HomeMy WebLinkAbout2008-01-11; City Council; NS-868; Amending Municipal Code 17.04...1
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8 WHEREAS, the State of California has adopted and published California
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Code of Regulations Title 24, Part 9 as the California Fire Code to become effective
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January 1,2008.11
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ORDINANCE NO. NS-868
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
CARLSBAD MUNICIPAL CODE CHAPTER 17.04 BY
REPEALING SECTIONS 17.04.010 THROUGH
17.04.090 RELATING TO THE 2001 FIRE CODE AND
BY ADDING SECTIONS 17.04.010 THROUGH
17.04.370 TO THE CARLSBAD MUNICIPAL CODE
RELATING TO THE ADOPTION BY REFERENCE OF
THE 2007 EDITION OF THE CALIFORNIA FIRE
CODE
WHEREAS, on January 1, 2008, all existing fire code adoptions and
amendments of local agencies automatically revert to the new State minimum code
unless new local adoptions and more restrictive amendments are made.
WHEREAS, more restrictive local amendments can be made to the State's
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minimum code requirements based on local geologic, topographic or climatic
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conditions.
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WHEREAS, the City Council of the City of Carlsbad finds that improved fire\ y
protection in the form of automatic fire sprinklers is necessary in larger commercial
and industrial buildings and hard to reach residential structures to insure the early
control of fires, provide occupants with the time needed to escape and to prevent fire
23 spread. This finding recognizes regional geologic conditions and the likelihood of
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numerous structure fires following a greater magnitude seismic event. It also
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considered the limited ability of local emergency services to provide fire protection
due to extraordinary service demands following such events. Further basis for the
finding is concern for local topographic conditions and irregular elevations along
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10 Code is amended by repealing Sections 17.04.010 through 17.04.090.
17.04.010 Adopted.
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primary travel routes throughout the City. These conditions impede the rapid
deployment and effectiveness of emergency resources.
WHEREAS, that climactic and topographical conditions can exist within the
city that create an extreme fire danger and modification to the California Fire Code is
necessary for community health and safety.
THEREFORE, the City Council of the City of Carlsbad, California, does ordain
as follows:
SECTION 1: That existing Title 17, Chapter 17.04 of the Carlsbad Municipal
17.04.020 Section 901.4.2 amended-Marking of fire apparatus access
roads.
17.04.030 Section 1003.2.2 amended-Automatic fire-extinguishing
systems.
17.04.040 Section 7701.7.2 amended-Prohibiting storage of explosives.
17.04.050 Section 7902.2.2.1 amended-Restricted locations for storage
of flammable and combustible liquids in aboveground tanks.
17.04.060 Section 8204.2 amended-Restricting storage of liquefied
petroleum gas.
17.04.070 Violations.
17.04.080 Recovery of costs associated with certain emergency services
provided by the city fire department.
17.04.090 Article 78 amended.
17.04.010 Adopted.
The city of Carlsbad adopts by reference the 2001 Edition of the California Fire
Code, two copies of which are on file in the office of the city clerk, known as
California Code of Regulations, Title 24, Part 9, except for the following amendments
thereto. The city amends the provisions of the California Fire Code to include the
requirements of the 2000 Edition of the Uniform Fire Code of the Western Fire Chiefs
Association for those occupancies not subject to the California Fire Code. As
adopted and amended herein, the California Fire Code becomes the fire code of the
city of Carlsbad. (Ord. NS-637 § 2 (part), 2002)
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17.04.020 Section 901.4.2 amended-Marking of fire apparatus access roads.
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Section 901.4.2 is amended to read:
28 901.4.2 Marking. When required by the Chief, one or more of the following methods
shall be used to identify fire apparatus access roads and prohibit their obstruction:
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1Q (Ord. NS-637 § 2 (part), 2002)
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1. The entire length of the road shall be marked by approved signs posted at
intervals no greater than one hundred feet, which identify the road as a "Fire lane"
and state the prohibition of parking therein. The sign shall also warn that vehicles in
violation are subject to citation or removal. Such signs shall be posted in a
permanent manner at a height no greater than nine feet and no less than seven feet;
2. Standard curbs bordering fire access roads shall have the words "NO PARKING
FIRE LANE" painted upon their horizontal and vertical surfaces at intervals of not
more than twenty-five feet. Letters shall be of block style, minimum five (5) inches in
last letters of the text; or
3. A monument type sign may be placed at the entrance to a private street which
provides information as stated in subsection 1, with additional wording necessary to
inform approaching traffic of parking restrictions. Such signs must be approved by
the Police Department and the Fire Marshal prior to installation.
