Except as hereafter changed or modified, the California Fire Code, 2022 Edition, including Appendix Chapter 4, and Appendices A, B, BB, C, CC, D, E, F, G, I, K and Division II Administration as published by the International Code Council, are adopted by reference and incorporated in this Chapter
16.55 as if fully set forth herein, and shall be known and referred to as the fire code of the county. A copy of said fire code, together with all adopted appendices, shall be kept and maintained in the office of the Stanislaus County Fire Prevention Division, 1010 Tenth Street Place, Modesto California, for use and examination by the public. References in forms, documents and regulations to the formerly adopted Chapter
16.55 of the Stanislaus County Code, shall be construed to apply to the most current and adopted corresponding provisions contained within the Stanislaus County Code as set forth herein below.
(Ord. CS 1174 §1, 2016; Ord. CS 1259 §1, 2019; Ord. CS 1338 §1, 2022)
The following sections of the 2022 California Fire Code are
hereby amended, deleted, and added as follows:
1. Section
105.6.15 of the 2022 California Fire Code is hereby deleted.
Permit Required for Certain Operations
2. Section
112.3.2.1 of the 2022 California Fire Code is amended to read as follows:
Compliance with Orders and Notices
It shall be unlawful for any person to violate any provision
or to fail to comply with any of the requirements of this chapter.
A violation of any of the provisions or failing to comply with any
of the mandatory requirements of this chapter shall constitute a misdemeanor;
except that notwithstanding any other provision of this code, any
such violation constituting a misdemeanor under this code may, in
the discretion of the Stanislaus County District Attorney, be charged
and prosecuted as an infraction. Any person convicted of a misdemeanor
under the provisions of this chapter, unless provision is otherwise
herein made, shall be punishable by a fine of not more than $1,000
or by imprisonment in the county jail for a period of not more than
six months or by both fine and imprisonment. Any person convicted
of an infraction under the provisions of this code, unless provision
is otherwise herein made, shall be punishable by a fine only as follows:
Upon a first conviction, by a fine of not exceeding $250 and for a
second conviction or any subsequent conviction within a period of
one year, by a fine of not exceeding $500. Each such person shall
be charged with a separate offense for each and every day during any
portion of which any violation of any provision of this code is committed,
continued or permitted by such person and shall, upon conviction,
be punished accordingly.
3. Section
112.4 of the 2022 California Fire Code is hereby amended to read as
follows:
Violation Penalties
Persons who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect,
install, alter, repair or do work in violation of the approved construction
documents or directives of the Fire Code Official, or of a permit
of certificate used under provisions of this code, shall be guilty
of a misdemeanor, punishable by a fine of not more than $1,000 dollars
or by imprisonment not exceeding 180 days, or both such fine and imprisonment.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
4. Section
113.4 of the 2022 California Fire Code is hereby amended to read as
follows:
Failure to Comply
Any person who shall continue any work after 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 liable
to a fine of not less than $500 dollars or more than $1,000 dollars.
5. Section
307.2 is hereby added to the 2022 California Fire Code to read as
follows:
Permitted Open Burning
No person shall kindle, conduct, or maintain any burning of
grass, weeds, agricultural trimmings, or other combustibles or authorize
any such fire to be kindled, conducted, or maintained without a permit
as required by the San Joaquin Valley Unified Air Pollution Control
District and in compliance with all safeguards pursuant thereto. Any
such permitted burning shall be restricted to agricultural purposes
and confined to areas of the County in which agricultural uses are
lawful.
6. Section
312.2 of the 2022 California Fire Code is hereby amended to read as
follows:
Vehicle Impact Protection
Guard posts or other approved means shall be provided to protect
storage tanks and connected piping, valves and fittings; dispensing
areas; and use areas subject to vehicular damage.
When guard posts are installed, the posts shall be:
1.
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Constructed of steel not less than six inches in diameter and
concrete filled,
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2.
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Spaced not more than three feet between posts on center,
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3.
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Set not less than three feet deep in a concrete footing of not
less than a 15 inch diameter,
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4.
