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HomeMy WebLinkAbout2025-12-02; City Council; CS-499; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING THE EXISTING CARLSBAD MUNICIPAL CODE CHAPTER 17.04 (FIRE PREVENTION CODE), AND ADOPTING A ...Exhibit 1 ORDINANCE NO. CS-499 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING THE EXISTING CARLSBAD MUNICIPAL CODE CHAPTER 17.04 (FIRE PREVENTION CODE), AND ADOPTING A NEW CHAPTER 17.04 (FIRE PREVENTION CODE) BASED ON THE 2025 EDITION OF THE CALIFORNIA FIRE CODE WHEREAS, Health and Safety Code section 17958 provides that the City Council of the City of Carlsbad may adopt ordinances or regulations that impose the same requirements as are contained in the regulations adopted by the state pursuant to Health and Safety Code Section 17922, or may make amendments based on express local findings pursuant to Sections 17958.5 and 17958.7; and WHEREAS, Health and Safety Code Section 17922 requires that the building standards and regulations adopted by the State of California impose substantially the same requirements as those contained in the most recent editions of the model codes referenced in Title 24 of the California Code of Regulations, which include the California Fire Code; and WHEREAS, the 2025 California Fire Code, published as Title 24, Part 9 of the California Code of Regulations, incorporates the model International Fire Code together with amendments adopted by the State of California; and WHEREAS, the State of California, through the California Building Standards Commission, has adopted and published Title 24, Part 9 of the California Code of Regulations, known as the 2025 California Fire Code, which becomes effective statewide on January 1, 2026, and applies within all local jurisdictions unless and until those jurisdictions adopt local amendments pursuant to Health and Safety Code Sections 17958, 17958.5, and 17958.7; and WHEREAS, Government Code Sections 50022.1 through 50022.10, inclusive, and Health and Safety Code Section 13869 authorize the City Council to adopt by reference all or part of the California Building Standards Code, including the California Fire Code; and WHEREAS, Health and Safety Code Section 17958.5 authorizes the City Council of the City of Carlsbad to make such changes or modifications to the provisions of the California Building Standards Code, including the California Fire Code, as are reasonably necessary because of local climatic, geological, or topographical conditions, which conditions are more particularly described in Attachment A; and WHEREAS, Health and Safety Code Section 17958.7 requires that, before adopting any local Dec. 2, 2025 Item #8 Page 3 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED amendments to the California Building Standards Code pursuant to Section 17958.5, the City Council of the City of Carlsbad must make express findings that such amendments are reasonably necessary due to local climatic, geological, or topographical conditions; and WHEREAS, the City Council of the City of Carlsbad finds that the City has certain local climatic, geological, and topographical conditions that may adversely affect the provision of emergency services, including fire protection and emergency medical services, in accordance with the express findings requirements of Health and Safety Code Section 17958.7; and WHEREAS, the City Council of the City of Carlsbad finds that the local amendments to the 2025 California Fire Code are reasonably necessary due to the City’s specific climatic, geological, and topographical conditions, in accordance with Health and Safety Code Sections 17958.5 and 17958.7; and WHEREAS, this finding recognizes that regional geological conditions, including the potential for significant seismic events, could result in numerous structure fires and that such events may exceed the capacity of local emergency services to provide adequate fire protection and emergency response; and WHEREAS, the City Council further finds that local topographic conditions, including irregular elevations along primary travel routes throughout the City of Carlsbad, may impede the rapid deployment and effectiveness of emergency resources; and WHEREAS, the City’s climatic and topographical conditions can create extreme fire hazards, and certain local amendments to the 2025 California Fire Code are reasonably necessary to mitigate these hazards and protect public health, safety, and welfare; and WHEREAS, the City Council held a duly noticed public hearing, and upon hearing and considering all testimony, arguments, and public comments, if any, of all persons desiring to be heard, the City Council has considered all factors related to the changes proposed to Carlsbad Municipal Code Chapter 17.04 and all local amendments to the California Building Standards Code, including the California Fire Code; and WHEREAS, the City Council of the City of Carlsbad declares that if any section, paragraph, sentence, or word of this ordinance adopting the 2025 California Fire Code is held to be invalid for any reason, it is the intent of the City Council that all remaining provisions shall remain in full force and effect and would have been adopted independently of any portion found invalid. Dec. 2, 2025 Item #8 Page 4 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED NOW, THEREFORE, be it ordained by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct and are incorporated into this Ordinance. 2. That the proposed action to adopt Fire Prevention Code is exempt from environmental review under the California Environmental Quality Act, or CEQA, Guidelines Section 15061(b)(3) and 15378(b)(5) as it can be seen with certainty that there is no possibility the proposed actions may have a significant effect on the environment. 