Chapter 4.4 La Habra Heights Fire Code

Prior legislation: Ords. 2008-01, 2009-02, 2010-06, 2012-01, 2013-06 and 2020-02.

4.4.10 Adopt California Fire Code

Except as hereinafter provided in this Chapter, Title 24, Part 9, 2019 California Fire Code, which constitutes an amended version of the 2019 Edition of the California Fire Code, is hereby adopted by reference as if fully set forth and shall constitute and may be cited as the Fire Code of the City of La Habra Heights. (Ord. 2019-04 § 3; Ord. 2016-06 § 2)

4.4.20 California Fire Code Chapter 1, Scope and Administration

California Fire Code Chapter 1, Scope and Administration, is adopted in its entirety with the following amendments:

A. 102.13 References in Documents and Continuing Legal Effect. References to prior versions of the California Fire Code, and the La Habra Heights Municipal Code that are amended or renumbered in this Municipal Code, that are cited on notices issued by the City or other documents of ongoing or continuing legal effect, including specifically resolutions adopting or imposing fees or charges, until converted, are deemed to be references to the new counterpart 2019 Fire Code, and amended Municipal Code sections for the purposes of notice and enforcement. The provisions adopted herein shall not in any manner affect deposits, established fees or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the code sections adopted or amended hereby

B. 102.14 Designated as Very High Fire Hazard Severity Zone. The City Council has designated every parcel within the boundaries of the City as being located in a Very High Fire Hazard Severity Zone as defined in Section 51175 et seq. of the Government Code.

C. 104.13 Restrictions. Nothing in this Chapter is intended to limit the powers of the Fire Code Official to impose more restrictive fire and public safety requirements as otherwise authorized by law. In addition, the Fire Code Official is empowered to mandate a curtailment of certain activities during periods where the risk of fire, including wildfire, is higher than normal.

D. 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 either a misdemeanor, infraction or both as prescribed in Section 110.4.2 and 110.4.3. Penalties shall be as prescribed in local ordinance. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

E. 112.4.2 Criminal Violations. Any person or entity that violates any provision of this Code, which is punishable as a felony, will be prosecuted as such pursuant to the California Penal Code. Any person or entity that otherwise violates any provision of this Chapter is guilty of a misdemeanor which shall be punishable pursuant to the procedures set forth in Article 8 of the La Habra Heights Municipal Code unless such violation is otherwise declared to be an infraction. Any person who engages in any of the activities prohibited by the California Fire Code as adopted by the city is liable for the expense of fighting any resulting fire, or for the expense incurred during a hazardous materials incident. Any such expense shall be a charge against that person and this charge shall constitute a debt and will be collectible by the public agency incurring the expense.

F. 112.4.2 Infraction. Except as provided in Section 112.4.3, persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

G. 112.4.3 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:

104.11.2 Obstructing operations

104.11.3 Systems and Devices

108.6 Overcrowding

110.3.2 Compliance with Orders and Notices

112.4 Failure to comply

305.4 Deliberate or negligent burning

308.1.2 Throwing or placing sources of ignition

310.7 Burning Objects

3107.4 Open or exposed flames

H. 112.4.1.1 Criminal Violations. Any person or entity that violates any provision of this Code, which is punishable as a felony, will be prosecuted as such pursuant to the California Penal Code. Any person or entity that otherwise violates any provision of this Chapter is guilty of a misdemeanor which shall be punishable pursuant to the procedures set forth in Article 8 of the La Habra Heights Municipal Code unless such violation is otherwise declared to be an infraction. Any person who engages in any of the activities prohibited by the California Fire Code as adopted by the city is liable for the expense of fighting any resulting fire, or for the expense incurred during a hazardous materials incident. Any such expense shall be a charge against that person and this charge shall constitute a debt and will be collectible by the public agency incurring the expense. Any person or entity that violates any provision of this Code, which is punishable as a felony, will be prosecuted as such pursuant to the California Penal Code.

I. 112.4.1.1.1 Separate Offense. Every person who causes, aids, abets or conceals a violation of the California Fire Code is guilty of violating the California Fire Code. Each such person, corporation or firm shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provision of the California Fire Code is committed, continued, permitted or maintained by such person, firm or corporation.

