Chapter 5.08
FIRE CODE

Sections:

5.08.010    Title.

5.08.020    Purpose.

5.08.030    Adoption of fire codes.

5.08.040    Authority.

5.08.050    Section 102.13, Applicability—Added.

5.08.060    Section 103.2, Appointment—Amended.

5.08.070    General authority and responsibilities.

5.08.080    Section 104.9, Requests for Alternative Means of Protection—Amended.

5.08.090    Section 108.1, Board of Appeals—Amended.

5.08.100    Section 111, Stop Work Order—Amended.

5.08.110    Chapter 2, Definitions—Amended.

5.08.120    Section 503.2.3.9, Specifications—Added.

5.08.130    Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1—Deleted; Sections 903.2.1.1 #1, 903.2.1.2 #1, 903.2.1.3 #1, 903.2.1.4 #1, 903.2.3 #1, 903.2.4, 903.2.7 #1, 903.2.9, 903.2.11.3—Amended; and Sections 903.2.2.1 and 903.2.20—Added.

5.08.140    Section 903.6—Amended; Sections 903.6.2 and 903.6.3—Added.

5.08.150    Section 907.1—Amended; Sections 907.10, 907.10.1, 907.10.2 and 907.10.3—Added.

5.08.160    Section 5003.2.4.2, Hazardous Materials General Provisions—Amended.

5.08.170    Section 5601.1.3, Fireworks—Amended.

5.08.180    Section 5704.2.9.6.1, Locations where above-ground tanks are prohibited—Amended.

5.08.190    Section 5706.2.4.4, Locations where above-ground tanks are prohibited—Amended.

5.08.200    Section 5806.2, Limitations—Amended.

5.08.210    Section 6104.2, Maximum capacity within established limits—Amended.

5.08.220    New materials, processes or occupancies which may require permits.

5.08.230    Violations—Penalties.

5.08.010 Title.

The fire codes adopted by Section 5.08.030 and the provisions of this chapter shall constitute the Dublin Fire Code and may be referred to as such. (Ord. 12-16 § 2 (Exh. A) (part))

5.08.020 Purpose.

The promotion and preservation of the public health, safety and general welfare of the people of the city and the property situated therein have made necessary the adoption of the International Fire Code referred to in Section 5.08.030 in order to adequately safeguard life, health, property, and general welfare. The purpose of this code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this code. (Ord. 12-16 § 2 (Exh. A) (part))

5.08.030 Adoption of fire codes.

The 2016 California Fire Code, Part 9, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in California Health and Safety Code Section 18901 (hereinafter referred to as the “state code”), including Sections 103, 108.1, and 503, Appendices B, C and D, and any rules and regulations promulgated pursuant to the state code, and the International Fire Code, 2015 Edition, as published by the International Code Council (hereinafter referred to as the “IFC”), are hereby adopted and incorporated by reference herein for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, hazardous materials or explosion. Notwithstanding the foregoing, the provisions of the state code and the IFC are amended as set forth in Sections 5.08.050 through 5.08.210, inclusive. Copies of the state code and IFC have been and are now filed in the Office of the City Clerk, 100 Civic Plaza, Dublin, California, for use and examination by the public. From the date on which the ordinance codified in this chapter shall take effect, the provisions of the state code and IFC shall be controlling within the limits of the city of Dublin. (Ord. 12-16 § 2 (Exh. A) (part))

5.08.040 Authority.

The Fire Department referred to herein and in the codes adopted pursuant to Section 5.08.030 shall be the entity which provides fire suppression and prevention services to the city by contract, and the Fire Chief or Fire Code Official referred to herein and in the codes adopted pursuant to Section 5.08.030 shall be the Fire Chief of the Fire Department, or his or her designee, acting under the direction of the City Manager. (Ord. 12-16 § 2 (Exh. A) (part))

5.08.050 Section 102.13, Applicability—Added.

Section 102.13 is added to read as follows:

102.13 Applicability. Where not otherwise limited by law, the provisions of this Code shall apply to vehicles, cargo containers, ships, boats, and mobile vehicles when fixed in a specific location within the boundaries of this jurisdiction.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.060 Section 103.2, Appointment—Amended.

