Chapter 14.40 CALIFORNIA FIRE CODE*

Chapter 14.40
CALIFORNIA FIRE CODE*

Sections:

14.40.010 Adoption of California Fire Code.

* For statutory provisions authorizing cities to regulate building and construction within the city, see Gov. Code §§ 38601 and 38660; for provisions authorizing cities to adopt codes by reference, see Gov. Code § 50022 et seq.

Prior legislation: Ords. 599, 90-5 and 95-8.

14.40.010 Adoption of California Fire Code.

For the purposes of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the 2022 California Fire Code (CFC), including Appendix Chapter 1, as promulgated by the California Building Standards Commission, which incorporates adoption of the 2022 Edition of the California Fire Code based on the 2021 International Fire Code with California amendments, including Appendices B, C, CC, D, E, F, H, I and O, is hereby adopted by reference thereto as if fully set forth in this chapter, save and except such portions as are deleted, modified, or amended by the provisions of this chapter. Copies of the 2022 California Fire Code are on file in the office of the building official and fire code official. Any changes made by the California Building Standards Commission applicable to the city, including new editions, shall be deemed incorporated herein. If any conflicts between this code and any other city, state or federal code should arise, the most restrictive code providing the highest level of safety as determined by the fire code official shall prevail. (Ord. 2023-01 § 1, 2023; Ord. 2020-01 § 1, 2020; Ord. 2018-04 § 1, 2018; Ord. 2017-06 § 10, 2017; Ord. 2014-01 § 10, 2014; Ord. 2011-01 § 12, 2011; Ord. 2007-11, 2007; Ord. 2004-5, 2004)

14.40.015 Fire Code amendments.

Section 111 is deleted and replaced with:

Section 111 APPEALS. Whenever the Fire Chief or Fire Code Official shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions or intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not apply, or an equally good or better form of construction is proposed, or that the true intent and meaning of this Code has been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief or the Fire Code Official to the California Office of the State Fire Marshal within thirty (30) days from the date of the decision. The decision of the California State Fire Marshal shall be final.

Section 603.5.2 Exception 1 is deleted. (Ord. 2023-01 § 1, 2023)

14.40.020 Cost recovery.

Section 115 of the California Fire Code is added to read:

SECTION 115 COST RECOVERY.

115.1 Cost Recovery. The Fire Code Official or designee is authorized to recover any direct or indirect costs for fire prevention, fire suppression, hazardous material incident response, and protection of the public from fire and life safety hazards.

115.2 Fire Prevention Cost Recovery. Any person or firm who fails to, or refuses to, correct, within the time allotted for correction, any fire hazard prohibited by code, regulation or law, for which a public agency has issued a notice of violation or correction respecting the hazard, or failure to comply with a written notice of violation is liable for the fire prevention costs, and any other costs, incurred in furtherance of the abatement of the fire hazard, and those costs shall be a charge against that person.

115.3 Fire Suppression Cost Recovery. Any person or firm who causes a fire, sets a fire, allows a fire to be set, or allows a fire kindled or attended by them to escape onto any public or private property, is liable for the fire suppression costs, rescue or emergency medical services costs, and any other costs incurred as a result of fighting the fire.

115.4 Hazardous Materials Release Cost Recovery. Any person or firm who releases a hazardous material, allows a hazardous material to be released, causes, or allows a hazardous material attended by them to escape onto any public or private property, is liable for the hazardous material incident response, rescue or emergency medical services costs, and any other costs incurred as a result of responding to the hazardous material release.

115.5 Protection of the Public Cost Recovery. Any person or firm who creates a fire or life safety hazard to the public, allows a fire or life safety hazard to the public, causes, or allows a fire or life safety hazard to the public to escape onto any public or private property, is liable for the fire or life safety hazard incident response, rescue or emergency medical services costs, and any other costs incurred as a result of responding to the fire or life safety hazard to the public.

115.6 Action and Administration. Cost recovery actions and administration pursuant to this section shall be as set forth in the Master Fee Schedule and fire department policy, and shall constitute a debt of such person, and is collectible by the City of Dinuba Fire Department in the same manner as in the case of an obligation under a contract, express or implied.