J. 112.5 Citations. The City Manager and his/her designee and the Fire Chief and his/her designee shall have the authority and duty to enforce the provisions of the Fire Code pursuant to the California Penal Code. The Fire Chief and his/her designees may make arrests for felony or misdemeanor violations of the Fire Code. The City Manager and/or the Fire Chief (including their designees) may issue citations for infractions or misdemeanor violations of the Fire Code or other related provisions of the Municipal Code in the following increments: first offence $1,000, second offence $2,000, third and subsequence offences $3,000.

(Ord. 2022-08 § 3)

4.4.30 California Fire Code Chapter 2, Definitions

California Fire Code Chapter 2, Definitions, is adopted in its entirety with the following amendment:

202 General Definitions

FIREWORKS. 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 effect 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, firecrackers, torpedoes, skyrockets, roman candles, rockets, sparklers, chasers, fountains, smoke sparks, aerial bombs, and Fireworks kits. "Fireworks" includes both "dangerous Fireworks" and "safe and sane" Fireworks as defined in the California Health and Safety Code.

GROUND COVER. A plant that naturally grows close to the ground and does not exceed 18 inches in height at full maturity.

HAZARDOUS FIRE AREA. Includes all areas identified within Section 4906.2 and other areas as determined by the Fire Code Official as presenting a fire hazard due to the presence of combustible vegetation, or the proximity of the property to an area that contains combustible vegetation.

MINOR CHARGE. A person under the age of eighteen (18) years for whom a responsible guardian has the legal care, custody or control.

PROPERTY. Any private property; including but not limited to, a residence, yard, or field, whether or not occupied as a dwelling, and whether owned, leased, rented or used with or without compensation.

RESPONSE COST. The reasonable and necessary costs directly incurred by City public safety or other personnel for a response to an unpermitted discharge or illegal storage of fireworks, and include the cost of providing law enforcement, firefighting, or other services arising from the unpermitted discharge or illegal storage, maintaining or handling of fireworks, including but not limited to:

A. Salaries and benefits of public safety or other personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the unpermitted discharge or illegal storage of fireworks, and the administrative costs attributable to any response;

B. The cost of any medical treatment to or for any public safety personnel injured responding to, remaining at, or leaving the scene of the unpermitted discharge or illegal storage of fireworks;

C. The cost of repairing or replacing any public safety equipment or property damage, and the cost of use of any such equipment, in responding to, remaining at, or leaving the scene of any unpermitted discharge or illegal storage of fireworks; and

D. The disposal cost of confiscated fireworks.

RESPONSIBLE GUARDIAN. A parent, guardian or other person having the legal care, custody, or control of his or her minor charge.

SPARK ARRESTER. A listed device constructed of noncombustible material specifically for the purpose of removing and retaining carbon and other flammable particles/debris from the exhaust flow of an internal combustion engine in accordance with California Vehicle Code Section 38366.

(Ord. 2022-08 § 3)

4.4.40 California Fire Code Chapter 3, General Requirements

California Fire Code Chapter 3, General Requirements, is adopted in its entirety with the following amendments:

A. 304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirement in urban-wildland interface areas shall be in accordance with Chapter 49 and City of La Habra Heights Fuel Modification Guidelines.

B. 305.6 Hazardous conditions. Outdoor fires are not allowed when predicted sustained winds exceed 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

C. SECTION 307 OPEN BURNING, RECREATIONAL FIRES, FIRE PITS, FIRE RINGS, AND PORTABLE OUTDOOR FIREPLACES

D. 307.6 Outdoor Fireplaces, Fire Pits, Fire Rings, or similar devices used at Group R Occupancies. Outdoor fireplaces, fire pits, fire rings, or similar exterior devices used at Group R occupancies shall comply with this section.

Exception: Barbeques, grills, and other portable devices intended solely for cooking.

