15.04.115   California Fire Code amendments.
The California Fire Code, as adopted herein, is amended as follows:
A.   Definitions.
1.   Wherever the word “jurisdiction” is used in said California Fire Code, it shall mean the city of Yucaipa.
2.   Wherever the term “corporation counsel” is used in said California Fire Code, it shall mean the city attorney for the city of Yucaipa.
3.   Wherever the term “chief’ is used in said California Fire Code, it shall mean the fire chief of the city of Yucaipa, or authorized representative.
4.   Wherever the term “fire department” is used in said California Fire Code, it shall mean the fire department of the city of Yucaipa.
5.   An employee or agent of the city of Yucaipa, when enforcing the California Fire Code, the Yucaipa Municipal Code and other laws, rules and regulations relating to fire and life safety, fire prevention and fire investigation, shall be deemed a “peace officer” as those words are used in Section 830.31 of the California Penal Code.
B.   Amendments.
1.   A new Section 103.4 is hereby added to the California Fire Code to read as follows:
103.4 Cost Recovery. Fire suppression, investigation and rescue or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1. Any person who negligently, intentionally, or in violation of law, causes an emergency response, including but not limited to, a traffic accident or spill of toxic or flammable fluids or chemicals, is liable for the costs of securing such emergency, including those costs set out in Health and Safety Code Section 13009, et seq., and Government Code Section 53150, et seq. Any expense incurred by the fire department for securing such an emergency may constitute a debt of such person and may be collectible by the City in the same manner as in the case of an obligation under contract, expressed or implied.
2.   Section 104.1.1 is hereby added to the California Fire Code to read as follows:
104.1.1 Responsibilities. The Chief is authorized to administer and enforce this Code. Under the Chief’s direction, the fire department is authorized to enforce all ordinances of the jurisdiction and the laws of the State pertaining to the prevention of fires, the suppression or extinguishment of dangerous or hazardous fires, the storage, use and handling of hazardous materials, the installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment, the maintenance and regulation of fire escapes, the maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction, the maintenance of means of egress, and the investigation of the cause. origin and circumstances of fire and unauthorized releases of hazardous materials. Employees and agents of the City of Yucaipa are hereby authorized to interpret and enforce the provisions of this Code (except as provided in Section 108.1) and to make arrests and issue citations as authorized by law.
3.   Section 107.1.1 is hereby added to the California Fire Code to read as follows:
107.1.1 Permit Fees. Permit fees as established by City Council resolution shall be collected by the Finance Department. Proof of receipt shall accompany all permit applications prior to inspection and approval by the fire department.
4.   Section 111.1 of the California Fire Code is hereby amended to read as follows:
111.1 Board of Appeals Established. To determine the suitability of alternate materials and types of construction and to provide for reasonable and lawful interpretations of the provisions of this Code, there shall be and hereby is created a board of appeals, which shall be the City Manager of the City of Yucaipa, the Fire Chief, and the Planning Director. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing with a duplicate copy to the appellant.
5.   Section 202 of the California Fire Code is hereby amended by adding the following definitions:
ALL-WEATHER DRIVING SURFACE. An approved concrete, asphalt, or engineered surface approved by the Code Official of sufficient thickness to support the imposed loads of fire apparatus.
BED AND BREAKFAST. See Lodging House.
EXPLOSIVE MATERIALS. Explosive materials are explosives, blasting agents and detonators including, but not limited to, dynamite and other high explosives; slurries, emulsions and water gels; black powder and pellet powder; initiating explosives; detonators or blasting caps; safety fuses; squibs; detonating cord; igniter cord; igniters and fireworks, 1.3G (Class B special fireworks) and any explosives as defined in Section 841 of Title 18 of the United States Code and published pursuant to Section 55.23 of Title 27 of the Code of Federal Regulations.
FIREWORKS. Fireworks means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term fireworks includes, but is not limited to: devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. (H&SC 12511). Including, but not limited to, all fireworks defined in the California Health and Safety Code starting with Section 12500.
FIRE SAFETY OVERLAY DISTRICT. The Fire Safety Overlay Districts (FR1 and FR2) designated in high fire hazard areas and identified on the City’s General Plan hazards maps. Said areas (FR1 and FR2) may overlap or border areas identified by the State of California/Cal-Fire as “High Fire Severity Zone” or “Very High Fire Severity Zone”. The State of California Fire Marshal has designated area in the north, northeastern and eastern portions of the City of Yucaipa as ‘High Fire Hazard Severity Zone’ or ‘Very High Fire Severity Zone’ areas, in which all new construction must comply with requirements of the California Building Code Chapter 7A. Changes to the Fire Code Chapter 2, Definitions. Section: 202 has been amended by adding to the definition of Fire Safety Overlay Districts to coordinate the City’s existing labeled FR1 and FR2 zones into this new designation with State requirements. This change is also consistent with the City of Yucaipa General Plan.
HIGH EXPLOSIVE. An explosive material, such as dynamite, which can be caused to detonate by means of a No. 8 test blasting cap when unconfined and any explosive defined in Section 12000 of the California Health and Safety Code.
HAZARDOUS FIRE AREA. Land which is covered with grass, grain, brush or forest, whether privately, or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. Such areas are designated on maps entitled “Hazardous Fire Areas of San Bernardino County” on file in the office of the Chief.
MODEL ROCKET. Any toy or educational device, which weighs not more than 500 grams, including the engine and any payload, that is propelled by model rocket engines (H&SC 12519).
MODEL ROCKET ENGINE. A commercially manufactured, non-reusable rocket propulsion device which is constructed of a nonmetallic casing and solid propellant, wherein all of the ingredients are self-contained so as not to require mixing or handling by the user and which have design and construction characteristics determined by the State Fire Marshal to provide a reasonable degree of safety to the user (H&SC 12520).
6.   Section 305.5.1 is hereby added to the California Fire Code to read as follows:
305.5.1 Spark Arresters Required. All chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester, and the spark arrester shall meet all of the following requirements:
1.   The net area of the spark arrester shall not be less than four times the net area of the outlet of the chimney.
2.   The spark arrester screen shall have heat or corrosion resistance equivalent to 12 gage wire, 19 gage galvanized wire, or 24 gage stainless steel.