115.7 Other laws. The provisions of this section shall not be deemed to nullify or prevent the application, either cumulatively, concurrently, or separately, of the provisions of the California Health and Safety Code or any other law related to liability.

(Ord. 2023-01 § 1, 2023)

14.40.044 Automatic sprinkler system.

SECTION 901.6.3.2 ADDITIONAL FIRE PROTECTION SYSTEM

Section 901.6.3.2 of the California Fire Code is added to read:

901.6.3.2 Problematic Systems. In the event of multiple fire alarm, fire detection, or fire sprinkler monitoring system activations, the fire code official is authorized to charge the property owner for the direct and indirect costs of each emergency response. After responding to two (2) false alarms at the same facility in any calendar year from July 1 through June 30th, the responsible person may be billed the cost of each response at the base rate established in the Master Fee Schedule or actual time spent on the response, whichever is greater.

Add/amend CFC Section 903.1, Automatic Sprinklers.

Section 903.1, Automatic Sprinklers, is hereby amended and changed as follows:

903.1.2. Changes in occupancy or use. Existing Buildings and Structures: Existing buildings where an automatic fire extinguishing system does not exist and a change of occupancy or use, as defined in the 2022 California Fire Code Definitions is made and the existing area of the building equals or exceeds five thousand (5,000) square feet, an approved automatic fireextinguishing system shall be installed throughout the building.

903.1.3. Additions to existing buildings. All additions to existing buildings or structures hereafter erected, constructed, or moved into, when the addition to the existing building results in a total building area of five thousand (5,000) square feet or more, an approved automatic fire-extinguishing system shall be installed in the entire building.

EXCEPTIONS:

(1) Minor additions, defined as restrooms, mechanical rooms, or similar accessory rooms with floor area less than ten (10) percent of the building area of the existing building to which it is being added shall not be construed to require all of the building to be equipped with an automatic fire-extinguishing system, all additions will be evaluated on an individual basis by the Fire Chief or Fire Code Official.

(2) Additions, when required by the California Building Code, to provide minimum standards to safeguard life or limb, health, property and public welfare, shall not be construed as to require the installation of an automatic fire-extinguishing system.

(3) Changes, alterations and repairs to the interior of existing building or the front thereof facing a public street may be made without triggering the requirement of the installation of an automatic fire-extinguishing system, provided such changes do not, in the opinion of the Fire Chief and Building Official, increase the fire hazard of such building.

Section 903.1.4. Drinking Establishments. In new construction or a change in occupancy, an automatic fire-extinguishing system shall be installed in rooms used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total building area of such unseparated rooms and assembly uses is equal to or exceeds three thousand (3,000) square feet.

Section 903 is hereby amended and changed as follows:

Section 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section.

Section 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The total fire area equals or exceeds 5,000 square feet (464 m2).

2. The total fire area has an occupant load of 125 or more.

3. The total fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The total fire area contains a multi-theater complex.

Section 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The total fire area equals or exceeds 5,000 square feet (464 m2).

2. The total fire area has an occupant load of 125 or more.

3. The total fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The structure exceeds 5,000 square feet (468 m2), contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating without openings.

Section 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The total fire area equals or exceeds 5,000 square feet (464 m2).

2. The total fire area has an occupant load of 125 or more.

3. The total fire area is located on a floor other than a level of exit discharge serving such occupancies.

Section 903.2.1.8 Group B. An automatic sprinkler system shall be provided for Group B occupancies as follows:

1. The total fire area equals or exceeds 5,000 square feet (464 m2).

Section 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E occupancies where total fire area equals or exceeds 5,000 square feet (464 m2).

2. The Group E total fire area is located on a floor other than a level of exit discharge serving such occupancies.

EXCEPTION: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

3. The Group E total fire area has an occupant load of 125 or more.

4. In rooms or areas with special hazards such as laboratories, vocational shops and other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

5. Throughout any Group E structure equal to or greater than 5,000 square feet (464 m2) in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating without openings.

6. For public school state-funded construction projects see Section 903.2.19.

7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.