E. 307.6.1 Gas-fueled devices. 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 R-3 occupancies, combustible construction and vegetation shall not be located within three feet of an atmospheric column that extends vertically from the perimeter of the device. At other R occupancies, the minimum distance shall be ten feet. Where a permanent Building Department approved hood and vent is installed, combustible construction may encroach upon this column between the bottom of the hood and the vent opening. Where chimneys or vents are installed, they shall have a spark arrester as defined in Section 202.

F. 307.6.2 Devices using wood or fuels other than natural gas or liquefied-petroleum gas. Permanent outdoor fireplaces burning wood or other solid fuel shall be constructed in accordance with the California Building Code with clearance from combustible construction and building openings as required therein. Fires in a fireplace shall be contained within a firebox with an attached chimney. The opening in the face of the firebox shall have an installed and maintained method of arresting sparks.

The burning of wood or other solid fuel in a device is not allowed within 25 feet of combustible structures unless within an approved permanent fireplace. Conditions which could cause a fire to spread within 25 feet of a structure or to vegetation shall be eliminated prior to ignition. Fires in devices burning wood or solid fuel shall be in accordance with Sections 305, 307, and 308.

Exceptions:

1. Portable fireplaces and fire rings/pits equipped with a device to arrest sparks shall be located at least 3’ from combustible construction at R-3 occupancies,

2. Portable fireplaces, and fire pits/rings equipped with a device to arrest sparks, shall be located at least 15 feet from combustible structures at other R occupancies.

G. 310.2 Prohibited areas. Smoking shall be prohibited where conditions are such as to make smoking a hazard, and in spaces where flammable or combustible materials are stored or handled, or within an area set aside for public use. Public use areas may include, but are not limited to, civic facilities, parks, open space areas, and trails. Such activities may also be prohibited by signage or other means and in vehicles using public and private roads during those periods identified by the Fire Chief as being high fire hazard periods.

H. 324 Live Vegetation Control Measures. The control of live vegetation shall comply with Section 324.1 through 324.4

I. 324.1 Removal of Flammable Vegetation. All flammable vegetation shall be removed from gutters, roof areas, and eaves.

J. 324.2 Tree Limbs. Tree limbs shall be trimmed for a minimum distance of ten (10) feet from any chimney or stovepipe. Any dead limbs or vegetation hanging over roofs shall be removed.

K. 324.3 Wooden or Combustible Fences. All flammable materials shall be removed within ten (10) feet of any wooden or combustible fence.

L. 324.4 Emergency Vehicle Access. No property owner may allow any portion of any vegetation on their property to interfere with street and emergency vehicle access, regardless of whether the access is along a street, along a private residential access road. Vegetation shall be trimmed back a minimum distance of three (3) feet from the edge of pavement. Vegetation shall also be trimmed to a minimum height of thirteen (13) feet six (6) inches above the street pavement. The Fire Department may provide written notice to the property owner requiring vegetation to be trimmed for a specified additional distance where the Fire Department determines that the vegetation would otherwise interfere with street or emergency vehicle access. If the property owner fails to maintain the clearance requirements the City may abate the nuisance without further notice at the property owners’ expense. This Subsection shall not apply to cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers; provided, that they do not form a means of readily transmitting fire.

M. 325 Fuel Modification Requirements for New Construction. All new structures and facilities, or additions greater than 500 ft2 shall establish and maintain a Fuel Modification zone around the structures and facilities. Fuel Modification shall comply with Sections 325.1 through 325.4

N. 325.1 Fuel Modification Zones. Specific zones of a property are subject to fuel modification requirements with regard to the planting of vegetation. These fuel modification requirements are designed to lessen the potential for wildfire. Fire fuel modification zones will be installed and maintained around all structures pursuant to the following fuel modification zone requirements and as shown in Exhibit 4-1:

Zone A extends to a minimum of thirty (30) feet from any structure. This zone is the fuel modification "wet zone" requiring fire resistant vegetation and irrigation systems. Land within this zone must be free of debris, dead wood, branches touching the ground, and other dry or dead vegetation.

Zone B extends from Zone A to a minimum of one hundred (100) feet from any structure, regardless of where such structure is located plus any area within twelve (12) feet of the edge of the pavement on any public road or private residential access road. This zone requires either fire resistant and irrigated landscaping or other plant materials (including native species) thinned by a minimum of fifty (50) percent. Land within this zone must be free of debris, dead wood, branches touching the ground, and other dry or dead vegetation.

