Section 304.1.2(b)(7)(E) is hereby added as follows:
(E) Brea Very High Fire Hazard Severity Zone Requirements - Technical Design for New Construction Fuel Modification Plans and Maintenance Program.
Section 304.1.2(b)(7)(F) is hereby added as follows:
(F) Brush Clearance on all Existing Properties located within the Protection Area.
Section 307.6 Outdoor Fires in the Fuel Modification Areas is hereby added as follows:
307.6 Outdoor Fires in the Fuel Modification Areas. Outdoor, open or recreational fires using wood or other solid fuel shall not be built, ignited or maintained in the fuel modification area.
Exceptions:
1. Occupied one and two-family dwellings where such fires are built in a permanent or portable barbeque, gas outdoor fireplace, or gas grill and are a minimum of 15 feet (4572mm) from the dwelling, structures, decks and 30 feet (9144mm) from a grass, grain, brush, or forest-covered area. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.
2. Fires at official organized campsites or parks when located in permanent or portable barbeques or grill, incinerator, or outdoor fireplace (all equipped with some type of spark arrester) located at least 30 feet (9144mm) from combustible vegetation.
Section 307.6.1 Outdoor fires is hereby added as follows:
307.6.1 Outdoor fires. Outdoor, open burning and recreational fires shall not be built, ignited or maintained when the following conditions exist:
1. Predicated sustained winds exceed 8 MPH at the ground level, or a red flag condition has been declared.
2. A person age 18 or over is not present at all times to watch and tend such fire.
3. A public announcement is made that open burning is prohibited.
4. A viable water source or approved means of extinguishment is not immediately available.
Exceptions:
1. Occupied one and two-family dwellings where such fires are built in a permanent or portable barbeque, outdoor fireplace, or grill and are a minimum of 15 feet (4572mm) from any combustible material or structure. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.
2. Fires at official organized campsites or parks when located in permanent or portable barbeques or grill, incinerator, or outdoor fireplace (all equipped with some type of spark arrester) located at least 30 feet (9144mm) 10 from combustible vegetation.
Section 308.1.4 Open-flame cooking devices is deleted in its entirety.
Section 324 Christmas Tree Sales is hereby added as follows:
SECTION 324 CHRISTMAS TREE SALES
324.1 General.
No person shall sell, display for sale, or store for sale in the City of Brea, any cut Christmas tree, unless a permit therefor has been obtained from the Fire Department. Applicants must comply with all rules and regulations and obtain all required permits and licenses including a City business license.
324.1.1 Permit-When issued.
Permits to sell, display for sale, or store for sale cut Christmas trees in the City of Brea may only be issued for the period from November 5th to December 31st. The applicant must show that the proposed location and method of activity will not constitute a fire hazard or violation of law.
324.1.2 Cleanup deposit.
Each applicant, if other than a permanent established year-round business, shall pay a cleanup deposit in such amount as established by Resolution to the City Council. The applicant must agree that not later than the tenth day of January following the issuance of such permit, all unsold trees, combustible waste and accumulation of sawdust will be removed from the permitted location and disposed of properly. Following the tenth day of January the City may remove and dispose of accumulations and apply the deposit to costs, including overhead expenses (30%), incurred by such removal.
324.1.3 Return of deposit.
The Fire Marshal or designated person(s) will inspect permitted sites as soon as possible after January 10th of each year. Permittees who have completed the site cleanup will receive a refund of the cleanup guarantee deposit.
324.1.4 Liability.
Each permittee shall provide general liability insurance as required by the City of Brea Risk Manager, protecting against any claim for damages caused in any manner from the use of such lot or the keeping or sale of any Christmas trees therein or otherwise in the exercise of rights granted by such permit issued pursuant to this Section. A certificate of such insurance shall be filed with the Fire Marshal showing the City as a named additional insured hereunder.
Section 325 Projectile Firing is hereby added as follows:
Section 325 Projectile Firing. No person shall, in any brush or grass-covered area or area covered with flammable material, possess or fire or cause to be fired any tracer bullets, tracer charge, flammable propellant model rockets or any type of projectile that discharged smoldering or flammable material. Nothing in this section shall apply to any law enforcement officer acting in the course of such officer’s duties other than target practice.
Section 326 Development on or near Land Containing or Emitting Toxic, Combustible or Flammable Gasses or Vapors is hereby added as follows:
Section 326 Development on or near Land Containing or Emitting Toxic, Combustible or Flammable Gasses or Vapors
Section 326.1 All projects with sources of methane soil gas are subject to methane soil gas testing, passive or active mitigation, and methane detection and alarm systems. Projects shall be required to conform to the current adopted ‘Brea Fire Department Combustible Soil-Gas Guideline’.
Section 326.2 Additions or modifications to a lot or existing building in any identified methane area that expands the original footprint, shall be required to add methane mitigation requirements per the current adopted ‘Brea Fire Department Combustible Soil-Gas Guideline’.
Section 327 Fuel Modification Requirements for New Construction is hereby added as follows:
Section 327 Fuel Modification Requirements for New Construction. All new buildings and additions to be built or installed in areas containing combustible vegetation shall comply with the following:
1. The fuel modification plans shall meet the criteria set forth in the ‘Brea Very High Fire Hazard Severity Zone Requirements - Technical Design for New Construction Fuel Modification Plans and Maintenance Program’.
2. Preliminary fuel modification plans shall be submitted to and approved by the fire code official concurrent with the submittal for approval of any tentative map(s).
3. Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.
4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval by the fire code official.
5. All elements of the fuel modification plan shall be maintained in accordance with the approved plan and are subject to the enforcement process outlined in the Fire Code.
Section 328 Clearance of brush or vegetation growth from roadways is hereby added as follows:
Section 328 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to require areas within 10 feet (3048mm) or greater, if a higher fire hazard is present, on each side of portions of highways, roads, and private streets which are improved, designed or ordinarily used for vehicular traffic, to be cleared of flammable vegetation and other combustible growth. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.
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 329 Use of equipment is hereby added as follows:
Section 329 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated, in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester, as specified in Section 329.1, maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.
Exceptions:
1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.
2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition.
Section 329.1 Spark arrestors is hereby added as follows:
329.1 Spark arrestors. Spark arrestors shall comply with the following:
1. The device shall be constructed of nonflammable material specifically for the purpose of removing and retaining carbon and other flammable particles over 0.0232 of an inch (0.58 mm) in size from the exhaust flow of an internal combustion engine that uses hydrocarbon fuels or which is qualified and rated by the Unites States Forest Service.
2. Spark arrestors affixed to the exhaust system of engines or vehicles shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
Section 330 Restricted entry is hereby added as follows:
Section 330 Restricted entry. The fire code official shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry.
Exceptions:
1. Residents and owners of private property within hazardous fire areas and their invitees and guests going to or on their own land.
2. Entry, in the course of duty, by peace or police officers, and other duly authorized public officers, members of a fire department and members of the United States Forest Service.
(Ord. 1187, passed 12-6-16; Am. Ord. 1211, passed 11-19-19; Am. Ord. 1233, passed 11-15-22)