Chapter 13.20
FIRE CODE
13.20.010 Adoption by reference.
13.20.020 Establishment and duties of bureau of fire prevention.
13.20.037 Fire sprinkler requirements.
13.20.040 Section 5703.4 amended—Spill control.
13.20.049 Fire apparatus access roads.
13.20.050 Fire apparatus access roads—Exceptions.
13.20.060 Storage of explosives and blasting agents is to be prohibited.
13.20.065 Regulation of sale of fireworks.
13.20.066 Cannabis growing, processing, or extraction facilities.
13.20.070 Regulation of storage of flammable or combustible liquids in outside aboveground tanks.
13.20.071 Regulation of commercial cannabis activity—Operational permit required.
13.20.075 Abatement of hazards.
13.20.076 Fruit and crop ripening.
13.20.078 Fumigation and insecticidal fogging.
13.20.079 On-demand mobile fueling operations.
13.20.090 New materials, processes or occupancies which may require permits.
13.20.100 Authority to make arrests.
13.20.110 Repeal of conflicting ordinances.
13.20.010 Adoption by reference.
The city adopts, by reference, the 2019 California Fire Code including appendix Chapter 4 as set forth in Part 9 of Title 24, as from time to time amended, subject to the revisions and additions set forth in this chapter, including provision for the penalty for the violation thereof and providing for the issuance of permits and collection of fees therefor; provided, however, that the amounts of any such fees as set forth in the California Fire Code are not adopted, but instead all fees authorized or provided for by the California Fire Code shall be in an amount established by resolution of the city council.
One copy of the California Fire Code is on file in the office of the city building official, and the same is adopted and incorporated as fully as if set out at length in this chapter, and from the operative date of the ordinance codified in this section, the provisions thereof, subject to any amendments adopted by the city, shall be controlling within the city limits. (Ord. 1427 § 1 (part), 2020).
13.20.020 Establishment and duties of bureau of fire prevention.
The California Fire Code shall be enforced by the fire department operated under the supervision of the chief of the fire department. (Ord. 1427 § 1 (part), 2020).
13.20.030 Definitions.
(a) Wherever the word "jurisdiction" is used in the California Fire Code, it means the city.
(b) Wherever the term "corporation counsel" is used in the California Fire Code, it means the attorney for the city.
(c) Wherever the words "fire code official" or "chief" are used in the California Fire Code or in the city of Marysville Municipal Code, they mean "city fire chief." (Ord. 1427 § 1 (part), 2020).
13.20.032 Permit required.
A construction permit for the installation of or modification to emergency responder radio coverage systems and related equipment is required. Maintenance performed is not considered a modification and does not require a permit. (Ord. 1427 § 1 (part), 2020).
13.20.035 Permit fees.
In addition to any other fee imposed by the California Fire Code, the city council may by resolution establish permit fees for any or all permits issued pursuant to the California Fire Code. All such fees shall be paid to the fire department or building department prior to issuance of any such permit. (Ord. 1427 § 1 (part), 2020).
13.20.037 Fire sprinkler requirements.
A fire sprinkler system shall be installed in the occupancies and locations as set forth in this section. In the event of any conflict between this code and any law, rule or regulation of the state of California or other jurisdiction, that requirement which establishes the higher standard of safety shall govern.
Failure to comply with such standard of safety shall be a violation of this code. A fire sprinkler system shall be installed:
(a) In all other buildings or structures, when:
(1) There are alterations, additions or repairs within any twelve-month period which exceed fifty percent of the current assessed value of the existing building or structure. The assessed value is determined by the Yuba County assessor.
The list below summarizes square footage modifications to specific occupancies for fire sprinkler requirements as specified in the California Fire Code. The square footage has been reduced by fifty percent in most cases based on the ability for fire suppression efforts to occur with current fire department staffing levels.
A-1 Occupancies
Buildings larger than six thousand square feet in area.
Buildings with an occupant load greater than three hundred persons.
A-2 Occupancies
Buildings larger than two thousand five hundred square feet in area.
Buildings with an occupant load greater than one hundred persons.
A-3 Occupancies
Buildings larger than six thousand square feet in area.
Buildings with an occupant load greater than three hundred persons.
A-4 Occupancies
Buildings larger than six thousand square feet in area.
Buildings with an occupant load greater than three hundred persons.
B Occupancies
Buildings larger than five thousand square feet with an occupant load greater than one hudnred persons.
E Occupancies
New schools constructed on a new site.
F-1 Occupancies
Buildings larger than six thousand square feet in area.
Woodworking operations.
Areas greater than two thousand five hundred square feet in area.
H Occupancies
All occupancies.
I Occupancies
All occupancies.
M Occupancies
Buildings larger than six thousand square feet in area.
R-1 Occupancies
All occupancies.
R-2 Occupancies
All occupancies.
R-3 Occupancies
All occupancies.
S-1 Occupancies
Buildings larger than five thousand square feet in area.
