Chapter 8.28
FIRE PREVENTION AND LIFE SAFETY CODE1
Sections:
8.28.010 Adoption by reference.
8.28.020 Establishment and duties of the division of fire and life safety.
8.28.050 Amendments made in the California Fire Code.
8.28.010 Adoption by Reference.
A. Fire Code Adopted. The City of Benicia adopts the 2022 Edition of the California Fire Code (2021 International Fire Code as amended by the state of California), together with Appendices B, C, D, F, H, I and N in their entirety, as modified and amended by this chapter, by this reference into this chapter, and are hereby collectively declared to be the fire code of the city of Benicia for the purpose of regulating and governing the safeguarding of life, property and public welfare to a reasonable degree from the hazards of fire, hazardous materials release and explosion(s) arising from the storage, use and handling of dangerous and hazardous materials, substances and devices, and conditions hazardous to life or property in the occupancy and use of buildings and premises, the operation, installation and maintenance of adequate means of egress not provided for by the building code, and providing for the issuance of permits and collection of fees therefor.
B. The city of Benicia adopts the 2022 Edition of the California Fire Code (2021 International Fire Code as amended by the state of California), regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Benicia; providing for the issuance of permits and collection of fees therefor; and repealing Chapter 8.28 BMC and all other ordinances and parts of the ordinances in conflict therewith.
C. Findings. This code adopts changes, modifications and requirements not mandated by the California Fire Code (CFC) and International Fire Code (IFC) because of local climatic, geological or topographical conditions. The modifications are needed due to the following local conditions that exist in Benicia and on the following findings:
1. The city is geographically situated in an area subject to frequent periods of strong, gusty winds from the southwest and north. In addition, temperatures during the summer months range from 80 to 100-plus degrees. During this period, the relative humidity can fall below 20 percent. The city contains a significant amount of hilly, undeveloped acreage designated as permanent open space. This wildland/urban interface, in conjunction with the hot, dry and windy climatic conditions, creates a hazardous situation that has led to extensive grass and brush fires in recent years. With more development extending into and adjacent to the open space areas, heat- and wind-driven fires could lead to serious consequences.
2. The city is divided by several topographic features, including Interstates 680 and 780. As a result, the city is primarily divided into three parts. Traffic within and between the parts of the city is channeled onto several major thoroughfares that must cross freeways by way of underpasses and overpasses. In addition, it is bordered on two sides by the Carquinez Straits. Periodic heavy traffic congestion on the city’s major streets and interstates acts as a barrier to timely response for fire and emergency service vehicles. Because of traffic or accidents, there could be times that fire equipment could be sufficiently slowed to increase the risk of substantial structural damage. With the possibility of fire services unable to guarantee rapid response to various sections of the city during these times, it is necessary to mitigate this problem by requiring adequate access, road construction allowing apparatus approach, and other features to aid mitigation efforts.
3. The city is subject to ground tremors from seismic events on the San Andreas, Concord/Green Valley, Hayward, and/or other major active faults in the greater San Francisco Bay area. The Concord/Green Valley fault is immediately adjacent to the city to the north. Seismological evidence indicates the probability of an earthquake in the region capable of doing significant damage to buildings is high. A major seismic event would create a citywide demand on fire protection services, which would be beyond the response capability of the fire department. This problem can be lessened or mitigated by requiring initial fire control through the installation of automatic fire protection systems. (Ord. 22-11 § 1).
8.28.020 Establishment and duties of the division of fire and life safety.
The California Fire Code as adopted and amended herein shall be enforced by the fire and life safety division in the fire department of the city which is hereby established, and which shall be operated under the supervision of the fire chief of the fire department. All members of the fire department may enforce the California Fire Code as adopted and amended herein. (Ord. 22-11 § 1).
8.28.030 Definitions.
Section 202, General Definitions, of the California Fire Code is amended to add the following:
“Bureau of fire prevention,” or “bureau,” means the fire and life safety division.
“Fire code official” means the fire chief or designee.
“Jurisdiction” means the city of Benicia. (Ord. 22-11 § 1).
8.28.040 Establishment of limits within the city of Benicia where materials regulated by this code are prohibited or limited.
A. Establishment of Limits in Which Storage of Liquefied Petroleum Gases Is to Be Restricted. The limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, are hereby established as follows: The bulk storage of liquefied petroleum gas in excess of 2,000 gallons is prohibited in all residentially zoned areas of the city, excluding public and public safety facilities.
