The California Fire Code, 2022 Edition, and including Appendix
Chapters 4, B, BB, C, CC, H, and O but excluding Sections 111 and
112.4 as published by the International Code Council, is adopted by
reference as the fire code of the city (the "fire code"), for protecting
the interests of health, life and safety as they relate to the use
or occupancy of building or premises. All of the regulations, provisions,
penalties, conditions and terms of the California Fire Code 2022 Edition,
are referred to adopt and made a part of this chapter as though fully
set out in this chapter, excepting such portions as are added, deleted,
modified or amended by this chapter. The California Fire Code is referred
to in this chapter as the "CFC" and one copy is on file in the office
of the Lemon Grove city clerk.
Repealing of Previous Ordinance. The City of Lemon Grove adopting
by reference the California Fire Code, 2022 Edition, known as the
California Code of Regulations, Title 24, Part 9 incorporating the
International Fire Code, 2018 Edition, published by the International
Code Council, and all other ordinances or parts of ordinance in conflict
herewith are hereby repealed.
(Ord. 462 § 3, 2022)
Section 101.1 of the CFC is amended to read as follows:
101.1 Title. These regulations will be known as the Fire Code
of the City of Lemon Grove, hereinafter referred to as "this code."
(Ord. 462 § 3, 2022)
Section 105.3.1 of the CFC is amended to read as follows:
105.3.1 Expiration. An operational permit shall remain in effect
until reissued, renewed or revoked, or such a period of time as specified
in the permit. Construction permits shall automatically become invalid
unless the work authorized by such permit is commenced within one
hundred eighty days after its issuance, or if the work authorized
by such permit is suspended or abandoned for a period of one hundred
eighty days after the time the work is commenced. The max life of
any construction permit is three years. If a final inspection is not
obtained within the three-year time period, a permit will become invalid
and a new permit will be required. Before such work commences, a new
permit shall be first obtained and the fee to recommence work, if
any, shall be one-half the amount required for a new permit for such
work, provided no changes have been made or will be made in the original
construction documents for such work, and provided further that such
suspension or abandonment has not exceeded one year. Permits are not
transferable and any changes in occupancy, operation, and tenancy
or ownership shall require that a new permit be issued.
(Ord. 462 § 3, 2022)
Section 111 of the CFC is amended to read as follows:
Appeals Board. Appeals to the decisions or determinations made
by the Fire Marshal, or fire code official relative to the application
and interpretation of the fire code adopted by the City, the applicant
may appeal the decision to the Lemon Grove City Council within 30
days from the date of the decision appealed.
Section 111.1: Limitations on authority. An Application for
appeal shall be based on a claim that the intent of this code or the
rules legally adopted hereunder has been incorrectly interpreted,
the provision of this code do not fully apply, or an equivalent method
of protection or safety is proposed. The board shall not have authority
to waive requirements of this code.
(Ord. 462 § 3, 2022)
Section 112.4 is amended to read as follows:
Violation Penalties. Any person who violates 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 lawful directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by a fine of not more than $1,000 dollars in the manner established in Lemon Grove Municipal Code Section
1.12.010(c). Each day that causes any incident and thereby requires the agency to provide emergency response shall reimburse the agency for the cost incurred. A violation that continues after due notice has been served shall be deemed a separate offense. 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 as determined by the fire code official.
(Ord. 462 § 3, 2022)
Section 113.4 of the CFC is amended to read as follows:
Section 113.4 Failure to Comply. Any person, who shall continue any work having been served with a stop work notice, except such work as that the person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250.00 dollars or more than $1,000 dollars as provided by the Lemon Grove Municipal Code Section
1.12.010(c).
(Ord. 462 § 3, 2022)
Section 107.2 of the CFC is amended to read as follows:
107.2 Schedule of fees. The permit fees for all permits authorized
by this code shall be as listed in the City of Lemon Grove Schedule
of Fees.
Section 107.7 of the CFC is added to read as follows:
107.7 Cost Recovery. This section is to establish authority
to obtain reimbursements from responsible individuals for the expenses
of any emergency response and/or code enforcement action by the City
of Lemon Grove Fire Department to protect the public from fire or
hazardous substances and situations as allowed by the general laws
of the State of California and the Lemon Grove Municipal Code.
