[Ord. #229, S1]
There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the fire prevention code recommended by the American Insurance Association, being particularly the 1065 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended (by subsection 16-1.7) of which code not less than three copies have been and now are filed in the office of the city clerk and the same are hereby adopted, and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect (May 24, 1966), the provisions thereof shall be controlling within the limits of the city.
Editor's Note: See Chapter 8, Building and Housing, for adoption of the California Fire Code, 2022 Edition, (Part 9 of Title 24 of the California Code of Regulations), based on the 2021 International Building Code as published by the International Code Council, together with Appendices, Chapters and subsequent additions and editions thereto. [Ord. No. 22-04 adopted 12-5-2022]
[Ord. #229, S2]
a.
The fire prevention code shall be enforced by the bureau of fire
prevention in the fire department of the city which is hereby established
and which shall be operated under the supervision of the chief of
the fire department.
b.
The chief in charge of the bureau of fire prevention shall be appointed
by the city council by resolution.
c.
The chief of the fire department may detail such members of the fire
department as inspectors as shall be necessary. The chief of the fire
department shall recommend to the city council the employment of technical
inspectors.
d.
A report of the bureau of fire prevention shall be made annually
and transmitted to the chief executive officer of the city; it shall
contain all proceedings under this code, with such statistics as the
chief of the fire department may wish to include therein; the chief
of the fire department shall also recommend any amendments to the
code, which, in his judgment, shall be desirable.
[Ord. #229, S3]
As used in this section.
[Ord. #229, S4]
The limits referred to in section 12.5 of the fire prevention
code in which storage of explosives and blasting agents is prohibited,
are hereby established as follows: Within the City of Firebaugh.
[Ord. #229, S5]
a.
The limits referred to in section 16.22a of the fire prevention code
in which storage of flammable liquids in outside aboveground tanks
is prohibited, are hereby established as follows: All areas of the
City of Firebaugh, except M-1 Zones.
b.
The limits referred to in section 16.51 of the fire prevention code,
in which new bulk plants for flammable or combustible liquids are
prohibited, are hereby established as follows: All areas of the City
of Firebaugh, except M-1 Zones.
[Ord. #229, S6]
The limits referred to in section 21.6a of the fire prevention
code, in which bulk storage of liquefied petroleum gas is restricted,
are hereby established as follows: All areas of the City of Firebaugh,
except M-1 Zones.
[Ord. #229, S7]
The chief of the bureau of fire prevention shall have power
to modify any of the provisions of the fire prevention code upon application
in writing by the owner or lessee, or his duly authorized agent, when
there are practical difficulties in the way of carrying out the strict
letter of the code, provided that the spirit of the code shall be
observed, public safety secured, and substantial justice done. The
particulars of such modification when granted or allowed and the decision
of the chief of the bureau of fire prevention thereon shall be entered
upon the records of the department and a signed copy shall be furnished
the applicant.
[Ord. #229, S8]
Whenever the chief of the fire department shall disapprove an
application or refuse to grant a permit applied for, or when it is
claimed that the provisions of the code do not apply or that the true
intent and meaning of the code have been misconstrued or wrongly interpreted,
the applicant may appeal from the decision of the chief of the fire
department to the city council within 30 days from the date of the
decision appealed.
[Ord. #229, S9]
The city administrator, the chief of the fire department and
the chief of the bureau of fire prevention shall act as a committee
to determine and specify, after giving affected person an opportunity
to be heard, any new material processes occupancies which shall require
permits, in addition to those now enumerated in said code. The chief
of the bureau of fire prevention shall post such list in a conspicuous
place in his office, and distribute copies thereof to interested persons.
[Ord. #229, S10]
a.
Any person who shall violate any of the provisions of the code 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 of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be liable to the penalty, after conviction, as stated in Chapter 1, section 1.5. 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 10 days that prohibited conditions are maintained shall constitute a separate offense.
b.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
[Ord. #177, S2]
There shall exist one fire zone which will be and whose boundaries
shall coincide with those of the corporate limits of the City of Firebaugh.
[Ord. #205, S2]
There is established a secondary fire zone which shall consist
of all areas outside of the corporate limits of the City of Firebaugh
for which there is a mutual aid agreement in effect with the Mid-Valley
Fire District.
[Ord. #185, S1]
As used in this section.
a.
FLAMMABLE LIQUID – shall mean any liquid having a flash point
(closed cup test) a below 200° F. and a vapor pressure not exceeding
26 pounds per square inch gauge at a temperature of 100° F.
b.
CLOSED CONTAINER – shall mean a container so sealed by means
of a lid or other device that neither liquid nor vapor will escape
from it at ordinary temperatures.
[Ord. #185, S2]
It shall be unlawful for any person, firm, association, syndicate,
partnership, corporation, trust or any other legal entity, as a principal,
agent or otherwise to store, keep, place upon, under or within property
within the area zoned for residential purposes within the city any
flammable liquid.