Repair garages larger than six thousand square feet.
S-2 Occupancy
Parking garages larger than six thousand square feet in area or more than one story in height.
Buildings more than thirty feet in height. (Ord. 1427 § 1 (part), 2020).
13.20.040 Section 5703.4 amended—Spill control.
Section 5703.4 of the California Fire Code relating to spill control is hereby amended to add the following after the first paragraph in that section, based upon express finding of necessity No. 4 set forth in Section XXIII of Ordinance No. 1319*:
Such provisions shall include those in the area where Class I, II, or III-A liquids may be spilled to prevent liquids from flowing into the interior of service station buildings and flowing directly into the storm sewer system. The surface of the ground shall be graded to direct all spillage away from all pumps, buildings, and streets. The liquid shall be channeled to an underground interceptor which will prevent the flammable liquid from entering the storm sewer system. The interceptor shall have a capacity of one thousand gallons. The interceptor shall be installed in conformance with city standards. The interceptor shall be maintained by cleaning the interceptor as often as necessary to ensure that the storm drain system will not become contaminated with any products spilled or released. Frequent, periodic inspections will be made. (Ord. 1427 § 1 (part), 2020).
* Code reviser’s note: Ord. 1319 may be found on file in the city clerk’s office.
13.20.045 Establishment of limits in which bulk storage of liquefied petroleum gases is to be restricted.
The limits referred to in Chapter 61 of the California Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are established as follows: all that area embraced within the city limits. (Ord. 1427 § 1 (part), 2020).
13.20.049 Fire apparatus access roads.
Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within one hundred fifty feet (forty-five thousand seven hundred twenty mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Additional Access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access.
High-Piled Storage. Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions.
Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than twenty feet (six thousand ninety-six mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than thirteen feet six inches (four thousand one hundred fifteen mm). Secondary access points may be allowed at a minimum of twelve feet in some circumstances.
Authority. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities.
Turning Radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official.
Dead Ends. Dead-end fire apparatus access roads in excess of one hundred fifty feet (forty-five thousand seven hundred twenty mm) in length shall be provided with an approved area for turning around fire apparatus.
Bridges and Elevated Surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live-load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs or both shall be installed and maintained where required by the fire code official.
Grade. The grade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire department’s apparatus.
Angles of Approach and Departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on fire department apparatus.
Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING–FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.
Obstruction of Fire Apparatus Access Roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established shall be maintained at all times.
Traffic Calming Devices. Traffic calming devices shall be prohibited unless approved by the fire code official.
Required Gates or Barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other access ways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
Secured Gates and Barricades. Where required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed shall not be trespassed on or used unless authorized by the owner and the fire code official.
Exception: The restriction on use shall not apply to public officers acting within the scope of duty.
Security Gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times.
Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTMF 2200. (Ord. 1427 § 1 (part), 2020).
13.20.050 Fire apparatus access roads—Exceptions.
The following exceptions exist for fire apparatus access roads:
(a) Infill buildings or facilities are not subject to this section. For such buildings or facilities, the fire code official shall determine the requisite fire apparatus access on an individual basis. Such access, if granted, shall be more restrictive than the provisions contained in Appendix D of the California Fire Code.
(b) The fire code official is authorized to increase the dimension of one hundred fifty feet (forty-five thousand seven hundred twenty mm) where any of the following conditions occur:
(1) The building is equipped throughout with an approved automatic sprinkler system.
(2) Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided.
(3) There are not more than two Group R-3 or Group U occupancies.
(c) Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities. (Ord. 1427 § 1 (part), 2020).
* Code reviser’s note: Ord. 1319 may be found on file in the city clerk’s office.
13.20.060 Storage of explosives and blasting agents is to be prohibited.
Unless preempted by state or federal law, storage of explosives and blasting agents is prohibited in all that area embraced within the city limits. (Ord. 1427 § 1 (part), 2020).
13.20.065 Regulation of sale of fireworks.
The retail sales and use of safe and sane fireworks as defined in the California Health and Safety Code are permitted within the city limits of Marysville when all of the following requirements are met in addition to the requirements in the Health and Safety Code and the State Fire Marshal’s regulations:
(a) A permit to engage in the retail sales of safe and sane fireworks must be obtained from the fire department.
(b) Fireworks stands shall not be located closer than seventy-five feet to the nearest structure nor shall they be located in any area zoned as residential in Title 18.
(c) Bulk fireworks stored in a stationary container or portable vehicle shall not be located closer than twelve feet from the main booth or stand conducting sales.
(d) Retailers shall not store unsold stocks of fireworks in any area zoned as residential in Title 18. Fireworks shall remain in the fireworks stand until returned to the wholesaler or shall be stored at a location approved by the chief. If the fireworks are stored in the stand, a competent person, at least eighteen years of age, shall be in constant attendance during the time of such storage.