17.04.030 Section 1003.2.2 amended-Automatic fire-extinguishing systems.
Section 1003.2.2 of the California Fire Code is amended to add:
6. Excluding detached R-3 occupancies, in buildings two or more stories in height, an
automatic fire-extinguishing system shall be installed in those areas which lie below
the lowest elevation of Fire Department vehicular access. The access elevation shall
be determined by the Fire Chief.
7. Other provisions of this section notwithstanding, all buildings hereafter constructed
in which the aggregate floor area exceeds ten thousand (10,000) square feet shall be
protected throughout by an approved automatic fire-extinguishing system.
8. Other provisions of this section notwithstanding, all existing buildings in which the
aggregate floor area is expanded to exceed ten thousand (10,000) square feet shall
be protected throughout by an approved automatic fire-extinguishing system.
Subsections 7 and 8 shall not apply to an "Open Parking Garage" as that term
19 is defined in the 2001 edition of the California Building Code.
(Ord. NS-660 § 1, 2003: Ord. NS-637 § 2 (part), 2002)
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17.04.040 Section 7701.7.2 amended-Prohibiting storage of explosives.
22 Section 7701.7.2 of the California Fire Code is amended to read:
7701.7.2 Prohibition of storage. Storage of explosive materials is prohibited within
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(Ord. NS-637 § 2 (part), 2002)
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17.04.050 Section 7902.2.2.1 amended-Restricted locations for storage of
flammable and combustible liquids in aboveground tanks.
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Section 7902.2.2.1 of the California Fire Code is amended to read:
7902.2.2.1 Locations where aboveground tanks are prohibited. The storage of Class
I and Class II liquids in aboveground tanks outside of buildings is prohibited within
the city limits.
Exception: (1) Farms, rural areas and construction sites as provided in section
7904.2 of this code.
Exception: (2) With the Chiefs approval Class I and II liquids may be stored above
ground outside of buildings in specially designed approved and listed tanks, having
features incorporated into their design which mitigate concerns for exposure to heat,
ignition sources and mechanical damage. Tanks must be installed and used in
accordance with their listing, and provisions must be made for leak and spill
containment. Storage in such tanks on any site shall not exceed 550 gallons for
Class I or 1100 gallons for Class II liquids. The Chief may disapprove the installation
of such containers when, in the Chiefs opinion, their use presents an unacceptable
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(Ord. NS-637 § 2 (part), 2002)
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risk to life or property. In no case shall such storage be permitted on residential
property. The Chief may allow an increase in storage volume when it is found that
such an increase serves public safety interests.
17.04.060 Section 8204.2 amended-Restricting storage of liquefied petroleum
gas.
Section 8204.2 of the California Fire Code is amended to read as follows:
8204.2 Maximum capacity within the city limits. Within the city limits, the aggregate
capacity of any one LP-gas storage installation shall not exceed a 2,000 gallon (7571
L) water capacity.
(Ord. NS-637 § 2 (part), 2002)
17.04.070 Violations.
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For occupancies regulated by the state, pursuant to Section 13112 of the Health and
16 "Safety Code, the minimum penalty is a misdemeanor. For violations of the California
Fire Code not regulated by the state, the penalty may be infraction(s) or
misdemeanor citations, whichever is most appropriate. (Ord. NS-772 § 1, 2005: Ord.
18 NS-637 §2 (part), 2002)
19 17.04.080 Recovery of costs associated with certain emergency services
provided by the city fire department.
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The city shall be entitled to recover the cost of emergency services as described in
subsections 1 through 5. 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 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
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2. Any person or corporation whose negligence causes an incident to occur on any
public or private street, driveway or highway, which, for 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
1 detection devices which, due to malfunction, improper manipulation or negligent
operation, cause a needless response by the fire department to the property shall,
for a period of twelve months after written notification by the fire prevention bureau,
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 2501.18 of
this code, assigns fire department employees as standby personnel at any event, or
upon any premises, the person or corporation responsible for the event or premises
shall reimburse the fire department for all costs associated with the standby services.