3.   Openings shall not permit the passage of spheres having a diameter larger than 1/2-inch and shall not block the passage of spheres having a diameter of less than 3/8-inch.
4.   The spark arrester shall be accessible for cleaning and the screen or chimney cap shall be removable to allow for cleaning of the chimney flue.
7.   Section 307.1.2 is hereby added to the California Fire Code to read as follows:
307.1.2 Burning Operations. The burning of salvage vehicles and salvage or waste materials shall be prohibited.
8.   Section 307.1.2.1 is hereby added to the California Fire Code to read as follows:
307.1.2.1 Material Restrictions. Open burning of rubbish containing paper products, trash and debris containing non-organic material is prohibited.
9.   Section 315.8. is hereby added to the California Fire Code to read as follows:
315.8 Removal. Combustible rubbish stored in containers outside of noncombustible vaults or rooms shall be removed from buildings at least once each working day or when determined by the Chief to be a fire hazard.
10.   Section 315.9 is hereby added to the California Fire Code to read as follows:
315.9 Abatement. In the event that abatement is not performed as required in this code, the Chief may give notice to the owner of the property upon which such condition exists to correct such prohibited condition, and if the owner fails to correct such condition the Chief may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists.
11.   Section 324 is hereby added to the California Fire Code to read as follows:
324 USE OF EQUIPMENT
324.1 General. 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 maintained in effective working order, or the engine is constructed, equipped, and maintained for the prevention of fire.
324.2 Spark Arrester. Spark arresters affixed to the exhaust system of engines or vehicles subject to this section 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.
324.3 Specifications. A spark arrester is a device 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 U.S. Forest Service.
EXCEPTIONS. 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. Turbocharged engines are not subject to this section if all exhaust gasses pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in effective mechanical condition.
12.   Section 325 is hereby added to the California Fire Code to read as follows:
325 RESTRICTED ENTRY
325.1 General. The Chief shall determine and publicly announce when hazardous fire areas shall be closed to entry and when such areas shall again be opened to entry. Entry on, and occupation of, hazardous fire areas, except public roadways, inhabited areas, or established trails and camp sites which have not been closed during such time when the hazardous fire area is closed to entry, is prohibited.
EXCEPTIONS: (1) residents and owners of private property within hazardous fire areas, and their invitees and guests going to, or being upon, their lands; (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 U.S. Forest Service.
13.   Section 326 is hereby added to the California Fire Code to read as follows:
326 TRESPASSING ON POSTED PROPERTY
326.1 General. When the fire code official determines that a specific area within a hazardous fire area 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.
326.2 Signs. Approved signs prohibiting entry by unauthorized persons and referring to applicable fire code chapters shall be placed on every closed area.
326.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.
EXCEPTION: Owners and occupiers of private or public property within closed and posed areas, their guests or invitees, and local, state or federal public officers and their authorized agents acting in the course of duty.
14.   Section 327 is hereby added to the California Fire Code to read as follows:
327 EXPLOSIVES AND BLASTING
327.1 General. Explosives shall not be possessed, kept, stored, sold, offered for sale, given away, used, discharged, transported, or disposed of within hazardous fire areas except by permit from the fire code official.
15.   Section 328 is hereby added to the California Fire Code to read as follows:
328 OUTDOOR FIRES
328.1 General. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas except by permit from the fire code official.
EXCEPTION. Outdoor fires within habited premises or designated camp sites where such fires are built in a permanent barbeque, portable barbeque, outdoor fireplace, incinerator or grill and are a minimum of 30 feet (9,144 mm) from a grass-, grain-, brush-, or forest­covered area.
328.2 Permits. Permits shall incorporate such terms and conditions that will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon hazardous fire areas under the following conditions:
1.   When high winds are blowing.
2.   When a person aged 17 or over is not present at all times to watch and tend such fire.
3.   When public announcement is made that open burning is prohibited.
328.3 Prohibited Burning. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material.
16.   Section 503.1 of the California Fire Code is hereby amended to read as follows:
503.1 Where Required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through
17.   Section 503.1.4 is hereby added to the California Fire Code to read as follows:
503.1.4 Fire Apparatus Access. Plans for fire apparatus access roads or modification of fire apparatus access roads shall be submitted to the fire marshal for review and approval prior to construction.
18.   Section 503.1.5 is hereby added to the California Fire Code to read as follows:
503.1.5 Fire Lane Designation. The Chief may designate fire apparatus access roads as “Fire Lane,” pursuant to the provisions of Vehicle Code Section 22500.1.
19.   Section 503.2.3 of the California Fire Code is hereby amended to read as follows:
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus, minimum of 75,000 lbs., and shall be provided with a surface so as to provide all-weather driving capabilities. Gravel, Turf block, Ritter Rings, Turf Paver and other similar products shall not be used for fire department access surfacing.
20.   Section 503.2.7 of the California Fire Code amended to read as follows:
503.2.7 Grade. The gradient for fire apparatus access road grades shall not exceed the maximum of 12% unless approved by the Chief.
21.   Section 505.1 of the California Fire Code is hereby amended to read as follows:
505.1 Premises Identification. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background.
New Group R, Division 3 Occupancy addresses shall be posted with a minimum of 4-inch (102 mm) numbers, visible from the street, and during the hours of darkness the numbers shall be low voltage, internally electrically illuminated. Posted numbers shall contrast with their background and be legible from the street. Where building setbacks exceed 100 feet (30,480 mm) from the roadway or where the addresses are not visible from the roadway, additional non-illuminated contrasting 4-inch (102 mm) numbers shall be displayed at the property entrance.
New Group A, B, E, F, H, I, L, M, R Division I and S occupancy addresses shall be posted with a minimum of 8-inch (203 mm) numbers, visible from the street, and during the hours of darkness shall be electrically illuminated. Where the building setback exceeds 200 feet (60,960 mm) from the roadway or where the addresses are not visible from the roadway, additional non-illuminated contrasting 6-inch (152 mm) numbers shall be displayed at the property entrance. Commercial occupancies with multiple tenants shall be posted with a minimum of 3-inch contrasting numbers displayed on the rear doors of the tenant spaces.
