buildings not more than two stories in height where all dwelling units or sleeping units and contiguous attic and crawl spaces are separated from each other and public or common areas by at least 1-hour fire partitions and each dwelling unit or sleeping unit has an exit directly to a public way, exit court or yard.

2. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with Section 1026.6, Exception 4.

PP. Section 907.2.13 High-Rise Buildings. High-rise buildings constructed after January 1, 2008 shall comply with Sections 907.2.13 through 907.2.13.2.

QQ. Section 907.2.13.3 Air Replenishment Systems All high-rise buildings shall install an approved rescue air replenishment system or equivalent equipment or systems as determined by the Fire Code Official to provide a fresh air supply for firefighting self-contained breathing air tanks. Such system or equipment shall provide adequate pressurized fresh air supply through a permanent piping system or other acceptable means to the Fire Code Official for the replenishment of portable life sustaining air equipment carried by fire department, rescue and other personnel in the performance of their duties. Location of access stations to, installation and maintenance of such air replenishment systems shall be made in accordance with the requirements of the Fire Code Official. Each property owner shall be responsible for maintaining such equipment or systems including annual air sampling and testing.

RR. Section 2701.7 Hazardous materials transportation restrictions. No vehicle containing hazardous materials, including, but not limited to, a hazardous materials transportation tank truck, trailer, semi trailer or tank wagon containing flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids, shall be operated on any City street without first obtaining a permit from the Fire Chief.

A map showing the proposed route of the vehicle shall accompany applications for such permits. If a permit is granted, the map shall be carried at all times in the vehicle and the vehicle shall not deviate from the approved route as shown on the map. Such a permit may contain conditions, including restrictions on the hours within which certain routes may be used and limitations on the size of the vehicle allowed to travel the approved route. No route shall be approved that includes passage over or adjacent to subway entry or vent structures, through the Northbrae Tunnel, in any area designated an environmental safety residential district by the City of Berkeley’s Zoning Ordinance, or in an area which may be designated as a hazardous fire area. Departure from the approved route, travel outside the permitted hours, violation of any vehicle size limitation imposed, failure to carry a map showing route approval or failure to comply with any other condition of the permit shall constitute a violation of this code.

The transportation of extremely hazardous materials may, in the discretion of the Fire Chief, require both a permit and accompaniment by a Fire Department or Police Department convoy.

The following streets contain purge chamber openings which lead directly into the subway section of the Bay Area Rapid Transit (BART) System in Berkeley and their use by tank vehicles or trailers for transportation or delivery of flammable or combustible liquids, hazardous chemicals, liquefied petroleum gases, poisonous gases, or cryogenic fluids is prohibited and a violation of this code:

a. On Addison Street between Martin Luther King Jr. Way and Oxford Street;

b. On Shattuck Avenue between University Avenue and Dwight Way;

c. On Virginia Street between Franklin and Sacramento Streets;

d. On Sacramento Street between Virginia Street and Hearst Avenue;

e. On Hearst Avenue between McGee Avenue and Milvia Street;

f. On Adeline Street between Ward and Stuart Streets; and

g. On Adeline Street between Ashby Avenue and Woolsey Street.

SS. Section 3301.2 Storage and use of explosives. The storage of explosives within the City limits is prohibited.

TT. Section 3401.4.1 Transfer of flammable and combustible liquids. Transfer to or from above ground or underground tanks of flammable and combustible liquids shall not be made from or onto the street or public way except by written approval by the Fire Chief.

UU. Section 3404.1.1 The storage of flammable and combustible liquids in underground tanks is prohibited in all areas zoned solely for residential occupancies, closely built commercial properties, and any other area deemed unsafe by the Fire Chief.

VV. Section 3404.1.2 The storage of Class I and Class II liquids in aboveground tanks including enclosed tanks inside or outside of buildings is permitted only by authorization of the Fire Chief. Such installations shall be in accordance with this Chapter and all applicable laws and recognized national standards.