(e) Any person, firm, corporation, or organization applying for a retail sales fireworks permit shall furnish to the Marysville fire department a policy of public liability and property damage insurance. This policy shall have no deductible, with a limit of bodily injury of not less than five hundred thousand dollars. The city of Marysville, the Marysville fire department, and their agents and employees shall be named as coinsureds on the policy.
(f) At least two 2A water-type fire extinguishers, which have been serviced and tagged within the preceding twelve months by a licensed fire extinguisher service company, shall be maintained within the sales area, booth, etc., at all times while fireworks are in such sales area, booth, etc. A five-eighths-inch or larger garden hose, not exceeding one hundred fifty feet in length, equipped with a Boston-type squeeze nozzle, may be used in lieu of the water extinguisher. The hose must be attached to a water faucet and must be charged with water at all times during which fireworks are in the sales area, booth, etc.
(g) No person shall use any fireworks in any manner that could be detrimental to the health, safety, or welfare of another person.
(h) No person under the age of sixteen shall be allowed to have any fireworks in their possession without being in direct supervision of a responsible adult person eighteen years of age or older.
Fireworks in the possession of a person under the age of sixteen who is not under direct adult supervision may be confiscated.
Any person who uses fireworks in an unsafe, irresponsible, or destructive manner shall be subject to, but not limited to, the following:
(1) Confiscation of all fireworks in their possession.
(2) Citation and fine.
(3) Violator will pay the cost of all damages including the cost of any other emergency arising from said action.
(4) If the violator is a minor, their legal guardian will be subject to the above.
(i) Any person who provides fireworks to a juvenile under the age of sixteen who is not directly supervised by a responsible adult, regardless if by sale or gift, shall be subject to but not limited to a citation, fee and/or possible incarceration.
(j) Any person who has in their possession illegal fireworks will be issued a citation and all fireworks in their possession will be confiscated. All information will be given to the State Fire Marshal’s office. (Ord. 1427 § 1 (part), 2020).
13.20.066 Cannabis growing, processing, or extraction facilities.
(a) Application.
(1) This section shall apply to the growing and processing of cannabis within new and existing buildings.
(2) The use, storage, transfilling, and handling of hazardous materials shall comply with this chapter, and other applicable provisions of this code.
(3) This section shall not apply to the retail sale of cannabis where growing and processing does not occur.
(4) Where a material, its use, or associated process poses multiple hazards, all hazards shall be addressed in accordance with applicable requirements of this code.
(5) The occupancy of buildings or portions of buildings where the growing or processing of cannabis occurs shall be in accordance with applicable building and fire codes.
(b) Permits. Permits, where required, shall comply with California Fire Code and applicable local standards.
(c) Fire Protection Systems. Fire protection systems shall be provided in accordance with Chapter 9, California Fire Code.
(d) Means of Egress. Means of egress shall be in accordance with Chapter 10, California Fire Code.
(e) Growing or Production of Cannabis.
(1) Ventilation for Light Fixtures. Light fixture ductwork shall be installed in accordance with the manufacturer and NFPA 90A.
(2) Odor Control. The use of ozone generators used for odor control shall comply with applicable standards as approved by the local AHJ.
(f) Interior Finish, Contents, and Furnishings.
(1) Interior finish, including the use of any plastic, Mylar, or other thin film sheeting to enclose rooms or cover any walls or ceilings, shall be in accordance with applicable codes and standards.
(2) Hanging of plastic from ceiling or from suspended overhead structures to create wall dividers shall not be permitted.
(g) Fumigation.
(1) General. Any cannabis growing facility that is fumigated shall comply with subsection (g)(3)(A) of this section.
(2) Sources of Ignition. Sources of ignition shall be shut off during the fumigation activity and remain shut off until the required ventilation is completed.
(3) Notification.
(A) The AHJ and fire department shall be notified in writing not less than forty-eight hours before the building, structure, or space is to be closed in connection with the utilization of any toxic or flammable fumigant.
(B) Notification, as required by subsection (g)(3)(A) of this section, shall include the following: the location of the enclosed space to be fumigated or fogged, the occupancy, the fumigants or insecticides to be utilized, the person or persons responsible for the operation, and the date and time at which the operation will begin.
(C) Written notice of any fumigation or insecticidal fogging operation shall be given to all affected occupants of the building, structure, or space in which such operations are to be conducted with sufficient advance notice to allow the occupants to evacuate the building, structure, or space.
(D) Written notice, as required by subsection (g)(3)(C) of this section, shall inform the occupants as to the purposes, anticipated duration, and hazards associated with the fumigation or insecticidal fogging operation.
(4) Signage.
(A) Approved warning signs indicating the danger, type of chemical involved, and necessary precautions shall be posted on all doors and entrances to the premises, including interior rooms and areas.
(B) Signage shall be located at the exterior main entry and at the entries to those areas being fumigated indicating the duration of the fumigation.
(5) Watch Personnel.
(A) During the period fumigation is in progress a watchperson shall remain on duty at the entrance or entrances to the enclosed fumigated space until after the fumigation is completed and the building, structure, or space is properly ventilated and safe for occupancy.
