That a certain document, three copies of which are on file in the office of the City of Encinitas Fire Department being marked and designated as the 2021 International Fire Code and 2022 California Fire Code, including, Appendix B and I, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Encinitas, in the State of California regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, equipment use, and maintenance of buildings and structures, including that providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Encinitas Fire Department are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Section 10.04.020 of this chapter.
(Ord. 2022-12)
That the following sections are hereby revised:
Chapter 1 Administration
Section 101.5 City of Encinitas Validity. This section is revised to read:
The City Council of the City of Encinitas hereby declares that should any section, paragraph, sentence, or word of this ordinance or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council of the City of Encinitas that it would have passed all other portions of this ordinance independently of the elimination here from of any such portion as may be declared invalid.
Section 102.13 Repeal of Conflicting Ordinances, Resolutions or Motions. This section is added to read:
All former ordinances, resolutions or motions, or parts thereof, including 2019-27 and 2020-03, which conflict or are inconsistent with the provisions of this Ordinance or of the Code or standards hereby adopted are hereby repealed.
Chapter 2 Definitions
Section 202 General Definitions. This section is added or revised to read:
Fire Hazard - is any condition or conduct which: (a) increases or may increase the threat 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 (b) may obstruct, delay, hinder or interfere with the operations of the fire department or egress of occupants in the event of fire.
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-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, except that 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.
Hazardous Fire Area - Any geographic area mapped by the State or designated by the local jurisdiction as a moderate, high or very high fire hazard area, or which the FAHJ has determined is a hazardous fire area; the type and condition of vegetation, topography, weather, or structure density which may increase the possibility of the area being susceptible to wildfire.
Mid-Rise Building - A building four stories or more in height, but not exceeding 75 feet and not defined as a high-rise building by section 202 of the California Building Code. Measurements shall be made from the underside of the roof or floor above the topmost space that may be occupied to the lowest fire apparatus access road level.
Nothing in Section 324 shall imply or allow a building height in excess of current City of Encinitas planning and zoning requirements.
Level – An area, above or below grade, including but not limited to; basements, garages, cellars, mezzanines or similar uses.
Wherever the terms - "This Code" and "2021 International Fire Code" are used they shall mean the 2022 California Fire Code as modified by the City of Encinitas with the deletions, revisions and additions set forth in the amendments.
Chapter 3 General Requirements
Section 308.1.6.3. Sky Lanterns. This section is revised to read:
Sky lanterns, floating luminary, and similar devices propelled by open flame are prohibited for sale or use.
Section 324 Mid-Rise Buildings
Section 324.1 General. This section is added to read:
All newly constructed mid-rise buildings or any mid-rise building which undergoes a complete structural or non-structural renovation, that requires the complete vacancy of the building to complete the renovation shall, comply with Sections 324.1 through 324.3.
Exceptions:
1.
Buildings used exclusively as open parking garages.
2.
Buildings where all floors above the fourth-floor level are used exclusively as an open parking garage.
3.
Buildings such as a power plant, lookout tower, steeple, grain house, or other similar structures with intermittent human occupancy.
Section 321.2 Fire Equipment Control Room. This section is added to read:
A fire equipment control room for fire department operations shall be provided. The location and accessibility of the room shall be approved by the fire department. The room shall be separated from the remainder of the building by not less than a 1-hour fire barrier. The room shall contain the following facilities at minimum:
1.
Voice alarm and public address panels.
2.
Fire alarm control panel.
3.
Status indicators and controls for air-handling systems.
4.
Fire pump status indicators (if required).
5.
Set of complete building plans.
Section 321.3 Road Dimensions. This section is added to read:
Fire apparatus access roads serving buildings, portions of buildings, or facilities that exceed 30 feet in height above the lowest level of fire department vehicle access, shall have an unobstructed width of not less than 26 feet.
Chapter 5 Fire Service Features
Section 503.2.1 Dimensions. This section is revised to read:
Fire apparatus access roads shall have an unobstructed width of not less than 24 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6.
Exceptions:
1.
Fire access roadways, gated entrances with card readers, guard stations or center medians, which have separated lanes of one-way traffic, shall be not less than 14 feet wide per lane.
2.
Residential driveways serving no more than two single-family dwellings shall have an unobstructed width of not less than 16 feet.
3.
Roads serving only single-family residential dwellings, that are not within the Very High Fire Hazard Severity Zone, shall have an unobstructed width of not less than 20 feet.
Section 503.2.3 Surface. This section is revised to read:
Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus not less than 75,000 lbs. and shall be provided with an approved paved surface to provide all weather driving capabilities.
Section 503.2.7 Grade. This section is revised to read:
Grades exceeding 15% on fire apparatus access roads shall not be permitted without mitigation. Minimal mitigation shall be a surface of Portland cement concrete (PCC), with a deep broom finish perpendicular to the direction of travel. Maximum grade shall not exceed 20%.
Section 503.2.8 Angles of Approach and Departure. This section is revised to read:
The angle of approach and departure of a fire access roadway shall not exceed 12% or as approved by the fire code official.