(Ord. NS-637 § 2 (part), 2002)
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1 ° 17.04.090 Article 78 amended.
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Section 7801.2.1 amended-Fireworks general.
Fireworks is any combustible or explosive composition, or any substance or
combination of substances, or device prepared for the purpose of producing a visible
or an audible effect by combustion, explosion, deflagration or detonation, and shall
include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which
explosives are used, firecrackers, torpedoes, sky or model rockets, Roman candles,
Daygo bombs, sparklers, snap caps, poppers or other devices of like construction
and any devices containing any explosive or flammable compound, or any tablet or
other device containing any explosive substance. The term fireworks shall not
include any auto flares, paper caps containing not in excess of an average of twenty-
five hundredths of a grain of explosive content per cap and toy pistols, toy canes, toy
guns or other devices for use of such caps, the sale and use of which shall be
permitted at all times. Fireworks shall include snap caps and poppers, regardless of
the amount of explosive content included in each device.
Section 7801.3.1.4 amended-Displays. Section 7801.3.1.4 is hereby amended by
adding Section 7801.3.1.4.1 Firing, as follows:
Section 7801.3.1.4.1-Firing. All fireworks displays shall be electronically fired.
22 Section 7802.2 amended-Seizure of Fireworks.
The Chief shall have the authority to seize, take, or cause to be removed at the
expense of the owner of all stocks of fireworks offered or exposed for sale, stored or
held in violation of this ordinance, or remove any fireworks stored, sold, offered for
sale, used or handled in violation of Article 78.
Section 7802.3 amended-Prohibition/Penalty.
The storage, use, sale, possession, and handling of fireworks, is prohibited unless a
valid permit has been issued by the Carlsbad Fire Department. Any person violating
any of the provisions or failing to comply with any of the requirements of this chapter
shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by
a fine not to exceed One Thousand Dollars ($1000) or by imprisonment in the
County jail for a period of not more than one year or by both such fine and
imprisonment.
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Section 7802.3-A deleted-Table 7802.3A is hereby deleted without substitution.
Section 7802.4.1 amended-General.
Fireworks displays shall be conducted in accordance with Section 7802.4 and with
the regulations of the State Fire Marshal (Title 19 CCR 982), and only with a valid
permit issued by the Carlsbad Fire Department to a California State Licensed
Pyrotechnician. The conditions of the permit shall be adhered to. Applications for
permits shall be made in writing to the Carlsbad Fire Prevention Division at least
thirty (30) calendar days in advance of the date of the display. No permit granted
hereunder shall be transferable.
(Ord. NS-790§ 1,2006)
SECTION 2: That Chapter 17.04 of the Carlsbad Municipal Code is amended
by adding Sections 17.04.010 through 17.04.370 to read as follows:
17.04.010 Adopted.
17.04.020 Section 202 amended - Fire hazard.
17.04.030 Section 202 amended - High-rise building.
17.04.040 Section 202 amended - Ignition-resistant material.
17.04.050 Section 304.1.2 amended - Vegetation
17.04.060 Section 307.5.1 added - Adult supervision at open fires.
17.04.070 Section 316 added - General storage of firewood.
17.04.080 Section 503.2.1.1 added - Minimum street width in fire
hazard zones.
17.04.090 Section 503.2.1.2 added - Measurement of street width
17.04.100 Section 503.2.3 amended - Surface.
17.04.110 Section 503.2.4 amended - Turning radius.
17.04.120 Section 503.2.7 amended - Grade.
17.04.130 Section 503.3.1 amended - Marking of fire apparatus
access roads.
17.04.140 Section 503.4.1 amended - Fire access roadway design
features.
17.04.150 Section 503.6.1 amended - Gates.
17.04.160 Section 505.1 amended - Street numbers.
17.04.170 Section 505.3 amended - Easement address signs.
17.04.180 Section 505.4 amended - Map/directory.
17.04.190 Section 505.5 amended - Emergency response map
updates.