3. That existing Chapter 17.04 of the Carlsbad Municipal Code is repealed in its entirety. 4. That new Chapter 17.04 of the Carlsbad Municipal Code is adopted to read as follows: Dec. 2, 2025 Item #8 Page 5 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED Chapter 17.04 FIRE PREVENTION CODE Sections: 17.04.010 Adoption. 17.04.020 California Fire Code Chapter 1- Scope and Administration - Adopted and Amended. 17.04.030 California Fire Code Chapter 2 - Definitions - Adopted and Amended. 17.04.040 California Fire Code Chapter 3 - General Requirements - Adopted and Amended. 17.04.050 California Fire Code Chapter 4 - Emergency Planning and Preparedness - Adopted in part. 17.04.060 California Fire Code Chapter 5 - Fire Service Features - Adopted and Amended. 17.04.070 California Fire Code Chapter 6 - Building Services and Systems - Adopted. 17.04.080 California Fire Code Chapter 7 - Fire and Smoke Protection Features - Adopted. 17.04.090 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and Furnishings - Adopted. 17.04.100 California Fire Code Chapter 9 - Fire Protection Systems - Adopted and Amended. 17.04.110 California Fire Code Chapter 10 - Means of Egress - Adopted. 17.04.120 California Fire Code Chapter 11 - Construction Requirements for Existing Buildings - Adopted in part. 17.04.130 California Fire Code Chapter 12 - Energy Systems - Adopted. 17.04.140 California Fire Code Chapter 20 - Aviation Facilities - Adopted. 17.04.150 California Fire Code Chapter 21 - Dry Cleaning - Adopted. 17.04.160 California Fire Code Chapter 22 - Combustible Dust - Producing Operations - Adopted. 17.04.170 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and Repair Garages - Adopted. 17.04.180 California Fire Code Chapter 24 - Flammable Finishes - Adopted. 17.04.190 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted. 17.04.200 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging - Adopted. 17.04.210 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities - Adopted. 17.04.220 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities - Adopted. 17.04.230 California Fire Code Chapter 29 - Manufacture of Organic Coatings - Adopted. 17.04.240 California Fire Code Chapter 30 - Industrial Ovens - Adopted. 17.04.250 California Fire Code Chapter 31 - Tents, and Other Membrane Structures - Adopted. 17.04.260 California Fire Code Chapter 32 - High-Piled Combustible Storage - Adopted. 17.04.270 California Fire Code Chapter 33 - Fire Safety During Construction and Demolition - Adopted. 17.04.280 California Fire Code Chapter 34 - Tire Rebuilding & Tire Storage - Adopted. 17.04.290 California Fire Code Chapter 35 - Welding and Other Hot Work - Adopted. 17.04.300 California Fire Code Chapter 36 - Marinas - Adopted. 17.04.310 California Fire Code Chapter 37 - Combustible Fibers - Adopted. 17.04.320 California Fire Code, Chapter 39 - Processing and Extraction Facilities - Adopted. 17.04.330 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted. 17.04.340 California Fire Code Chapter 41 – Temporary Heating and Cooking Operations – Adopted. 17.04.350 California Fire Code Chapter 48 - Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations - Adopted. 17.04.350 California Fire Code Chapter 49 - Requirements for Wildland-Urban Interface Fire Areas - Adopted. Dec. 2, 2025 Item #8 Page 6 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED 17.04.360 California Fire Code Chapter 50 - Hazardous Materials - General Provisions - Adopted. 17.04.370 California Fire Code Chapter 51 - Aerosols - Adopted. 17.04.380 California Fire Code Chapter 53 - Compressed Gases - Adopted. 17.04.390 California Fire Code Chapter 54 - Corrosive Materials - Adopted. 17.04.400 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted. 17.04.410 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted and Amended. 17.04.420 California Fire Code Chapter 57 - Flammable and Combustible Liquids - Adopted. 17.04.430 California Fire Code Chapter 58 - Flammable Gases and Flammable Cryogenic Fluids - Adopted. 17.04.440 California Fire Code Chapter 59 - Flammable Solids - Adopted. 17.04.450 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials - Adopted. 17.04.460 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted. 17.04.470 California Fire Code Chapter 62 - Organic Peroxides - Adopted. 17.04.480 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids - Adopted. 17.04.490 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted. 17.04.500 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics - Adopted. 17.04.510 California Fire Code Chapter 66 - Unstable (Reactive) Materials - Adopted. 17.04.520 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids - Adopted. 17.04.530 California Fire Code Chapter 80 - Referenced Standards - Adopted. 17.04.540 California Fire Code Appendices - Adopted in Part and Amended. 17.04.550 Severability. 17.04.010 Adoption. The City of Carlsbad adopts by reference the 2025 Edition of the California Fire Code, including Appendix Chapters 4, B, BB, C, CC, E, F, G, H and O, and the California Standards, with the amendments contained in the following sections of Chapter 17.04. As adopted and amended herein, the 2025 California Fire Code (hereinafter “California Fire Code”) becomes the Fire Code of the City of Carlsbad. The City of Carlsbad further amends the provisions of the California Fire Code to include the requirements of the California Fire Code for those occupancies not subject to the 2025 California Fire Code. 17.04.020 California Fire Code Chapter 1—Scope and Administration—Adopted and amended. California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the following amendments: A. Chapter 1, Division II, Part 2, is amended to add Section 108.7, Cost Recovery, to read as follows: The city shall be entitled to recover the cost of emergency services as described in subsections 1 through 5 below. Service costs shall be computed by the fire department under the direction of the city finance department and shall include the costs of personnel, equipment facilities, materials and other external resources. 