Section 113.8 of the CFC is added to read as follows:
113.8 Reimbursements.
(a) In accordance with the
Health and Safety Code Section 13000 et seq.,
any individual who acts negligently or in violation of the law and
thereby requires the jurisdiction to provide an emergency response
to a danger posed by a fire or hazardous substances shall be liable
for reimbursement to the agency for the cost incurred.
(b) In accordance with
Government Code Sections 53150 through 53158,
any individual who is under the influence of an alcoholic beverage
or any drug or the combined influence of an alcoholic beverage or
any drug, and whose negligent operation of a motor vehicle, boat or
vessel, or civil aircraft caused by that influence, proximately causes
any incident and thereby requires that agency to provide an emergency
response shall reimburse the agency for the cost incurred.
Section 113.9 of the CFC is added to read as follows:
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113.9 Expense Recovery. This section establishes authority to
obtain from responsible individuals for the expense of any emergency
response and/or enforcement action by the City of Lemon Grove Fire
Department to protect the public from fire, hazardous substances and
dangerous situations as allowed under the Lemon Grove Municipal Code
and by laws of the State of California.
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Section 113.10 of the CFC is added to read as follows:
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113.10 Cumulative Remedies. The remedies contained in this code are cumulative and inclusive of other remedies contained in the Lemon Grove Municipal Code. Nothing herein prevents the City Attorney or appropriate enforcement officer from pursuing remedies set out in Chapters 1.12, 1.14, 1.24 or any other remedy at law or equity to address violations of this code. Nothing herein shall prevent the application of civil remedies authorized by Lemon Grove Municipal Code Section 1.12.010(e).
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(Ord. 462 § 3, 2022)
Section 202 of the CFC is amended by adding the following definitions:
Accessory Structure is a building or structure used to shelter
or support any material, equipment, chattel, or occupancy other than
a habitable building. (A) (See Structure).
Combustible Vegetation is material that in its natural state
will readily ignite, burn and transmit fire from the vegetation growth
to any structure: this includes ground fuels which are any native
or landscape vegetation not considered a tree and generally in contact
with the ground.
Fire Authority Having Jurisdiction (FAHJ) is the designated
entity providing enforcement of the fire regulations as they relate
to planning, construction, and development. This entity may also provide
fire suppression and other emergency services.
Fire Department is any regularly organized fire department,
fire protection district, a legally formed volunteer fire department
recorded with the County of San Diego, or a fire company regularly
charged with the responsibility of providing fire protection to the
jurisdiction.
Fire Hazard is anything that increases or could create an increase
of hazard or menace of fire to a greater degree than customarily recognized
as normal by persons in the public service regularly engaged in preventing,
suppressing or extinguishing fire or anything or act which could obstruct,
delay, hinder or interfere with the operations of the fire department
or egress of the occupants in the event of fire.
Fuel Modification Zone is a strip of land where combustible
vegetation has been thinned, modified or both and partially or totally
replaced with approved drought tolerant, fire resistant, and/or irrigated
plants to provide an acceptable level of risk from vegetation fires.
Fuel modification reduces radiant and convective heat, thereby reducing
the amount of heat exposure on the roadway or structure and providing
fire suppression forces a safer area in which to take action.
Hazardous Fire Area is any geographic area mapped by State or
local jurisdiction as a high or very high fire hazard area, or as
set forth by the FAHJ that contains the type and condition of vegetation,
topography, weather, and structure density to potentially increase
the possibility of vegetation conflagration fires shall be considered
a hazardous fire area.
Heavy Timber Construction as described in the California Building
Code.
Off-site Roadway is a road, street, public highway, or private
road, used for fire apparatus access from a publicly maintained road
to the boundary of the subject property.
On-site Roadway is a road, street, public highway, private road,
or driveway used for fire apparatus access within the boundaries of
the subject property or land division.
Planning Authority Having Jurisdiction (PAHJ) is the identified
authority regulating and enforcing planning and/or construction standards.
Response Time is the elapsed time from the fire department's
receipt of the first alarm to when the first fire unit arrives on
the scene.