(B) Sufficient watchpersons shall be provided to prevent any person from entering the enclosed space under fumigation unobserved.
(6) Occupancy During Fumigation. Occupants of the building, structure, or space to be fumigated, except the personnel conducting the fumigation, shall be evacuated from such building, structure, or space prior to commencing fumigation operations.
(7) Sealing of Building, Structure, or Space. Paper, and other similar materials, used to wrap or cover a building, structure, or space in excess of that required for the sealing of cracks, casements, and similar openings shall meet the flame propagation performance criteria of Test Method 1 or Test Method 2 of NFPA 701.
(8) Maintenance of Openings. All openings to the building, structure, or space to be fumigated or fogged shall be kept securely closed during such operation.
(9) Venting and Cleanup. At the end of the exposure period the following procedures shall be followed: Fumigators shall safely and properly ventilate the premises and contents; fumigant containers, residues, debris, and other materials used for such fumigation shall be properly disposed, and obstructions shall be cleared from gas-fired appliance vents.
(h) Pesticide Application.
(1) A warning sign shall be provided to indicate that pesticides have been applied.
(2) A record of pesticide application shall be provided and shall include the following: the pesticide product or chemical used; the date and time the pesticide was applied, and when the room or area is safe to reoccupy.
(i) Processing or Extraction.
(1) Extraction Room.
(A) Extraction rooms in a cannabis extraction facility shall be constructed in accordance with the building code and this code.
(B) For other than CO2 and nonhazardous extraction process, the cannabis extraction equipment and process shall be located in a room of noncombustible construction dedicated to the extraction process and the room shall not be used for any other purpose.
(C) Cannabis extraction shall not be located in any building containing assembly, educational, day care, health care, ambulatory health care, residential board and care, residential, or detention and correctional facilities.
(2) Means of Egress. For extraction rooms using hazardous materials, each room shall be provided with at least one exit access door complying with the following: the door shall swing in the direction of egress travel; the door shall be provided with a self-closing or automatic closing device, and the door shall be equipped with panic or fire exit hardware.
(3) Staffing.
(A) For other than approved, unattended processes, the extraction process shall be continuously staffed.
(B) Staff monitoring the extraction process shall be trained in the following: the extraction process; the transfer of solvents, where applicable; and all emergency procedures.
(C) All staff training records shall be maintained on site and made available to the AHJ upon request.
(4) Operator Training.
(A) In addition to the provisions of subsection (i)(3)(B) of this section, the operator of the cannabis extraction equipment shall also receive training in safe operation of the equipment.
(B) Documentation of training required by this subsection shall be maintained on site and made available to the AHJ upon request.
(5) Signage.
(A) All applicable safety data sheets (SDS) shall be posted in the extraction room.
(B) The NFPA 704 hazard rating diamond sign and no smoking signs shall be posted on the exterior of the extraction room door.
(C) Applicable hazard warning signage shall be posted throughout the facility as applicable for emergency equipment.
(j) Systems, Equipment, and Processes.
(1) General.
(A) Systems, equipment, and processes shall be in accordance with this subsection and subsection (k) of this section.
(B) Systems, equipment, and processes shall include, but are not limited to, vessels, chambers, containers, cylinders, tanks, piping, tubing, valves, fittings, and pumps.
(2) In addition to the requirements in subsection (j)(l) of this section, systems, equipment, and processes shall also comply with other applicable provisions of this code, the California Building and Fire Codes, and NFPA 90A.
(3) Systems or equipment used for the extraction of cannabis/cannabis oils and products from plant material shall be performed using equipment that has been listed or approved.
(k) Equipment.
(1) Where an explosion condition exists, heating equipment such as vacuum ovens, heating mantles, heat guns, or other equipment shall not be used to heat flammable or combustible liquids or oils containing liquefied petroleum gases.
(2) Refrigerators, freezers, and other cooling equipment used to store or cool flammable liquids shall be listed for the storage of flammable/combustible liquids or be listed for Class I, Division 1 locations, as described in Article 501 of NFPA 70.
(3) LPG tanks shall comply with California Fire Code and applicable standards.
(l) Approval for Systems and Equipment with No Listing.
(1) Where the system used for extraction of cannabis oils and products from plant material is not listed, the system shall have a designer of record.
(2) The designer of record shall be a registered design professional.
(3) Documentation for Equipment with No Listing. For systems and equipment not listed for the specific use, a technical report documenting the design or peer review of the equipment shall be prepared and submitted to the AHJ for review and approval.
(m) Change of Extraction Medium.
(1) Where the medium of extraction or solvent is changed from the material indicated in the technical report or as required by the manufacturer, the technical report shall be revised at the cost of the facility owner and submitted for review and approval by the AHJ prior to the use of the equipment with the new medium or solvent.
(2) If the original designer of record is not available, then the new designer of record shall comply with subsection (j) of this section.
(n) Equipment Field Verification.