22.   Section 505.1.1 is hereby added to the California Fire Code to read as follows:
505.1.1 Map Directory. A lighted directory map shall be installed and maintained at each driveway entrance to multiple unit residential projects and mobile home parks, where the total number of units in the project exceeds fifteen (15).
23.   Section 605.3.1 is hereby added to the California Fire Code to read as follows:
605.3.1 Sparks from Chimneys. Chimneys used in conjunction with fireplaces or heating appliances in which solid or liquid fuel is used shall be equipped and maintained with an approved / listed spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, copper, brass or woven galvanized wire mesh. The spark arrester screen shall have heat and corrosion resistance equivalent to 12-gauge wire, 19-gauge galvanized wire or 24-gauge stainless steel. Openings shall not permit the passage of spheres having a diameter larger than 1/2-inch (12.7 mm) and shall not block the passage of spheres having a diameter of less than 3/8-inch (9.5 mm). The screen shall be mounted per the manufacturers listing in or over all outside flue openings in a vertical or near vertical position, adequately supported to prevent movement and visible from the ground.
24.   Section 605.3.2 is hereby added to the California Fire Code to read as follows:
605.3.2 Incinerators. Free-standing noncommercial incinerators are prohibited. Commercial and industrial incinerators shall be in accordance with other governing agencies regulating emissions. For other requirements and for other types of incinerators, see the Building and Mechanical Codes.
25.   Section 905.4 of the California Fire Code is hereby amended by adding the following:
7.   The centerline of the 2.5" outlet shall be no less than 18" above, and no more than 24" above, the finished floor.
8.   Outlets shall be provided on every floor of the building.
9.   Every new building with any horizontal dimensions greater than 300 feet (91,440 mm) shall be provided with either access doors or a 2.5" outlet so that all portions of the building can be reached with 150 feet (45,720 mm) of hose from an access door or hose outlet. Required access doors shall be located in the exterior of the building and shall be accessible without the use of a ladder. The door dimensions shall be not less than 3 feet (914 mm) in width, and not less than 6 feet 8 inches (2,032 mm) in height.
26.   Section 2809.1.1 is hereby added to the California Fire Code to read as follows:
2809.1.1 Pallet Yards. Pallet storage, handling, repair or manufacturing shall comply with the requirements of this Article. Pallets must be stored in an orderly manner not to exceed 16 feet in height, 20 feet in width, and 70 feet in length. Pile separation shall be a minimum of 20 feet and no closer than 26 feet to property lines or exposures. Fire department access roadways shall be no less than 26 feet in width with a vertical clearance of 14 feet 6 inches. All fire department roadways shall be maintained within 150 feet of all pallet storage and structures. Pallet yards shall be considered as a heavy industrial use.
27.   Section 3703.4.1 is hereby added to the California Fire Code to read as follows:
3703.4.1 Storage of Agricultural Products. Hay, straw and other similar agricultural products shall not be stored adjacent to buildings (except shade structures), property lines, or other combustible material unless a cleared horizontal distance equal to the height of pile or 20 feet, whichever is greater, is maintained between such storage and combustible material, property lines and buildings.
28.   Section 4901.3 is hereby added to the California Fire Code to read as follows:
4901.3 General. A Fuel Modification Plan, approved by the Chief, may be required for new development within the fire overlay districts. The Fuel Modification Plan shall include mitigation measures consistent with the unique problems resulting from the location, topography, flammable vegetation and climate of the proposed site within the FR1 and FR2 Zones. The Fuel Modification Plan shall address water supply, access, building ignition and the fire resistance, fire protection systems and equipment, defensible space and vegetation management. The Fuel Modification Plan shall be consistent with the Interface Code, Appendix TIA and the City of Yucaipa Development Code, or at the option of the Chief, with other nationally recognized standards and good practice.
29.   Section 4905.4 is hereby added to the California Fire Code to read as follows:
4905.5 Construction Within FR-1 and FR-2 Overlay Zones
1.   General Provisions.
a.   The provisions of this section shall apply to all phases of a development project.
b.   A notice of all land use applications and/or development permits that would lead to the construction of structures or the subdivision of land shall be filed with the responsible fire authority by the Community Development Department.
c.   All proposed land use applications that would lead to the construction or expansion of a structure or the subdivision of land shall be submitted to the responsible fire authority and the appropriate Resource Conservation District Office for review and recommendation. Any recommendations received shall be indicated in any staff report and/or presentation for the proposed development and shall be incorporated into the conditions of approval where possible.
d.   All proposed development must meet all other applicable standards set forth by the responsible fire authority.
e.   When the requirements of the underlying land use district or an applicable specific plan are more restrictive than the provisions of this section, such requirements shall prevail.
f.   When an addition, alteration, enlargement or reconstruction of a structure equals or exceeds fifty percent (50%) of the existing structure, or twenty-five percent (25%) of the roof for the roofing requirements only, the provisions of the City of Yucaipa Development Code, regarding construction requirements shall apply to the entire structure and/or the whole roof as applicable. Such structures and/or roofs shall be entirely retrofitted to comply with the provisions of this section.
2.   Division of Review Areas. The Fire Safety Review Areas, as established by CAL FIRE and adopted by the City of Yucaipa. Each represents a different level of wildland hazard. A different set of requirements is applied in each review area. The provisions for these requirements, are cumulative in that all of the requirements that are specified for Fire Safety Review Area 2 shall also apply to Fire Safety Review Area 1, in addition to those specified for only Fire Safety Review Area 1.
a.   Fire Safety Review Area 1 (FR1). Fire Safety Review Area 1 includes wildland areas that are marginally developable, areas which are not likely to be developed, and the area of transition between wildlands and areas that are partially developed or are likely to be developed in the future. The area of transition is often characterized by an abrupt slope change. Natural hazards are prevalent throughout Area 1, especially in areas with natural ungraded slopes greater than thirty percent (30%). Area 1 includes areas of very high to extreme fire hazard.
b.   Fire Safety Review Area 2 (FR2). Land within Area 2 is relatively flat, and is either partially or completely developed, or, if it is not developed, is usually suitable for development. Present and future development within Area 2 is exposed to the impacts of wild land fires and other natural hazards primarily due to its proximity to Area 1.