B. Establishment of Limits in Which the Storage of Stationary Tanks of Flammable Cryogenic Fluids Is to Be Prohibited. The limits referred to in Section 5806.2 of the California Fire Code in which the storage of flammable cryogenic fluids in stationary containers is prohibited are hereby established as follows: Any area which is zoned for other than industrial use.
C. Establishment of Limits in Which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks; Bulk Plants or Terminals; and Bulk Transfer Operations Is to Be Prohibited. The limits referred to in Section 5704.2.9.6.1 of the California Fire Code in which storage of Class I and II liquids in outside aboveground tanks is prohibited are hereby established as follows:
1. Storage of flammable or combustible liquids in excess of 2,000 gallons shall be limited to refineries or bulk storage plant locations.
2. Storage shall be limited to public, limited industrial (IL), general industrial (IG), and water-related industrial (IW) zoned districts or public safety facilities.
3. Aboveground storage tanks for any flammable liquid shall be allowed only at refineries or bulk storage locations with the approval of the fire chief. (Ord. 22-11 § 1).
8.28.050 Amendments made in the California Fire Code.
The California Fire Code is amended and changed in the following respects:
A. Section 101.1 – Title. Section 101.1 of Chapter 1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Benicia, hereinafter referred to as “this code.”
B. Section 103.2 is deleted in its entirety.
C. Section 104.3.2 – Fire Clearance. Section 104.3.2 of Chapter 1 is added to read:
104.3.2 Fire Clearance. It shall be unlawful for any person, firm or corporation to operate a business unless a fire clearance inspection has been made and such businesses are in compliance with all fire department requirements.
D. Section 104.11.1 – Assistance from Other Agencies. Section 104.11.1.1 of Chapter 1 is added to read:
104.11.1.1 Fire Prevention Bureau Personnel and Police. All sworn safety personnel assigned to the Fire and Life Safety Division, or such other full-time Fire Department officers or fire prevention personnel including the Community Preservation Officer(s), as may be authorized by the Chief, shall be peace officers as described in Section 830.37 of the California Penal Code and shall enforce the Penal Code, California Fire Code, and where necessary and appropriate, any sections of the Benicia Municipal Code, California Health and Safety Code, and any other county or state fire-related laws or codes not specifically covered in any part of this Code. These police powers include the issuance of misdemeanor citations (Notice to Appear), and as approved by the Chief, carrying and use of firearms.
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.
E. Section 105.3.1 – Expiration. Section 105.3.1 of Chapter 1 is amended to read as follows:
105.3.1 – Expiration. Every permit issued shall become invalid (expired) unless the work authorized by such permit is commenced within 365 days after its issuance or after commencement of work if more than 365 days pass between inspections. The Fire Code Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.
F. Section 105.5 is amended to add new subsection 105.5.55, as set forth below:
55. Indoor Growing Operation. An operational permit is required for a commercial indoor growing operation.
Exception: Agricultural greenhouses in an agricultural zone.
G. Section 111.1 – Board of appeals established. Section 111.1 of Chapter 1 is amended to read as follows:
111.1 – Board of appeals established. Appeals of orders, decisions, interpretations or determinations made by the Fire Code Official relative to the application and interpretation of this code shall be heard by the City of Benicia Building Board of Appeals. The Fire Code Official shall serve as an ex officio member of the board when the board is hearing matters related to this code but shall have no vote on any matter before the board. The board shall render all decisions and findings in writing to the appellant with a copy to the Fire Code Official.
H. Section 111.3 – Qualifications. Section 111.3 of Chapter 1 is amended to read as follows:
The qualifications for the Building Board of Appeals are defined in the BMC 2.96.020.
I. Section 112.4 – Violation Penalties. Section 112.4 of Chapter 1 is amended to read as follows:
112.4 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 guilty of an Infraction or Misdemeanor as specified in the California Penal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
J. Section 113.4 – Failure to comply. Section 113.4 of Chapter 1 is amended to read as follows:
113.4 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 ($500.00) dollars or more than ($1,500.00) dollars.
K. Section 202 – General Definitions. Section 202 is amended by adding the following:
202 Fire Watch: Qualified individual(s) shall mean an employee of an acceptable security guard/patrol service or employee approved by the fire code official.