WW. Section 3404.2.13.1.4. Underground storage tanks may be abandoned only under permit and following City of Berkeley Fire Department procedures. The owner shall demonstrate to the satisfaction of the City of Berkeley Toxics Division that no unauthorized release has occurred. If the soil is contaminated, mitigation must be completed to the satisfaction of the Toxics Division. A notice describing the precise location of the closed underground storage tank, the hazardous substances that it contained, and the closure method shall be caused to be recorded on the property’s title through the County Recorder’s Office. Tanks abandoned in place shall be as follows:

1. Flammable and combustible liquids shall be removed from the tank and connected piping.

2. The suction, inlet, gauge, vapor return and vapor lines shall be disconnected.

3. The tank shall be filled completely with an approved inert solid material.

4. Remaining underground piping shall be capped or plugged.

5. A record of tank size, location and date of abandonment shall be retained.

6. All exterior above-grade fill piping shall be permanently removed when tanks are abandoned or removed.

XX. Section 3404.2.14 Removal and disposal of tanks. Removal and disposal of underground storage tanks shall comply with Section 3404.2.14.1 and 3404.2.14.2 and City of Berkeley Fire Department procedures pursuant only to a permit. The applicant shall submit two copies of a site plan showing the location of the tank(s). The owner shall demonstrate to the satisfaction of the City of Berkeley Toxics Division that no unauthorized release has occurred. If the soil is contaminated, mitigation must be completed to the satisfaction of the Toxics Division.

Section 3804.1.2 L.P.G. Prohibited Storage It shall be unlawful to store any liquefied petroleum gas cylinder with a capacity greater than 2-1/2 lbs. water capacity or a portable tank within any structure or building with an occupancy classification of A, R-1, R-2, or R-4, unless specifically authorized by this code.

YY. Section 4603.4.3 Automatic Sprinkler Requirements for Existing Hotels. All existing hotel and motels shall be provided with an automatic fire sprinkler system when the rooms are used for sleeping or are rented or leased above the ground floor, if the hotel was built prior to 1992, and also meets one of the following two conditions:

1. The height of the hotel is three or more stories or two stories plus an inhabited basement, which is used for purposes other than exclusively servicing the maintenance and other needs of the building; or

2. The hotel contains 20 or more rooms, or regularly accommodates 20 or more residential occupants.

EXCEPTION: No hotel in which the exits from sleeping rooms lead either to the outside of the building either directly or via approved exit balconies with approved exterior stairway(s) in accordance with the requirements of the Berkeley Building Code is required to comply with this Section.

ZZ. Section 4603.4.3 Definitions. For the purposes of this Section, and used elsewhere in this code, these words shall have the meaning as shown herein as follows:

1. “EXISTING” Buildings, facilities or conditions that are already in existence, constructed or officially authorized prior to the adoption of this code.

2. “HOTEL.” “Hotel” shall mean any building, including motels, dormitories, rooming houses, fraternity houses and sorority houses, which contain six (6) or more rooms which were intended or designed to be used, or which are used, for the purposes of renting, hiring or letting to residential occupants for sleeping purposes but shall not include apartment buildings as defined in this code.

3. “STORY.” “Story” is as defined in the Berkeley Building Code.

4. “FIRST STORY” “First Story” is as defined in the Berkeley Building Code.

5. “BASEMENT.” “Basement” is as defined in the Berkeley Building Code.

6. “BALCONY, EXTERIOR EXIT.” “Balcony, Exterior Exit” shall mean a landing or porch projecting from the wall of a building which serves as a required exit. The long side shall be at least 50 percent directly open to the exterior, and the open area above the guardrail shall be so configured as to prevent the accumulation of smoke or toxic gases.

Section 4603.4.4 Quick Response Heads in Sleeping Rooms. In the sleeping units of the building, only residential or quick response standard sprinkler heads shall be used.