(1) Prior to operation of the extraction equipment, the designer of record for the equipment shall inspect the site of the extraction process once equipment has been installed for compliance with the technical report and the building analysis.
(2) The designer of record performing the field verification shall provide a report of findings and observations of the site inspection to the AHJ for review and approval prior to the approval of the extraction process.
(3) The field inspection report authored by the designer of record shall include the serial number of the equipment used in the process and shall confirm the equipment installed is the same model and type of equipment identified in the technical report.
(o) Liquefied Petroleum Gas (LPG) Extraction.
(1) General. Cannabis extraction facilities using liquefied petroleum gas solvents shall comply with subsections (k) and (n) of this section.
(2) Exhaust. An approved exhaust system shall be provided for LPG extractions. The exhaust systems shall be installed and maintained accordance with NFPA 91 or the mechanical code.
(3) All LPG extraction operations, including processes for off-gassing spent plant material and oil retrieval, shall be conducted within a chemical fume hood or enclosure in compliance with NFPA 91 or the mechanical code.
(4) Electrical. All conductive equipment and conductive objects within the exhaust room shall be bonded and grounded with a resistance of less than 1.0 x 106 ohms in accordance with NFPA 70.
(5) The area within a hood or enclosure used for LPG extractions shall be classified as a Class I, Division 1 hazardous location in accordance with NFPA 70. Areas adjacent to Class I, Division 1 locations shall be classified in accordance with NFPA 70.
(6) All electrical components within the extraction room shall be interlocked with the hazardous exhaust system such that room lighting and other extraction room electrical equipment will only operate when the exhaust system is in operation.
(7) An automatic emergency power system shall be provided for the following items, when installed: extraction room lighting, extraction room ventilation systems, and solvent gas detection systems.
(p) Extraction Room Gas Detection System.
(1) An approved continuous gas detection system shall be provided.
(2) The gas detection system shall alert the extraction operator in an approved manner at a gas detection threshold no greater than twenty-five percent of the gas LEL/LFL.
(3) Gas detection systems shall be provided with constant non-interlocked power.
(q) Protection. An automatic suppression system shall be provided within hoods or enclosures, including ductwork, in accordance with the following: an automatic water sprinkler system that meets all applicable requirements of NFPA 13, a carbon dioxide extinguishing system that meets all applicable requirements of NFPA 12, a dry chemical extinguishing system that meets all applicable requirements of NFPA 17, or a gaseous agent extinguishing system that meets all applicable requirements of NFPA 2001.
(r) Storage. LPG containers not in use shall not be stored within extraction rooms.
(s) Facility Piping Systems. LPG liquid piping systems shall be in compliance with NFPA 58.
(t) Flammable and Combustible Liquid Extraction.
(1) General. Cannabis extraction facilities using flammable and combustible liquid solvents shall comply with subsections (k)(1) and (s) of this section.
(2) Exhaust. Extraction and post oil processing operations, including dispensing of flammable liquids between containers, shall be performed in one of the following locations: a chemical fume hood in accordance with Chapter 7 of NFPA 45, or an approved exhaust system installed in accordance with NFPA 91 or the mechanical code.
(3) Unheated processes at atmospheric pressure using less than sixteen ounces (four hundred seventy-three ml) of flammable liquids shall not be required to comply with subsection (t)(2) of this section.
(4) Classified electrical systems shall be in accordance with NFPA 70.
(5) All electrical components within the chemical fume hood or exhausted enclosure shall be interlocked such that the exhaust system shall be in operation for lighting and components to be used.
(6) Storage and Handling. The storage, use, and handling of flammable liquids shall be in compliance with this chapter and the California Fire Code.
(7) Heating of flammable or combustible liquids over an open flame shall be prohibited.
(u) Carbon Dioxide Extraction.
(1) General. Cannabis extraction facilities using carbon dioxide solvents shall comply with subsections (k)(l) and (t) of this section.
(2) Storage and Handling. All CO2 compressed gas cylinders shall be secured to a fixed object to prevent falling.
(v) CO2 Gas Detection.
(1) An approved, listed CO2 detector shall be installed in the CO2 extraction room.
(2) Auto-calibrating and self-zeroing devices or detectors shall be prohibited.
(3) The detector shall be set to alarm at five thousand ppm of CO2.
(w) CO2 Discharges. The extraction equipment pressure relief devices and blow-off valves shall be piped to the exterior of the building.
(x) Transfilling. Filling LPG extraction equipment supply containers shall be in compliance with NFPA 58 and applicable California Fire and Building codes. (Ord. 1427 § 1 (part), 2020).
13.20.070 Regulation of storage of flammable or combustible liquids in outside aboveground tanks.
(a) Except as provided in subsections (c) and (d) of this section, the storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the city; provided, that any such tank which was in use within the city as of March 1, 1986, may continue to be used for such purpose subject to the following conditions:
(1) The operation and maintenance of such tank prior to March 1, 1986, and at all times thereafter shall be in accordance with the provisions of Chapter 57 of the California Fire Code.
