CHAPTER 8
FIRE PROTECTION

Article I. Fire Protection.

8.1 Adoption of the California Fire Code.

For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, those certain Codes and Standards known as the 2016 California Fire Code, California Code of Regulations, Title 24, Part 9, including Division II of Chapter 1, but excluding Section 103.2, and including Appendices Chapters 4, B, C, and H are hereby adopted. Further, to the extent not inconsistent with the 2016 California Fire Code, Chapters 3, 5, 8, and Appendix D of the 2015 International Fire Code published by the International Code Council, Inc. are hereby adopted. These Codes and Standards are hereby adopted and incorporated as fully as if set out at length herein, save and except such portions as are deleted, modified or amended by Section 8.3 of this City Code. Said Codes and Standards are adopted by reference pursuant to Sections 50020, et seq., of the Government Code of the State of California, and collectively shall be known as the Fire Code of the City of Fairfield. (Ord. 2007-23, § 1; Ord. 2010-11, § 1; Ord. No. 2013-24, § 1; Ord. No. 2016-12, § 1.)

8.2 Enforcement of the Fire Code.

The Fire Code shall be enforced by the Fire Chief or his or her designee. (Ord. 2007-23, § 1; Ord. No. 2009-16, § 2; Ord. 2010-11, § 1; Ord. No. 2013-24, § 1; Ord. No. 2016-12, § 1.)

8.3 Amendments, Additions and Deletions.

Notwithstanding the provisions of Section 8.1 of this City Code, the following sections and appendices of the Fire Code are amended as follows:

Chapter 1

Administration

Chapter 1, Administration, is amended as follows:

Subsection 102.7.3 – Supplemental rules and regulations, is added to read as follows:

102.7.3 Supplemental Rules and Regulations. The Fire Chief is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations in order to carry out the application and intent of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code and shall be available to the public during normal business hours. These rules and regulations shall be contained in the Fairfield Fire Department Prevention Standards, which shall hereinafter be referred to in this code as "Standards."

Subsection 103.3.1 – Fire Prevention Division Personnel and Police, is added to read as follows:

103.3.1 Fire Prevention Division Personnel and Police. The Fire Chief and personnel assigned to the Fire Prevention Division shall have the powers of a police officer in performing their duties under the following codes: California Fire Code, National Fire Codes, any fire or life safety sections of the California Building Code, Health and Safety Code, Public Resources Code, and other city, county, or state fire related laws or codes not specifically covered in any part of this code. 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.

Subsection 103.3.2 – Peace Officers, is added to read as follows:

103.3.2 Peace Officers. The Fire Chief is authorized to designate a member, or members, of the Fire Department as a peace officer as described in Section 830.37 of the California Penal Code who shall enforce the Penal Code and California Fire Code. These police powers include the issuance of citations (Notice to Appear), powers of arrest and detention.

Subsection 104.2.1 – Fees, is added to read as follows:

104.2.1 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 of this Code. In addition, this schedule may include a fire service fee to 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 service response to the scene of such an incident. A copy of the fee schedule shall be kept in the office of the City Clerk and the Office of the Fire Marshal and shall be available for public inspection.

Subsection 105.7 – Required construction permits, is amended to read as follows:

105.7 Required construction permits. The fire code official is authorized to issue permits for work as set forth in Chapter 1, Sections 105.7.1 through 105.7.19 of this Code. Whenever any work for which a permit is required by this Code has been commenced without first obtaining said permit, a penalty fee may be assessed in addition to the regular permit fees.

Subsection 105.7.19 – Security gates, is added to read as follows:

105.7.19 Security gates. A construction permit is required to install any gate, vehicular or pedestrian, that obstructs emergency access to a building or property.

Subsection 106.2.1 – Inspection requests, is amended to read as follows:

106.2.1 It shall be the duty of the permit holder to request an inspection not less than two business days before such inspection is desired. Such requests may be submitted to the fire code official via writing, telephone, or email. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.

Subsection 108.1 – Board of Appeals Established, is amended to read as follows:

108.1 Appeals. 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 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 his duly authorized representative shall be the hearing officer and his/her decision shall be final.

Subsections 108.2 and 108.3 shall be deleted in their entirety.

