For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2022 California Fire Code, published by the International Code Council, save and except those portions as are deleted, modified, or amended, of which code not less than one copy is now on file in the office of the City Clerk, is adopted and incorporated in the municipal code as if set out at length in this code, and the provisions thereof shall be controlling within the limits of this City.
(Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2020-01 § 1, 2020; Ord. 2022-04 § 2, 2022)
The effective date for the 2022 California Fire Code adopted by CMC § 15.55.010 within the City shall be January 1, 2023. The City Clerk shall maintain on file in the official records the edition of the California Fire Code currently in effect at all times.
(Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2020-01 § 1, 2020; Ord. 2022-04 § 2, 2022)
Whenever the word "jurisdiction" is used in the California Fire Code, it shall be held to mean the City of Carmel-by-the-Sea. Whenever the term "fire code official" is used in the California Fire Code, it shall be held to mean the Fire Chief of the City of Carmel-by-the-Sea Fire Department.
(Ord. 2018-03 § 1 (Exh. A § 4), 2018)
It shall be unlawful to sell, possess, trade or discharge any fireworks, including "Safe and Sane" fireworks, anywhere within the City limits, except by duly issued permit for fireworks displays.
(Ord. 2018-03 § 1 (Exh. A § 4), 2018)
The 2022 California Fire Code is amended and changed as follows as described in subsections (1) through (37) of this section.
1. 
Section 101.1 is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Carmel-by-the-Sea, hereinafter referred to as "this code."
2. 
Section 101.2.1 is amended to read as follows:
101.2.1 Appendices. Provisions in Appendix Chapter 4 and Appendices B, BB, C, CC, D, H, and I are hereby adopted in their entirety and shall apply.
3. 
Section 102.1 is amended to read as follows:
102.1 Construction and design provisions. The construction and design provisions of this code shall apply to:
1. Structures, facilities and conditions arising after the adoption of this code.
2. Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.
3. Existing structures, facilities and conditions when identified in specific sections of this code.
4. Existing structures, facilities and conditions, which, in the opinion of the fire code official, constitute a distinct hazard to life and property.
5. Existing residential and commercial structures to which additions, alterations or repairs are made that involve the addition, removal or replacement of fifty percent (50%) or greater of the linear length of the walls of the existing building (exterior plus interior) within a five-year period.
4. 
Repealed by Ord. 2020-01.
5. 
Section (A) 105.1.2 is amended to read as follows:
(A) 105.1.2 Types of permits. There are two types of permits as follows:
1. Operational permit. Any and all conditions of an operational permit will be established through a separate Resolution approved by the City Council.
2. Construction permit. A construction permit allows the applicant to install or modify systems and equipment for which a permit is required by Section (A)105.7.
6. 
Section 105.5.0 is added to read as follows:
105.5.0 Agricultural Explosive Devices. An operational permit is required for storage or use of any agricultural explosive device including "bird bombs".
7. 
Section 105.6.6 is amended to read as follows:
105.6.6 Fire alarm and detection systems and related equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related systems, including systems installed in Group R-3 occupancies (one- and two-family homes). Maintenance performed in accordance with this code is not considered a modification and may not require a permit as determined by the fire code official.
8. 
Section 112.4 is amended to read as follows:
112.4 Violation penalties. Persons who shall violate any provision of this code or shall fail to comply with any of the requirements thereof or shall erect, install, alter, repair or do work in violation of the approved construction documents or 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 not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be deemed a separate offense.
9. 
Section 112.4 is amended to read as follows:
112.4 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 guilty of an infraction as specified in Section 109.3 of this code.
9.5. 
Section 202 is amended to include the following definitions:
"Escape Room" means a room in which patrons or participants are confined or enclosed in a room or space in which the means of egress and exit doors are intentionally obscured requiring the occupants to find a means of escape (the means of egress) by discovering hidden clues and solving a series of riddles, puzzles or problems.
Special Amusement Building. A special amusement building is any temporary or permanent building of portion thereof that is occupied for amusement, entertainment or educational purposes and that contains a device or system that conveys passengers or provides a walkway along, around or over a course in any direction so arranged that the means of egress path is not readily apparent due to visual or audio distractions or is intentionally confounded or is not readily available because of the nature of the attraction or mode of conveyance through the building or structure.
The term "Special Amusement Building" shall include spaces or areas used as "Escape Rooms."
10. 
Section 202 is amended to add the following definitions:
ALL WEATHER SURFACE. A road surface constructed to the minimum standards adopted by the jurisdiction.
BRIDGE. A structure to carry a roadway over a depression or obstacle.
10.4. 