(2) If any such use is abandoned or discontinued for any reason for a period of three months or more, it is unlawful thereafter to again use such aboveground tanks for the storage of such liquids.
(3) No existing aboveground tank or structure used for the storage of Class I and Class II liquids shall be enlarged, increased, extended, reconstructed, or structurally altered; provided, however, that ordinary maintenance and repairs (including the fair value of the labor provided by an owner or user of such tank) do not exceed fifteen percent of the replacement cost of such tanks in any one-year period.
(4) If at any time any such aboveground tank is damaged by any cause to the extent of more than twenty-five percent of its replacement cost, such tank shall not be rebuilt or used within the city.
(b) From and after March 1, 1986, bulk plants of the type described in the California Fire Code are prohibited within the city; provided, that any such bulk plant which was in operation within the city as of March 1, 1986, may continue to be operated subject to the following conditions:
(1) The operation and maintenance of such tank prior to March 1, 1986, and at all times thereafter shall be in accordance with the provisions of the California Fire Code.
(2) If the operation of any such bulk plant is abandoned or discontinued for any reason for a period of three months or more, it is unlawful thereafter to again operate such bulk plant within the city.
(3) No existing bulk plant shall be enlarged, increased, extended, reconstructed, or structurally altered; provided, however, that ordinary maintenance and repairs may be made to such bulk plant or structure providing that the value of such maintenance and repairs (including the fair value of the labor provided by an owner or user of such bulk plant) do not exceed fifteen percent of the replacement cost of such bulk plant in any one-year period.
(4) If at any time any such bulk plant is damaged by any cause to the extent of more than twenty-five percent of its replacement cost, such bulk plant shall not be rebuilt or used within the city.
(c) The storage of Class I and Class II liquids outside of buildings in an aboveground tank of a capacity of one thousand gallons or less shall be permitted if the fire code official, or his designee, determines that the placement of such tank in the intended location would not present undue risk to the health, safety and welfare of the public; provided that, at a minimum, in addition to meeting the requirements of the California Fire Code with respect to any such tank, such tank shall meet the requirements for a protected aboveground tank.
(d) The storage of Class I and Class II liquids outside of buildings in an aboveground tank of a capacity greater than one thousand gallons but not greater than fifteen thousand gallons shall be permitted within the city subject to the issuance of a conditional use permit under the provisions of Chapter 18.72; provided, however, that in no event shall any use permit be granted nor any such aboveground tank be located within any residential district (R-1, R-2, R-3, and R-4) within the city. (Ord. 1427 § 1 (part), 2020).
13.20.071 Regulation of commercial cannabis activity—Operational permit required.
An operational permit issued by the fire department is required before any business may engage in commercial cannabis activity, as defined in Section 18.67.015(c). (Ord. 1427 § 1 (part), 2020).
13.20.075 Abatement of hazards.
In situations where immediate abatement of a fire hazard or other potentially hazardous condition exists, the chief shall have the authority to abate such hazard immediately.
This may include, but is not limited to, confiscation of flammable liquids, fireworks, removing hazardous wiring and adapters, temporary closure of commercial occupancies, extinguishing illegal fires and any other similar hazards, determining no smoking, and ceasing operation of any type of apparatus that may be a danger to life or property. Costs of abatement shall become a lien upon the property affected. All affected persons shall be notified of action taken as soon as possible. (Ord. 1427 § 1 (part), 2020).
13.20.076 Fruit and crop ripening.
Ripening processes where ethylene gas is introduced into a room to promote the ripening of fruits, vegetables and other crops shall comply with Section 2501 of the California Fire Code. Permits shall be required and maintained as set forth in Section 105.6 and 2506 of the California Fire Code.
Sources of ignition shall be controlled or protected in an attempt to prevent fire from starting.
(1) Electrical wiring and equipment, including luminaires, shall be approved for use in Class I, Division 2, Group C hazardous (classified) locations.
(2) Lighting shall be by approved electric lamps or luminaires only.
(3) Containers, piping and equipment used to dispense ethylene shall be bonded and grounded to prevent the discharge of static sparks or arcs.
(4) Heating shall be by indirect means utilizing low-pressure steam, hot water or warm air.
Exception: Electric or fuel-fired heaters approved for use in hazardous (classified) locations and that are installed and operated in accordance with the applicable provisions of NFPA 70, the International Mechanical Code or the International Fuel Gas Code.
(5) Empty boxes, cartons, pallets and other combustible waste shall be removed from ripening rooms or enclosures and disposed of at regular intervals in accordance with Chapter 3.
Exception: Mixtures of ethylene and one or more inert gases in concentrations that prevent the gas from reaching greater than twenty-five percent of the lower explosive limit (LEL) when released to the atmosphere. (Ord. 1427 § 1 (part), 2020).
13.20.078 Fumigation and insecticidal fogging.
Fumigation and insecticidal fogging operations within buildings, structures and spaces shall comply with Section 26 of the California Fire Code.