Zone C extends from Zone B to a minimum of two hundred (200) feet from any structure, regardless of where such structure is located. This zone requires either fire resistant and irrigated landscaping or other plant materials (including native species) thinned by a minimum of thirty (30) percent. Land within this zone must be free of debris, dead wood, branches touching the ground, and other dry or dead vegetation.

Exhibit 4-1 Fuel Modification Zones

O. 325.2 Plant Pallet. Only those plants that have fire resistive properties and listed in the La Habra Heights Fuel Modification Guideline may be used unless approved by the Fire Chief.

P. 325.3 Plant Spacing. Plant spacing is critical in the reduction of wild fires. Plant spacing shall comply with the specifications specified in the La Habra Heights Fuel Modification Guideline.

Q. 325.4 Nonconforming Landscaping. Nonconforming landscaping related to fuel modification zones must be replaced in order to conform to current regulations.

R. 326 Clearance of brush or vegetation growth from roadways. The fire code official is authorized to require areas within 10 feet (3048 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. Measurement shall be from the flow-line or the end of the improved edge of the roadway surfaces.

Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided that they do not form a means of readily transmitting fire.

S. 327 Unusual circumstances. The fire code official may suspend enforcement of the vegetation management requirements and require reasonable alternative measures designed to advance the purpose of this code if determined that 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 and 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 undesirable or impractical.

T. 328 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 328.2 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire.

Exceptions:

1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California.

2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition

U. 328.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within the Wildland Risk Areas, no person shall use or operate any stationary equipment, welding equipment, cutting torches, tar pots, or grinding devices from which a spark, fire, or flame may originate, which is located on or near any forest-covered land, brush-covered land, or grass-covered land, without doing the following:

First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If a 30 foot clearing cannot be achieved then an alternate method shall be approved by the AHJ prior to work starting.

Maintain one serviceable round point shovel with an overall length of not less than forty-six (46) inches and one backpack pump water-type fire extinguisher fully equipped and ready for use at the immediate area during the operation.

Stop work when winds are 8 MPH during periods when relative humidity is less than 25%, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official.

Keep a cell phone nearby and call 911 immediately in case of a fire.

V. 328.2 Spark arresters. Spark arresters shall comply with the following:

1. 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 United States Forest Service.

2. Spark arresters affixed to the exhaust system of engines or vehicles subject to Section 324 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.

W. 329 Unsafe Structures. The ownership or maintenance of any structure that has characteristics that constitute a fire hazard is prohibited.

X. 330 Weed Abatement. Weed abatement shall comply with Sections 330.1 through 330.3

Y. 330.1 Property Owner Responsibilities. Every person who owns or is in possession of any property within the City of La Habra Heights shall, at their own expense, maintain their property free from any growth of weeds that constitutes a fire hazard.

Z. 330.2 Habitat Authority. The City shall also monitor the diligence of Puente Hills Habitat Preservation Authority (or that of any successor agency) with regard to brush clearance and fire prevention activities on their properties within and adjacent to the City.

AA. 330.3 Abatement Procedures. In order to reduce fire hazards and nuisances associated with weeds, refuse, rubbish and dirt upon or in front of private property, the City Council may conduct proceedings pursuant to Article 2 of Chapter 13 of Part 2 of Division 3 of Title 4 of the California Government Code (Section 39560 et seq.). Such proceedings may include requiring abatement of fire hazards throughout the City, entering upon property and performing abatement where the private property owner does not abate, and placing a lien on the property to recover costs. Without notice, the Fire Chief may also summarily abate weeds and hazardous growth on private property that in any way hinders emergency access, and charge the property owner for the costs of the abatement.