3.   Area FR1 and FR2 Requirements.
a.   Construction Requirements.
(1)   Roof coverings shall be either non-combustible or fire retardant with a minimum Class A rating, as defined in the California Building Code. Wood shake or shingle roof coverings are not permitted.
(2)   Every chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used, shall be maintained with a spark arrester. An approved spark arrester shall mean a device constructed of stainless steel, copper or brass, woven galvanized wire mesh, twelve (12) gauge minimum of three-eights (3/8) inch minimum to one-half (1/2) inch maximum openings, mounted in or overall outside flue openings in a vertical and near vertical position, adequately supported to prevent movement and visible from the ground.
(3)   Louvers, ventilators, or openings in walls, roofs, attics, and under floor areas having headroom less than four (4) feet in height which are not fitted with sash or doors, shall be covered with wire screen. The screen covering such openings shall be of galvanized metal or copper and shall have a maximum mesh of one-quarter (1/4) inch.
(4)   Eave-type attic ventilators are prohibited.
(5)   The space between rafters at exterior walls shall be solidly filled with tight-fitting wood blocks at least one and one-half (1-1/2) inches thick.
(6)   Fuel tanks (e.g., liquefied petroleum tanks) shall be located at least ten (10) feet away from any structure and in accordance with the California Fire Code.
(7)   All non-accessory buildings shall have reflective and noncombustible building address numbers with at least three inch (3") high lettering visible from the road on which the structure fronts.
(8)   All buildings on lots created after the effective date of this section shall be set back at least thirty feet (30') from the boundary of the San Bernardino National Forest.
(9)   Structures in areas with slopes exceeding thirty percent (30%) and thirty feet (30') in height shall comply with the following:
(a)   Where structures are proposed or within two hundred (200) feet of slopes that are greater than thirty percent (30%) prior to grading and where such slopes are at least thirty (30) feet in height, the vegetation on such slopes shall be treated in such a manner that it becomes a fuel modified area. Such fuel modified area shall be maintained for either the entire slope, or one hundred (100) feet, or to the property line, whichever distance is less.
(b)   Where grading is utilized which does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes which are greater than thirty percent (30%) and which are greater than thirty (30) feet in height, structures shall be set back at least thirty (30) feet from the edge(s) of the graded area adjacent to such natural ungraded slopes.
(10)   All areas used for the storage of firewood, or other flammable materials shall either be at least thirty (30) feet away from all structures, or wholly enclosed within a structure.
(11)   Fire hydrants shall be identified by a method specified by the Fire Authority.
(12)   There shall be vehicular access, at least twelve (12) feet in width, to within at least ten (10) feet of any static water source including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two and one-half (2-1/2) inch National Hose Thread Fitting or directly to the source. This requirement shall be waived if the fire authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.
b.   Building Separations.
(1)   Building Separation Standards.
(a)   All buildings on parcels created after the effective date of this section and all other parcels with lot widths sixty (60) feet of greater shall have exterior wall separations of at least thirty (30) feet.
(b)   All buildings on parcels created prior to the effective date of this section with lot widths less than sixty (60) feet shall have interior side yards which shall not be less than five (5) feet and need not exceed fifteen (15) feet. In no case shall exterior wall separations be less than ten (10) feet for all buildings, including those on adjoining parcels.
(c)   When exterior walls of residential and accessory buildings or portions thereof are within fifteen (15) feet of interior side or rear lot lines, or the exterior wall separation is less than thirty (30) feet, the following shall apply:
(i)   The outside of all such exterior walls or portions thereof shall be covered with materials which are approved for exterior locations and are of fire resistive construction as defined in the California Building Code;
(ii)   All exterior doors made of wood or wood portions shall be solid core wood; and
(iii)   Windows, skylights, sliding glass doors or glass inserts in doors shall be constructed of approved tempered dual-pane glass.
(2)   Intent of Standards. The intent of the exterior wall separation standards is to reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure.
(3)   Alternate Measures (Exterior Wall Separation). Pursuant to Subsection 5, of this section and dependent upon site specific conditions, the following measures or combinations thereof may be substituted for the exterior walls separation requirements specified for all buildings in Subsection b(1)(a) above; provided, that in no case shall such exterior wall separations be less than ten (10) feet:
(a)   The expansion of fuel modified areas around the development perimeter of the development project beyond that required through the provisions of this section or other parts of this Title.
(b)   A substantial transfer of density from steeper slopes, including areas with slopes less than thirty percent (30%) if they exist on site, to less steep areas within the development project.
(c)   Clustering of structures away from the development perimeter and away from fire hazardous areas. When this alternative is utilized, multi-residential dwelling units shall be located as far as practical from fuel modified areas and fire hazardous areas.
(d)   The provision of more fire resistive construction standards than normally required through the provisions of the Fire Safety (FR) District and otherwise required through the California Building Code or California Fire Code.
(e)   Other alternate measures if approved by the Community Development Department pursuant to the provisions of Subsection 5 of this section.
c.   Project Design Requirements.
(1)   All development projects and each phase thereof, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two (2) points of vehicular ingress and egress, designed to City roadway standards, with a minimum width of twenty-four (24) feet of all-weather surface as defined in the California Fire Code, from existing and surrounding streets. One such point of vehicular access may be an emergency access route with an all-weather surface if the Community Development Department makes and justifies all of the following findings:
(a)   Two points of non-emergency access are physically infeasible.
(b)   Provisions have been made to reasonably ensure that the emergency access will be maintained.
(c)   Based on the review and consideration of the Fire Authority’s recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.
(2)   All development projects shall provide eight (8) inch or larger circulating (loop) water mains as required by the California Fire Code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements (gallons per minute (GPM) for a minimum number of hours or portions thereof) as specified by the minimum system standards established by the Fire Authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de-sacs. In areas not served by water purveyors, on-site fire flow and water storage requirements will be as specified by the California Fire Code.
(3)   All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to City standards and visible at all street intersections.
(4)   Fuel Modification Areas.