Section 103.2 is amended to read as follows:

103.2 Appointment. The fire code official shall be appointed by the fire chief for the City of Dublin.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.070 General authority and responsibilities.

Sections 104.2.1, 104.2.2, 104.2.3, and 104.2.4 are added to read as follows:

104.2.1 Fee for Plan Review, Inspection and Permits. The City Council may, by resolution, establish a schedule of nondiscriminatory fees to be charged and collected for plans submitted under Section 104.2, solely to defray the City’s reasonable costs for plan review of fire protection equipment and systems, requested or required inspection services and issuance of permits. Permits issued in accordance with Section 105.7 shall be valid for a period of one year.

104.2.2 Permit Processing Fee. Each application for a permit shall be accompanied by a fee equal to forty percent (40%) of the total permit fee rounded off to the nearest dollar. The permit processing fee shall be credited toward the total permit fee required. After permit processing has commenced, no portion of the permit processing fee shall be refundable.

104.2.3 Refunds.

A. Sixty percent (60%) of any permit fee may be refunded to the applicant prior to the expiration of the permit provided that the work authorized under the permit has not commenced. Thirty percent (30%) of the permit fee may be refunded to the applicant after a permit has expired provided that the work has not commenced, but in no case shall any refund be allowed after one (1) year from the date of expiration of the permit. Requests for refund shall be in writing. Any expenses incurred by the City other than the permit processing fee may be deducted from the refund.

B. If there was an error in calculating the amount of the permit fee and such error resulted in overpayment of the permit fee, the amount of overpayment may be refunded.

104.2.4 Fees—Partially completed work.

A. Where permits expire and the work has not been completed and a new permit is subsequently issued for the completion of the work, the fee for the new permit shall be a percentage of the amount of the fee in effect at the time of issuance of the new permit.

Completed Inspections

Percent of Permit Fee

1. If no inspections have been made.

30

2. If rough inspection has been made.

15

B. The fee determined by the foregoing shall be rounded to the nearest dollar.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.080 Section 104.9, Requests for Alternative Means of Protection—Amended.

Section 104.9 is amended to read as follows:

104.9 Requests for Alternative Means of Protection. Requests for approval to use an alternative material, assembly or materials, equipment, method of construction, method of installation of equipment, or means of protection shall be made in writing to the Fire Code Official by the owner or owner’s authorized representative and shall be accompanied by a full statement of the conditions. Sufficient evidence of proof shall be submitted to substantiate any claim that may be made regarding its conformance. The Fire Code Official may require tests and the submission of a test report from an approved testing organization to substantiate the equivalency of the proposed alternative means of protection.

Approval of a request for the use of an alternative material, assembly or materials, equipment, method of construction, method of installation of equipment, or means of protection shall be limited to the particular case covered by the request and shall not be construed as establishing any precedent for any future request.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.090 Section 108.1, Board of Appeals—Amended.

Section 108.1 is amended to read as follows:

108.1 Board of AppealsEstablished.

A. Any person aggrieved with the decision of the Fire Chief in connection with the application or interpretation of this Code or an approval of alternative materials or methods of construction may appeal to the City Council. Such appeal shall be in writing and filed with the City Clerk within ten (10) days.

B. The City Council may, after hearing, interpret any provision of this Code.

C. The City Council may after hearing, vary the application of this Code in any specific cases when, in its opinion, the enforcement thereof would be contrary to the spirit and purpose of this Code or public interest. The City Council in granting a variance may impose requirements or conditions to mitigate any adverse effects that may result from granting the grievance.

D. In making such interpretation or granting any variance, the City Council shall make the following findings:

1. That the interpretation or variance is consistent with the purpose of this Code;

2. That the interpretation or variance will not lessen the protection to the people of the City and the property situated therein.