(Ord. 2022-08 § 3)

4.4.50 California Fire Code Chapter 4, Emergency Planning and Preparedness

A.    California Fire Code Chapter 4, Emergency Planning and Preparedness. Adopt only the sections listed below:

1.    401 through 401.9;

2.    402;

3.    403.1;

4.    403.2;

5.    403.5 through 403.5.4;

6.    403.10.2.1.1;

7.    403.12 through 403.12.3;

8.    404.5 through 404.6.6;

9.    407. (Ord. 2022-08 § 3)

4.4.60 California Fire Code Chapter 5, Fire Service Features

California Fire Code Chapter 5, Fire Service Features, is adopted in its entirety with the following amendments:

A. 504.5 Escape window access. Where escape windows are required by Section 1031.2, fire department access shall be provided to the escape window. An unobstructed setback area shall be provided. The minimum setback distance shall be calculated ((H/5)+2)+P= Clear space required.

Where:

H = Height of the windowsill measured from the exterior ground surface

P = 3’ ladder pad

B. 504.5.1 Ladder Pad. Where a laddering pad is required, it shall be free of obstructions and vegetation for a minimum of 3-foot x 3-foot area. The laddering pad shall be a firm surface such as compacted decomposed granite, concrete, pavers, or asphalt. The laddering pad shall be placed at a distance from the structure as calculated by Section 504.5.

C. 505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 4 inches (102 mm) high with a minimum stroke width of one-half inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Buildings with setback from the street of more than 100 feet, or where the building address cannot be viewed from the fire department access road, a monument, pole or other sign shall be provided to identify the address. Each character on the monument, pole or other sign shall be not less than 4 inches (102 mm) high with a minimum stroke width of one-half inch (12.7 mm) and shall have contrasting background. Address identification shall be maintained and visible at all times. All numbers shall be reflective.

D. 507.3 Fire Flow. Fire flow shall be a minimum of 1000 GPM for structures 1-3,600 ft2 and 1,500 GPM for structures greater than 3,600 ft2. The Fire Department shall review all construction applications and verify that sufficient fire flow exist before a building permit is issued.

Exceptions:

1. The City Council may waive the fire flow requirements when the City Council upon recommendation of the Fire Department finds that there are sufficient alternate sources of water available to adequately protect existing and proposed structures. In waiving the fire flow requirement, the City Council may attach such conditions to the waiver as it deems necessary to protect the public health, safety, and welfare.

2. Either of the following is exempt from the requirements of this Subsection:

a. Additions to existing residential structures not exceeding one thousand (1,000) square feet in area in any twelve (12) month period.

b. Alterations or repairs to existing residential structures in any twelve (12) month period not exceeding fifty (50) percent of the value of existing structures, accessory buildings to existing dwellings, and agricultural areas.

3. The City Council may establish further exceptions to the fire flow requirements when acting on the recommendation of the Fire Chief that such exceptions will be adequate to protect health and safety without requiring excessive public or private expenditures.

E. 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 400 feet (122 m) 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 the fire code official.

Exception: Additions less than 1,000 ft2.

(Ord. 2022-08 § 3)

4.4.70 California Fire Code Chapter 9, Fire Protection Systems

California Fire Code Chapter 9, Fire Protection Systems, is adopted in its entirety with the following amendments:

A. 903.2.8. Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be installed in all of the following buildings, or portions of buildings, unless it is established to the satisfaction of the Fire Chief that the installation of such interior fire sprinkler system would impose an undue burden and the absence of an interior fire sprinkler system would not significantly increase the fire risk or hazard:

1. Any new residence, detached habitable structure, detached garage exceeding one thousand (1,000) square feet, or commercial structure regardless of the construction materials.

2. Existing and new portions of an existing building when more than twenty-five (25) percent of the existing roof structure is replaced by the addition of a second story, more than seventy-five (75) percent of the existing roof structure is replaced, or floor area is increased by more than seventy-five (75) percent.

3. Any residential addition(s), including attached or detached garages, attics, second stories, or other living areas, exceeding one thousand (1,000) square feet of floor area in any twelve (12) month period.

4. Any structure in which more than fifty (50) percent of the existing drywall is removed or disturbed.

5. That portion of any structure having more than one thousand (1,000) square feet of ceiling area removed or disturbed.

6. Any attic area greater than fifty (50) square feet in floor area with a roof pitch greater than six (6) feet in twelve (12) linear feet.