17.04.200 Section 507.3 amended - Pitfalls.
17.04.210 Section 508.3 amended - Fire flow.
17.04.220 Section 603.8 amended - Residential incinerators.
17.04. 230 Sections 903.2 amended - Automatic fire extinguishing
systems.
17.04.240 Section 903.2 amended - Exception 1 deleted.
17.04.250 Section 1418 amended - Construction fuel modification.
17.04.260 Section 2201.1.1 amended - Revised scope of sections
2205, 2206 and 2210.
17.04.270 Table 2306.2 amended - Footnote J. deleted
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17.04.280 Section 3301.1.1 added - Prohibiting storage of explosives.
17.04.290 Section 3301.1.2 added - Prohibiting the possession,
sales and use of fireworks.
17.04.300 Section 3404.2.9.5.1 amended - Restricting aboveground
storage of flammable and combustible liquids.
17.04.310 Section 3405.2.4 amended - Exception 4 deleted.
17.04.320 Section 3804.2 amended - Restricted storage liquefied
petroleum gas.
17.04.330 Section 3807.5 amended - Securing tanks to ground
17.04.340 Appendix Chapter 1 Section 101.5 amended - Validity.
17.04.350 Violations and penalties.
17.04.360 Appendix Chapter 1 Section 111.4 amended - Failure to
comply.
17.04.370 Emergency services cost recovery.
17.04.010 Adopted.
The City of Carlsbad adopts by reference the 2007 Edition of the California
Fire Code, two copies of which are on file in the office of the City Clerk, known as
California Code of Regulations, Title 24, Part 9 except for the following amendments
thereto. The City amends the provisions of the 2007 California Fire Code to include
the requirements of the 2006 Edition of the International Fire Code including
15 Appendix Chapters 1 and 4 and Appendices B, F & H as published by the
International Code Council for those occupancies not subject to the 2007 California
16 Fire Code. As adopted and amended herein, the 2007 California Fire Code
becomes the Fire Code of the City of Carlsbad.
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. Q 17.04.020 Amended. - Fire hazard.To
Section 202 of the 2007 California Fire Code is amended to add the
following:
Fire hazard is any thing 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 preventing,
suppressing or extinguishing fire or any thing 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.
17.04.030 Amended. - High-rise building.
Section 202 of the 2007 California Fire Code is amended to read as follows:
High-rise building, as used in this code:
"Existing high-rise building" means a high-rise building, the
construction of which is commenced or completed prior to July 1, 1974.
"High-rise building" means every building of any type of construction or
occupancy having floors used for human occupancy located more than 55 feet
above the lowest floor level having building access (see California Building Code,
1 Section 403.1.2), except buildings used as hospitals as defined in Health and
Safety Code Section 1250.
"New high-rise building" means a high-rise building, the construction of
which is commenced on or after July 1,1974.
17.04.040 Amended. - Ignition-resistant material.
Section 202 of the 2007 California Fire Code is amended to add the
following:
6 Ignition-resistant material is any product which, when tested in accordance
with ASTM E84 for a period of 30 minutes, shall have a flame spread of not over
25 and show no evidence of progressive combustion. In addition, the flame front
shall not progress more than 10/4 feet (3200 mm) beyond the centerline of the
burner at any time during the test.
Materials shall pass the accelerated weathering test and be identified as
Exterior type, in accordance with ASTM D 2898 and ASTM D 3201. All materials
shall bear identification showing the fire performance rating thereof. That
identification shall be issued by ICC--ES or a testing facility recognized by the
State Fire Marshal having a service for inspection of materials at the factory.
Fire-Retardant-Treated Wood or noncombustible materials as defined in
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section 202 shall satisfy the intent of this section.
The enforcing agency may use other definitions of ignition-resistant material
that reflect wildfire exposure to building materials and/or their materials
performance in resisting ignition.
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17.04.050 Amended - Vegetation.
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2007 California Fire Code Section 304.1.2 is amended to read as follows:
17 Vegetation means weeds, grass, vines or other growth that is capable of
being ignited and endangering property and shall be cut down and removed by the
owner or occupant of the premises. Vegetation clearance requirements in urban-
19 wildland interface areas shall be in accordance with City of Carlsbad standards.