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Set with the top of the posts not less than three feet above
ground, and
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5.
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Located not less than five feet from the tank.
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Exception: Protected above ground tanks
meeting the U.L. 2085 standards, including vehicle impact protection,
may have the Vehicle Impact Protection Section 312.2 waived if in
the opinion of the fire code official that the incorporated protection
will provide adequate vehicle impact protection.
7. Section
506.3 of the 2022 California Fire Code is hereby added as follows:
Key Boxes
When required by the Fire Chief, an approved key box, sized
to contain emergency information, shall be provided.
8. Section
507.3.1 of the 2022 California Fire Code is hereby added to read as
follows:
Water Supply for Pallets
Pallet yards. Fire protection water supply for pallets shall
be in accordance with Section 2809.5.
9. Section
507.5.1 of the 2022 California Fire Code is hereby amended to read
as follows:
Required Water Supply and Fire Hydrants
An approved water supply capable of supplying the required fire
flow for fire protection shall be provided to premises upon which
facilities, buildings or portions of buildings are hereafter constructed
or moved into or within the jurisdiction. When any portion of the
facility or building protected is in excess of 150 feet from a water
supply on a public street, as measured by an approved route around
the exterior of the facility or building, on-site fire hydrants and
mains capable of supplying the required fire flow shall be provided
when required by the fire code official. Fire hydrants shall be located
on the supply side of the fire suppression system check valve. Fire
hydrants shall be accessible to the Fire Department apparatus by roads
meeting the requirements of Section 503.1.2.
10. Section
907.1.6 of the 2022 California Fire Code is hereby amended by adding
the following:
False Alarms
No person shall give, signal, or transmit a false alarm, or
cause or permit a false alarm to be given, signaled or transmitted.
The County may adopt by resolution reasonable fees to recover the
costs associated with responses to building or structures that have
excessive false alarms.
11. Section
907.2 of the 2022 California Fire Code is hereby amended by adding
the following:
Fire Alarm Systems
A certificate from Underwriters Laboratories (UL), or similarly
reputable entity, shall be required on all commercial fire alarm systems
installed after the effective date of this ordinance. UL certification
is required to be maintained for commercial fire alarm systems throughout
the life of the alarmed building.
12. Section
907.2.1.4 is hereby added to the 2022 California Fire Code to read
as follows:
Supervision and Communication System
Supervision. Places of assembly shall be under the constant
supervision of a competent adult on the premises during the time that
the premises are open to the public.
Communications. When required by the Fire Chief, places of assembly
shall be provided with a method for notifying the fire department
in the event of an emergency. Such method can consist of a telephone,
an alarm system connected to the fire department or other approved
agency, or other approved means. Methods of notifying the fire department
shall be readily available to the public.
13. Section
1010.2.16 is hereby added to the 2022 California Fire Code to read
as follows:
Special Latching Devices
An exit door from a business which has as its primary commercial
activity the sale, resale, exchange, or trade of gold or silver coin,
bullion, or metal ore may be equipped with a locking mechanism which
is not able to open from inside without the use of a key or which
requires special knowledge or effort so long as all of the following
conditions are met during all times that the business is open to the
public:
1.
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The locking mechanism is connected to a smoke detector system
in such a manner that activation or malfunction of the smoke detector
system results in automatically unlocking the exit door;
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2.
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The locking mechanism is connected to the electrical power supply
for the building in such a manner that any loss of electrical power
to the building results in automatically unlocking the exit door;
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3.
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Two employees must be within the area of the premises used for
retail purposes, including adjacent service and utility rooms, at
all times; and
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4.
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A sign is permanently posted upon the premises so as to be readily
seen by any person or persons entering the business stating that the
management electronically controls ingress and egress.
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14. Section
2810 of the 2022 California Fire Code is hereby amended by adding
the following:
Outdoor Storage of Pallets
2810.12 Additional Requirements for Outdoor Storage of Pallets
1.
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2.
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Piles shall be a minimum of 25 feet from a structure.
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3.