Section 4603.4.5 Supervised Central Station Monitoring of Existing Buildings. All automatic sprinkler systems installed under this subsection in which the number of sprinkler heads is 20 or more shall be supervised by an approved central, proprietary or remote-station alarm service or a local alarm which will give an audible signal at a constantly attended location.

AAA. Section 4603.4.6 3 Environmental Safety – Residential District. Any new construction requiring a permit determined to be $100,000 or more in construction costs or new additions to existing structures shall be required to install automatic fire sprinklers throughout the existing structure. For the purpose of this subsection “Environmental Safety – Residential District” shall mean those areas designated as such on the Official Zoning Map of the City of Berkeley, as it may be amended from time to time.

BBB. Section 4603.6 Where an automatic and manual or a manual fire alarm system is required by this code, elimination of fire alarm boxes in buildings equipped with an approved sprinkler system is prohibited.

EXCEPTION: When deemed not required by Fire Chief.

CCC. Section 4603.6.5.1 Group Existing R-1 hotel and motel fire alarm systems. An automatic and manual fire alarm system shall be installed and maintained in existing Group R-1 hotels and motels with three or more stories or with 20 or more sleeping units.

DDD. Section 4603.6 Fire alarm systems. A fire alarm system shall be installed in accordance with Sections 4603.6.1 through 4603.6.7 and provide occupant notification in accordance with section 907.6. All existing R occupancies that are required to provide both a fire alarm and fire suppression system shall have the system monitored by a central station, remote supervising station, or proprietary supervising station. Existing high-rise buildings shall comply with Section 4603.6.8.

EEE. Section 4603.6.6 Group R-2. An automatic and manual fire alarm system shall be installed and maintained in existing Group R-2 occupancies three or more stories in height or with 16 or more dwelling units or sleeping units. Congregate residences shall retrofit existing manual-only fire alarm systems with automatic fire detection. Other types of R-2 occupancies (such as apartment buildings) shall retrofit existing manual-only fire alarm systems with automatic fire detection when the existing fire alarm control unit is replaced for any reason. Automatic detection shall be accomplished by use of a smoke detector (or heat detector as approved), which is system connected and electronically supervised. Detectors shall also be installed in all interior corridors and common areas.

EXCEPTIONS:

1. Where each living unit is separated from other contiguous living units by fire barriers having a fire-resistive rating of not less than 0.75 hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade.

FFF. Section 4902 DEFINITIONS. Fire Protection Plan is a document prepared for a specific project or development proposed for a Wildland-Urban Interface Fire Area. It describes ways to minimize and mitigate potential for loss from wildfire exposure.

The Fire Protection Plan shall be in accordance with this Chapter. When required by the Fire Chief for the purposes of granting modifications, a Fire Protection Plan shall be submitted.

A Fire Protection Plan shall also be known as a Vegetation Management Plan (VMP), although it may also contain elements not directly associated with vegetation management including but not limited to building construction features or equipment, engineering controls, administrative controls, process controls or site access requirements.

FIRE ZONE ONE shall encompass the entire City of Berkeley except for Fire Zones Two and Three.

FIRE ZONE TWO encompasses those areas designated as Combined Hillside District in the Official Zoning map of the City of Berkeley and those areas designated as Very High in the official Fire Hazard Severity Zones (FHSZ) map of The Department of Forestry and Fire Protection (CAL FIRE), as they may be amended from time to time. The following properties, not part of the Combined Hillside District, are included in Fire Zone Two under the Very High designation of the FHSZ map: The eastern section of the University of California, Berkeley main campus, block number 2042(Alameda County Assessor’s parcel numbering (APN) system), to the east City line and all of the Clark-Kerr campus, block number 7690, to the east City line. All of block number 7680 in the City of Berkeley and portions of block number 1702 in the City of Berkeley. These additional parcels and their assigned street address are established in Section 19.28.030 of the Berkeley Municipal Code, Berkeley Building Code and are specified in Table 4902.1.