17.04.060 Amended - Adult supervision at open fires.
Chapter 3 of the 2007 California Fire Code is amended to add Section
22 307.5.1 that reads as follows:
An adult must be present at all times to watch and tend outdoor fires.
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17.04.070 Amended - General storage of firewood.
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Chapter 3 of the 2007 California Fire Code is amended to add Section 316
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Firewood shall not be stored in unenclosed spaces beneath buildings or
structures, or on decks or under eaves, canopies or other projections or
overhangs. When required by the code official, storage of firewood material stored
in the defensible space shall be located a minimum of 30 feet (9 144 mm) from
structures and separated from the crown of trees by a minimum of 15 feet (4 572
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have a minimum unobstructed width of 28 feet.6
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17.05.090 Added - Measurement of Street Width.
Chapter 5 of the 2007 California Fire Code is amended to add Section
503.2.1.2 that reads as follows:
Street widths are to be measured from 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.
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Section 503.2.3 of the 2007 California Fire Code is amended to read as
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mm), measured horizontally. Firewood and combustible materials not for
consumption on the premises shall be stored so as to not pose a hazard.
Chapter 5 of the 2007 California Fire Code is amended to add Section
503.2.1.1 that reads as follows:
Public and private streets located within designated fire hazard zones shall
follows:
Fire apparatus access roads shall be designed and maintained to support
the imposed loads of fire apparatus not less than 75,000 Ibs. (unless authorized
15 by the AHJ) and shall be provided with an approved paved surface so as to
provide all-weather driving capabilities.
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17.04.110 Amended - Turning radius.
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18 Section 503.2.4 of the 2007 California Fire code is amended to read as
follows:
The inside turning radius for an access road shall be 28 feet or greater with
a five-foot back of curb clearance for bumper overhang. The outside turning radius
for an access road shall be a minimum of 46 feet Cal-Trans 407-E template is20
utilized.21
22 17.04.120 Amended - Grade.
Section 503.2.7 of the 2007 California Fire Code is amended to read as
follows:
The gradient for a fire apparatus access roadway shall not exceed 10.0% (5.7
degrees). The grade may be increased to a maximum of 15% (8.5 degrees) for
25 approved lengths of access roadways, when all structures served by the access
26 road are protected by automatic fire sprinkler systems. Cross slope shall not be
greater than 2% for paved access roadways. Grades exceeding 10.0% (incline or
27 decline) shall not be permitted without mitigation. Minimal mitigation shall be the
installation of fire sprinkler systems and a surface of Portland cement concrete
28 (PCC), with a deep broom finish perpendicular to the direction of travel, or
equivalent, to enhance traction. The Fire Code Official may require additional
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approved by the Fire Code Official.
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17.04.130 Amended - Marking of fire apparatus roads.
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Section 503.1 of the 2007 California Fire Code is amended to read as follows:
5 When required by the Fire Code Official, one or more of the following
methods shall be used to identify fire apparatus access roads and prohibit their
obstruction:
The entire length of the road shall be marked by approval signs posted at
intervals no greater than one hundred feet, which identify the road as a "Fire lane"
and state the prohibition of parking therein. The sign shall also warn that vehicles in
violation are subject to citation or removal. Such signs shall be posted in a
permanent manner at a height no greater than nine feet and no less than seven feet;
Standard curbs bordering fire access roads shall have the words "NO
PARKING FIRE LANE" painted upon their horizontal and vertical surfaces at
intervals of not more than twenty-five feet. Letters shall be of block style, minimum
five (5) inches in height with a stroke of not less than % inch, and shall be white on a
red background. The background shall extend at least six inches beyond the first
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mitigation measures where he deems appropriate. The angle of departure and angle
of approach of a fire access roadway shall not exceed 12% (7 degrees) or as
and last letters of the text; or,
A monument type sign may be placed at the entrance to a private street which
provides information as stated in sub-section 1, with additional wording necessary to
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the Police Department and the Fire Marshal prior to installation.
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17.04.140 Amended - Fire access roadway design features.