(1) Permits shall be required as set forth in Section 105.6, California Fire Code.
(2) Buildings, structures and spaces in which fumigation and insecticidal fogging operations are conducted shall comply with the fire protection and safety requirements of Sections 2603.2 through 2603.7.
(3) Fires, open flames and similar sources of ignition shall be eliminated from the space under fumigation or insecticidal fogging. Heating, where needed, shall be of an approved type.
(4) Electricity in any part of the building, structure or space where operation of switches or electrical devices, equipment or systems could serve as a source of ignition shall be shut off.
(5) Circulating fans that have been specifically designed for utilization in hazardous atmospheres and installed in accordance with NFPA 70.
(6) Electronic devices, including portable equipment and cellular phones, shall be shut off. Telephone lines shall be disconnected from telephones.
(7) Sources of ignition shall be shut off during the fumigation activity and remain shut off until the ventilation required in Section 2603.6 is completed. The fire code official and fire chief shall be notified in writing not less than 48 hours before the building, structure or space is to be closed in connection with the utilization of any toxic or flammable fumigant. Notification shall give the location of the enclosed space to be fumigated or fogged, the occupancy, the fumigants or insecticides to be utilized, the person or persons responsible for the operation, and the date and time at which the operation will begin. Written notice of any fumigation or insecticidal fogging operation shall be given to all affected occupants of the building, structure or space in which such operations are to be conducted with sufficient advance notice to allow the occupants to evacuate the building, structure or space. Such notice shall inform the occupants as to the purposes, anticipated duration and hazards associated with the fumigation or insecticidal fogging operation.
(8) Approved warning signs indicating the danger, type of chemical involved and necessary precautions shall be posted on all doors and entrances to the affected building, structure or space and on all gangplanks and ladders from the deck, pier or land to a ship. Such notices shall be printed in red ink on a white background. Letters in the headlines shall be not less than two inches (fifty-one mm) in height and shall state the date and time of the operation, the name and address of the person, the name of the operator in charge, and a warning stating that the affected building, structure or space shall be vacated not less than one hour before the operation begins and shall not be reentered until the danger signs have been removed by the proper authorities.
(9) Persons engaged in the business of fumigation or insecticidal fogging shall maintain and have available approved protective breathing apparatus.
(10) During the period fumigation is in progress, except where fumigation is conducted in a gas-tight vault or tank, a responsible watchperson shall remain on duty at the entrance or entrances to the enclosed fumigated space until after the fumigation is completed and the building, structure or space is properly ventilated and safe for occupancy. Sufficient watchers shall be provided to prevent persons from entering the enclosed space under fumigation without being observed.
(11) Occupants of the building, structure or space to be fumigated, except the personnel conducting the fumigation, shall be evacuated from such building, structure or space prior to commencing fumigation operations.
(12) Occupants in the building, structure or space to be fogged, except the personnel conducting the insecticidal fogging operations, shall be evacuated from such building, structure or space prior to commencing fogging operations.
(13) Insecticidal fogging liquids with a flash point below one hundred degrees Fahrenheit (thirty-eight degrees Celsius) shall not be utilized.
(14) Paper and other similar materials that do not meet the flame propagation performance criteria of Test Method 1 or Test Method 2, as appropriate, of NFPA 701 shall not be used to wrap or cover a building, structure or space in excess of that required for the sealing of cracks, casements and similar openings.
(15) All openings to the building, structure or space to be fumigated or fogged shall be kept securely closed during such operation.
(16) At the end of the exposure period, fumigators shall safely and properly ventilate the premises and contents; properly dispose of fumigant containers, residues, debris and other materials used for such fumigation; and clear obstructions from gas-fired appliance vents.
(17) The use of carbon disulfide and hydrogen cyanide shall be restricted to agricultural fumigation. (Ord. 1427 § 1 (part), 2020).
13.20.079 On-demand mobile fueling operations.
On-demand mobile fueling operations that dispense Class I, II and III liquids into the fuel tanks of motor vehicles shall comply with Sections 5707.1 through 5707.6.3.
Exception: Fueling from an approved portable container in cases of an emergency or for personal use.
Mobile fueling operations shall not be conducted without first obtaining a permit and approval from the fire code official. Mobile fueling operations shall occur only at approved locations.
An on-demand mobile fueling vehicle shall be one of the following:
(a) A vehicle that has chassis-mounted tanks or containers where the aggregate cargo capacity does not exceed one thousand two hundred gallons (four thousand five hundred ninety-two L). A mobile fueling vehicle with a mounted tank in excess of one hundred ten gallons (four hundred fifteen L) shall comply with the requirements of Section 5706.6, Section 5707 and NFPA 385.