B. 903.3.3.5.3 Hydraulically calculated systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity

Exception: When static pressure exceeds 100 psi, and required by the Fire Code Official, the fire sprinkler system shall not exceed water supply capacity specified by Table 903.3.5.3

TABLE 903.3.5.3

Hydraulically Calculated Systems

C. 912.2 Location of the Fire Department Connection. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of fire department connection shall be located within 100 feet of a public fire hydrant. The fire hydrant that supports the FDC shall be on the same side of the street. A vehicle access roadway/approach shall not be placed between the FDC and fire hydrant.

(Ord. 2022-08 § 3)

4.4.80 California Fire Code Chapter 11, Construction Requirements for Existing Buildings

A.    California Fire Code Chapter 11, Construction Requirements for Existing Buildings. Adopt only those sections and subsections listed below:

1.    11.3.3.3;

2.    1103.7;

3.    1103.7.3;

4.    1103.7.3.1;

5.    1103.7.8 through 1103.7.8.2;

6.    1103.7.9 through 1103.7.9.10;

7.    1103.8 through 1103.8.5.3;

8.    1103.9.1;

9.    1107;

10.    1113;

11.    1114;

12.    1115;

13.    1116. (Ord. 2022-08 § 3)

4.4.90 California Fire Code Chapter 12, Energy Systems

California Fire Code Chapter 12, Energy Systems, is adopted in its entirety with the following amendments:

A. Section 1205.2 Access and Pathways.

Exception 3. Building-Integrated Photovoltaic (BIPV) systems where the BIPV systems are approved, integrated into the finished roof surface and are listed in accordance with a national test standard developed to address Section 690.12(B)(2) of the California Electrical Code. The removal or cutting away of portions of the BIPV system during firefighting operations shall not expose a firefighter to electrical shock hazard and smoke ventilation opportunity areas have been identified.

(Ord. 2022-08 § 3)

4.4.100 California Fire Code Chapter 49, Requirements for Wildland-Urban Interface Fire Areas

California Fire Code Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, is adopted in its entirety with the following amendments:

A. 4906.2 Application. All new plantings of vegetation in State Responsibility Areas (SRA) and Local Responsibility Areas (LRA) designated as a Very High Fire Hazard Severity Zone shall comply with Sections 4906.3 through 4906.5.3 and City of La Habra Heights Fuel Modification Guidelines.

B. 4906.4.2.1 Non-fire-resistant vegetation. New trees not classified as fire-resistant vegetation, such as conifers, palms, pepper trees and eucalyptus species, shall not be permitted.

C. 4911 Fuel Modification Requirements for New Construction. All new buildings to be built or installed in hazardous fire areas shall comply with the following:

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.

2.1 The fuel modification plan shall include provisions for the maintenance of the fuel modification for perpetuity.

3. The fuel modification plans shall meet the criteria set forth in the Fuel Modification Section of the City of La Habra Heights Vegetation Modification Guideline.

4. The fuel modification plan may be altered if conditions change. Any alterations to the fuel modification areas shall have prior approval from 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.

(Ord. 2022-08 § 3)

4.4.110 California Fire Code Chapter 56, Explosives and Fireworks

California Fire Code Chapter 56, Explosives and Fireworks. California Fire Code Chapter 56 is deleted in its entirety and replaced with the following amendments:

A. 5601.2.5 Fireworks. Except as otherwise provided in this Code, no person shall have in his or her possession, or keep, store, use, shoot, discharge, set off, ignite, explode, manufacture, sell, offer to sell, give, transport, or improperly dispose of any fireworks or dangerous or safe and sane fireworks.

Exception:

Under a permit issued by the California State Fire Marshal or the Fire Code Official.

B. 5601.2.5.1 Property Owners. Except where otherwise expressly provided in this Code, it shall be unlawful for any property owner or tenant to allow or permit the possession, sale, use or discharge of fireworks at or on their property when the property owner or tenant knows or should know of the possession, sale, use or discharge of fireworks at or on such property.