Travel Time is the estimated time it would take for a responding
agency to travel from the fire station to the furthest structure in
a proposed development project, determined by measuring the safest,
most direct, appropriate, and reliable route with consideration given
to safe operating speeds for heavy fire apparatus.
Vegetation Conflagration is an uncontrolled fire spreading through
vegetative fuels, and exposing and consuming structures in the advancing
path of fire.
(Ord. 462 § 3, 2022)
Section 503.2.1 of the CFC is amended to read as follows:
Section 503.2.1 Dimensions. Fire apparatus access roads shall
have an unobstructed improved width of not less than 20 feet, except
for single family residential driveways not to exceed 150 feet in
length from the public right-of-way and serving no more than two single
family dwellings, shall have a minimum of 16 feet unobstructed improved
width. Any of the following, which have separated lanes of one way
traffic: gated entrances with card readers; guard stations or center
medians, are allowed, provided that each lane is not less that 14
feet wide. All fire apparatus access roads shall have an unobstructed
vertical clearance of not less than thirteen feet six inches (13′
6″). Vertical clearance or road width shall be increased when, in
the opinion of the fire code official, vertical clearances or road
widths are not adequate to provide fire apparatus access.
(Ord. 462 § 3, 2022)
Section 503.3.1 of the CFC is added to read as follows:
503.3.1 Fire lane designation. Where the fire code official
determines that it is necessary to ensure adequate fire access, the
fire code official may designate existing roadways as fire access
roadways as provided by
Vehicle Code Section 22500.1(public) or 22658(a)
(private).
(Ord. 462 § 3, 2022)
Section 505.1 of the CFC is amended to read as follows:
Section 505.1 Address Identification. Address Numbers. Approved
numbers and/or addresses shall be placed on all new and existing buildings
and at appropriate additional locations as to be plainly visible and
legible from the street or roadway fronting the property from either
direction of approach. Said numbers shall contrast with their background,
and shall meet the following minimum standards as to size: minimum
three inches (3″) high with a one-half inch (1/2″) stroke for individual
suites and apartments, minimum four inches (4″) high with a one-half
inch (1/2″) stroke for residential buildings, minimum eight inches
(8″) high and one-half inch (1/2″) stroke for commercial, multi-residential
building, and industrial buildings. Additional numbers shall be required
where deemed necessary by the fire code official, such as rear access
doors, building corners, and entrances to commercial centers. The
fire code official may require larger address numbers based on visibility
and the needs of emergency response personnel.
(Ord. 462 § 3, 2022)
Section 505.3 of the CFC is added to read as follows:
505.3 Response Map Updates. Any new development, which necessitates
updating of the emergency response maps by virtue of new structures,
hydrants, roadways or similar features, shall be required to provide
map updates in a format compatible with current department mapping
services, and shall be charged a reasonable fee for updating all response
maps.
(Ord. 462 § 3, 2022)
Section 5704.2.9.6.1 of the CFC is amended to read as follows:
Location where above-ground tanks are prohibited. Storage of
Class I and Class II liquids in above-ground tanks outside of buildings
is prohibited except for zones classified as commercial or industrial.
(Ord. 462 § 3, 2022)
Section 5706.2.4.4 of the CFC is amended to read as follows:
5706.2.4.4 Location where above-ground tanks are prohibited.
Storage of Class I and Class II liquids in above-ground tanks outside
of buildings is prohibited except for zones classified as commercial
or industrial.
(Ord. 462 § 3, 2022)
Section 5806.2 of the CFC is amended to read as follows:
5806.2 Limitations. Storage of flammable cryogenic fluids in
stationary containers outside of buildings is prohibited except for
zones classified as commercial or industrial.
(Ord. 462 § 3, 2022)
Section 6104.2 of the CFC is amended to read as follows:
6104.2 Maximum capacity within established limits. The geographic
limit in which the bulk storage of liquefied petroleum gas is prohibited
for the protection of heavily populated and congested areas is hereby
established as jurisdiction limits of the City of Lemon Grove except
for areas zoned for industrial use.
(Ord. 462 § 3, 2022)