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Piles shall not be located within 10 feet of a property line.
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4.
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The maximum dimensions of a pile shall not exceed 20 feet by
70 feet.
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5.
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There shall be 10 feet of aisle ways between piles.
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6.
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Piles shall be placed in grids not to exceed 140 feet by 150
feet.
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7.
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Each grid shall be separated by an approved fire apparatus access
road.
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8.
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Permanent pallet storage areas shall be surrounded by an approved
fence. Fences shall a minimum of six feet in height above grade.
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9.
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Pile height shall not exceed twenty (20′) feet.
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Note: Pallets shall not obstruct fire apparatus roadways
or access to water supplies.
15. Section
5003.3.1.4 of the 2022 California Fire Code is hereby amended to read
as follows:
Responsibility for Cleanup
5003.3.1.5 The person, firm or corporation responsible for an
unauthorized discharge shall institute and complete all actions necessary
to remedy the effects of such unauthorized discharge, whether sudden
or gradual, at no cost to the jurisdiction. When deemed necessary
by the Fire Chief, cleanup may be initiated by the Fire Department
or by an authorized individual or firm. Costs associated with such
cleanup shall be born by the owner, operator or other person responsible
for the unauthorized discharge. The remedy provided by this section
shall be in addition to any other remedies provided by law. For purposes
of this section, costs incurred by the County shall include, but shall
not necessarily be limited to, the following: actual labor costs of
County personnel, including workers compensation benefits, fringe
benefits, administrative overhead; cost of equipment operation; cost
of materials obtained directly by the County; and cost of any contract
labor and materials. The authority to recover costs under this section
shall not include actual fire suppression services that are normally
or usually provided by the Fire Department.
16. Section
5704.2.10.6 is hereby added to the 2022 California Fire Code to read
as follows:
Protected Aboveground Tanks
Protected aboveground tanks and connected piping shall be maintained
in a safe operating condition. Protected aboveground tanks shall be
maintained in accordance with their listings. Damage to protected
aboveground tanks shall be repaired using material having equal or
greater strength and fire resistance or the protected aboveground
tank shall be replaced or taken out of service.
17. Section
5704.2.9.6.1 of the 2022 California Fire Code is hereby amended to
read as follows:
Locations Where Aboveground Tanks are Prohibited
Storage of Class I and II liquids in aboveground tanks outside
of buildings is prohibited, with the exception of protected tanks
designed, installed and maintained in accordance with the 2022 California
Fire Code.
Exceptions:
1.
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The provisions of this section shall not apply to facilities
for the production, generation, or transmission of electric energy
that provides power to entities furnishing retail electrical services
to the general public within Stanislaus County.
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2.
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Tanks for private use at farms and construction sites complying
with 2022 California Fire Code Section 5706.2.
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18. Section
5705.3.3 of the 2022 California Fire Code is hereby amended to read
as follows:
Heating Lighting and Cooking Appliances
Heating, lighting and cooking appliances which utilize Class
I, Class II, and Class III liquids shall not be operated within a
building or structure.
Exception: Operation in single-family dwellings.
19. Section
5705.3.5.2 paragraph 7 of the 2022 California Fire Code is hereby
amended by adding subparagraph 7.1 to read as follows:
Manufacture of Biodiesel at Residential Occupancies
7.1 The manufacture of biodiesel is prohibited in Residential
Occupancies and in U Occupancies associated with Residential Occupancies.
20. Section
5705.3.5.2 paragraph 7 of the 2022 California Fire Code is hereby
amended by adding subparagraph 7.2 to read as follows:
Manufacture of Ethanol at Residential Occupancies
7.2 The manufacture of ethanol is prohibited in Residential
Occupancies and in U Occupancies associated with Residential Occupancies.
21. Section
5706.4 of the 2022 California Fire Code is hereby amended by adding
the following:
Bulk Plants or Terminals
The construction of new bulk plants for storage of flammable
or combustible liquids is restricted to areas of Stanislaus County
zoned Heavy Industrial Zones. All existing nonconforming bulk plants
for storage of flammable or combustible liquids, which substantially
comply with the requirements of this Code, may be continued in use
if the Fire Chief grants a permit.