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Chapter 5 of the 2007 California Fire Code is amended to add Section
503.4.1 that reads as follows:
Roadway design features (speed bumps, speed humps, speed control dips,
etc.) which may interfere with emergency apparatus responses shall not be
installed on fire access roadways, unless they meet design criteria approved by20 i
the Fire Code Official.
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22 17.04.150 Amended-Gates.
Chapter 5 of the 2007 California Fire Code is amended to add Section
503.6.1 that reads as follows:
All gates or other structures or devices which could obstruct fire access
roadways or otherwise hinder emergency operations are prohibited unless they
meet standards approved by the Fire Code Official, and receive specific plan
approval.
All automatic gates across fire access roadways and driveways shall be
equipped with approved emergency key-operated switches overriding all
command functions and opening the gate(s). Gates accessing more than four
residences or residential lots, or gates accessing hazardous institutional,
educational or assembly occupancy group structures, shall also be equipped with
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1 approved emergency traffic control-activating strobe light sensor(s), or other
devices approved by the Fire Code Official, which will activate the gate on the
approach of emergency apparatus with a battery back-up or manual mechanical
disconnect in case of power failure.
All automatic gates must meet fire department policies deemed necessary
by the Fire Code Official for rapid, reliable access.
Automatic gates serving more than one dwelling or residential lot in
existence at the time of adoption of this Ordinance are required to install an
approved emergency key-operated switch, or other mechanism approved by the
6 Fire Code Official, at an approved location, which overrides all command functions
and opens the gate(s). Property owners must comply with this requirement within
90 days of written notice to comply.
Where this section requires an approved key-operated switch, it shall be
dual keyed or dual switches provided to facilitate access by law enforcement
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1 ° 17.04.160 Amended - Street numbers.
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personnel.
Section 505.1 of the 2007 California Fire Code is amended to read as
follows:
Approved numbers and/or addresses shall be placed on 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: 4" high with a 3/8" stroke for residential
buildings, 6" high with a W' stroke for commercial and multi-residential buildings,
12" high with a 1" stroke for industrial buildings. Additional numbers shall be
required where deemed necessary by the Fire Code Official, such as rear access
doors, building corners, and entrances to commercial centers. The Fire Code
Official may establish different minimum sizes for numbers for various categories
of projects.
Multi-unit buildings suite/apartment numbers shall be placed on or adjacent
to the primary entrance for each suite/apartment and any other door providing
access to fire department personnel during an emergency. Multiple residential and
commercial units having entrance doors not visible from the street or road shall, in
addition, have approved numbers grouped for all units within each structure and
positioned to be plainly visible from the street or road.
Multi-building clusters approved numbers or addresses shall be placed on
the front elevation(s) of all buildings that form the cluster.
17.04.170 Amended - Easement address signs.
Chapter 5 of the 2007 California Fire Code is amended to add Section
505.3 that reads 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
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four inches in height with a minimum stroke of 3/8", and shall contrast with the
background.
17.04.180 Amended - Map/directory.
Chapter 5 of the 2007 California Fire Code is amended to add Section 505.4
that reads 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
17.04.190 Amended - Response map updates.
Chapter 5 of the 2007 California Fire Code is amended to add Section
505.5 that reads 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 shall be charged a reasonable fee for updating
the City emergency response maps.
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17.04.200 Amended - Pitfalls.
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Section 507.3 of the 2007 California Fire Code is amended to read as
follows:
-15 Pitfalls, the California Penal Code shall be used for penalties for violations
of this section.
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17.04.210 Amended - Fire flow.
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Section 508.3 of the 2007 California Fire Code is amended to read as
follows:
Fire flows shall be based on Appendix B of the 2007 California Fire Code.
Consideration should be given to increasing the gallons per minute set forth in
Appendix B to protect structures of extremely large square footage and for such
reasons as: poor access roads; grade and canyon rims; hazardous brush; and
response times greater than five minutes by a recognized fire department or fire
suppression company.
In hazardous fire areas as defined in Appendix B, the main capacity for new
subdivisions shall not be less than 2,500 gallons per minute, unless otherwise
approved by the Fire Code Official.