E. The City Council may approve alternate materials or methods of construction by overruling the decisions of the Fire Chief. In approval of any alternate materials or methods of construction, the City Council shall make findings that the material, method or work proposed is for the purpose intended, at least equivalent of that prescribed by this Code in quality, strength effectiveness, fire resistance, durability, dimensional stability and safety.

F. The City Council may appoint a Board of Appeals to hear a specific appeal. The Board of Appeals shall consist of five (5) members qualified by training and experience to pass on matters pertaining to the subject matter of the appeal. The Board of Appeals shall have the same authority and duties as the City Council in interpreting this Code, granting variances, or approving alternate materials or methods of construction. The Fire Chief shall be an ex officio member of the Board of Appeals and shall act as secretary to the Board. The Board of Appeals shall adopt reasonable rules and regulations for conducting its hearings and investigations.

G. The decision of the City Council or Board of Appeals shall be final.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.100 Section 111, Stop Work Order—Amended.

Section 111.1.1 is added to read as follows:

111.1.1 Stop Work Order. Whenever any installation of fire protection devices covered by this Code is concealed without first having been inspected, the Fire Chief may require, by written notice, that such work shall be exposed for inspection. Whenever any construction or installation work is being performed in violation of the plans and specifications as approved, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be done on that portion of the project until the violation has been corrected.

Where work for which a permit is required by this Chapter is started or proceeds prior to obtaining such permit, a penalty fee, in addition to the permit fee, shall be assessed as follows:

Violation within two-year period

Penalty Fee

First

Equal to the permit fee

Second

Double the permit fee

Third and subsequent

Ten times the permit fee

The payment of such penalty fee shall not relieve any person from fully complying with all of the provisions of this Chapter.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.110 Chapter 2, Definitions—Amended.

Chapter 2 is amended by adding the following definitions to Section 202:

Section 202 General Definitions.

City Council shall mean the governing body of the City of Dublin.

City Manager shall mean the City Manager of the City of Dublin or his or her designee.

Fire Trail means a graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires.

Fuel break means a wide strip or block of land on which the vegetation has been permanently modified to a low volume fuel type so that fires burning into it can be more readily controlled.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.120 Section 503.2.3.9, Specifications—Added.

Section 503.2.3.9 is added to read as follows:

503.2.3.9 Fire and Emergency Access Roads approved for construction sites shall be designed to meet the requirements of Section 503.2. The access shall be approved by the Fire Department prior to commencement of combustible storage or construction on the site.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.130 Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10, 903.2.10.1—Deleted; Sections 903.2.1.1 #1, 903.2.1.2 #1, 903.2.1.3 #1, 903.2.1.4 #1, 903.2.3 #1, 903.2.4, 903.2.7 #1, 903.2.9, 903.2.11.3—Amended; and Sections 903.2.2.1 and 903.2.20—Added.

Sections 903.2.4.1, 903.2.9.1, 903.2.9.2, 903.2.10 and 903.2.10.1 are deleted, Sections 903.2.1.1 #1, 903.2.1.2 #1, 903.2.1.3 #1, 903.2.1.4 #1, 903.2.3 #1, 903.2.4, 903.2.7 #1, 903.2.9, and 903.2.11.3 are amended to read as follows, and Sections 903.2.2.1 and 903.2.20 are added to read as follows:

903.2.1.1 Group A-1 Occupancies.

1. Where the floor area exceeds 3,000 square feet (279 m2).

903.2.1.2 Group A-2 Occupancies.

1. Where the floor area exceeds 3,000 square feet (279 m2).

903.2.1.3 Group A-3 Occupancies.

1. Where the floor area exceeds 3,000 square feet (279 m2).

903.2.1.4 Group A-4 Occupancies.

1. Where the floor area exceeds 3,000 square feet (279 m2).

903.2.2.1 Group B Occupancies.

An automatic fire-extinguishing system shall be installed in Group B occupancies where the floor area exceeds 3,000 square feet (279 m2).

903.2.3 Group E Occupancies.

1. An automatic fire-extinguishing system shall be in Group E occupancies where the floor area exceeds 3,000 square feet (279 m2).