Section 304.3.5 is added to read as follows:
304.3.5 Rubbish within Dumpsters. In all rooms or aboveground outside areas, adjacent to a building or underneath roof overhangs or when located nearer than 10 feet to an adjacent property line, containers used for storage of combustible waste materials in other than Group R, Division 3 occupancies shall be protected by automatic sprinkler protection. Such sprinklers may be connected to the domestic water supply, provided sufficient coverage of the area is provided and an approved accessible shutoff valve is provided for each room or area.
Exception: Trash areas adjacent to solid brick or concrete walls with no openings or eaves and a minimum of ten feet (10') separation distance between the dumpster and adjacent property line are not required to be protected by automatic sprinkler system(s).
11. 
Section 503.2.6.1 is added to read as follows:
503.2.6.1 Private bridge engineering. Every private bridge hereafter constructed shall meet the following engineering requirements:
a. The weight shall be designed for a minimum of HS-20 loading as prescribed by the AASHTO.
b. The unobstructed vertical clearance shall be not less than 15 feet clear.
c. The width shall be a minimum of 20 feet clear. The fire code official may require additional width when the traffic flow may be restricted or reduce the width to a minimum of 12 feet for Occupancy Group U or R-3 occupancies.
d. The maximum grade change of the approach to and from any private bridge shall not exceed 8% for a minimum distance of 10 feet.
12. 
Section 503.2.6.2 is added to read as follows:
503.2.6.2 Private bridge certification. Every private bridge hereafter constructed shall be engineered by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. Certification that the bridge complies with the design standards required by this code and the identified standards, and that the bridge was constructed to those standards, shall be provided by the licensed engineer, in writing, to the fire code official. Every private bridge, including existing and those constructed under this code, shall be certified as to its maximum load limits every ten (10) years or whenever deemed necessary by the fire code official. Such recertification shall be by a licensed professional engineer knowledgeable and experienced in the engineering and design of bridges. All fees charged for the purpose of certification or recertification of private bridges shall be at the owner's expense.
13. 
Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The grade of fire apparatus access roads shall be no greater than 15% unless specifically approved by the fire code official.
14. 
Section 503.2.7.1 is added to read as follows:
503.2.7.1 Paving. All fire apparatus access roads over eight percent (8%) shall be paved with a minimum 0.17 feet of asphaltic concrete on 0.34 feet of aggregate base. All fire apparatus access roads over fifteen percent (15%) where approved shall be paved with perpendicularly grooved concrete.
15. 
Section 503.7 is added to read as follows:
503.7 Fire apparatus access roads. All fire apparatus access road names shall be issued by the City of Carmel-by-the-Sea.
16. 
Section 505.1 is amended to read as follows:
505.1 Address identification. Buildings and parcels shall be identified by a description of Parcel location relative to the nearest cross-street intersection as determined by the Community Planning and Building Department. For multi-tenant buildings, unit identifiers shall be provided as follows:
1. Multi-family dwelling units (apartments, condominiums) – shall be designated using alphabetic characters (i.e. A, B, C…). When the building contains multiple floors, the floor number shall precede the alphabetic unit designator (i.e. 1-A, 2-B, etc.)
2. Non-residential, multi-tenant buildings – individual tenant spaces shall be assigned numeric identification (i.e. 1, 2, 3, etc.) When the building contains multiple floors, the floor number shall precede the numeric unit designator and shall be separated by the number "0" (i.e. first floor units: 10x; second floor units: 20x).
3. Mixed Use buildings – Residential units shall be designated as described in 1 above. Nonresidential units shall be designated as described in 2.
17. 
Section 507.5.2 is amended to read as follows:
507.5.2 Inspection, testing and maintenance. Fire hydrant systems shall be subject to periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards. When required by the fire code official, hydrants shall be painted in accordance with the most current edition of NFPA 291.
18. 
Section 605.3.1 is added to read as follows:
605.3.1 Spark arresters. An approved spark arrester shall be installed on all chimneys, incinerators, smokestacks, solid-fuel burning fire pits, or similar devices where the burning of solid fuel conveys smoke, embers and hot gases to the outer air.
19. 
Reserved.
20. 
Reserved.
21. 
Section 901.4.6 is amended to read as follows:
901.4.6 Appearance of Equipment. Any device that has the physical appearance of life safety or fire protection equipment but that does not perform that life safety or fire protection function shall be prohibited. Any non-required fire protection equipment that is no longer in service shall be removed.
22. 
Reserved.
23. 
Section 901.6.4 is added to read as follows:
901.6.4 Qualifications of Inspection, Testing and Maintenance Personnel. All personnel performing any inspection, testing or maintenance of any fire protection system shall be qualified. Where such inspection, testing and maintenance is performed by an outside service company, the company shall be appropriately licensed in accordance with the California Business & Professions Code or by the California State Fire Marshal.
24. 