Table 4902.1

Parcels Added to the Combined Hillside District
Parcel Number (APN)	Address
048-7680-001-02	3 Tanglewood Road
048-7680-002-01	5 Tanglewood Road
048-7680-031-00	7 Tanglewood Road
048-7680-019-00	11 Tanglewood Road
048-7680-014-00	19 Tanglewood Road
048-7680-032-01	25 Tanglewood Road
048-7680-027-00	29 Tanglewood Road
054-1702-067-00	10 Tanglewood Road
054-1702-068-00	18 Tanglewood Road
054-1702-069-00	22 Tanglewood Road
054-1702-070-00	28 Tanglewood Road
054-1702-063-00	2701 Belrose Avenue
054-1702-076-00	2715 Belrose Avenue
054-1702-075-00	2721 Belrose Avenue
054-1702-074-00	2729 Belrose Avenue
054-1702-073-00	2737 Belrose Avenue
054-1702-112-00	2801 Claremont Boulevard
054-1702-123-01	2811 Claremont Boulevard
054-1702-122-00	2815 Claremont Boulevard
054-1702-120-01	2821 Claremont Boulevard
054-1702-114-01	2816 Claremont Avenue
054-1702-115-00	2820 Claremont Avenue
054-1702-072-00	3005 Garber Street
054-1702-071-00	3015 Garber Street
054-1702-113-00	3020 Garber Street
054-1702-116-00	3017 Avalon Avenue

FIRE ZONE 3 encompasses those areas designated as Environmental Safety - Residential Districts on the Official Zoning Map of the City of Berkeley, as it may be amended from time to time.

GGG. Section 4902 DEFINITIONS.

WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Berkeley Fire Zones 2 and 3 are designated as Wildland-Urban Interface Fire Areas. See Article 86B for the applicable referenced Sections of the Government Code and the Public Resources Code.

HHH. Section 4903 PLANS.

III. Section 4903.1 General. When required to submit a Fire Protection Plan or Vegetation Management Plan for any reason the responsible party shall prepare or cause to be prepared a Fire Protection Plan in accordance with the latest standards of the Berkeley Fire Department. The Fire Protection Plan shall be submitted to, reviewed and approved by the Berkeley Fire Department and shall be enforced and maintained by the responsible party or their designated agent. The Berkeley Fire Department may charge an appropriate fee for the review, approval and processing of the Fire Protection Plan in accordance with the hourly rate established by City Council resolution.

JJJ. Section 4904.3 Berkeley Fire Hazard Severity Zones.

FIRE ZONE TWO. Fire Zone Two is designated a Very-High Fire Hazard Severity Zone and Wildland-Urban Interface Fire Area. All requirements of Berkeley Fire Code Chapter 49 and Berkeley Municipal Code Section 19.28.030, Berkeley Building Code, Chapter 7A shall apply.

FIRE ZONE THREE. Fire Zone Three is designated a Very-High Fire Hazard Severity Zone and Wildland-Urban Interface Fire Area. All requirements of Berkeley Fire Code Chapter 49 and Berkeley Municipal Code Section 19.28.030, Berkeley Building Code, Chapter 7A shall apply.

KKK. Section 4905.2 Construction methods and requirements within established limits. Within the limits established by law, construction methods intended to mitigate wildfire exposure shall comply with the wildfire protection building construction requirements contained in the Berkeley Building Code and including the following:

1. Berkeley Building Code Chapter 7A,

2. California Reference Standards Code Chapter 12-7A,

3. International Residential Code (B.R.C.)

LLL. Section 4906.3 Requirements. Hazardous vegetation and fuels around all applicable buildings and structures shall be maintained in accordance with the following laws and regulations and subject to the requirements of Section 4906 of this code.

1. Public Resources Code Section 4291.

2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Section 1299 (see guidance for implementation “General Guideline to Create Defensible Space”).

3. California Government Code Section 51182.

4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.