1. Any person or corporation who allows a hazard to exist on property under the control of that person or corporation, after having been ordered by the fire department or other city department to abate that hazard, is liable for the cost of services provided by the fire department should an emergency arise as a result of said unabated hazard. Dec. 2, 2025 Item #8 Page 7 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED 2. Any person or corporation whose negligence causes an incident to occur on any public or private street, driveway or highway, which, for the purposes of life, property or environmental protection, places a service demand on the city fire department resources beyond the scope of routine service delivery, shall be liable for all costs associated with that service demand. 3. Any person or corporation responsible for property equipped with fire protection or detection devices which, due to malfunction, improper manipulation or negligent operation causes a needless response by the fire department to the property shall, for a period of twelve months after written notification by the fire department be liable for all future costs associated with each subsequent needless response caused by those devices. 4. Any person or corporation who conducts unlawful activity which results in fire, explosion, chemical release or any other incident to which the fire department responds for the purpose of performing services necessary for the protection of life, property or the environment, shall be liable for the costs associated with the delivery of those services. 5. When, in the interest of public safety, the fire chief, pursuant to Section 3108.17 and 403.11.3 of this code assigns fire department employees as standby personnel at any event, or upon any premise, the person or corporation responsible for the event or premises shall reimburse the fire department for all costs associated with the standby services. B. Chapter 1, Division II, Part 2, Section 113.4, Violation penalties, is amended to read as follows: Any person who violates any of the provisions of this code or standards; or fails to comply with any provision of this code; or violates or fails to comply with any order made pursuant to this code; or who builds in violation of any detailed statement or specification or plans submitted and approved pursuant to this code, or any certificate or permit issued pursuant to this code, and from which no timely appeal has been taken; or who fails to comply with an order as affirmed or modified by the City Attorney of the City of Carlsbad or by a court of competent jurisdiction within the time fixed herein, shall severally for each and every violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine not exceeding $1,000.00 or by imprisonment in County Jail not exceeding six months, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. C. Chapter 1, Division II, Part 2, Section 114.4, Failure to Comply, is amended to read as follows: Any person, who continues any work having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $250.00 dollars or more than $1,000.00 dollars. 17.04.030 California Fire Code Chapter 2—Definitions—Adopted and amended. California Fire Code, Chapter 2, Definitions, is adopted in its entirety with the following amendments: Chapter 2, Section 202, General Definitions, is amended to add the following definitions: FIRE HAZARD. Anything or act that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in Dec. 2, 2025 Item #8 Page 8 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED preventing, suppressing or extinguishing fire or anything or act which could obstruct, delay, hinder or interfere with the operations of the fire department or the egress of occupants in the event of fire. VEGETATION. Weeds, grass, vines or other organic (cellulose) growth that is capable of being ignited and endangering property. 17.04.040 California Fire Code Chapter 3—General Requirements—Adopted and amended. California Fire Code, Chapter 3, General Requirements, is adopted in its entirety with the following amendment: Chapter 3, Section 304.1.3, Vegetation, is amended to read as follows: Vegetation shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in wildland-urban interface areas and fire suppression zones shall be in accordance with City of Carlsbad standards and Title 24, Part 7, California Wildland-Urban Interface Code. 17.04.050 California Fire Code Chapter 4—Emergency Planning and Preparedness—Adopted in part. California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt only the sections listed below: A. 401—401.9 B. 402 C. 403 D. 404.1 E. 404.5—404.6.6 F. 405 G. 406 H. 407 17.04.060 California Fire Code Chapter 5—Fire Service Features—Adopted and amended. California Fire Code, Chapter 5, Fire Service Features, is adopted in its entirety with the following amendments: A. Chapter 5, Section 503.1.2 Additional access, is amended to add the following sections: Section 503.1.2.1 Residential developments, to read as follows: Projects of one- or two-family dwellings