(a)   A permanent fuel modification area may be required around development projects of portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The recommended width of the fuel modification area shall be determined by the responsible Fire Authority in conjunction with the Fire Department, but in no case shall it be less than the lot line one hundred (100) feet in width as measured from the development structure(s) perimeter. The width of the fuel modification area shall be determined based upon:
(1)   The natural ungraded slope of the land within the project and in the areas adjacent to the project;
(2)   Fuel loading;
(3)   Access to the project and access directly to the fuel modified area;
(4)   The on-site availability of water that can be used for firefighting purposes;
(5)   Adequate provisions shall be made for the continual maintenance of such areas, and, where feasible, such areas shall be designated as common open space rather than private open space;
(6)   Fuel modification areas shall also incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion.
(b)   When development projects are phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible fire authority in conjunction with the Fire Department and shall be based upon the same consideration described in Subsection c(4)(a) of this section for permanent fuel modification areas.
(c)   Erosion and Sediment Control. All development projects, building permits, grading and any other significant land disturbing activity shall install erosion control measures in compliance with the provisions established by Title 16, Land Use and Development of the Highland Municipal Code for such erosion control measures.
4.   Additional Area 1 (FR1) Requirements. The following requirements apply only to Area 1, in addition to those specified for both Areas 1 and 2.
a.   Construction Requirements.
(1)   The outside of all exterior walls shall be covered with materials which are approved for exterior locations and listed as one (1) hour fire resistive construction as defined in the California Building Code. All exterior doors made of wood or wood portions shall be solid core wood. A standard hose bib shall be provided along the exterior of the building.
(2)   All windows, skylights, sliding glass doors or glass inserts in doors shall be constructed of approved tempered dual-pane glass.
(3)   Cantilevered or standard type decks shall be:
(a)   Constructed with a minimum of at least one and one-half (1-1/2) inch wood decking; and/or
(b)   Protected on the underside with materials approved for one (1) hour fire-resistive construction; and/or
(c)   Of noncombustible materials, as defined in the California Building Code.
(4)   Patio covers attached or within ten (10) feet of a residential structure with plastic, bamboo, straw or fiberglass or wood lathe lattice made of materials which are one-half (1/2) inch or less in width shall be prohibited.
(5)   Exposed piping, except for plumbing vents above the roof, shall be noncombustible as defined in the California Building Code.
(6)   A fire hydrant capable of providing the minimum fire flow as required in California Fire Code Appendix B, with two two-and-one-half (2-1/2) inch hose connections and one four (4) inch hose connection shall be available within 600 feet of any portion of the structure.
(7)   All fences required adjacent to fuel modification areas or wildland areas as conditions of approval for a development project shall be constructed of noncombustible materials as defined in the California Building Code. All other fences, including those on the interior of such development project, are not subject to this requirement.
(8)   Private driveways or access roadways for residential units shall not exceed one hundred fifty (150) feet in length, unless approved by the fire authority pursuant to Section 503; and Appendix D of the California Fire Code.
(9)   Roof coverings shall be either non-combustible or shall be fire retardant material not composed of organic fiber with minimum Class A rating, as defined in the California Building Code.
(10)   Unenclosed or project roof-ceiling or roof-ceiling assemblies which contain concealed space shall have the ceiling protected on the exposed surface with materials approved for one hour construction.
b.   Project Design Requirements.
(1)   Every development project application submitted to the Community Development Department shall be reviewed by Community Development Department staff through a pre application conference with the project proponent prior to the acceptance of the application for filing.
(2)   A slope analysis shall be filed with all development project land use applications. The slope analysis shall include the following information:
(a)   A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The counter interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the general natural ungraded slope is more than ten percent (10%). Contour lines are to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
(b)   The natural, ungraded slope categories to be computed are zero percent (0%) to less than fifteen percent (15%), fifteen percent (15%) to less than thirty percent (30%), thirty percent (30%) to less than forty percent (40%), and forty percent (40%) or greater.
(c)   The area, in acres, shall be tabulated for each category.
(3)   A preliminary grading plan shall be filled with all development project land use applications, except that preliminary grading plan requirements may be waived by the Community Development Director if it is determined through the required pre-application conference that such requirements are unnecessary due to site specific soils, topographic or other physical conditions, or due to the specific design of the project. The preliminary grading plan shall include the following:
(a)   A topographic map of the proposed project area and all adjoining properties within one hundred fifty (150) feet at a scale of not less than one (1) inch to two hundred (200) feet. The contour interval shall not be more than two (2) feet except that the contour interval may be five (5) feet if the natural ungraded slope is more than ten percent (10%). Contour lines are to be obtained by aerial or field survey, done under the supervision of a licensed Land Surveyor, or Registered Engineer.
(b)   Contours of the finished graded slope shall be shown at intervals similar to that on the topographic base map.
(d)   Street grades, slope ratios, flow lines, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over five (5) feet in vertical height, the maximum heights of those slopes approximate total cubic yards of cut and fill shall be shown on the preliminary grading plan.
(e)   Compliance with Appendix J of the current edition of the California Building Code, as adopted by the City of Yucaipa, is required.
(f)   In the event no such grading is proposed, a statement to that effect shall be placed on the required topographic map described in Subsection 2(a) above and this map shall delineate the boundary of an adequately sized building pad, driveway and septic system (if proposed) for each parcel proposed.
(4)   Perimeter Access to Fuel Modified and Fire Hazard Areas.
(a)   Standards. Development projects shall provide for adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area or a fire hazard area. Provisions shall be made and shall be required, where necessary, through conditions of, development project approval for the continual maintenance of the areas intended to provide such access. Perimeter access shall be provided, either through one of the following two measures or through the alternate measures cited in this section:
(i)   The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is accessible to firefighting equipment. Such a road shall be capable of supporting firefighting equipment, shall be at least twenty (20) feet in width and shall not exceed a grade of sixteen percent (16%). The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained if it is not within the publicly maintained road system.
(ii)   Development projects shall provide access ways, at least fourteen (14) feet in width, with a grade not to exceed sixteen percent (16%) and capable of supporting fire fighting vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of three hundred fifty (350) feet along each street. The conditions of approval for the development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be paved and shall be designed so as not to detract from the visual quality of the project.