Section 903.2 is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems shall be provided in all new buildings and structures constructed, moved into or relocated within the jurisdiction. This section supersedes the square footage limitations of all subsections within Section 903.2.
Exceptions:
(1) Structures not classified as Group R occupancies and not more than 500 square feet in total floor area.
(2) Detached agricultural buildings, as defined by this code, located at least one hundred feet (100') from any other structure or the property line, whichever is closer.
(3) Accessory structures associated with existing non-sprinklered R-3 occupancies (one or two family dwellings) and less than 1500 square feet in total fire area.
(4) Where an insufficient water supply exists to provide for an automatic fire sprinkler system and where the fire code official permits alternate protection.
25. 
Section 903.2.8 is amended to read as follows:
903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided in all buildings with a Group R fire area, including, but not limited to, one- and two-family dwellings, townhomes, and manufactured homes and mobile homes located outside of licensed mobile home parks hereafter constructed, moved into or relocated within the jurisdiction, including all additions to buildings already equipped with automatic fire sprinkler systems.
26. 
Section 903.3.1.2 is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four stories in height shall be permitted to be installed throughout in accordance with NFPA 13R as amended in Chapter 47 of this Code.
903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units were the building is of Type V construction, provided there is a roof or deck above. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch to 6 inches below the structural members and a maximum distance of fourteen (14) inches below the deck of the exterior balconies and decks that are constructed of open wood joist construction.
903.3.1.2.3 Attics. Where NFPA 13R sprinkler systems are installed, all attic areas shall be provided with sprinkler protection in accordance with NFPA 13.
903.3.1.2.4 Sprinkler control valves. Where NFPA 13R sprinkler systems are installed, sprinkler system control valves shall be installed in accordance with NFPA 13.
903.3.1.2.5 Bathrooms. Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed.
903.3.1.2.6 Accessible storage areas. Automatic sprinklers shall be installed in all accessible storage areas.
903.3.1.2.7 Under-stair spaces. Automatic sprinklers shall be installed in all under-stair spaces including all under-stair closets.
27. 
Section 903.3.1.3 is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one- and two-family dwellings shall be installed throughout in accordance with NFPA 13D.
903.3.1.3.1 All fire sprinkler systems installed in one- and two-family dwellings shall be tested for leakage by undergoing a hydrostatic test made at 200 psi for a two-hour duration.
903.3.1.3.2 Each water system supplying both domestic and fire protection systems shall have a single indicating-type control valve, arranged to shut off both the domestic and sprinkler systems off of a single water meter. A separate shut-off valve for the domestic system only shall be permitted to be installed. The location of the control valve shall be approved by the fire code official.
903.3.1.3.3 Automatic sprinklers shall be installed in all bathrooms, regardless of square footage, where an electrical receptacle is installed.
903.3.1.3.4 Automatic sprinklers shall be installed in all attached garages and structures.
903.3.1.3.5 Automatic sprinklers shall be installed in all accessible storage areas.
903.3.1.3.5.1 Automatic sprinklers shall be installed in all under-stair spaces including all closets.
903.3.1.3.6 Local water flow alarms shall be provided on all sprinkler systems. Local water flow alarms shall be powered from the main kitchen refrigerator circuit. The local water flow alarm shall be clearly audible from within the master bedroom at an audibility level of not less than 75 dBa. Where no kitchen exists in the building, the water flow alarm shall be powered from the bathroom lighting circuit.
903.3.1.3.7 Automatic fire sprinklers shall be installed to protect all furnaces and heating system appliances.
28. 
Section 903.4.1 is amended to read as follows:
903.4.1 Monitoring. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved UL-listed central station as defined in NFPA 72-2010, or, when approved by the fire code official, shall sound an audible signal at a constantly attended location. The fire alarm system installed to transmit such signals shall be considered a building fire alarm system and shall be documented as a UL-certificated central station service system.
(Exceptions remain unchanged.)
29. 
Section 903.4.2 is amended to read as follows:
903.4.2 Alarms. One exterior approved audible device shall be connected to every automatic sprinkler system in an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Interior alarm notification appliances shall be installed as required by Section 903.4.2.1.
30. 
Section 903.4.2.1 is added to read as follows:
903.4.2.1 Where an automatic fire sprinkler system is installed in a building with more than one tenant or with over 100 sprinkler heads, audible and visible notification appliances shall be installed throughout the building as follows:
a. Audible notification appliances shall be installed so as to be audible at 15 dBa above average sound pressure level throughout the building.
b. Visible notification appliances shall be installed in all public and common use areas, restrooms and corridors in accordance with the spacing requirements of NFPA 72.
c. Visible notification appliances can be eliminated in normally unoccupied portions of buildings where permitted by the fire code official.
EXCEPTION: The requirements of this section do not apply to Group R-3 Occupancies.
31. 
