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.
Constructed of steel not less than six inches in diameter and concrete filled,
2.
Spaced not more than three feet between posts on center,
3.
Set not less than three feet deep in a concrete footing of not less than a 15 inch diameter,
4.
Set with the top of the posts not less than three feet above ground, and
5.
Located not less than five feet from the tank.
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.
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;
2.
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;
3.
Two employees must be within the area of the premises used for retail purposes, including adjacent service and utility rooms, at all times; and
4.
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.
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.
Open yards required by the California Building Code shall be maintained around structures.
2.
Piles shall be a minimum of 25 feet from a structure.
3.
Piles shall not be located within 10 feet of a property line.
4.
The maximum dimensions of a pile shall not exceed 20 feet by 70 feet.
5.
There shall be 10 feet of aisle ways between piles.
6.
Piles shall be placed in grids not to exceed 140 feet by 150 feet.
7.
Each grid shall be separated by an approved fire apparatus access road.
8.
Permanent pallet storage areas shall be surrounded by an approved fence. Fences shall a minimum of six feet in height above grade.
9.
Pile height shall not exceed twenty (20′) feet.
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.
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.
2.
Tanks for private use at farms and construction sites complying with 2022 California Fire Code Section 5706.2.
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.
Containers not exceeding five gallon water capacity, used for barbecue cooking, when used and stored outside of buildings.
2.
Approved containers not exceeding 16.4 ounces when displayed for sale in mercantile occupancies.
3.
Factory installed containers for recreational vehicles not exceeding 10 gallon water capacity.
4.
Factory installed tanks that are permanently attached to recreational vehicles.
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.
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.
2.
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.
3.
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.
4.
For temporary use on construction sites, when authorized by the Fire Chief.
5.
For use as an alternative fuel supply for an emergency standby generator, when authorized by the Fire Chief.
6.
For use with certain mobile vending and certain commercial barbecue equipment and other specific uses when authorized by the Fire Chief.
7.
For use by Artisans in pursuit of their trade, when authorized by the Fire Chief.
8.
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.
9.
Containers that exceed 2,000 gallons shall comply with procedure FPB 82-01.
(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)