22. Section
5706.5.1.1.1 of the 2022 California Fire Code is hereby amended by
adding the following:
Tank Vehicles and Tank Cars
5706.5.1.1 Tank Vehicle and Tank Cars. Tank vehicles and tank
cars shall be unloaded as soon as possible after arrival at point
of delivery and shall not be used as storage tanks. Unless otherwise
approved, a tank car shall not be allowed to remain on a siding at
the point of delivery for more than 24 hours while connected for transfer
operations.
23. Section
6101.2 of the 2022 California Fire Code is hereby amended to read
as follows:
LPG Permits
Permits shall be required as set forth in Sections 105.5 and
105.6. Distributors shall not fill an LP-gas container for which a
permit is required unless the fire code official has issued a permit
for installation for that location.
Exceptions:
1.
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Containers not exceeding five gallon water capacity, used for
barbecue cooking, when used and stored outside of buildings.
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2.
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Approved containers not exceeding 16.4 ounces when displayed
for sale in mercantile occupancies.
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3.
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Factory installed containers for recreational vehicles not exceeding
10 gallon water capacity.
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4.
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Factory installed tanks that are permanently attached to recreational
vehicles.
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24. Section
6104.2 of the 2022 California Fire Code is hereby amended to read
as follows:
Maximum Capacity within Established Limits
6104.2 Maximum Capacity within Established Limits. The outside
storage of liquefied petroleum gas (LP-gas) shall conform to the provisions
of Stanislaus County zoning ordinances. The outside storage and use
of liquefied petroleum gases is restricted as specified in this section:
1.
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Storage and dispensing of LP-gas for resale purposes, into approved
containers and vehicles, is restricted to those areas of Stanislaus
County zoned as Commercial-Light Industrial, Heavy Industrial, and,
in addition thereto, to other commercially zoned properties used as
automotive service stations. Only qualified persons shall perform
dispensing.
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2.
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Dispensing of LP-gas for private use is restricted to those zones identified in subsection 1, and when approved by the Fire Chief, may be permitted in those areas of the Stanislaus County zoned General Commercial. Only qualified persons shall perform dispensing.
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3.
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For cooking, lighting, or heating in a building, only on a property
that does not have natural gas service existing on a boundary line
of said property or when prohibition of such storage would cause undue
hardship.
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4.
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For temporary use on construction sites, when authorized by
the Fire Chief.
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5.
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For use as an alternative fuel supply for an emergency standby
generator, when authorized by the Fire Chief.
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6.
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For use with certain mobile vending and certain commercial barbecue
equipment and other specific uses when authorized by the Fire Chief.
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7.
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For use by Artisans in pursuit of their trade, when authorized
by the Fire Chief.
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8.
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Storage of portable containers awaiting exchange may be permitted
in commercially zoned areas of the Stanislaus County, including those
zoned Neighborhood Commercial, when approved by the Fire Chief and
stored in accordance with Section 6109. Such storage shall be located
a minimum of 20 feet from any fuel dispenser.
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9.
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Containers that exceed 2,000 gallons shall comply with procedure
FPB 82-01.
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(Ord. CS 625 §13, 1996; Ord. CS 649 §2, 1997; Ord. CS 969 §2, 2006; Ord. CS 1025 §4, 2008; Ord.
CS 1097 §3, 2011; Ord. CS 1139 §1, 2013; Ord. CS 1174 §1,
2016; Ord. CS 1259 §§2—25,
2019; Ord. CS 1338 §§3—25,
2022)
The terms "county fire warden" or "fire warden" mean the person
appointed by the county board of supervisors pursuant to Government
Code Section 24008. The terms "fire chief" or "chief" mean the chief
officer of each regularly organized fire department or a joint powers
agreement (JPA), city, county, city and county, or any district formed
under the Fire Protection District Law of 1961 (Health and Safety
Code, Section 13801 et seq.), or any fire company formed under Part
4 (commencing with Section 14825) of Division 12 of the Health and
Safety Code, serving the jurisdiction in which such department is
located. As used in this chapter and in the California Fire Code,
the terms "county fire warden," "fire warden" "fire chief," and "chief"
are interchangeable and include such officer's assistant, deputy or
duly authorized agent.