MMM. Section 4906.4 Electrical Equipment Support Clearance. Persons owning, controlling, operating or maintaining electrical transmission or distribution lines shall have an approved program in place that identifies poles or towers with equipment and hardware types that have a history of becoming an ignition source, and provides a combustible free space consisting of a clearing of not less than 10 feet (3048 mm) in each direction from the outer circumference of such pole or tower during such periods of time as designated by the Chief.

EXCEPTION: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission or other lines classified as communication circuits by a public utility.

NNN. Section 4906.5 Electrical Distribution and Transmission Line Clearances.

OOO. Section 4906.5.1 General. Clearances between vegetation and electrical lines shall be in accordance with this Section.

PPP. Section 4906.5.2 Trimming clearance. At the time of trimming, clearances not less than those established by Table 4906.5.2 should be provided. The radial clearances shown below are minimum clearances that should be established, at time of trimming, between the vegetation and the energized conductors and associated live parts.

EXCEPTION: The Fire Chief is authorized to establish minimum clearances different than those specified in Table 4906.5.2 when evidence substantiating such other clearances is submitted to the Fire Chief and approved.

TABLE 4906.5.2 – MINIMUM CLEARANCES BETWEEN VEGETATION AND ELECTRICAL LINES AT TIME OF TRIMMING
Line Voltage	MINIMUM RADIAL CLEARANCE FROM CONDUCTOR (feet) [x 304.8 mm]
400 – 72,000	4
72,001 – 110,000	6
110,001 – 300,000	10
300,001 or more	15

QQQ. Section 4906.5.3 Minimum clearance to be maintained. Clearances not less than those established by Table 4906.5.3 shall be maintained during such periods of time as designated by the Fire Chief. The site specific clearance achieved, at time of pruning, shall vary based on species growth rates, the utility company specific trim cycle, the potential line sway due to wind, line sway due to electrical loading and ambient temperature, and the tree’s location in proximity to the high voltage lines.

EXCEPTION: The Fire Chief is authorized to establish minimum clearances different than those specified by Table 4906.5.3 when evidence substantiating such other clearances is submitted to the Fire Chief and approved.

TABLE 4906.5.3 – MINIMUM CLEARANCES BETWEEN VEGETATION AND ELECTRICAL LINES TO BE MAINTAINED
Line Voltage	MINIMUM CLEARANCE (inches) [x 25.4 mm]
750 – 35,000	6
35,001 – 60,000	12
60,001 – 115,000	19
115,001 – 230,000	30-1/2

RRR. Section 4906.5.4 Electrical power line emergencies. During emergencies, the utility company shall perform the required work to the extent necessary to clear the hazard. An emergency can include situations such as trees falling into power lines, or trees in violation of Table 4906.5.3.

SSS. Section 4906.5.5 Correction of Condition. The Fire Chief is authorized to give notice to the owner of the property on which conditions regulated by Section 4906.5 exist to correct such conditions. If the owner fails to correct such conditions, the City is authorized to cause the same to be done and make the expense of such correction a lien on the property where such condition exists.

TTT. Section 4906.6 Clearance of Brush or Vegetative Growth from Structures.

UUU. Section 4906.6.1 General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, or upon Wildland-Urban Interface Fire Areas and persons owning, leasing or controlling land adjacent to such buildings or structures, shall at all times:

1. Maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings or structures; and

Exception: Single specimens of trees, ornamental shrubbery or similar plants used as ground covers; provided, that they do not form a means of rapidly transmitting fire from the native growth to any structure.

2. Maintain additional fire protection or firebreak by removing brush, flammable vegetation and combustible growth located 30 feet (9144 mm) from such buildings or conditions causing a firebreak of only 30 feet (9144 mm) to be sufficient to provide reasonable fire safety; and

Exception: Grass and other vegetation located more than 30 feet (9144 mm) from buildings or structures and less than 18 inches (457 mm) in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion.