Section 503.2.9 Roadway Turnouts. This section is added to read:
Turnouts shall be a minimum of 10 feet wide and 30 feet long with a minimum 25-foot taper on each end.
Section 503.3 Marking. This section is revised to read:
When required by the fire code official, approved signs or other approved notices or markings shall be provided for all public and private fire apparatus access roads, to identify such roads or prohibit obstruction thereof. Signs, notices, or markings shall be maintained in a clean and legible condition at all times and shall be replaced or repaired when necessary to provide adequate visibility. All new public roads, all private roads within major subdivisions and all private roads serving four or more parcels shall be named. Road name signs shall comply with City of Encinitas standards.
Section 503.4.2 Width of a Parking Space. This section is added to read:
The width of a parking space shall be a minimum of eight feet wide.
Section 503.6 Security Gates. This section is revised to read:
No person shall install a security gate or security device across a fire access roadway without the fire code official's approval.
1.
An automatic gate across a fire access roadway or driveway shall be equipped with an approved emergency key-operated switch overriding all command functions to ensure access and shall be provided with a battery back-up and manual mechanical disconnect in case of power failure.
2.
An automatic gate accessing more than four residences or a gate accessing hazardous, institutional, educational or assembly occupancy group structures, shall also be equipped with an approved emergency traffic control-activating strobe light sensor or other device approved by the fire code official, which will activate the gate on the approach of emergency apparatus with a battery back-up and manual mechanical disconnect in case of power failure.
3.
When required by the fire code official, an automatic gate in existence at the time of adoption of this chapter is required to install an approved emergency key-operated switch or other mechanism approved by the fire code official, at an approved location, which overrides all command functions and opens the gate. A property owner shall comply with this requirement within 90 days of receiving written notice to comply.
4.
A gate across a fire access roadway or driveway, public or private, shall be maintained in an operative condition which provides rapid, reliable access at all times.
5.
Where this section requires an approved key-operated switch, it may be dual-keyed or equipped with dual switches provided to facilitate access by law enforcement personnel.
6.
Electric gate openers, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
Section 507 Fire Protection Water Supplies
Section 507.2.2 Water Tanks. This section is revised to read:
Water storage tanks, when permitted by the fire code official, shall comply with Table No. 507.2.2A.
WATER STORAGE TANKS
Table No. 507.2.2A
Building Square Feet
Gallons Per Minute Water Flow
Capacity Gallons
Duration Minutes
Up to 1,500
250
5,000
20
Over 1,500
250
10,000
40
When exposure distance is one hundred feet (100') or less from adjacent property or where additional hazards or higher fire flow exists, the required water storage may be modified by the fire code official.
1.
Tank elevation shall be equal to or higher than the fire department connection on the premises. Regardless of domestic use, all tanks shall be equipped with a device that will ensure that the tank contains the designated amount of water for fire flow duration as determined by the fire department. Tank size may be increased to serve multiple structures on a single parcel.
2.
Supply outlet shall be at least 4 inches in diameter from the base of the tank to the point of outlet at the fire department connection. The fire department connection shall provide an approved means of controlling water flow.
3.
The outlet shall be located along an access roadway and shall not be closer than 50 feet or further than 150 feet from the structure.
4.
All exposed tanks and exposed supply pipes shall be of an alloy or other material listed for above ground use. Adequate support shall be provided.
Section 507.5.1 Where Required. This section is revised to read:
The location, type and number of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public or private street, or on the site of the premises to be protected or both. Fire hydrants shall be accessible to the fire department apparatus by roads meeting the requirements of section 503.
Section 507.5.1.01 Requirements for Single-Family Dwellings. This section is added to read:
In zones other than industrial, commercial and multi-family, fire hydrants shall be installed in accordance with Table No. 507.5.1.01A.
Table No. 507.5.1.01A
Parcels ½ acre and larger:
Every 500 feet
Parcels less than ½ acre:
Every 350 feet
Section 507.5.1.02 Requirements for Multi-Family, Commercial and Industrial Zones. This section is added to read:
In multi-family zones and in commercial and industrial zones, fire hydrants shall be installed at intersections, at the beginning radius of cul-de-sacs, or as approved by the fire code official, and every 300 feet of fire access roadways, regardless of parcel size.
Chapter 9 Fire Protection Systems
Section 903.2 Where Required. This section is revised to read:
Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in sections 903.2.1 through 903.2.12 and may be required in additions and remodels of existing structures as described in Section 903.2.01.
Section 903.3 Installation Requirements. This section is revised to read:
Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.8 and the City of Encinitas installation policies, as appropriate.
Section 903.2.01 Group R Additions, Remodels, and Reconstruction. This section is added to read:
An automatic sprinkler system installed in accordance with 903.3 may be required to be installed throughout structures when the addition is more than 50% of the existing building, or where the scope of work includes significant modification to the interior and/or the roof of the building.
Exceptions:
1.
If the cost of the installation exceeds 15 percent of the valuation of the project. Formal bids shall be provided to the Encinitas Fire Department for review.
2.
If the addition to the existing structure is strictly for the creation of a new Accessory Dwelling Unit; no additions or remodels to the existing building is permitted.