202. All Weather Driving Surface: A roadway designed to carry the imposed weight loads of fire apparatus complete with all underground utilities, curbs, gutters, and a minimum surface finish of one layer of asphalt or concrete or road pavers.
L. Section 307.4.3 – Portable outdoor fireplaces. Section 307.4.3 of Chapter 3 is amended to read as follows:
Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 feet (3048 mm) of a structure or combustible material.
Exceptions:
1. Portable outdoor fireplaces used at one and two-family dwellings when used in accordance with section 307.6.
M. Section 307.6 – Open Burning, Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices at Residential Occupancies. Section 307.6 of Chapter 3 is added to read as follows:
307.6- Open Burning, Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices at Residential Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used for recreational heating at residential occupancies shall comply with this section.
1. Gas-fueled devices. Permanent outdoor fireplaces, fire pits and similar devices fueled by natural gas or liquefied-petroleum gas are allowed when approved by the Building Department and the device is designed to only burn a gas flame and not wood or other solid fuel. At one and two-family dwellings, combustible materials and vegetation shall not be located within three feet of the device. At other residential occupancies, the minimum distance shall be ten feet.
2. Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces, fire pits, and similar devices designed to burn wood shall be approved by the Building Department. Fire in fireplaces shall be contained in a firebox with an attached chimney with a spark arrestor.
3. Portable outdoor fireplaces using gas or wood fuel used at one and two-family dwellings shall be used in accordance with the manufacturer’s instructions.
4. Open burning in devices other than permanent fireplaces are prohibited within 20 feet of structures and 15 feet of combustible materials.
Exceptions:
i. Open burning in fire rings/pits equipped with a spark arrester that are located at least 10 feet from combustible structures and material at one and two-family dwellings.
ii. Open burning in portable fireplaces, and fire pits/rings equipped with a spark arrester that are located at least 15 feet from combustible structures and material at all other residential occupancies.
iii. Home-built outdoor portable fireplaces, fire pits, and similar devices used at one and two-family dwellings shall be constructed of non-combustible materials and have a total fuel area of 3 feet or less in diameter and 2 feet or less in height. These devices shall be provided with a cover or spark arrestor with openings no greater than 1/4'' and be operated no closer than 10 feet from combustible materials or structures.
5. Open burning, including recreational fires and fires within portable outdoor fireplaces, shall not be permitted on “red-flag” or other days which pose a high fire risk as determined by the Fire Code Official.
N. Section 503.2.1 – Dimensions. Section 503.2.1 is amended to add subsection 503.2.1.1 as follows:
503.2.1.1 Parking of vehicles on fire apparatus access roads. For the parking of vehicles on a fire apparatus access road, roadway widths shall be increased to accommodate the parking of vehicles as follows:
1. Roadways 20-27 feet (6096 mm) in width, no parking permitted.
2. Roadways 28-36 feet (8534 mm) in width, parking is permitted on one side only. Parking is permitted on the side of the street absent of fire hydrants.
3. Roadways greater than 36 feet (10 973 mm) in width, parking is not restricted.
O. Section 503.2.7 – Grade. Section 503.2.7 is amended in its entirety and replaced as follows:
503.2.7 Grade. A fire department access road having a grade of between 12% and 15% shall be designed to have a finished surface of grooved concrete to hold a 74,000-pound traction load. Design for grooved concrete shall be 1/4 inch (6 mm) wide by 1/4 inch (6 mm) deep and 3/4 inch (19 mm) on center. Grades exceeding 15% are not permitted.
Exception: Other approved all weather surfaces may be used if the skid resistance is equivalent to or greater than grooved concrete as certified by a registered engineer and approved by the Fire Code Official.
P. Section 503.2 – Specifications. Section 503.2 is further amended to add Section 503.2.9 as follows:
503.2.9 Roadway minimum design weight load capacity. A fire department access road shall be designed and maintained to support a minimum load of 74,000 pounds (HS-20-44 Cal-Trans Design Standard) and shall be provided with an all-weather driving surface as specified in this standard.