3. Remove portions of trees which extend within 10 feet (3048 mm) of the outlet of chimney; and

4. Maintain trees adjacent to or overhanging a building free of deadwood; and

5. Maintain the roof of a structure free of leaves, needles or other dead vegetative growth; and

6. Brush and debris does not need to be completely removed, but may be chipped into pieces less than three (3) inches in length, provided that the resulting mulch is less than five (5) inches deep; and

7. The trunks of eucalyptus trees are to be maintained so that they are free of hanging bark and debris to a height of at least eight (8) feet.

VVV. Section 4906.6.2 Corrective Actions. The City Council is authorized to instruct the Fire Chief to give notice to the owner of the property upon which conditions regulated by Section 4906.6 exist to correct such conditions. If the owner fails to correct such conditions, the City Council is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.

WWW. Section 4906.7 Clearance of Brush or Vegetative Growth from Roadways. The Fire Chief is authorized to cause areas within 10 feet (3048 mm) on each side of portions of highways, streets and private roads which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The Fire Chief is authorized to enter upon private property to do so.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

Section 4906.8 Unusual Circumstances. If the Fire Chief determines that difficult terrain, danger of erosion or other unusual circumstances make strict compliance with the clearance of vegetation provisions of Section 4906 undesirable or impractical, enforcement thereof may be suspended and reasonable alternative measures shall be provided.

XXX. Section 4908 Suppression and Control of Wildland-Urban Interface Fire Areas.

YYY. Section 4908.1 Permit. The Fire Chief is authorized to stipulate conditions for permits. Permits shall not be issued when public safety would be at risk, as determined by the Fire Chief.

ZZZ. Section 4908.2 Restricted Entries. The Fire Chief shall determine and publicly announce when Wildland-Urban Interface Fire Areas shall be closed to entry and when such areas shall again be opened to entry. Entry on and occupation of Wildland-Urban Interface Fire Areas, except public roadways, inhabited areas or established trails and camp sites which have not been closed during such time when the Wildland-Urban Interface Fire Areas are closed to entry, is prohibited.

Exceptions:

1) Residents and owners of private property within Wildland-Urban Interface Fire Areas and their invitees and guests going to or being upon their lands; and

2) Entry, in the course of duty, by peace officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.

Section 4908.3 Trespassing on Posted Property

Section 4908.3.1 General. When the Fire Chief determines that a specific area within Wildland-Urban Interface Fire Areas presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.

Section 4908.3.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to this Section shall be placed on every closed area.

Section 4908.3.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.

Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.

Section 4908.4. Smoking. Lighting, igniting or otherwise setting fire to or smoking tobacco, cigarettes, pipes or cigars in Wildland-Urban Interface Fire Areas is prohibited.

Exception: Places of habitation or within the boundaries of established smoking areas or campsites as designated by the Fire Chief.

Section 4908.5 Spark Arresters. Chimneys used in conjunction with fireplaces, barbecues, incinerators or heating appliances in which solid or liquid fuel is used, upon buildings structures or premises located within Wildland-Urban Interface Fire Areas shall be provided with a spark arrester. (See Berkeley Building Code Section 704A1.6 for specifications.)

Section 4908.6 Tracer Bullets, Tracer Charges, Rockets and Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across Wildland-Urban Interface Fire Areas. Rockets, model planes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause fire shall not be fired or projected into or across Wild-land-Urban Areas.

Section 4908.7 Explosives and Blasting. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported or disposed of within Wildland-Urban Interface Fire Areas except by permit from the Fire Chief.

Section 4908.8 Fireworks. Fireworks shall not be used or possessed in Wildland-Urban Interface Fire Areas. The Fire Chief is authorized to seize, take, remove or cause to be removed fireworks in violation of this section.

Exception: Fireworks allowed by the Fire Chief under permit when not prohibited by applicable local or state laws, ordinances and regulations.

Section 4908.9 Apiaries. Lighted and smoldering material shall not be used in connection with smoking bees in or upon Wildland-Urban Interface Fire Areas except by permit from the Fire Chief.