Subsection 109.4, Violation penalties, and Subsection 109.4.1, Abatement of violation, are amended to read as follows:

109.4 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 charged with either an infraction or misdemeanor at the discretion of the city attorney. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

109.4.1 Infraction. Except as provided in Section 109.4.2, persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

Subsection 109.4.2 – Misdemeanor, is added to read as follows:

109.4.2 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the Fire Chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:

104.11.2

Obstructing operations

104.11.3

Systems and Devices

107.6

Overcrowding

109.3.2

Compliance with Orders and Notices

111.4

Failure to comply

305.4

Deliberate or negligent burning

308.1.2

Throwing or placing sources of ignition

310.7

Burning Objects

3104.7

Open or exposed flame

Subsection 109.4.3 – Abatement of violation, is added to read as follows:

109.4.3 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. Cost of abatement is the responsibility of the property owner and steps to recover those costs will be taken, up to and including a lien against the property. Property owners shall be notified of any action taken as soon as possible.

Section 111.4 – Failure to comply, 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 $100 dollars or more than $500 dollars.

Chapter 2

Definitions

Section 202 – General Definitions, is amended by:

1. Amending the “Alteration” definition to read as follows:

ALTERATION – Any change or renovation to an existing structure other than a repair or addition. Alterations include, but are not limited to, the addition or elimination of walls within the existing building envelope and any modification to the structure that involves removal and replacement of finished wall surfaces.

2. Adding the following thereto the “Fire Area” definition:

FIRE AREA – For the purpose of calculating square footage for application of fire sprinkler requirements, the fire area shall include all combustible areas attached to the structure.

3. Adding the following definitions:

FIRE BREAK – A continuous strip of land, devoid of flammable vegetation, intended to prevent the spread of fire from one area to another.

FIRE TRAIL – An approved access road, including any concrete-lined erosion control or drainage ditch that allows fire personnel and equipment to suppress and prevent a surface extension of fire. Such trails shall be a minimum of 16 feet wide and shall not exceed a gradient determined to be unsafe by the Fire Chief. Such trails shall be kept clear of all debris and maintained so that dry grass or weeds do not exceed 4 inches in height.

TEMPORARY – Any use for a period of less than 180 days.

Chapter 3

General Requirements

Subsection 304.1 – Waste Accumulation Prohibited, is amended by adding the following:

All properties shall be maintained in accordance with Chapter 23 of the Fairfield City Code – Weeds and Rubbish and with Fairfield Fire Prevention Standard 95-45 – Vegetation Management.

Subsection 307.1 – General, is amended to read as follows:

307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted and approved with Sections 307.1.1 through 307.6.

Subsection 307.6 – Materials, is added to read as follows:

307.6 Materials. All materials used for bonfires, recreational fires, or in portable outdoor fireplaces shall be clean, uncontaminated wood, manufactured wood logs, or other such approved materials. Unapproved materials include, but are not limited to, contaminated wood, waste construction materials, garbage, yard waste and leaves, or other such materials that produce offensive or objectionable smoke emissions, and are prohibited from use.

Section 320 – Unattended Vehicles, is added to read as follows:

Section 320 Unattended Vehicles. It shall be unlawful for anyone to leave unattended any vehicle loaded with: hazardous materials (as defined in Section 2402.7 California Vehicle Code), explosives, cryogens, compressed gas, flammable or combustible liquids in excess of 60 gallons (not including fuel tank for engines), within 2,000 feet of any residential or commercial area or any other area that is deemed unsafe in the opinion of the Fire Chief.

Chapter 5

Fire Service Features

Subsection 503.1.2.1 – Access to open spaces, is added 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 development of any kind, the developer/property owner shall provide alternate acceptable access into the area(s), as approved by the fire code official, for fire personnel and apparatus. The developer/property owner shall be responsible for maintaining this access in drivable condition at all times.

Subsection 503.2.4 – Turning radius, is amended to read as follows:

503.2.4 Turning radius. A Fire Department access road shall have a minimum standard turning radius of 28 feet (8.5 m) inside and a 48-foot (14.6 m) outside diameter.

Subsection 503.2.7 – Grade, is amended to read as follows:

503.2.7 Grade. Fire Department access roads shall have a maximum grade of 15% in accordance with City of Fairfield Public Works Standards relating to public streets.