903.2.4 Group F Occupancies.

An automatic fire sprinkler system shall be installed in all Group F occupancies where the floor area exceeds 2,500 square feet (232 m2).

(Section 903.2.4.1 is deleted)

903.2.7 Group M Occupancies.

1. An automatic sprinkler system shall be installed in Group M occupancies where the floor area exceeds 2,500 square feet (232 m2).

903.2.9 Group S Occupancies.

An automatic sprinkler system shall be installed in all Group S occupancies as follows:

1. Where the floor area exceeds 2,500 square feet (232 m2);

2. Buildings with repair garages servicing vehicles parked in basements.

(Sections 903.2.9.1, 903.2.9.2, 903.2.10 and 903.2.10.1 are deleted.)

903.2.11.3 Buildings Three Or More Stories in Height.

An automatic sprinkler system shall be installed in all occupancies, regardless of type of construction, if the building is three or more stories or more than 35 feet in height measured from the pad grade level to the highest point of the building. An automatic sprinkler system shall be installed in all other occupancies as may be required by the 2016 California Building and Residential Code.

903.2.20 All Occupancies.

Automatic fire-extinguishing systems shall be installed in all occupancies located more than 1 1/2 miles from a fire station providing fire protection to that location. Said distance shall be measured in a straight line.

Buildings containing portions which are required to have an automatic fire extinguishing system because of the number of stories shall have the automatic fire extinguishing system installed throughout and fire walls as set forth in Section 706 shall not be considered as creating separate buildings for the purpose of this section.

Whenever an addition is made to an existing building, automatic fire-extinguishing systems shall be installed if the existing building plus the addition exceeds the area or height limitations set forth in this section. Whenever the use of an existing building or portion thereof is changed in any manner so as to require the installation of an automatic fire-extinguishing system, said system shall be installed in that portion of the building housing the new use.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.140 Section 903.6—Amended; Sections 903.6.2 and 903.6.3—Added.

Section 903.6 is amended and Sections 903.6.2 and 903.6.3 are added to read as follows:

903.6 Existing Buildings. All changes of occupancy classification in existing buildings shall comply with the requirements contained in Section 903.2 of this Code and Table 503 of the California Building Code.

903.6.2 When an addition to an existing building causes the total square footage of the building to exceed the maximum floor area specified in Table 503 of the California Building Code. Addition or alteration that removes 50% or more of the existing exterior walls of a building shall be considered a new building for the purposes of Section 903.

903.6.3 Existing buildings which do not conform to Current Building Code or Fire Code requirements may be required to install an automatic fire extinguishing system when an interior alteration or remodeling occurs, regardless of whether the floor area is increased or use changed. It shall be the responsibility of the Fire Code Official and the Building Official to evaluate the work being performed, non-complying features, and determine if an automatic fire extinguishing system will be required.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.150 Section 907.1—Amended; Sections 907.10, 907.10.1, 907.10.2 and 907.10.3—Added.

Section 907.1 is amended and Sections 907.10, 907.10.1, 907.10.2 and 907.10.3 are added to read as follows:

907.1 General. This section covers the application, installation, performance and maintenance of fire alarm systems and their components in new and existing buildings and structures. The requirements of Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.9 are applicable to existing buildings and structures. In the event of a conflict between this section and the provisions of Chapter 5.20 of the Dublin Municipal Code, the provisions of this section shall control.

907.10 False Alarms.

907.10.1 Excessive False Alarms. Malfunctions, or mechanical trip of any sprinkler alarm or other fire protection or detection system resulting in an alarm and emergency dispatch of the Fire Department shall be subject to a false alarm charge as established by this Code.

Exception: During a thirty (30) day period following the installation of any new fire alarm system, the Fire Chief shall determine if the false alarms emanating from said new installation are excessive.

907.10.2 Charges. After the initial thirty (30) day period following the installation of a new system, two (2) false alarms within a consecutive ninety (90) day period shall be deemed excessive and will be charged as false alarms.