having more than 40 dwelling units shall be provided with two separate and approved fire access roads. Section 503.1.2.2 Developments of one- or two-family dwellings located in a High or Very High Fire Hazard Severity Zone or Fire Suppression Zone where the number of dwelling units exceeds 30 shall be provided with two separate and approved fire apparatus access roads. Section 503.1.2.3 Multiple-family residential developments to read as follows: Projects having more than 50 dwelling units: Multiple-family residential projects having more than 50 dwelling units shall be provided with two separate and approved fire apparatus access roads. Dec. 2, 2025 Item #8 Page 9 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED 503.1.2.4. Remoteness. Where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the lot or area to be served, measured in a straight line between accesses. 503.1.4 Aerial Access. Buildings exceeding three stories in height or 30 feet in height shall be provided with aerial fire apparatus access to at least one full side of the building. Required access routes shall be located not less than 15 feet (4572 mm) and not greater than 30 feet (9144 mm) from the building. The access width shall be a minimum of 26 feet (7925 mm) and shall be clear of any obstructions, including overhead utility and powerlines. The side of the building on which the aerial access fire apparatus road is positioned shall be approved by the fire code official. B. Chapter 5 Section 503.2.1 Dimensions, is amended to read as follows: Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7315 mm) exclusive of shoulders, except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115mm). C. Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.1 Minimum street width in fire hazard zones, to read as follows: Public and private streets shall have a minimum unobstructed width of 28 foot clear travel way where adjacent lots are located within designated Fire Hazard Severity Zones/Fire Suppression Zones. D. Chapter 5, Section 503.2.1 Dimensions is amended to add Section 503.2.1.2 Minimum fire apparatus access road widths for private driveways serving one or two single family dwellings to read as follows: Private driveways used as required fire apparatus access roads serving no more than two dwellings shall have a minimum width of 16 feet. E. Chapter 5, Section 503.2.1 is amended to add Section 503.2.1.3 Measurement of street width to read as follows: Street widths are to be measured from the top face of the curb to top face of the curb on streets with curb and gutter, and from flow-line to flow-line on streets with rolled curbs. F. Chapter 5, Section 503.2.3 Surface is amended to read as follows: Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced with asphalt, concrete or other approved driving surface to provide all-weather driving capabilities. G. Chapter 5, Section 505.1 Address Identification is amended to add Section 505.1.1 as follows: Street Numbers—Approved numbers and/or addresses shall be placed on the street-side of all new and existing buildings and at appropriate additional locations as to be plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background, and shall meet the following minimum standards as to size: • Single family residences: 4″ high with a 1/2″ stroke • Unit identification of multi-family residential buildings: 6″ high with a ½″ stroke • Commercial, industrial and multi-family residential buildings: minimum 12″ high with a 1.5″ stroke Additional numbers shall be required where deemed necessary by the Fire Code Official, such as rear access Dec. 2, 2025 Item #8 Page 10 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED doors, building corners, secondary access roadways and entrances to commercial centers. The Fire Code Official may establish different minimum sizes for numbers for various categories of projects. H. Chapter 5, Section 505 Premises identification is amended to add Section 505.3 Easement address signs to read as follows: All easements which are not named differently from the roadway, from which they originate, shall have an address sign installed and maintained, listing all street numbers occurring on that easement, located where the easement intersects the named roadway. Minimum size of numbers on that sign shall be four inches in height with a minimum stroke of 3/8″ and shall contrast with the background. I. Chapter 5, Section 505 Premises identification is amended to add Section 505.4 Map/directory to read as follows: A lighted directory map, meeting current fire department standards, shall be installed at each driveway entrance to multiple unit residential projects and mobile home parks, where the number of units in such project exceeds 15. J. Chapter 5, Section 505 Premises identification is amended to add Section 505.5 Response Map Updates to read as follows: Any new development, which necessitates updating of emergency response maps by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format approved by the fire department. The responsible party may be charged a reasonable fee for updating the City emergency response maps. 17.04.070 California Fire Code Chapter 6—Building Services and Systems—Adopted. California Fire Code, Chapter 6, Building Services and Systems, is adopted in its entirety without amendments. 17.04.080 California Fire Code Chapter 7—Fire and Smoke Protection Features—Adopted. California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted in its entirety without amendments. 17.04.090 California Fire Code Chapter 8—Interior Finish, Decorative Materials and Furnishings—Adopted. California Fire Code, Chapter 8, Interior Finish, Decorative Materials and Furnishings, is adopted in its entirety without amendments. 