Subsection 503.3 – Marking, is amended by adding the following:

All markings shall be in accordance with Fairfield Fire Prevention Standard 92-40 – Designated Fire Lanes.

Subsection 503.6 – Security gates, is amended by adding the following:

Vehicular access gates or barriers shall be in accordance with Fairfield Fire Prevention Standard 95-44 – Access Gates.

Subsection 505.1 – Address identification, is amended to add the following:

Any business which 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. Address numbers shall be in accordance with Fairfield Fire Prevention Standard 87-7 – Building Identification.

Subsection 505.3 – Multi-family dwellings, is added to read as follows:

505.3 - Multi-family dwellings. At the main entrance driveway to each newly constructed multiple dwelling complex there shall be positioned an illuminated diagram (map) of the complex that lists all individual addresses of each unit in the complex. The design and location of the map shall be approved by the fire marshal.

Subsection 506.3 – Business plans, is added to read as follows:

506.3 Business Plans. Facilities that are required to submit hazardous materials business plans may be required to install an approved document storage cabinet in a location approved by the fire code official.

Chapter 6

Building Services and Systems

Subsection 606.10.1.2 – Manual operation, is amended by adding the following:

The manual valves shall be located in an approved location immediately outside of the machinery room, in a secure metal box and marked as Emergency Controls.

Chapter 9

Fire Protection Systems

Subsection 903.2 – Where required, is amended to read as follows:

903.2 Where required. An automatic fire extinguishing system shall be installed and maintained in all buildings hereinafter constructed with the following exceptions:

1. A single story structure with a maximum area of 2,000 square feet with a B, M, or U type occupancy not requiring a fire permit. The building may not create any condition that endangers existing structures or hampers emergency response.

2. Group R-3.1 occupancies converted from non-sprinklered R-3 occupancies and not housing more than one bedridden clients, not housing non-ambulatory clients above the first floor, and not housing clients above the second floor.

All Group R-1, R-2 and R-3.1 occupancies 5,000 square feet or larger allowed to install either a NFPA 13D or 13R system, will be required to install a full protection NFPA 13 automatic fire sprinkler system within the attic areas only. This is in addition to the 13D or 13R system in the habitable areas.

Subsections 903.2.1 – Group A, through Subsection 903.2.11.3., Buildings 55 feet or more in height, are deleted.

Subsection 903.3.5.2 – Residential combination services, is deleted in its entirety.

Subsection 903.6 – Where required in existing buildings and structures, is amended to add the following:

Any existing building which was not required to be protected by an automatic fire sprinkler system, according to codes in effect at the time of its construction, shall have installed throughout the building, in accordance with NFPA 13, an automatic fire sprinkler system whenever any of the following conditions are met:

1. Alterations, repairs or remodels. When the floor area of an alteration, repair or remodel exceeds 50% of the gross floor area of the existing building.

2. Additions. When the floor area of the addition shall increase the gross floor area of the existing building by 50%.

3. Change of occupancy. When there is a change in occupancy type, use or character of the building that results in an increased life safety or fire risk as determined by the Fire Chief.

Subsection 907.6.6.4 – List of fire alarm systems, is added to read as follows:

907.6.6.4 Listing of fire alarm systems. All fire alarm systems shall be UL listed Central Station service systems as defined by the National Fire Alarm and Signaling Code.

Subsection 907.6.6.5 – Certification, is added to read as follows:

907.6.6.5 Certification. Fire alarm systems shall be UL Certified and a Certificate of Completion and other documentation listed in Chapter 14 of the National Fire Alarm and Signaling Code shall be provided for all new fire alarm system installations.

Chapter 56

Explosives and Fireworks

Subsection 5601.1.3 – Prohibition, is added to read as follows:

5601.1.3 Prohibition. The use, sale and discharge of fireworks are prohibited.

1. Findings. The City Council finds that the sale, use and/or discharge in the City of Fairfield, 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 unless prohibited and/or regulated as set forth in this chapter.

2. Definitions. Any and all terms used in this chapter shall have the same meaning as defined in Health and Safety Code Sections 12500 et seq. and shall govern the construction of this chapter.

3. Applicability of State Law. This chapter 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, use, and/or discharge of fireworks in the City.