(Ord. CS 625 §13, 1996; Ord. CS 649 §4, 1997; Ord. CS 1139 §2, 2013; Ord. CS 1174 §2, 2016; Ord.
CS 1259 §26, 2019; Ord. CS
1338 §26, 2022)
The chief may order the operation or use stopped or the evacuation
of any premises, building or vehicle or portion thereof which has
or is a fire hazard.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §3, 2013; Ord. CS 1174 §3, 2016; Ord. CS 1259 §27, 2019; Ord.
CS 1338 §27, 2022)
Every person, firm, corporation, co-partnership, district, or
association of persons whatsoever, being in possession of, or occupying,
or having control of any land within the county outside of incorporated
cities and towns, upon which there has been sown, or is standing,
growing, or grown, any wheat, oats, barley, hay or other vegetation
of any kind whatsoever, which when so sown, standing, growing, grown
or being upon said land in any way has become inflammable and in such
a condition as to be easily set on fire, at all times during the season
when the wheat, oats, barley, hay or other vegetation is inflammable
and in such a condition as to be easily set on fire, shall maintain
on every portion of the boundary of the land where the land adjoins
other land upon which the other land there is standing, growing, or
being any wheat, oats, barley, hay or other vegetation of any kind
which is inflammable and in such a condition as to be easily burned,
an effective fire protection or fire break, the fire protection or
fire break to be made by plowing along the boundary a strip of the
land not less than three feet in width, or by the removal of all inflammable
matter from a strip of the land not less than six feet in width along
the boundary when the fire protection or fire break is made in some
other manner than by plowing; provided that when the land adjoins
a highway, the fire break may be made by removing all inflammable
matter from the half of the highway next to the land.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §4, 2013; Ord. CS 1174 §4, 2016; Ord. CS 1259 §28, 2019; Ord.
CS 1338 §28, 2022)
Every person, firm, corporation, co-partnership, district or
any association of persons whatsoever, harvesting grain or causing
grain to be harvested by means of a combined harvester, header or
stationary threshing machines, or baling hay by means of a hay press
shall keep at all times in convenient places upon each combined harvester,
header or stationary threshing machine, or hay press, one fully equipped
fire extinguisher, having no less than a 2A 10BC rating and one fully
equipped fire extinguisher, having a capacity of not less than two
and one-half gallons of water.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §5, 2013)
Every person, firm, corporation, co-partnership, district or
any association of persons, whatsoever, operating or causing to be
operated any gas or diesel tractor or gas or diesel harvesting machine
or field trucks, in harvesting grain or hay in the county shall maintain
attached to the exhaust of the gas or diesel tractor, field truck,
and harvesting machine an effective spark arresting and burning carbon
arresting devices as defined in Volume I,
Health and Safety Code,
Section (13005(b)) and
Public Resources Code (Section 4442).