17.04.100 California Fire Code Chapter 9—Fire Protection and Life Safety Systems—Adopted and amended. California Fire Code, Chapter 9, Fire Protection Systems, is adopted in its entirety with the following amendments: Chapter 9, Section 903.2, Where required, is amended to read as follows: An approved automatic fire sprinkler system shall be provided in all new non-residential buildings constructed in which the aggregate floor area exceeds five thousand (5,000) square feet (464m2), regardless of occupancy classification and locations described in Sections 903.2.1 through 903.2.12. Mezzanines shall be included in the total square footage calculation. Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries not required to have an automatic Dec. 2, 2025 Item #8 Page 11 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED sprinkler system by Section 1207 for energy storage systems and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 711 of the California Building Code, or both. 17.04.110 California Fire Code Chapter 10—Means of Egress—Adopted. California Fire Code, Chapter 10, Means of Egress, is adopted in its entirety without amendments. 17.04.120 California Fire Code Chapter 11—Construction Requirements for Existing Buildings—Adopted in part. California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is amended to adopt only those sections and subsections listed below: A. 1103.3.3 B. 1103.7 C. 1103.7.3 D. 1103.7.3.1 E. 1103.7.8—1103.7.8.2 F. 1103.7.9—1103.7.9.10 G. 1103.8—1103.8.5.3 H. 1103.9 I. 1103.9.1 J. 1105.12 K. 11.5.12.1 L. 1108 M. 1107 N. 1113 O. 1114 P. 1115 Q. 1116 17.04.130 California Fire Code Chapter 12—Energy Systems—Adopted. California Fire Code, Chapter 12, Energy Systems, is adopted in its entirety without amendments. 17.04.140 California Fire Code Chapter 20—Aviation Facilities—Adopted. California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without amendments. 17.04.150 California Fire Code Chapter 21—Dry Cleaning—Adopted. Dec. 2, 2025 Item #8 Page 12 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments. 17.04.160 California Fire Code Chapter 22—Combustible Dust-Producing Operations—Adopted. California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted in its entirety without amendments. 17.04.170 California Fire Code Chapter 23—Motor Fuel-Dispensing Facilities and Repair Garages—Adopted. California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is adopted in its entirety without amendments. 17.04.180 California Fire Code Chapter 24—Flammable Finishes—Adopted. California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without amendments. 17.04.190 California Fire Code Chapter 25—Fruit and Crop Ripening—Adopted. California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted in its entirety without amendments. 17.04.200 California Fire Code Chapter 26—Fumigation and Insecticidal Fogging—Adopted. California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is adopted in its entirety without amendments. 17.04.210 California Fire Code Chapter 27—Semiconductor Fabrication Facilities—Adopted. California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety without amendments. 17.04.220 California Fire Code Chapter 28—Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities—Adopted. California Fire Code, Chapter 28, Lumber Yards and Agro-industrial, Solid Biomass and Woodworking Facilities, is adopted in its entirety without amendments. 17.04.230 California Fire Code Chapter 29—Manufacture of Organic Coatings—Adopted. California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety without amendments. 17.04.240 California Fire Code Chapter 30—Industrial Ovens—Adopted. California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without amendments. 17.04.250 California Fire Code Chapter 31—Tents, and Other Membrane Structures—Adopted. California Fire Code, Chapter 31, Tents and Other Membrane Structures, is adopted in its entirety without amendments. 17.04.260 California Fire Code Chapter 32—High-Piled Combustible Storage—Adopted. California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted in its entirety without amendments. 17.04.270 California Fire Code Chapter 33—Fire Safety During Construction and Demolition—Adopted. California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted in its entirety Dec. 2, 2025 Item #8 Page 13 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED without amendments. 17.04.280 California Fire Code Chapter 34—Tire Rebuilding & Tire Storage—Adopted. California Fire Code, Chapter 34, Tire Rebuilding & Tire Storage, is adopted in its entirety without amendments. 17.04.290 California Fire Code Chapter 35—Welding and Other Hot Work—Adopted. California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety without amendments. 17.04.300 California Fire Code, Chapter 36—Marinas—Adopted. California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments. 17.04.310 California Fire Code, Chapter 37—Combustible Fibers—Adopted. California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without amendments. 17.04.320 California Fire Code, Chapter 39—Processing and Extraction Facilities—Adopted. California Fire Code, Chapter 39, Processing and Extraction Facilities, is adopted in its entirety without amendments. 17.04.330 California Fire Code Chapter 40—Storage of Distilled Spirits and Wine—Adopted. California Fire Code, Chapter 40, Storage of Distilled Spirits and Wine, is adopted in its entirety without amendments. 