(b) A vehicle that carries a maximum of sixty gallons (two hundred twenty-seven L) of motor fuel in metal safety cans listed in accordance with UL 30 or other approved metal containers, each not to exceed five gallons (nineteen L) in capacity. Containers shall be secured to the mobile fueling vehicle except when in use. The mobile fueling vehicle shall comply with all local, state and federal requirements. The mobile fueling vehicle and its equipment shall be maintained in good repair.
Documents developed to comply with Sections 5707.3.1 through 5707.3.3 shall be updated as necessary by the owner of the mobile fueling operation and shall be maintained in compliance with Section 108.3.
Mobile fueling operators shall have an approved written safety and emergency response plan that establishes policies and procedures for fire safety, spill prevention and control, personnel training and compliance with other applicable requirements of this code.
Mobile fueling vehicles shall be operated only by designated personnel who are trained on proper fueling procedures and the safety and emergency response plan. Training records of operators shall be maintained.
Where required by the fire code official, a site plan shall be developed for each location at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate: all buildings, structures, lot lines, property lines and appurtenances on site and their use or function; all uses adjacent to the lot lines of the site; fueling locations, the locations of all storm drain openings and adjacent waterways or wetlands; information regarding slope, natural drainage, curbing, impounding and how a spill will be kept on the site property; and the scale of the site plan.
Mobile fueling shall not occur on public streets, public ways or inside buildings. Fueling on the roof level of parking structures or other buildings is prohibited.
Mobile fueling shall not take place within twenty-five feet (seven thousand six hundred twenty mm) of buildings, property lines or combustible storage.
Exception: The fire code official shall be authorized to decrease the separation distance for dispensing from metal safety cans or other approved metal containers in accordance with Section 5707.2. Where dispensing operations occur within fifteen feet (four thousand five hundred seventy-two mm) of a storm drain, an approved storm drain cover or an approved equivalent method that will prevent any fuel from reaching the drain shall be used.
Smoking, open flames and other sources of ignition shall be prohibited within twenty-five feet (seven thousand six hundred twenty mm) of fuel dispensing activities. Signs prohibiting smoking or open flames within twenty-five feet (seven thousand six hundred twenty mm) of the vehicle or the point of fueling shall be prominently posted on the mobile fueling vehicle. The engines of vehicles being fueled shall be shut off during fueling.
Mobile fueling equipment shall comply with Sections 5707.5.1 through 5707.5.4 of the California Fire Code.
Where equipped, the dispensing hose shall not exceed fifty feet (fifteen thousand two hundred forty mm) in length. The dispensing nozzles and hoses shall be of an approved and listed type.
Mobile fueling vehicles shall be equipped with a fuel limit switch set to a maximum of thirty gallons (one hundred sixteen L) and a nozzle or other approved device that, when activated, immediately causes flow of fuel from the mobile fueling vehicle to cease.
An approved portable fire extinguisher complying with Section 906 with a minimum rating of 40-B:C shall be provided on the mobile fueling vehicle with signage clearly indicating its location.
Mobile fueling vehicles shall contain a minimum five-gallon (nineteen L) spill kit of an approved type.
Mobile fueling vehicles shall be constantly attended during fueling operations with brakes set and warning lights in operation. Mobile fueling vehicles shall not obstruct emergency vehicle access roads.
Where equipped, mobile fueling vehicles shall be positioned in a manner to preclude traffic from driving over the dispensing hose. The dispensing hose shall be properly placed on an approved reel or in an approved compartment prior to moving the mobile fueling vehicle.
Operators shall place a drip pan or an absorbent pillow under the nozzle at each fuel fill opening prior to and during dispensing operations to catch drips.
Spills shall be reported in accordance with Section 5003.3.1 of the California Fire Code. (Ord. 1427 § 1 (part), 2020).
13.20.080 Appeals.
Whenever the chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the board of appeals under the provisions of Chapter 2.88, entitled "Board of Appeals," of Title 2, entitled "Administration and Personnel." (Ord. 1427 § 1 (part), 2020).
13.20.090 New materials, processes or occupancies which may require permits.
The city manager, the chief and the building official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumerated in said code. The chief shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons.
The operational permits required by Section 105 of Appendix Chapter 1 of the California Fire Code and required by various articles throughout said code shall be renewable as specified in the permit, except that burning permits shall be valid only for those dates listed on the permit. (Ord. 1427 § 1 (part), 2020).
13.20.100 Authority to make arrests.
Fire department employees authorized in writing by the fire chief who have satisfactorily completed the course of training described in subsection (a) of Section 832 of the California Penal Code are hereby authorized to arrest a person without warrant whenever such employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in such employee’s presence which is a violation of any provision of this chapter, including, without limitation, the California Fire Code, adopted pursuant to Section 13.20.010. (Ord. 1427 § 1 (part), 2020).
13.20.110 Repeal of conflicting ordinances.
All ordinances or parts thereof in conflict or inconsistent with the provisions of this chapter or of the California Fire Code hereby adopted and all sections of Chapter 13.20 not amended by the ordinance codified in this chapter are repealed. (Ord. 1427 § 1 (part), 2020).