(Ord. CS 625 §13, 1996; Ord. CS 1139 §6, 2013)
No person shall operate or drive a motor vehicle of any kind
other than gas tractors or gas propelled harvesting machines over
or across any land upon which there is any inflammable vegetation
of any kind unless the motor vehicle is so constructed that the exhaust
from the engine must pass from the engine into and through a muffler
before being released to the air and the exhaust must be released
to the air through the muffler.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §7, 2013)
Every person, firm, corporation, copartnership, district or
association of persons whatsoever being in possession or occupying
or having control of any warehouse or building maintained for the
storage of grain, hay or foodstuffs, or other property of any kind
or character, for hire, outside of incorporated cities and towns,
shall at all times maintain around the warehouse or building an effective
fire protection or fire break, the fire protection or fire break to
be made by removing all inflammable material from the ground around
the warehouse or building for a distance of not less than twenty feet
from the exterior walls of the warehouse or building; and, in addition
to the fire protection or fire break, the persons shall maintain in
each of the warehouse or buildings one chemical fire extinguisher
of a capacity of two and one-half gallons, for each two thousand five
hundred square feet of floor space in the warehouse or building; or
a forty-two gallon barrel filled with water and three, two and one-half
gallon pails for each two thousand five hundred square feet of floor
space in the warehouse or building.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §8, 2013)
It is unlawful to leave or cause or permit to be left any outdoor
or open fire unattended by an adult person, or by the person or persons
named in any permit issued by the county fire warden or his/her duly
authorized agent. Before leaving any such fire, the person or persons
in charge of the fire shall thoroughly extinguish same by completely
covering it with dirt, saturating it with water, or otherwise treating
it in a manner to prevent rekindling of the fire.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §9, 2013)
It is unlawful for any person to allow a fire kindled or attended
by him or her to escape from his or her control or to spread to the
lands of another.
(Ord. CS 625 §13, 1996; Ord. CS 1137 §10, 2013; Ord. CS 1174 §5, 2016; Ord. CS 1259 §29, 2019; Ord.
CS 1338 §29, 2022)
It is unlawful for any person at the scene of any fire to disobey
the lawful orders of the county fire warden, or of his or her duly
authorized agents; to offer any resistance to or interference with
the lawful efforts of the county fire warden to extinguish any fire;
to engage in any disorderly conduct calculated to prevent any fire
from being extinguished, or to forbid, prevent, or dissuade others
from assisting in extinguishing any fire.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §11, 2013)
Any person owning, leasing, controlling, operating, or maintaining
any cabin, house, hotel, apiary, incinerator, or other building or
structure upon or adjoining any mountainous, or forest, or brush covered
land or land covered with flammable growth, and any person owning,
leasing or controlling any land adjacent to such structures, shall
at all times maintain on such person's land around and adjacent to
such cabin, house, hotel, apiary, incinerator, building or structure
an effective fire protection or fire break made by removing and clearing
away, for a distance therefrom of not less than 30 feet on each side
thereof, flammable vegetation or growth or other combustible material.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §12, 2013; Ord. CS 1174 §6, 2016; Ord. CS 1259 §30, 2019; Ord.
CS 1338 §30, 2022)
The county fire warden and his or her duly authorized agents
shall have authority to call upon able-bodied male persons between
the ages of nineteen and fifty years in the county for assistance
in putting out fires, and it shall be the duty of such persons to
obey such summons.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §13, 2013)
Homes for the full care of six or fewer individuals shall be
required to have an inspection by the county fire warden department.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §14, 2013)
The county fire warden and his or her deputies are empowered,
and it shall be their duty, to enforce the provisions of this chapter.
Any person whose duty it is to enforce the provisions of this chapter
may, at any reasonable time, enter upon private property for such
purpose. It is unlawful for any person to interfere with, oppose or
resist any authorized person enforcing this chapter.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §15, 2013; Ord. CS 1174 §7, 2016; Ord. CS 1259 §31, 2019; Ord.
CS 1338 §31, 2022)
Pursuant to the provisions of California
Penal Code Section
836.5, the county fire warden and his or her deputies are authorized
to arrest without a warrant and issue a written notice to appear whenever
any such person has reasonable cause to believe that the person to
be arrested has committed a misdemeanor in his or her presence which
is a violation of this chapter or a violation of any other ordinance
or statute which he or she has a duty to enforce.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §16, 2013; Ord. CS 1174 §8, 2016; Ord. CS 1259 §32, 2019; Ord.
CS 1338 §32, 2022)
Pursuant to the provision of Section 830.37 of the California
Penal Code, the county fire warden and such employees as he or she
may designate, in writing, are authorized to carry weapons when acting
in the course and scope of their employment.
(Ord. CS 625 §13, 1996; Ord. CS 1139 §17, 2013; Ord. CS 1174 §9, 2016; Ord. CS 1259 §33, 2019; Ord.
CS 1338 §33, 2022)