17.04.340 California Fire Code Chapter 41—Temporary Heating and Cooking Operations—Adopted. California Fire Code, Chapter 41, Temporary Heating and Cooking Operations, is adopted in its entirety without amendments. 17.04.350 California Fire Code Chapter 48—Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations—Adopted. California Fire Code, Chapter 48, Motion Picture and Television Production Studio Sound Stages, Approved Production Facilities and Production Locations, is adopted in its entirety without amendments. 17.04.360 California Fire Code Chapter 50—Hazardous Materials—General Provisions—Adopted. California Fire Code, Chapter 50, Hazardous Materials—General Provisions, is adopted in its entirety without amendments. 17.04.370 California Fire Code Chapter 51—Aerosols—Adopted. California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments. 17.04.380 California Fire Code Chapter 53—Compressed Gases—Adopted. California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without amendments. 17.04.390 California Fire Code Chapter 54—Corrosive Materials—Adopted. California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without amendments. 17.04.400 California Fire Code Chapter 55—Cryogenic Fluids—Adopted. California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without amendments. Dec. 2, 2025 Item #8 Page 14 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED 17.04.410 California Fire Code Chapter 56—Explosives and Fireworks—Adopted and amended. California Fire Code, Chapter 56, Explosives and Fireworks, is adopted in its entirety with the following amendments: A. Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.1 Retail Fireworks, to read as follows: The storage, use, sale, possession, and handling of fireworks 1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless they are being used as part of a public display when permitted and conducted by a licensed pyrotechnic operator. B. Chapter 56, Section 5601.1.3 is amended to add Section 5601.1.3.2 Seizure of Fireworks, to read as follows: The fire chief shall have the authority to seize, take, or remove all fireworks stored, sold, offered for sale, used or handled in violation of the provisions of Title 19 California Code of Regulations, Chapter 6. 17.04.420 California Fire Code Chapter 57—Flammable and Combustible Liquids—Adopted. California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety without amendments. 17.04.430 California Fire Code Chapter 58—Flammable Gases and Flammable Cryogenic Fluids—Adopted. California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.440 California Fire Code Chapter 59—Flammable Solids—Adopted. California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without amendments. 17.04.450 California Fire Code Chapter 60—Highly Toxic and Toxic Materials—Adopted. California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety without amendments. 17.04.460 California Fire Code Chapter 61—Liquefied Petroleum Gases—Adopted. California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted in its entirety without amendments. 17.04.470 California Fire Code Chapter 62—Organic Peroxides—Adopted. California Fire Code, Chapter 62, Organic Peroxides, is adopted in its entirety without amendments. 17.04.480 California Fire Code Chapter 63—Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids— Adopted. California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is adopted in its entirety without amendments. 17.04.490 California Fire Code Chapter 64—Pyrophoric Materials—Adopted. California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without amendments. 17.04.500 California Fire Code Chapter 65—Pyroxylin (Cellulose Nitrate) Plastics—Adopted. California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted in its entirety without amendments. Dec. 2, 2025 Item #8 Page 15 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED 17.04.510 California Fire Code Chapter 66—Unstable (Reactive) Materials—Adopted. California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety without amendments. 17.04.520 California Fire Code Chapter 67—Water-Reactive Solids and Liquids—Adopted. California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted in its entirety without amendments. 17.04.530 California Fire Code Chapter 80—Referenced Standards—Adopted. California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without amendments. 17.04.540 California Fire Code Appendices—Adopted in part and amended. The Appendices to the California Fire Code are adopted as follows: A. Appendix Chapter 4 is adopted in its entirety without amendments. B. Appendix B is adopted in its entirety with the following amendments: Table B105.2 is amended to read as follows: TABLE B105.2 REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRINKLER SYSTEM (Design Standard) MINIMUM FIRE-FLOW (gallons per minute) FLOW DURATION (hours) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2)b Duration in Table B105.1(2) at the reduced flow rate For SI: 1 gallon per minute = 3.785 L/m a) The reduced fire-flow shall be not less than 1,000 gallons per minute b) The reduced fire-flow shall be not less than 1,500 gallons per minute C. Appendix BB is adopted in its entirety without amendments. D. Appendix C is adopted in its entirety without amendments. E. Appendix CC is adopted in its entirety without amendments. F. Appendix E is adopted in its entirety without amendments. G. Appendix F is adopted in its entirety without amendments. H. Appendix G is adopted in its entirety without amendments. I. Appendix H is adopted in its entirety without amendments. J. Appendix O is adopted in its entirety without amendments. Dec. 2, 2025 Item #8 Page 16 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED 17.04.550 Severability. The city council of the City of Carlsbad hereby declares that should any section, paragraph, sentence or word of this chapter or of the City of Carlsbad Municipal Code hereby adopted be declared for any reason to be invalid, it is the intent of the city council that it would have passed all other portions of this chapter independently of the elimination herefrom of any such portion as may be declared invalid. SEVERABILITY: If any portion of this ordinance or its application to particular persons or circumstances is held to be invalid or unconstitutional by a final decision of a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this chapter to persons or circumstances not similarly situated. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption. The City Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance, or a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 4th day of November 2025, and thereafter PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 2nd day of December, 2025, by the following vote, to wit: AYES: Blackburn, Bhat-Patel, Acosta, Burkholder, Shin. NAYS: None. ABSTAIN: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: _________________________________ CINDIE K. McMAHON, City Attorney _______________________________________ KEITH BLACKBURN, Mayor _______________________________________ SHERRY FREISINGER, City Clerk (SEAL) Dec. 2, 2025 Item #8 Page 17 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED Attachment A Findings for Local Amendments to 2025 California Fire Code Changes or modifications to the California Building Standards Code, 2025 Edition, are reasonably necessary in the City of Carlsbad due to local climatic, geological, and topographical conditions, and hereby make express findings of the necessity for such modifications. Climatic: The weather of the San Diego region, as in most of Southern California, is influenced by the Pacific Ocean and its semi-permanent high-pressure systems that result in dry, warm summers and mild, occasionally wet winters. The average temperature ranges (in degrees Fahrenheit (°F)) from the mid-40s to the high 90s. Most of the region’s precipitation falls from November to April with infrequent (approximately 10%) precipitation during the summer. The average seasonal precipitation along the coast is approximately 10 inches; the amount increases with elevation as moist air is lifted over the mountains to the east. The City of Carlsbad has many large hillsides covered with extensive vegetation. The city is also subject to Santa Ana conditions of gusty winds and low humidity that predispose the hillsides to extreme fire hazard. These climatic conditions necessitate greater fire protection standards than that provided by the California Building Standards Code. Geologic: The nearest fault to the city is the Newport–Inglewood–Rose Canyon Fault, which runs offshore of the western edge of the city and is considered active. Other faults in the region include the Coronado Bank, La Nacion, Elsinore, Agua Caliente, and San Jacinto. Fault activity has the potential to result in ground shaking, which can be of varying intensity depending on the intensity of earthquake activity, proximity to that activity, and local soils and geology conditions. Carlsbad is located within a seismically active region, and earthquakes have the potential to cause ground shaking of significant magnitude. Although located near fault lines, Carlsbad lies within a medium-low probabilistic peak ground acceleration zone. Earthquake-exposed electricity/power lines and leaking gas pipelines are a major cause of fire after an earthquake. These geologic conditions necessitate greater fire protection standards than those provided by the California Building Standards Code. Topography: The topography in the San Diego region varies greatly, from beaches on the west to mountains and desert on the east. Along with local meteorology, the topography influences the dispersal and movement of pollutants in the basin. The mountains to the east prohibit dispersal of pollutants in that direction and help trap them in inversion layers. Natural areas and open spaces, including watershed features, hillsides, habitats, parks and vistas, are some of the most defining and integral components of the city’s form and structure. Carlsbad’s beaches connect to three of California’s natural lagoons – Buena Vista, Agua Hedionda and Batiquitos. These lagoons are rich with a diversity of plant, animal and aquatic wildlife and offer public amenities, such as hiking trails, scenic views, fishing, and water recreation. Watershed drainages give Carlsbad its rolling topography in the east, resulting in areas with steep slopes ideal for protected habitat. Hillsides layered with trees and brush create unique, intimate spaces where many of Carlsbad’s master planned communities and resorts are located. The city is also subject to Santa Ana Dec. 2, 2025 Item #8 Page 18 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED conditions of gusty winds and low humidity that predisposes the hillsides to extreme fire hazard. These topographic conditions necessitate greater fire protection standards than that provided by the California Building Standards Code. Other conditions: Additional amendments are found to be either administrative or procedural in nature or concern themselves with subjects not covered in the California Building Standards Code. These changes include provisions making the California Building Standards Code compatible with other codes, including but not limited to administrative