(b)   Intent of Standards. The intent of the standards described in Subsection 4.b(6) is to permit fire fighting vehicles to have adequate access into areas between fire hazardous areas or fuel modified areas and the development perimeter, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. An additional intent of these standards is to prevent structural development from becoming a barrier between firefighting equipment and personnel and the development perimeter.
(c)   Alternate Measures. Pursuant to Subsection 5 of this section and dependent upon site specific conditions, alternate measures which meet the intent of the standard in Subsection 4.b(6)(a) above for providing perimeter access to fuel modified and fire hazard areas may be utilized.
(5)   Length of Cul-de-Sacs.
(a)   Standard cul-de-sacs shall not exceed three hundred fifty (350) feet in length, except that they may be extended as allowed by this subsection.
(b)   Exception for parcels of less than five (5) acres in area. Cul-de-sacs may exceed three hundred fifty (350) feet in length but shall not exceed six hundred (600) feet in length if:
(i)   Alternate measures are utilized pursuant to the provisions of Section 19.50 of this Article; or
(ii)   Based upon consideration of the recommendation of the Fire Authority, the Community Development Department determines that the cul-de sac is situated and designed such that the parcels taking access from it are not contiguous to or exposed to either undeveloped fuel modified areas along the development perimeter of the project or to fire hazard areas, and that the extension of the cul-de sac will not increase the exposure of buildings to wildland fires.
(c)   Exception for parcels greater than five (5) acres in area. Cul-de-sacs may exceed six hundred (600) feet in length if all parcels that take access from the cul-de-sac are five (5) acres or greater in area and:
(i)   The proposed cul-de-sac is not within or adjacent to areas that are zoned for or subdivided to parcels of five (5) acres or less.
(ii)   Alternate measures are utilized pursuant to the provisions of Subsection 5 of this section.
(d)   Intent of Standard. The intent of limiting cul-de-sac lengths is to limit the exposure of development and human activity to hazardous fire areas where one rather than two points of access are provided, especially when such cul-de-sacs are directly exposed to fire hazard areas. The provision of only one point of access increases exposure to fire and inhibits the fighting of wild land fires due to the following factors:
(i)   If the single access point becomes blocked, structures exposed to fire cannot be protected by fire fighting vehicles.
(ii)   Fire fighting vehicles can be trapped on a cul-de-sac if the single access is blocked.
(iii)   In order for fire fighting vehicles to turn around, they usually must travel to the end of the cul-de-sac where adequate room for turning is available.
(iv)   All vehicles evacuating a cul-de-sac during a fire will be traveling in the opposite direction to fire fighting vehicles moving into a cul-de-sac, impeding the ingress of the fire fighting vehicles as well as the egress of the evacuees.
(v)   Development of individual cul-de-sacs which intrude into and are generally surrounded by rugged wild land terrain have greater exposure to wild land fire because the fire may come from several directions at once.
(e)   Alternate Measures. Pursuant to Subsection 5 of this section and dependent upon site specific conditions, one of the following measures or combinations thereof may be used to mitigate the effect of creating cul-de-sacs up to six hundred (600) feet in length with parcels less than five (5) acres in area:
(i)   Limitation of the total number of dwelling units which have access to the cul-de-sac to no more than fifteen (15), and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the cul-de-sac. Such restrictions shall be imposed through the conditions of approval of the development project.
(ii)   A continuous perimeter access road at least twenty (20) feet in width is provided along the portion of the cul-de-sac exposed to fire hazard or fuel modified areas such that it is drivable under normal conditions by fire fighting vehicles, provides adequate maneuvering space for such vehicles, and is designed such that at least one point of access to the perimeter access road is taken from roads other than the cul-de-sac in question.
(iii)   The cul-de-sac road will have a paved width of at least forty (40) feet with posted no parking for its entire length and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on or off site.
(iv)   Other alternate measures approved by the Community Development Department pursuant to Subsection 5 of this section.
(6)   Alternate Hazard Protection Measures.
(a)   Applicability. The following provisions shall apply only to the standards and requirements of Subsections 3.b, regarding building separations; 4.b(6), regarding perimeter access; and 4.b(7) regarding length of cul-de-sacs.
(b)   Intent. The intent of this subsection is to allow greater design flexibility than would otherwise be permitted in order to provide a more efficient and effective achievement of the purposes of the Fire Safety Regulations: Design flexibility is provided by allowing the substitution of alternate measures for the established standards or requirements if it is found that they provide the same or a greater level of protection from wildland fires and other natural hazards, and that they will fulfill the same purpose as the established standard or requirements.
(c)   Substitution of Alternative Measures for Standards and Requirements.
(1)   If alternative measures are proposed, the Fire Department shall determine, with specific consideration of the effect of the proposed alternative measures, whether the proposed development project has adequate provisions for fuel modification and management, including the ongoing maintenance of fuel modified areas.
(2)   If the Fire Department makes a positive determination pursuant to Subsection 5.c(1) of this section, then alternate measures may be substituted for the established standards and requirements if the Community Development Department with consideration of the recommendation of the Fire Authority, finds and justifies all of the following:
(a)   Alternative measure(s) have been substituted which meet the intent of and which serve the same purposed as the established standards or requirement.
(b)   The alternative measure(s) that have been substituted provide the same or a greater level of protection or are as effective as the established standard or requirement.
(c)   There are clear and substantial reasons for utilizing the alternative measure(s) because they provide for a more efficient and economic use of the site, or provide for a superior physical design, and are consistent with the intent of the Fire Safety (FR) District.
30.   Section 4907.3.1 is hereby added to the California Fire Code to read as follows:
4907.3.1 Clearance of Brush or Vegetative Growth From Structures
4907.3.1.1 General. Persons owning, leasing, controlling, operating, or maintaining buildings or structures in, upon, or adjoining hazardous 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 (9,144 mm) of such buildings or structures.
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 from 30 to 100 feet (9,144 mm to 30,480 mm) from such buildings or structures when required by the fire code official because of extra hazardous conditions causing a firebreak: of only 30 feet (9,144 mm) to be insufficient to provide reasonable fire safety.