If fire flow increases are not feasible, the Fire Code Official may require
alternative design standards such as: alternative types of construction providing a
25 higher level of fire resistance; fuel break requirements which could include
26 required irrigation; modified access road requirements; specified setback
distances for building sites addressing canyon rim developments and hazardous
27 brush areas; and other requirements authorized by the Carlsbad Municipal Code
and as specified by the Fire Code Official.
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17.04.220 Amended - Residential incinerators.
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3 17.04.230 Amended - Automatic fire extinguishing systems.
2007 California Fire Code Section 903.2 is amended to read as follows:
When required by the Carlsbad Municipal Code, an approved automatic
sprinkler system in new building and structures shall be provided in the locations
described in this section. For the purpose of fire-sprinkler systems, buildings
6 separated by less than ten (10) feet from adjacent buildings shall be considered as
one building. Fire barriers, partitions and walls, regardless of rating, shall not be
considered as creating separate buildings for purposes of determining fire sprinkler
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8 requirements. Mezzanines shall be included in the total square footage calculation.
Excluding detached R-3 occupancies, in buildings two or more stories in
height, an automatic fire extinguishing system shall be installed in those areas which
lie below the lowest elevation of Fire Department vehicular access. The access
elevation shall be determined by the Fire Code Official.
Other provisions of this section notwithstanding, all buildings hereinafter
constructed in which the aggregate floor area exceeds five-thousand (5,000) square
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2007 California Fire Code Section 603.8 is amended to read as follows:
Residential incinerators shall be prohibited.
feet shall be protected throughout by an approved automatic fire sprinkler system.
Other provisions of this section notwithstanding, all existing buildings in which
the aggregate floor area is expanded to exceed five-thousand (5,000) square feet
shall be protected throughout by an approved automatic fire sprinkler system.
For detached R-3 occupancies automatic fire-extinguishing systems shall
be required when any of the following conditions are met:
1. The gradient for access roads and driveways exceed 10%.
2. Private streets and driveways serving more than 3 dwellings and/or
exceed 150 feet in length.
3. Private streets or driveways less than 24 feet in width.
4. The center or the furthest most wall or projection of the dwelling exceeds
150 feet from the centerline of the nearest Fire Department access. (This distance
is measured along a path that simulates the route a firefighter may take to access
all portions of the exterior of a structure from the nearest public road or fire access
road.)
17.04.240 Amended - Exception 1.
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2007 California Fire Code, section 903.2, Exception 1 is deleted in its entirety.
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17.04.250 Amended - Construction fuel modification.
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Chapter 14 of the 2007 California Fire Code is amended to add Section
25 1418 that reads as follows:
Combustible vegetation fuel modification at construction sites shall be
maintained prior to combustibles building materials arriving on site.
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17.04.260 Amended - Revised scope of Chapter 22, sections 2205,
2206 and 2210.
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9 Storage of explosives (as defined in California Code of Regulations Title 19,
Chapter 10, Subchapter 2, Section 1559.5) are prohibited within the city limits.
M 17.04.290 Amended - Prohibiting the possession, sales and use of
fireworks.
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2007 California Fire Code is amended to add Section 3301.1.2 that reads as
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Chapter 22 of the 2007 California Fire Code is amended to add Section
2201.1.1 that reads as follows:
When provisions are made for Class IMA liquids in Sections 2205, 2206 and
2210, the provisions shall apply to all Class III liquids.
17.04.270 Amended - Table 2306.2 Footnote J.
2007 California Fire Code Table 2306.2 is amended to delete footnote J of
17.04.280 Amended - Prohibiting storage of explosives.
2007 California Fire Code is amended to add Section 3301.1.1 that reads as
follows:
follows:
The possession, sale, use and or storage of all types of fireworks are
prohibited within the city limits. This includes those fireworks classified as "novelty"
fireworks (e.g., snap caps and poppers) by the California State Fire Marshal.
This section does not apply to public fireworks displays permitted by the Fire
Code Official conducted by properly licensed persons meeting the requirements of
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Title 19 California Code of Regulations, Chapter 6 - Fireworks.
18 17.04.300 Amended - Prohibited/Restricted locations for the storage of
flammable and combustible liquids in above-ground tanks.
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Section 3404.2.9.5.1 of the 2007 California Fire Code is amended to read as
follows:
The storage of Class I and Class II liquids in aboveground tanks located
outside of a building is prohibited within the City limits.