Section 903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. A Group F-1 total fire area equals or exceeds 5,000 square feet (464 m2).

2. A Group F-1 total fire area is located more than three stories above grade plane.

3. The combined area of all Group F-1 total fire areas on all floors, including any mezzanines, equals or exceeds 5,000 square feet (464 m2).

4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses equals or exceeds 2,500 square feet (232 m2).

Section 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M total fire area equals or exceeds 5,000 square feet (464 m2).

2. A Group M total fire area is located more than three stories above grade plane.

3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 5,000 square feet (464 m2).

5. [SFM] The structure exceeds 24,000 square feet (2,229 m2), contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire-resistance rating without openings.

Section 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.

Section 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 total fire area equals or exceeds 5,000 square feet (464 m2).

2. A Group S-1 total fire area is located more than three stories above grade plane.

3. The combined area of all Group S-1 total fire areas on all floors, including any mezzanines, exceeds 5,000 square feet (464 m2).

4. A Group S-1 fire area used for the storage of commercial trucks or buses where the total fire area equals or exceeds 5,000 square feet (464 m2).

903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:

1. Buildings having two or more stories above grade plane, including basements, with a total fire area containing a repair garage exceeding 5,000 square feet (464 m2).

2. Buildings not more than one story above grade plane, with a total fire area containing a repair garage exceeding 5,000 square feet (464 m2).

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

4. A Group S-1 fire area used for the repair of commercial motor vehicles where the total fire area exceeds 2,500 square feet (232 m2).

903.2.9.2 Bulk storage of tires. Buildings and structures where the area for the storage of tires exceeds 10,000 cubic feet (283 m3) shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1.

Section 903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exist:

1. Where the total fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet (464 m2).

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.

Exception: Enclosed parking garages located beneath Group R-3 occupancies.

3. Where the total fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet (4,460 m2).

903.3.1.2 Group R Mixed Occupancy Buildings. Mixed occupancy buildings containing Group R occupancies shall be provided with automatic sprinkler systems in accordance with Section 903.3.1.1 (NFPA 13). The R-2 or R-3 residential portion of a mixed occupancy building shall be provided with fire sprinkler piping and control valves arranged so that the automatic sprinkler system can remain in service independent of non-residential occupancies.

Exceptions:

1. Mixed occupancy buildings where a vertical fire barrier with no openings is provided in accordance with California Building Code, Section 707 separating the R occupancy from other uses may have automatic fire sprinkler systems installed in the residential portion in accordance with Sections 903.3.1.2 (NFPA 13R) or 903.3.1.3 (NFPA 13D) as applicable. Separate control valves shall be installed as indicated above unless otherwise approved by the fire code official.

2. Group R-1 or R-2 occupancies with accessory occupancy groups that do not require installation of fire sprinklers by Section 903.2.

903.3.1.3 Joint Live Work Units Quarters. Where joint live/work residential dwelling units are constructed in accordance with California Fire Code, Chapter 11, Article 7, automatic sprinkler systems shall be designed in accordance with Section 903.3.1.1 (NFPA 13).

(Ord. 2023-01 § 1, 2023; Ord. 2020-01 § 1, 2020; Ord. 2018-04 § 1, 2018; Ord. 2011-01 § 12, 2011; Ord. 2007-11, 2007; Ord. 2004-5, 2004. Formerly 14.40.040)

14.40.048 Appendices.

Add/amend CFC Appendices as follows:

Appendix A, Appendix G, Appendix J, Appendix K, Appendix L, Appendix M and Appendix N are not adopted.

C103.3 Maximum spacing. The maximum spacing between fire hydrants shall be 400 feet for residential developments and 300 feet for commercial, multi-family developments, or mixed use applications.

Appendix CC, Section CC105.1 The maximum spacing between fire hydrants shall be 400 feet for residential developments and 300 feet for commercial developments, multi-family developments, or mixed use applications.

Appendix D.

D106 and D107 are amended to add to each section and exception “as determined by the fire code official.”

D107.1 Exceptions are not adopted. (Ord. 2023-01 § 1, 2023)