Section 903.4.3 is amended to read as follows:
903.4.3 Floor control valves. Approved indicating control valves and water flow switches shall be provided at the point of connection to the riser on each floor in all buildings over one story in height, and shall be individually annunciated as approved by the fire code official.
31.4. 
Section 903.6 is amended to read as follows:
903.6 Repairs, Alterations, and Additions. In all buildings, except where otherwise provided herein in this Section, where the total floor area exceeds five thousand square feet (5000 sf), or which are forty feet (40') or more in height, or which are three or more stories in height, they shall be made to comply with the provisions of this Section.
In all buildings where the total floor area exceeds five thousand square feet (5000 sf), or which are forty feet (40') or more in height, or which are three or more stories in height, if the repairs or alterations are made exceeding twenty-five percent of the current market value of the building and property as shown in the records of the County Assessor within any three hundred sixty five (365) day period shall be made to comply with the provisions of this section.
Definitions.
Repair. It is the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance.
Alteration. It is any change, addition, or modification in construction or occupancy.
Exception: Projects where the sole purpose is for seismic upgrade.
Existing commercial and residential buildings to which additions, alterations, or repairs are made that involve the removal or replacement of 50 percent or greater of the linear length of walls of the building (exterior plus interior) within a five-year period shall meet the requirements of new construction of this code.
31.6. 
Section 904.13.6 is added to existing section:
904.13.6 Non-Conforming Restaurant Cooking Appliances and Fire Extinguishing Systems. All non-conforming restaurant cooking appliances, hood and duct systems, and fire extinguishing systems found to exist as of the effective date of this Ordinance shall be made to conform to the requirements of this Section within 90 days of notification. It shall thereafter be unlawful for any person to maintain or suffer to be maintained any non-conforming restaurant cooking appliance, hood and duct system or fire extinguishing system on any property owned or controlled by said person within the City of Carmel.
32. 
Section 907.1.6 is added to read as follows:
907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within a single protected premises are not permitted, unless specifically authorized by the fire code official.
33. 
Section 907.6.6.5 is added to read as follows:
907.6.6.5 Zone transmittal. Where required by the fire code official, fire alarm signals shall be transmitted by zone to the supervising station and retransmitted by zone to the public fire service communications center.
34. 
Section 907.6.6 is amended to read as follows:
907.6.6 Monitoring. Fire alarm systems required by this chapter, by the California Building Code, or installed voluntarily shall be monitored by a UL-listed central station and shall be documented as UL-certificated central station service systems in accordance with NFPA 72-2010 and this section.
35. 
Section 907.7.2 is amended to read as follows:
907.7.2 Record of completion. A record of completion in accordance with NFPA 72 verifying that the system has been installed and tested in accordance with the approved plans and specifications shall be provided. The following documentation shall be included in the record of completion:
1. A record of completion in accordance with NFPA 72.
2. A contractor's statement verifying that the system has been installed in accordance with the approved plans and specifications, and has been 100% tested in accordance with NFPA 72.
3. A contractor's affidavit of personnel qualifications, indicating that all personnel involved with the installation of the fire alarm system meet the qualification requirements of the fire code official.
35.4. 
Section 907.8.4 is amended to read as follows:
907.8.4 Inspection, testing and maintenance. The building owner shall be responsible to maintain the fire and life safety systems in an operable condition at all times. Access shall be provided to each fire alarm system component for periodic inspection, maintenance and testing. Service personnel shall meet the qualification requirements of NFPA 72 for inspection, testing and maintenance of such systems. Records of inspection, testing and maintenance shall be maintained.
35.6. 
Section 5704.2.9.6.1 is added to read as follows:
Section 5704.2.9.6.1 Outdoor Storage of Containers and Portable Tanks. Storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited except as permitted by the Zoning Ordinance.
Exception:
1. Storage tanks of 500 gallon maximum capacity may be used only in conjunction with emergency generators as approved by the fire chief.
36. 
Alternative energy systems shall be installed in accordance with the California Building, Fire and Electrical Codes as adopted by the City of Carmel-by-the-Sea.
37. 
Section 4907.1.1 is added to read as follows:
4907.1.1 Standard Defensible Space Requirements: Remove combustible vegetation from within a minimum of 100 feet or to the property line from structures, whichever is closer. Vegetation shall be no taller than four inches (4") high. Limb trees 6 feet up from ground. Remove limbs within 10 feet of chimneys. Additional or alternate fire protection approved by the fire code official may be required to provide reasonable fire safety. Environmentally sensitive areas may require alternative fire protection, to be determined by the fire code official and other jurisdictional authorities.
(Ord. 2018-03 § 1 (Exh. A § 4), 2018; Ord. 2020-01 § 1, 2020; Ord. 2022-04 § 2, 2022)