and procedural ordinances enforced by the city. AB 130: Local amendments carried over from previously adopted code cycles to the 2025 code cycle must be adjusted for reference changes or format changes in the new codes. Each local amendment is substantially equivalent to changes previously filed by the city (by Ordinance Nos. CS-436 and CS-437, 2022). The modifications made to the 2025 California Fire Code, located in Carlsbad Municipal Code Chapter 17.04 (“Fire Code”), are detailed in the ordinance. Unless otherwise noted below, the amendments to the 2025 California Fire Code are not substantive in nature and are limited to administrative provisions of the use and enforcement of this code. Pursuant to state law, the city may amend the fire code to impose more restrictive building standards if express findings are made that such amendments are necessary because of local climatic, geological, or topographical conditions. No findings are necessary to enact local regulations necessary to carry out procedures by the city relating to civil, administrative, or criminal procedures and remedies available for enforcing code violations, and that do not establish building standards. Table A: 2025 Fire Code Adoption Matrix CMC Section Section amended Building standard or administrative change Finding 17.04.020 Section 108.7 is amended to add cost recovery provisions for emergency service costs. Section 113.4 is amended to include imposition of violation penalties. Section 114.4 is amended to include penalty fee for failure to comply with a stop work order. Administrative --- 17.04.030 Section 202 is amended to provide a more concise definitions of the terms fire hazard and vegetation. Administrative --- Dec. 2, 2025 Item #8 Page 19 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED 17.04.040 Section 304.1.3 is amended to add a pointer to the new Title 24, Part 7. Administrative --- 17.04.060 Section 503.1.2 is amended to include conditions when a secondary fire department access road is required. Section 503.1.4 is amended to clarify when aerial apparatus access is required to be provided and minimum fire access road width for aerial apparatus. Section 503.2 is amended to provide minimum fire apparatus access road width and clarify all- weather driving surface material. Section 505 is amended to provide legible premises identification. These access road and premises identification amendments were previously filed in 2022, with some being relocated from Appendix D to Chapter 5. Building Standard The city is surrounded by open spaces consisting of grassland and underdeveloped or undeveloped areas, which in conjunction with the dry and sometimes windy local climate creates a hazardous fire situation that could lead to extensive grass and brush fires and pose a danger to life and property. During the summer and early fall months there is little, if any, measurable precipitation. The temperatures are usually between 70 and 90 degrees, with light to gusty west to east winds (i.e., drying conditions). These drying winds, with occasional Santa Ana events, mixed with the natural vegetation, create a hazardous fuel condition, which further creates extensive grass and brush land fire risk. Wind and terrain-driven fires could have a severe consequence to improved properties at risk. Adequate access for emergency vehicles is necessary to preserve the health, welfare, and safety of residents, businesses, and property within the city. Health and Safety Code Sections 17958.7 and 18941.5 authorize modifications to the building standards based on local climatic, geologic, or topographical conditions. 17.04.100 Section 903.2 is amended to require all new non-residential buildings more than 5,000 square feet to be sprinklered. This amendment was previously filed in 2022. Building standard Local conditions have an adverse effect on the prevention of major loss fires, major earthquake damage, and the potential for life and property loss, making necessary changes or modifications to the state building standards in order to ensure compliance and enhanced fire suppression with sprinklers and a reasonable and appropriate degree of proper security and fire and life safety in this jurisdiction. It focuses on better performance and emergency response under challenging environmental conditions. Health and Safety Code Sections 17958.7 and 18941.5 authorize modifications to the building standards based on local Dec. 2, 2025 Item #8 Page 20 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED climatic, geologic, or topographical conditions. 17.04.410 Section 5601 is amended to clarify that retail fireworks are prohibited and to provide authority to the Fire Chief to seize fireworks. Administrative --- 17.04.540 Appendix B, Table B105.2, is amended to increase minimum required fire flow. This amendment was previously filed in 2022. Building Standard Local conditions have an adverse effect on the prevention of major loss fires, major earthquake damage, and the potential for life and property loss, making necessary changes or modifications to the state building standards in order to ensure compliance and enhanced fire suppression with sprinklers and a reasonable and appropriate degree of proper security and fire and life safety in this jurisdiction. It focuses on better performance and emergency response under challenging environmental conditions. Health and Safety Code Sections 17958.7 and 18941.5 authorize modifications to the building standards based on local climatic, geologic, or topographical conditions. Dec. 2, 2025 Item #8 Page 21 of 29 Docusign Envelope ID: 29475051-413D-4504-931F-225AC9377AED