[Ord. #185, S3]
This section shall not apply to the following:
[Ord. #185, S4]
The storing, keeping, placing upon, under or within property
any flammable liquid in violation of the provisions of this section
is hereby declared to constitute a public nuisance and a menace to
public safety and welfare. Such nuisance may be abated or enjoined
in any action brought for that purpose, or it may be summarily abated
in the manner provided by law for the summary abatement of public
nuisance endangering public safety and welfare.
[Ord. #185, S5]
Any person, or any other legal entity violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to the penalty stated in Chapter 1, section 1-5; except that nothing herein contained shall be deemed to bar any legal, equitable, or summary remedy to which the city, or any person, firm, corporation or partnership may otherwise be entitled, and the city, or any person, firm, corporation or partnership may file suit in the Superior Court of the County of Fresno to restrain or enjoin any attempted or proposed violation of this section. Each such person, firm, association, syndicate, corporation, partnership, trust or other legal entity shall be deemed guilty of a separate offense for every day during any portion of which any violation of any of the provisions of this section is committed, continued, or permitted by such aforesaid entities and shall be punishable therefor as provided by this section.
[Ord. #142, S1]
It shall be unlawful for the owner or occupant of any lot or
premise to maintain hereon any rubbish or combustible material likely
to become ignited. It shall be unlawful for any person to place, deposit
or leave any tin cans or other rubbish on any property owned or controlled
by such person or persons.
[Ord. #142, S2]
All weeds, grass, vines or any other growth, when they endanger
property or are liable to be fired, shall be cut down and removed
by the owner or occupant of such property.
[Ord. #240, S1]
It shall be unlawful for any person to burn outdoors in the
city any type of matter whether it be in an incinerator, can, container,
or otherwise.
[Ord. #240, S2]
This section does not prohibit outdoor cooking of food in the
city.
[Ord. #240, S3; Ord. #98-5, S3]
Except as may be approved in writing by the director of public works for a commercial establishment, industrial establishment or multiple family units under paragraph b of subsection 13-2.7, it shall be unlawful for any person to place any kind of trash, rubbish, garbage or refuse in the alleys of the city, whether or not such matter is in a receptacle or container.
[Ord. #240, S4]
Any person or other legal entity wishing to burn outdoors in the city any type of matter in contravention of subsection 16-5.1,4, may do so only if they have first applied for in writing, and received, a written permit from the chief of the fire department.
a.
Application for permit. The applicant for a permit shall first submit
a written request to the chief of the fire department which shall
contain the following information:
1.
The name and address of the applicant;
2.
The type of matter the applicant wishes to burn outdoors;
3.
The date, time, and location where the applicant wishes to burn outdoors;
4.
The reason or reasons why the applicant wishes to burn outdoors;
5.
The manner by which the applicant proposes to protect the public
from fire, smoke, and noxious odors.
b.
Permit. Within 24 hours after receipt of the written application
the chief of the fire department of the city shall, in his discretion,
in writing, deny the permit, or issue the permit, or issue the permit
with written conditions. In exercising his discretion, the chief shall
be guided by the necessity for the burning and the precautions to
be taken to protect the public from the fire, smoke, and noxious odors.
c.
If the chief denies the permit, or issues the permit with conditions,
and the applicant wishes to appeal the chief's decision, the applicant
shall file with the city clerk within five days from the date of denial,
or the approval of the permit with conditions, a copy of application
and a copy of the denial, or the approval with conditions. The city
council shall then hear the matter at its next regular meeting and
sit as a board of review. The city council can then deny the permit,
approve the permit with conditions, or grant the permit.
[Ord. #240, S5]
Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be liable to the penalty stated in Chapter 1, section 1.5.
[Ord. #240, S6]
Nothing contained in this section shall be deemed to bear any
legal, equitable, or summary remedy to which the city or any person,
or legal entity may otherwise be entitled.
[Ord. #250, S1]
Any permit granted to burn outdoors pursuant to this section is a revocable license. It may be revoked at any time by the chief of the fire department of the city when it reasonably appears to him that the licensee is violating the conditions of the burning permit that has been granted to the licensee, or that there has been a change of circumstance since the issuing of the license so that the exercise of the license constitutes a hazard to the health and welfare of the citizens of this city. In any event, any burning permit granted for a residential purpose shall automatically expire at the end of 30 days; and any such permit for a commercial or industrial purpose shall automatically expire at the end of 180 days. If a licensee desires another permit after the automatic expiration of the licensee's existing permit the licensee must apply for a permit pursuant to subsection 16-5.4. If the chief of the fire department of the city revokes a license pursuant to this section then the licensee may appeal within five days from the date of the revocation pursuant to subsection 16-5.4 and the decision of the city council shall be final.
[Ord. #240, S8]
The forgery or falsification, misuse, or failure to abide by the conditions in any burning permit of the type provided for in this section shall constitute a misdemeanor and any person or entity convicted under this section shall be punishable by a fine not to exceed the penalty as established in Chapter 1, section 1-5.