4. 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 following exceptions:

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 and strictly complies with all applicable provisions of this chapter, all regulations adopted by the Fire Chief, 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 fire code official and is classified as "exempt fireworks" in the Health and Safety Code.

Chapter 57

Flammable and Combustible Liquids

Subsection 5706.2.4.4 – Locations where above-ground tanks are prohibited, is amended to add the following:

The limits referred to in this Section, in which the storage of Class I and Class II flammable or combustible liquids in above-ground storage tanks is restricted, are hereby established as follows: areas not zoned IBP (Industrial Business Park) and/or not specifically designated for such use in a City policy plan or specific plan.

Subsection 5704.2.9.6.1 – Locations where above-ground tanks are prohibited, is amended to add the following:

The limits referred to in this Section, in which the storage of Class I and Class II flammable or combustible liquids in outside above-ground tanks is restricted, are hereby established as follows: areas not zoned IBP (Industrial Business Park) and/or not specifically designated for such use in a City policy plan or specific plan.

Chapter 58

Flammable Gases and Flammable Cryogenic Fluids

Subsection 5806.2 – Limitations, is amended to add the following:

The limits referred to in this Section, in which storage of flammable cryogenic fluids in stationary containers is restricted, are hereby established as follows: within 500 feet of the boundary of any zoning district or area designated for residential use.

Chapter 61

Liquefied Petroleum Gases

Section 6104.2 – Maximum capacity with established limits, is amended to add the following:

The limits referred to in this Section, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: within 500 feet of the boundary of any zoning district or area designated for residential use.

Appendix D

Fire Apparatus Access Roads

Appendix D is adopted with the following modifications:

Subsection D103.2 – Grade, is amended as follows:

D103.2 Fire apparatus access roads shall not exceed 15 percent in grade.

Subsection D103.6 – Signs, is amended to read as follows:

D103.6 Where required by the fire code official, fire apparatus access roads shall be marked with permanent NO PARKING – FIRE LANE signs complying with Fairfield Fire Prevention Standard 92-40 –Designated Fire Lanes.

Subsection D107.1 – One- or two-family dwelling residential developments, is amended as follows:

D107.1 One- or two-family dwelling residential developments. Developments of one- or two-family dwellings where the number of dwelling units exceeds 50 shall be provided with two separate and approved fire apparatus access roads.

(Ord. 2007-23, § 1; Ord. 2010-11, § 1; Ord. No. 2013-24, § 1; Ord. No. 2016-12, § 1.)

8.4 Penalties.

Repealed by Ord. 2007-23. (Ord. No. 80-29, § 1; Ord. No. 80-36, § 1; Ord. No. 82-1, § 1; Ord. No. 87-3, § 1; Ord. No. 88-11, § 1; Ord. No. 92-01, § 2; Ord. No. 95-24, § 1; Ord. No. 99-7, § 1; Ord. No. 2000-08, § 1; Ord. 2002-23, § 1.)

Article II. Administrative Citations.

8.5 Definitions.

a)    Enforcement Officer.

Enforcement officer shall mean any fire department employee authorized by the fire chief to enforce this chapter.

b)    Hearing Officer.

The city manager shall appoint one or more hearing officer(s) who shall serve at his/her pleasure. A hearing officer may be a city employee.

8.6 Administrative Citation.

a)    Whenever an enforcement officer determines a violation of any provision of this chapter has occurred, the enforcement officer has the authority to issue an administrative citation to the person responsible for the violation.

b)    Each administrative citation shall contain the following information:

1.    The date of the violation;

2.    The address or definite description of the location where the violation occurred;

3.    The section of this chapter violated;

4.    The Uniform Fire Code section violated, if applicable;

5.    A description of the violation;

6.    The amount of the fine for the violation;

7.    A description of the fine payment process;

8.    The time within which the fine must be paid;

9.    The location for payment for the fine;

10.    An order prohibiting the continuation or repeated occurrence of the violation and the time within which the violation must be corrected if applicable;

11.    A description of the appeal process;

12.    The time within which any appeal must be received;

13.    The location for registering an appeal; and

14.    The name and signature of the enforcement officer issuing the citation.

c)    The person cited shall be requested to sign the citation.

8.7 Amount of fine.

The amount of fines for first violations of this chapter and for second and third violations of the same section of this chapter within a one (1) year period of the first violation shall be set forth in a schedule of fines established by resolution of the city council.