Q. Section 503.3 – Access-Parking Prohibited. Section 503.3 is further amended to add subsection 503.3.1 as follows:
503.3.1 Access-parking Prohibited. If, in the judgment of the Fire Code Official, it is necessary to prohibit vehicular parking along public or private driveways and other access ways devoted to public use in order to maintain clear and unobstructed access, the Fire Code Official may require the owner, lessee, or other person in charge of the premises to paint the curbs red, install signs, or give other appropriate notice that parking is prohibited. It shall thereafter be unlawful for any such owner, lessee, or other person in charge to fail to install and maintain in good condition the painted curbs, signs, or other appropriate notice so prescribed. When such areas are marked or signed as provided herein, it shall be unlawful for any person to park or leave standing a vehicle adjacent to any such curb marking or contrary to such sign(s).
It shall be unlawful to park any vehicle or in any other way obstruct or block any “Fire Lane,” general access road to any building or complex, fire department connection, access roads or areas to any open space, no parking zones at fire stations or within 10 feet of any fire hydrant.
R. Section 503.4 – Additional Access. Section 503.4 is amended to add subsection 503.4.2. as follows:
503.4.2 Access to Open Spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by vehicles of any kind, or other obstructions both within the access or the road or street access to the open space, the vehicle or obstruction may be removed, and the cost of such removal will be assessed to the responsible party or vehicle owner.
S. Section 505.1 – Premises identification. Section 505.1 is amended to read as follows:
Any new building or an existing building that undergoes an alteration or addition that requires a building permit shall be provided with approved address identification as follows:
1. Industrial- Industrial buildings with one or multiple addresses shall have at least one address number posted toward the access road with a minimum numeral size of 12" high with a minimum stroke of 3" wide. Individual units within an Industrial building shall be approved to have a minimum numeral address size of 6" high with a stroke of 1". All address identification characters shall contrast with the background.
2. Commercial- All commercial units shall be provided with a minimum numeral size of 6" high with a 1" wide stroke and shall contrast with the background.
3. Residential- All residential buildings shall have a minimum numeral size of 4" high with a 1/2" wide stroke and shall contrast with the background.
4. Lighting of building addresses – The building address for all new buildings constructed after October 1, 2022, shall be automatically lighted at night.
T. Section 505 – Address Identification. Section 505.1 is amended to add subsection 505.1.2 and 505.1.3 as follows:
505.1.2 Address Identification. Any business or building that 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.
505.1.3 Multiple dwelling Complex. At the main entrance driveway to each newly constructed multiple dwelling complex having 12 or more units, there shall be positioned an illuminated diagram (map) of the complex, which lists all individual addresses of each unit in the complex. The design and location of the map shall be approved by the Code Official.
U. Section 507.5.1 – Where Required. Section 507.5.1 of Chapter 5 is amended to read:
507.5.1 Where Required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by Appendix C.
Fire hydrants, if required, shall be placed as approved by the Fire Code Official within seventy-five (75') feet of fire department connections on new construction.
V. Section 903.2 – Where Required. Section 903.2 of Chapter 9 is amended to read:
Section 903.2 Where Required. An approved automatic fire sprinkler system shall be installed and maintained in each new building, within the City requiring a building permit according to the following criteria:
1. A Building occupied or used for any purpose including occupancy group A, B, E, F, H, I, M, R, S, (as defined in the California Fire Code), where the fire flow requirements for the building are one thousand gallons per minute or more based on Appendix B requirements.
Exceptions: The fire code official is authorized to modify this requirement based on site-specific constraints.
2. A building more than two stories or thirty-five feet in height;
W. Section 903.4.2.1 – Alarms in Group R-3 Occupancies. Section 903.4.2.1 of Chapter 9 is added to read:
Section 903.4.2.1 Alarms in Group R-3 Occupancies. Where a residential fire sprinkler system is installed, actuation of the automatic sprinkler system shall result in an audible alarm on the premise meeting the following criteria:
1. An approved exterior audible alarm shall be installed on the front of the building or within 4 feet of the front-facing public or private street access.
X. Section 1103.5 – Sprinkler Systems Where Required. Section 1103.5 is amended to read as follows:
Section 1103.5 – Sprinkler Systems Where Required. An approved automatic fire sprinkler system shall be installed and maintained in each new building and addition to an existing building and in the case of the major remodeling of an existing building, with the City requiring a building permit according to the following criteria:
1. Each building existing on January 1, 2017, is exempt from this section until such time as:
a. Structural changes are made which increase the gross floor area by 40% or more (in such cases, the automatic sprinkler system shall protect the existing portions of the structure as well as the addition).
b. The building adds, or changes occupancy classification as defined in the California Building Code.