907.10.3 False Alarm charges are as follows:

1st false alarm -

Warning Letter

2nd false alarm in any 90 day period-

$100.00

3rd and subsequent false alarms in any 90 day period-

$200.00

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.160 Section 5003.2.4.2, Hazardous Materials General Provisions—Amended.

Section 5003.2.4.2 is amended to read as follows:

5003.2.4.2 Above-ground tanks. Above-ground stationary tanks used for the storage of hazardous materials shall be located and protected in accordance with the requirements for outdoor storage of the particular material involved. Notwithstanding the foregoing, above-ground stationary tanks used for the storage of flammable or combustible liquids is prohibited in any area zoned for other than commercial, industrial, or agricultural use.

Exception: Above-ground tanks that are installed in vaults complying with Section 5303.16 or 5704.2.8 shall not be required to comply with location and protection requirements for outdoor storage.

5703.2.4.2.1 Marking. Above-ground stationary tanks shall be marked as required by Section 5703.5.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.170 Section 5601.1.3, Fireworks—Amended.

Section 5601.1.3 is amended to add a fifth exception as follows:

5. The sale, use and discharge of fireworks are allowed in accordance with Chapter 5.24 of the Dublin Municipal Code.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.180 Section 5704.2.9.6.1, Locations where above-ground tanks are prohibited—Amended.

Section 5704.2.9.6.1 is amended to read as follows:

5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in any area zoned for other than commercial, industrial, or agricultural use.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.190 Section 5706.2.4.4, Locations where above-ground tanks are prohibited—Amended.

Section 5706.2.4.4 is amended to read as follows:

5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in any area zoned for other than commercial, industrial, or agricultural use.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.200 Section 5806.2, Limitations—Amended.

Section 5806.2 is amended to read as follows:

5806.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits established by law and in any area zoned for other than commercial, industrial, or agricultural use.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.210 Section 6104.2, Maximum capacity within established limits—Amended.

Section 6104.2 is amended to read as follows:

6104.2 Maximum Capacity Within Established Limits. The limits referred to in Section 6104.2.1 are the 2016 California Fire Code in which storage of compressed natural gas is prohibited, are hereby established as follows: Any area zoned for other than commercial, industrial, or agricultural use.

(Ord. 12-16 § 2 (Exh. A) (part))

5.08.220 New materials, processes or occupancies which may require permits.

The City Manager, the Fire Chief and the Fire Code Official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those enumerated in the 2016 California Fire Code. The Fire Code Official shall post such list in a conspicuous place at the Dublin Civic Center and distribute copies thereof to interested persons. (Ord. 12-16 § 2 (Exh. A) (part))

5.08.230 Violations—Penalties.

A.    Any person who violates any provisions of the 2016 California Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specification or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the required time, shall severally for each such violation and noncompliance, respectively, be guilty of an infraction.

B.    Any person convicted of an infraction under the provisions of this chapter shall be punished upon a first conviction by a fine of not more than one hundred dollars ($100), and for a second conviction within a period of one (1) year by a fine of not more than two hundred dollars ($200), and for a third or any subsequent conviction within a one (1) year period by a fine of not more than five hundred dollars ($500). Any violation beyond the third conviction within a one (1) year period may be charged by the District Attorney as a misdemeanor and the penalty for conviction of the same shall be a fine or imprisonment, or both, not to exceed the limits set forth in the California Penal Code Section 19.

C.    At the discretion of the Fire Chief, any such violation constituting an infraction under this chapter may, instead, be charged and prosecuted as a misdemeanor, punishable by a fine or imprisonment, or both, not to exceed the limits set forth in California Penal Code Section 19.

D.    In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions in this chapter shall be deemed a public nuisance and may be summarily abated by the city as such.

E.    Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provisions of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

F.    The Fire Chief shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this chapter. Officers or employees so designated shall have the authority to cite or arrest persons who violate any of said provisions. (Ord. 12-16 § 2 (Exh. A) (part))