Exceptions: (1) Farms, rural areas and construction sites as provided in
Section 3406.2 of the 2007 California Fire Code. (2) With the written approval from
the Fire Code Official, Class I and Class II liquids may be stored in aboveground
tanks outside of a building in specifically designed approved and listed tanks, having
features incorporated into its design which mitigate concerns for exposure to heat,
ignition sources and mechanical damage. Tanks must be installed and used in
25 accordance with its listing, and provisions must be made for leak and spill
containment. Maximum storage in approved and listed tanks on or at any site shall
not exceed 550 gallons for Class I or 1100 gallons for Class II liquids. The Fire Code
Official may disapprove the installation or continued use of such aboveground tanks
when, in the Fire Code Official's opinion, the aboveground tanks presents an
unacceptable risk to life, the environment or property. No person or entity shall store
Class I or Class II liquids in aboveground storage tanks on residential property.
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Section 3405.2.4 of the 2007 California Fire Code is amended to delete
17.04.310 Amended - Class I, II & III liquids.
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petroleum gas (LPG).
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on any single parcel, shall not exceed 2,000 gallons (7571L) water capacity,g
17.04.330 Amended - Securing tanks to ground (LPG).
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Notwithstanding, the Fire Code Official may allow an increase in the maximum
storage volume when it is found that such an increase serves public safety interests.
Exception 4 in its entirety.
17.04.320 Amended - Maximum capacity for storage of liquefied
Section 3804.2 of the 2007 California Fire Code is amended to read as
follows:
Within the city limits, the combined aggregate capacity of all LPG-gas storage,
Chapter 38 of the 2007 California Fire Code is amended to add Section
3807.5 that reads as follows:
LPG Tanks with a water capacity of 125 gallons or larger shall be
secured to the ground to prevent the tank from rolling or moving. The
method of securing the tank to the ground must meet the requirements
contained in the 2007 California Fire Code for securing aboveground
hazardous materials storage tanks in seismic zone 4. "Wet stamped"
engineering documents from a California licensed Professional Engineer
are required.
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17.04.340 Amended - Validity.
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18 Appendix to Chapter 1, Section 101.5 of the 2007 California Fire
Code is amended to read as follows:
The City Council of the City of Carlsbad hereby declares that should any
section, paragraph, sentence or word of this Ordinance 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
Ordinance independently of the elimination here from of any such portion as may
22 be declared invalid.
23 17.04.350 Amended - Violation penalties.
24 Appendix to Chapter 1, Section 109.3 of the 2007 California Fire Code is
amended to read as follows:
25 Any person who shall violate any of the provisions of this code or standards
hereby adopted or fail to comply therewith, or who shall violate or fail to comply
with any order made thereunder, or who shall build in violation of any detailed
statement or specification or plans submitted and approved thereunder, or any
certificate or permit issued thereunder, and from which no timely appeal has been
taken, or who shall fail to comply with such an order as affirmed or modified by the
City Attorney of the City of Carlsbad or by a court of competent jurisdiction within
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enforced removal of prohibited conditions.
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17.04.360 Amended - Failure to comply.
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than $250.00 dollars or more than $1,000 dollars.12
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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 (6)
months, or both. The imposition of one penalty of 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
Appendix to Chapter 1, Section 111.4 of the 2007 California Fire Code is
amended to read as follows:
Any person, who shall continue any work having been served with a
stop work order, except such work as that the person is directed to perform
to remove a violation or unsafe condition, shall be liable to a fine of not less
17.04.370 Amended - Recovery of costs associated with certain
emergency services provided by the City of Carlsbad Fire Department.
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The City shall be entitled to recover the cost of emergency services as
15 described in sub-sections 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
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.
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
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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 12 months after written notification by the Fire
Prevention Bureau, 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 this environment, shall be liable for the costs associated with the delivery
of those services.
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5. When, the interest of public safety, the Fire Chief, pursuant to Section
2501.18 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.
EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption of this ordinance and cause it
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 18tb day of December , 2007, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the 8tb day of January , 2008, by the following
vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
R. BALLTCity Attorney
ATTEST:
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