Y. Section 5601.1.3 Fireworks. Section 5601.1.3 is amended to read as follows:
Section 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exception 4 is deleted in its entirety.
Z. Appendix B, Fire Flow Requirements for Buildings, is amended as follows:
Appendix B, Table B105.1(1) is amended to read as follows:
|
FIRE-FLOW CALCULATION AREA |
AUTOMATIC SPRINKLER SYSTEM |
MINIMUM FIRE-FLOW |
FLOW DURATION |
|---|---|---|---|
|
0-4800 |
Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code |
1,000 |
1 |
|
4801 and greater |
Section 903.3.1.3 of the California Fire Code or Section 313.3 of the California Residential Code |
½ the value in Table B105.1(2) |
1 |
For SI: 1 square foot = 0.0929 m2, 1 gallon per minute = 3.785 L/m.
Appendix B, Table B105.2 is amended to read as follows:
|
AUTOMATIC SPRINKLER SYSTEM |
MINIMUM FIRE-FLOW |
FLOW DURATION |
|---|---|---|
|
Section 903.3.1.1 of the California Fire Code |
50% of the value in Table B105.1(2)a |
Duration in Table B105.1(2) at the reduced flow rate |
For SI: 1 gallon per minute = 3.785 L/m.
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.
AA. Appendix C, Fire Hydrant Locations and Distribution, is amended as follows:
Section C103.1, Hydrant spacing, is amended to read:
Section C103.1.1 One- and two-family dwellings. The average spacing between fire hydrants shall not exceed 500 feet on center between hydrants in one- and two-family dwellings.
Section C103.1.2 Occupancies other than one- and two-family dwellings. The average spacing between fire hydrants shall not exceed 300 feet on center between hydrants or the spacing as specified in Table C102.1.
AB. Appendix D, Fire Apparatus Access Roads, is amended as follows:
Section D103.1 is deleted in its entirety.
Section D103.2 – Grade. Section D103.2 is amended to read as follows:
D103.2-Grade. Fire apparatus access roads shall not exceed 15% in grade. Exception: Deleted
Section D103.2.1 – Angles of approach and departure. Section D103.2.1 is added to read as follows:
D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 11 percent at 10 feet-6 inches of the grade break.
Section D103.3 is deleted in its entirety and replaced by the following to read:
D103.3 Turning radius. Based on a minimal unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7620 mm) inside and 45 feet (13 716 mm) outside.
Table D103.4 is amended to read:
|
LENGTH |
MINIMUM WIDTH |
TURNAROUNDS REQUIRED |
|---|---|---|
|
0 – 150 |
20a |
None required |
|
151 – 750 |
20a |
100-foot Hammerhead, 50-foot “Y,” 75-foot Shunt or 90-foot-diameter cul-de-sac in accordance with figure D103.1 |
|
Over 750 |
Special approval requiredb |
|
a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.
b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8 foot wide turnout that extends at least 40 feet in length.
Figure D103.1 is amended to read: 
Section D103.5 is amended by amending criterion 1 and adding criterion 9 to read:
D103.5.1. The minimum clear width shall be 20 feet (6096 mm).
Exception: The minimum clear shall be 16 feet for access to one and two single-family dwellings.
D103.5.9. All gates shall be installed and located a minimum of 30 feet off the street.
Section D103.6.1 is amended to read:
D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.
Section D103.6.2 is amended to read:
D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.
Section D105.3 is amended to read:
D105.3 Proximity to building. At least one of the required access routes meeting this condition shall be located within a minimum of 15 feet (45 772 mm) and a maximum of 30 feet (9 144 mm) from the building and shall be positioned parallel to one entire side of the building with the largest vertical dimension while allowing access to each floor of the building.
Section D106.1 is amended to read:
Section D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D106.3. Exception: Deleted.
Section D106.2 is deleted in its entirety. (Ord. 22-11 § 1).
8.28.060 Penalties.
Penalties for violation of this chapter shall be as set forth in Chapter 1.08 BMC. (Ord. 22-11 § 1).
For statutory provisions authorizing adoption by reference of nationally recognized codes, see Government Code § 50022.1 et seq.