Section 903.2.02 Commercial and Group U.
An automatic sprinkler system installed in accordance with Section 903.3 shall be required in buildings and structures when the square footage of a new commercial building exceeds 5000 square feet.
Exception:
1.
Agricultural buildings constructed of wood or metal frame, over which fabric or similar material is stretched, which are specifically used as green houses are exempt from the automatic sprinkler requirements unless physically connected to other structures.
Section 905 Standpipe Systems
Section 905.3 Required Installations. This section is revised to read:
Standpipe systems shall be installed where required by Sections 905.3.01 through 905.3.11.1. Standpipe systems are allowed to be combined with automatic sprinkler systems.
Exception: Standpipe systems are not required in Group R-3 occupancies.
Section 905.3.01 Standpipes. This section is added to read:
A Class 1 standpipe with 2.5 inch hose valves shall be provided for all commercial buildings three levels or more in height, regardless of occupancy type. Hose valves shall be located in each stair enclosure and on each floor level, including the roof. For single story buildings or parking structures with large floor areas, class 1 standpipes may be required.
Chapter 56 Explosives and Fireworks
Section 5608.2 Fireworks. This section is added to read:
Fireworks shall not be sold, manufactured, disposed, or discharged within the jurisdictional boundaries of the City of Encinitas, except when a permit is issued for public display, theatrical purposes and/or group entertainment by the fire department to a California State Fire Marshal licensed pyro-technician and the minimum requirements of Title-19, California Code of Regulations, Chapter-6, fireworks are met. The San Diego County Regulatory Ordinance, Title-3, Division-2, Chapter 1, section 32.101 through 32.108 may be used as a guide when enforcing these requirements.
Section 5608.3 Fireworks Penalty. This section is added to read:
Any person violating any provisions or failing to comply with this Chapter or the requirements of Title-19 California Code of Regulations, chapter 6, and/or San Diego County Regulatory Ordinance,Title-3, Division-2, Chapter 1, section 32.101 through 32.108, shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine not to exceed One thousand dollars or by imprisonment in the County jail for a period of not more than one year or by both such fine and imprisonment.
(Ord. 2022-12)
That the geographic limits referred to in certain sections of the 2022 California Fire Code are hereby established as follows:
Chapter 57 Flammable and Combustible Liquids
Section 5704.2.9.6.1 Locations where Above-Ground Tanks are Prohibited. This section is revised to read:
In the City of Encinitas, (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): The limits referred to in Section 5704.2.9.6.1 and 5706.2.4.4 of the 2022 California Fire Code and the 2021 International Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited are hereby established as the jurisdictional limits of the City of Encinitas.
Exceptions:
1.
2000 gallons maximum temporary (six months maximum) above ground tanks meeting UL 2085 for private use on farms, agricultural and rural property, remote construction sites, earth moving projects, gravel pits or borrow pits. Such tanks shall be specially designed, approved and listed, and have features incorporated into their design which mitigates concerns for exposure to heat (two-hour fire resistance), ignition sources and mechanical damage. A fire department permit will be required.
2.
Crankcase draining may be stored in specially constructed above ground storage tanks, approved by the fire code official, with a maximum capacity of 550 gallons. Such tanks may be located within a building when the fire code official deems appropriate, and the container meets the following: specially designed, approved and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage. Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. In no case shall such storage be permitted in residential or institutional property. All installations require a fire department permit.
3.
With the fire code official's approval, Class I and II liquids may be stored in aboveground tanks inside or outside of buildings in specially designed, approved and listed containers which have features incorporated into their design which mitigates concerns for exposure to heat, ignition sources and mechanical damage. Class I liquids will be limited to 550 gallons and class II liquids will be limited to 1100 gallons.
 
Containers must be installed and used in accordance with their listing, and provisions must be made for leak and spill containment. The fire code official may disapprove the installation of such containers when, in his opinion, their use presents a risk to life or property.
4.
With the fire code official's approval, temporary storage of a maximum 10,000 gallons of Class II liquids may be permitted for a period not to exceed 90 days at remote construction sites, earth moving projects, gravel pits or borrow pits, consistent with 5704 and 5706.
Section 5706 Special Operations
Section 5706.2.4.4 Locations where Above-Ground Tanks are Prohibited. This section is revised to read:
Within the geographic limits of the City of Encinitas, the storage of Class I and Class II liquids in above-ground tank is prohibited in residential areas.
Section 5706.4 Bulk Plants or Terminals. This section is revised to read:
The geographic limits in which bulk plants and terminals of flammable and combustible liquids are received are prohibited for the protection of heavily populated and congested areas and are hereby established as jurisdiction limits of the City of Encinitas.
Chapter 58 Flammable Cryogenic Fluids
Section 5806.2 Limitations. This section is revised to read:
Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the geographic limits of the City of Encinitas.
Chapter 61 Liquefied Petroleum Gases
Section 6104.2 Maximum Capacity within Established Limits. This section is revised to read:
Within the geographic limits of the City of Encinitas, the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons.
(Ord. 2022-12)