Section 4908.10 Open-Flame Devices. Welding machines, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon Wildland-Urban Interface Fire Areas, except by permit from the Fire Chief.

Exception: Use within habited premises or designated campsites that are a minimum of 30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.

Flame-employing devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or upon Wildland-Urban Interface Fire Areas.

Exception: The proper use of fuses at the scenes of emergencies or as required by standard railroad operating procedures.

Section 4908. 11 Outdoor Fires. Outdoor fires shall not be built, ignited or maintained in or upon Wildland-Urban Interface Fire Areas, except by permit from the Fire Chief.

Exception: Outdoor fires within habited premises or designated campsites, where such fires are built in a permanent barbecue, portable barbecue, outdoor fireplace, incinerator or grill and are minimum of 30 feet (9144 mm) from a grass-, grain-, brush or forest-covered area.

Permits shall incorporate such terms and conditions, which will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon Wildland-Urban Interface Fire Areas under the following conditions:

1. When high winds are blowing,

2. When a person age 17 or over is not present at all times to watch and tend such fire, or

3. When public announcement is made that open burning is prohibited. Permanent barbecues, portable barbecues, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash or combustible waste material.

Section 4908.12 Incinerators and Fireplaces. Incinerators, outdoor fireplaces, permanent barbecues and grills shall not be built, installed or maintained in Wildland-Urban Interface Fire Areas without prior approval of the Chief. Incinerators, outdoor fireplaces, permanent barbecues and grills shall be maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen or door.

Exception: When approved by the chief, the use of barbecues and grills without protected openings may be authorized on a case by case basis.

Section 4908.17 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, rubbish or combustible waste material shall not be placed, deposited or dumped in or upon Wildland-Urban Interface Fire Areas or in, upon or along trails, roadways or highways in Wildland-Urban Interface Fire Areas.

Exception: Approved public and private dumping areas.

Section 4908.18 Disposal of Ashes. Ashes and coals shall not be placed, deposited or dumped in or upon Wild-land-Urban Interface Fire Areas.

Exceptions: 1. In the hearth of an established fire pit, camp stove or fireplace; 2. In a noncombustible container with a tight-fitting lid, which is kept or maintained in a safe location not less than 10 feet (3048 mm) from combustible vegetation or structures; 3. Where such ashes or coals are buried and covered with 1 foot (304.8 mm) of mineral earth not less than 25 feet (7620 mm) from combustible vegetation or structures.

Section 4908.19 Use of Fire Roads and Firebreaks. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire roads or firebreaks beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owners. Vehicles shall not be parked in a manner which obstructs the entrance to a fire road or firebreak.

Exception: Public officers acting within their scope of duty. Radio and television aerials, guy wires thereto, and other obstructions shall not be installed or maintained on fire roads or fire breaks unless located 16 feet (4877 mm) or more above such fire road or firebreak.

Section 4908.20 Use of Motorcycles, Motor Scooters and Motor Vehicles. Motorcycles, motor scooters and motor vehicles shall not be operated within Wildland-Urban Interface Fire Areas, without a permit by the Fire Chief, except upon clearly established public or private roads. Permission from the property owner shall be presented when requesting a permit.

Section 4908.21 Tampering with Fire Department Locks, Barricades and Signs. Locks, barricades, seals, cables, signs and markers installed within Wildland-Urban Interface Fire Areas, by or under the control of the Fire Chief, shall not be tampered with, mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or under the control of the Fire Chief shall not be unlocked.

Section 4908.22 Liability for Damage. The expenses of fighting fires, which result from a violation of 47144908, shall be charged against the person whose violation of 47144908 caused the fire. Damages caused by such fires shall constitute a debt of such person and are collectable by the Fire Chief in the same manner as in the case of an obligation under a contract, expressed or implied.

(Ord. 7157-NS § 1 (part), 2010)