EXCEPTION: Grass and other vegetation located more than 30 feet (9,144 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 (3,048 mm) of the outlet of a chimney.
4.   Maintain trees adjacent to or overhanging a building free of deadwood.
5.   Maintain the roof of a structure free of leaves, needles, or other dead vegetative growth.
4907.3.1.2 Corrective Actions. The fire code official will give notice to the owner of the property upon which conditions regulated by Section 317.1 exist to correct such conditions. If the owner fails to correct such conditions, the fire code official 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.
31.   Section 4907.3.2 is hereby added to the California Fire Code to read as follows:
4907.3.2 Clearance of Brush or Vegetative Growth from Transmission Lines
4907.3.2 Support Clearance. Persons owning, controlling, operating or maintaining electrical transmission or distribution lines upon hazardous fire areas, including, but not limited to, any mountainous land, forest-covered land, brush-covered land, or grass-covered land 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 combustion free space consisting of a clearing of not less than 10 feet in each direction from the outer circumference of such pole, tower or line.
EXCEPTION: Lines used exclusively as telephone, telegraph, messenger call, alarm transmission or other lines classed as communication circuits by the Public Utilities Commission. The Chief may permit other exceptions from the requirements of this section that are based upon the specific circumstances involved.
4907.3.2.1 Electrical Distribution and Transmission Line Clearance. Except as otherwise provided in Sections 318.3 below, any Persons owning, controlling, operating, or maintaining electrical transmission or distribution lines upon hazardous fire areas, including but not limited to any mountainous land, forest-covered land, brush-covered land, or grass-covered land shall maintain the clearance specified in all directions between vegetation and conductors carrying electrical current: The Chief may permit exceptions from the requirements of this section which are based upon the specific circumstances involved.
4907.3.2.2. Exceptions to Minimum Clearance Provisions. Low voltage lines: Section 318.2 above does not apply if the transmission or distribution line voltage is 750 volts or less. Poles and towers: The minimum clearance provisions of Section 318.1 above are not required around poles and towers, including line junction, comer and dead end poles and towers:
A.   Where all conductors are continuous over and through a pole or tower; or
B.   Where all conductors are not continuous over or through a pole or tower, provided all conductors and subordinate equipment are of the types listed below and are properly installed and used for the purpose for which they were designed and manufactured.
(1)   Compression connectors.
(2)   Automatic connectors.
(3)   Parallel groove connectors.
(4)   Hot line tap or clamp connector that are designed to absorb any expansion or contraction by applying spring tension on the main line or running conductor and top connector.
(5)   Fargo GA 300 series piercing connectors designed and manufactured for use with tree wire.
(6)   Flat plate connectors installed with not less than two bolts.
(7)   Tapered C-shaped member and wedge connectors.
(8)   Solid blade single phase bypass switches and solid blade single phase disconnect switches associated with circuit reclosures, sectionalizers and line regulators.
(9)   Equipment that is completely sealed and liquid filled.
(10)   Current limiting, non-expulsion fuses.
4907.3.2.3 Abatement. In the event that the abatement is not performed as required in Section 4907.3.2.1 or 4907.3.2.2 of this section, the Chief may give notice to the owner of the property upon which such condition exists to correct such prohibited condition. If the owner fails to correct such condition, the Chief may cause the same to be done and make the expense of such correction a lien upon the property upon which such condition exists.
32.   Section 4907.4 is hereby added to the California Fire Code to read as follows:
4907.4 Clearance of Brush or Vegetation Growth from Roadways
4907.4.1 General. The fire code official is authorized to cause areas within 10 feet (3,048 mm) on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic to be cleared of flammable vegetation and other combustible growth. The fire code official is authorized to enter upon private property to do so.
EXCEPTION: Single specimens of trees, ornamental shrubbery or cultivated ground covers, provided that they do not form a means of readily transmitting fire.
33.   Section 4907.5 is hereby added to the California Fire Code to read as follows:
4907.5 Unusual Circumstances
4907.5.1 General. The fire code official may suspend enforcement and require reasonable alternative measures designed to advance the purposes of this chapter if they determine in any specific case that any of the following conditions exist:
1.   Difficult terrain.
2.   Danger of erosion.
3.   Presence of plants included in any state or federal resources agencies, California Native Plant Society, and County approved list of wildlife, plants, rare, endangered and/or threatened species.
4.   Stands or groves of trees or heritage trees.
5.   Other unusual circumstances that make strict compliance with the clearance of vegetation provisions of this chapter undesirable or impractical.
34.   Section 4907.6 is hereby added to the California Fire Code to read as follows:
4907.6. Fuel Modification Requirements for New Construction
4907.6.1 General. All new buildings to be built or installed in areas containing combustible vegetation shall comply with the following requirements:
1.   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.
2.   Final fuel modification plans shall be submitted to and approved by the fire code official prior to the issuance of a grading permit.
3.   The fuel modification plans shall meet the criteria set forth by the fire department.
4.   The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification plan shall be approved 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.
35.   Section 5601.2 of the California Fire Code is hereby amended to read as follows:
5601.2 Permits Required. Permits shall be obtained from the San Bernardino County Sheriff’s Department for the following:
•   To manufacture, possess, store, sell, display or otherwise dispose of explosives blasting agents or phosphoric compounds.
•   To manufacture, possess, store, sell, display or otherwise dispose of explosives blasting agents or phosphoric compounds.
•   To transport explosives or blasting agents. To use explosives or blasting agents.
•   To operate a terminal for handling explosives or blasting agents.
•   To transport blasting caps or electric blasting caps in the same vehicle with explosives.
36.   Section 5601.2.1 is hereby added to the California Fire Code to read as follows:
5601.2.1 Permit Holder. The handling and firing of explosives or blasting agents shall be performed only by persons possessing a valid explosives permit issued by the San Bernardino County Sheriff’s Department.
37.   Section 5601.2.4.3 is hereby added to the California Fire Code to read as follows:
5601.2.4.3 Display. The maximum quantities, storage conditions, and fire protection requirements for gunpowder and ammunition displayed in a building shall be as follows:
Smokeless powder - 20 pounds in original containers. Containers shall not exceed one pound.