8.8 Payment of fine.

a)    The fine shall be paid to the City within thirty (30) days of the date of the citation.

b)    Any administrative citation fine paid pursuant to subsection a) above shall be refunded if it is determined, after an appeal hearing, that there was no violation as charged in the citation.

c)    Payment of the administrative citation fine shall not excuse or discharge any continuation or repeated occurrence of the violation cited.

8.9 Hearing request.

a)    Any recipient of an administrative citation may contest the citation by requesting an appeal hearing within thirty (30) days from the date of the citation. The person requesting the appeal hearing shall deposit with the city, either the amount of the fine or a hardship waiver pursuant to section 8.10.

b)    The city shall set a time and place for the appeal hearing within thirty (30) days of receipt of a hearing request. The person requesting the appeal hearing shall be notified of the time and place for the hearing at least ten (10) days prior to the date of the hearing.

c)    Copies of any additional written reports submitted to the hearing officer by the enforcement officer prior to the appeal hearing shall be provided to the person requesting the hearing at least five (5) days prior to the date of the hearing.

8.10 Hardship waiver.

a)    Any recipient of an administrative citation who requests an appeal hearing and is financially unable to deposit the required fine may file a request for a hardship waiver of the advance deposit requirement.

b)    Requests for hardship waivers shall be filed with the request for an appeal hearing. The request shall be accompanied with a sworn affidavit, together with any supporting documents or materials, demonstrating to the satisfaction of the hearing officer the person’s actual financial inability to deposit the fine in advance of the appeal hearing.

c)    The hearing officer shall issue the hardship waiver or deny the request for a waiver within ten (10) days of receipt of such request. If the hearing officer denies the request for a waiver, he/she shall issue a written determination listing the reason(s) for the determination and shall serve the written determination on the person requesting the hardship waiver. The decision of the hearing officer shall be final.

d)    If the request for a hardship waiver is denied, the fine shall be deposited with the city within ten (10) days of the denial or thirty (30) days from the date of the citation, whichever is later.

8.11 Hearing procedure.

a)    At the appeal hearing, the party contesting the citation shall be given the opportunity to testify and to present evidence, including witnesses, concerning the alleged violation.

b)    The administrative citation and any additional reports submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents.

c)    The hearing officer may take the matter under submission or may continue the hearing and/or request additional information from either the enforcement officer or the person cited or both.

d)    Failure on the part of the person cited to appear at the hearing shall constitute a forfeiture of the deposited fine and a failure to exhaust all administrative remedies.

8.12 Hearing officer’s decision.

a)    After consideration of the testimony and evidence submitted at the hearing, the hearing officer shall issue a written decision to either uphold or dismiss the administrative citation. Such decision shall be accompanied by the reasons for the decision. The person cited shall be served with a copy of the decision. The decision of the hearing officer shall be final.

b)    If the citation is upheld, the fine amount on deposit with the city shall be retained by the city.

c)    If the citation is upheld and the fine has not been deposited in advance pursuant to a hardship waiver, the hearing officer shall set forth in the decision a payment schedule for the fine.

d)    If the citation is dismissed and the fine was deposited with the city, the deposited fine shall be refunded promptly.

8.13 Recovery of fines.

The city may collect any past due administrative citation fines and/or late payment charges by use of all available legal means.

8.14 Judicial review.

Any person aggrieved by the decision of a hearing officer may obtain review of the decision by filing a petition for review with the municipal court in Solano County in accordance with the timelines and provisions set forth in California Government Code Section 53069.4.

8.15 Notices.

All notices required under this chapter shall be served on the responsible party in accordance with the following provisions:

a)    If the person cited is not the owner of the business where the alleged violation occurred, written notice shall be personally delivered or sent by certified mail to the owner of the business at the address of the property where the alleged violation occurred.

b)    If the person cited is not the owner of the property where the alleged violation occurred, written notice shall be personally delivered or sent by certified mail to the property owner at the address shown on the last equalized county assessment roll.

c)    When personal service or service by certified mail upon the person cited is unsuccessful, a copy of the notice shall be posted in a conspicuous place on the property where the alleged violation occurred. (Ord. No. 98-20, § 2.)