C. 5601.2.5.2 Response Cost. The cost of responding, investigating, disposing to violation of Section 5601.2.5 shall be as follows:

1. Any person who violates this section 5601.2.5 shall be liable for response costs incurred in responding to the unpermitted use, discharge or storage of fireworks.

2. If a person who violated this section 5601.2.5 is a minor charge, the responsible guardian of the minor charge and the minor charge shall be jointly and severally liable for the response costs incurred pursuant to this section.

3. To incur liability for response costs imposed by this section, a person who violates this section 5601.2.5 need not be present at the event that causes the response giving rise to the imposition of response costs.

4. Response costs imposed by this section are in addition to any other costs that may be recovered under this Code or State law.

D. 5601.3.6 Seizure of Fireworks. The fire code official shall have the authority to seize, take, remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 CCR, Chapter 6. Any seizure or removal pursuant to this section shall be in compliance with all applicable statutory, constitutional, and decisional law.

E. 5614 Explosives. No person shall store or keep for sale within the City any gunpowder, giant powder or blasting powder in quantities greater than five (5) pounds. Caps of the type used for detonating explosives shall not be brought into or stored within the City without prior written approval of the Fire Department. This Subsection does not apply to loaded cartridges, shells or powder in shells.

(Ord. 2022-08 § 3)

4.4.120 California Fire Code Chapter 57, Flammable and Combustible Liquids

California Fire Code Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety with the following amendments:

A. 5704.2.3.2 Label or placard. Tanks more than 100 gallons (379 L) in capacity, which are permanently installed or mounted and used for the storage of Class I, II or III liquids, shall bear a label and placard identifying the material therein. Placards shall be 3” red letters on white background and made of durable material.

B. Sections 5707.1 General. On-demand mobile fueling operations that dispense Class I, II and III liquids into the fuel tanks of motor vehicles shall be prohibited.

C. Sections 5707.2 through 5707.6 are hereby deleted without replacement.

(Ord. 2022-08 § 3)

4.4.130 California Fire Code Chapter 80, Referenced Standards

California Fire Code Chapter 80, Referenced Standards, is adopted in its entirety with the following amendments:

NFPA 13D, 2016 Edition, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, is hereby amended as follows:

A. 5.1.3 Stock of Spare Sprinklers

5.1.3.1. A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced.

5.1.3.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property.

5.1.3.3 The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100°F (38°C).

5.1.3.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed.

B. 7.1.2 The system piping shall not have a separate control valve unless supervised by a central station, proprietary, or remote station alarm service.

(Ord. 2022-08 § 3)

4.4.140 California Fire Code Appendices

California Fire Code Appendices are adopted in their entirety with the following amendments:

Appendix A is deleted in its entirety without amendments.

Appendix B is adopted in its entirety with the following amendment.

B101.1 Scope. The procedure for determining fire-flow requirements for non R-3 buildings or portions of buildings hereafter constructed shall be in accordance with this appendix. This appendix does not apply to R-3 buildings. Fire flow for R-3 buildings shall be in accordance with Section 507.3.

Appendix BB is adopted in its entirety without amendments.

Appendix C is adopted in its entirety with the following amendment:

C101.1 Scope. In addition to the requirements of Section 507.5.1 of the California Fire Code, Fire hydrants shall be provided in accordance with this appendix for the protection of non-R-3 buildings, or portions of buildings, hereafter constructed or moved into the jurisdiction. Hydrants spacing for R-3 occupancies shall be in accordance with Section 507.5.1

Appendix CC is adopted in its entirety without amendments.

Appendix D is deleted in its entirety without amendments.

Appendix E is deleted in its entirety without amendments.

Appendix F is deleted in its entirety without amendments.

Appendix G is deleted in its entirety without amendments.

Appendix H is adopted in its entirety without amendments.

Appendix I is deleted in its entirety without amendments.

Appendix J is deleted in its entirety without amendments.

Appendix K is deleted in its entirety without amendments.

Appendix L is deleted in its entirety without amendments.

Appendix M is deleted in its entirety without amendments.

Appendix N is deleted in its entirety without amendments.

Appendix O is deleted in its entirety without amendments. (Ord. 2022-08 § 3)