38.   Section 5601.2.4.4 is hereby added to the California Fire Code to read as follows:
5601.2.4.4 Displays. Permits are required to conduct a fireworks display. See Section 105.6.14. Permit application shall be made not less than 14 days prior to the scheduled date of the display. The permit application shall include a diagram of the grounds on which the display is to be held showing the point at which the fireworks are to be discharged; the location of buildings, highways and other lines of communication; the lines behind which the audience will be restrained; and the location of nearby trees, telegraph or telephone lines and other overhead obstructions. At the time of permit application, the Chief shall be consulted regarding requirements for standby fire apparatus and personnel. All fireworks displays shall be electrically fired. Discharging of fireworks without proper permits is prohibited.
39.   Section 5601.2.4.5 is hereby added to the California Fire Code to read as follows:
5601.2.4.5 Additional Requirements. In addition to the requirements set forth in this Article, the police department, the fire department or the San Bernardino County Sheriff’s Department may, for the safety and security of the public, set additional requirements for a permit application.
40.   Section 5601.7 the California Fire Code is hereby amended to read as follows:
5601.7 Seizure of Fireworks. The storage, use, sale, possession, and handling of fireworks 1.3G is prohibited. The sales, use and/or display of fireworks 1.4G (commonly referred to as Safe & Sane) is prohibited. The Chief, the police department and the San Bernardino County Sheriff’s Department are authorized to seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks, offered or exposed for sale, stored, handled or held in violation of Title 19 CCR, Chapter 6.
EXCEPTION: Fireworks 1.4G and fireworks 1.3G may be part of an electrically fired public display when permitted and conducted by a licensed pyrotechnic operator.
41.   Section 5604.1.1 is hereby added to the California Fire Code to read as follows:
5604.1.1 Temporary Storage. For the purpose of this part, temporary storage shall mean no longer than 4 hours or the end of the workday, whichever time is less.
42.   Section 5604.1.2 is hereby added to the California Fire Code to read as follows:
5604.1.2 Storage. The police department and the Chief may authorize the storage of smokeless powder not to exceed 100 pounds, sporting black powder not to exceed 25 pounds, and up to 75,000 small arms primers in approved portable magazines in approved establishments. Sporting black powder, when authorized, shall be stored in an approved portable magazine. Small arms primers or percussion caps shall be stored in a manner prescribed by the police department, the San Bernardino County Sheriff’s Department and the Chief.
43.   Section 5604.3.4 is hereby added to the California Fire Code to read as follows:
5604.3.4 Magazines Required. Explosive materials shall be stored in magazines in accordance with Section 5604.3. Magazines shall at all times be in the custody of a person holding a valid Explosives Permit who shall be at least 21 years of age and who shall be held responsible for compliance with all safety precautions.
44.   Section 5604.3.4.1 is hereby added to the California Fire Code to read as follows:
5604.3.4.1 Magazine Size. Indoor magazines shall not be of a size greater than the exit door or contain more than 50 pounds of explosive materials.
45.   Section 5604.3.5 is hereby added to the California Fire Code to read as follows:
5604.3.5 Powder. The amount of powder stored in an indoor magazine shall not exceed 50 pounds.
46.   Section 5604.3.6 is hereby added to the California Fire Code to read as follows:
5604.3.6 Classification and Use of Magazines. Magazines shall be classed as Type 1, 2, 3, 4 or 5 and used in accordance with Title 27, Code of Federal Regulations, Part 55, Subpart K, and Title 19, California Code of Regulations, Subchapter 6, Section 989, as amended.
47.   Section 5604.3.7 is hereby added to the California Fire Code to read as follows:
5604.3.7 Use and Handling. The police department, San Bernardino County Sheriff’s Department, and the fire department shall be notified prior to detonation of any explosives.
48.   Section 5604.3.8 is hereby added to the California Fire Code added to read as follows:
5604.3.8 Personnel Qualifications. The handling and firing of explosives shall be performed only by person(s) possessing a valid explosives permit issued by the San Bernardino County Sheriff’s Department.
49.   Section 5604.3.9 is hereby added to the California Fire Code to read as follows:
5604.3.9 Utility Notification. When blasting is being conducted in the vicinity of gas, electric, water, sewer, fire alarm, telephone, telegraph, cable television or stream utilities, the blasting person shall notify the appropriate representative of such utilities at least 24 hours in advance of blasting specifying the location and intended time of such blasting.
EXCEPTION: In an emergency, advance notification may be waived by the Chief, the police department and the San Bernardino County Sheriff’s Department. The fire department shall be notified prior to detonation of any explosives.
50.   Section 5604.10.2.1 is hereby added to the California Fire Code to read as follows:
5604.10.2.1 Deteriorated Material Handling. When an explosive has deteriorated to an extent that it is in an unstable or dangerous condition, or when a liquid has leaked from an explosive material, the person in possession of such explosive material shall immediately contact the police department, the San Bernardino County Sheriff’s Department and the Chief. The work of destroying explosive materials shall be directed by persons experienced in the destruction of explosive materials. Explosive materials recovered from blasting misfires shall be handled in a standard method for disposal. Only persons holding a valid explosives permit shall do the work of destroying explosives.
51.   Section 5605.1 the California Fire Code is hereby amended to read as follows:
5605.1 Manufacturing. The manufacturing of fireworks is prohibited.
52.   Section 5605.1.1 is hereby added to the California Fire Code to read as follows:
5605.1.1 Pyrotechnic Special Effects Material. A permit is required to manufacture, compound, store or use pyrotechnic special effects material. A permit for use shall be granted only to a licensed pyrotechnic operator. See Section 105.6.36.
53.   Section 5704.3.1.2 is hereby added to the California Fire Code to read as follows:
5704.3.1.2 Lubricating Oil. Lubricating oil that has been drained from motor vehicles shall be stored and handled as required for Class III-B liquids. Crankcase drainings and waste oil products may be stored in an above-ground tank as approved by the Chief. Drainings and used oils may also be stored outside a building in not more than 3 tight drums having an aggregate capacity not exceeding 180 gallons.
(Ord. 417 § 10, 2022)