(a) 
Except as stated in this Section, or as amended in Chapter 16.32, the 2025 California Fire Code, including both provisions adopted by the State Fire Marshal (as indicated by a "X") and provisions not adopted by the State Fire Marshal (as indicated by a "†") as set forth in the matrix of each chapter of the 2025 California Fire Code, are hereby adopted by reference and shall apply to the City of Indian Wells. In addition, the following provisions that are were not adopted by the State Fire Marshal in the 2025 California Fire Code are hereby adopted by the City of Indian Wells by reference—Chapter 1, Division II of the 2025 California Fire Code (except that Sections 103.2 and 112.3 are not adopted), Chapters 3 in its entirety, Chapter 25 in its entirety, and Sections 503, 510.2, 1103.2 and 5707.
(b) 
Each and all of the regulations, provisions, conditions and terms therein, on file with the Building Official, are referenced and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter.
(Ord. 766, 11/6/2025)
(a) 
Scope and Administration.
(1) 
Section 101.4 of the California Fire Code is deleted in its entirety and replaced with the following:
101.4 Severability. If any provision, clause, sentence or paragraph of this code or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this code which can be given effect without the invalid provision or application, and to this end, the provisions of this code are hereby declared to be severable.
(b) 
Applicability
(1) 
Section 102.5 of the California Fire Code is amended as follows:
102.5 Application of Residential Code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:
1. 
Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall apply.
2. 
Administrative, operational and maintenance provisions of this code shall apply.
3. 
Automatic fire sprinkler system requirements of this code shall apply to detached accessory buildings 3,000 square feet or greater in accordance with Section 903.2. The provisions contained in Section 903.2.18 of the California Fire Code or Section R317.5.1 of the California Residential Code may be used for the design of the automatic fire sprinkler system for detached accessory structures.
(2) 
Section 102.13.1 is added to the California Fire Code to read as follows:
102.13.1 Application of the California Wildland-Urban Interface Code. Where a conflict exists between the adopted provisions of the California Fire Code and the California Wildland-Urban Interface Code, the more restrictive provisions shall apply.
(c) 
Compliance Agency
(1) 
Section 103.1 of the California Fire Code is amended as follows:
103.1 Creation of Agency. The Indian Wells Office of the Fire Marshal (Riverside County Fire Department) is hereby created and the official in charge thereof shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.
(d) 
Duties and Powers of the Fire Code Official
(1) 
Section 104.1.1 is added to the California Fire Code to read as follows:
104.1.1 Authority of the Fire Chief and Fire Department.
1. 
The Fire Chief, Chief Deputy, or their designee, is authorized and directed to enforce all applicable State fire laws and provisions of this code and to perform such duties as directed by the City Council.
2. 
The Fire Chief, Chief Deputy, or their designee, is authorized to administer, interpret and enforce this code. Under the Fire Chief, Chief Deputy, or their designee's, direction, the Riverside County Fire Department is authorized to enforce ordinances of City of Indian Wells pertaining to the following:
2.1. 
The prevention of fires.
2.2. 
The suppression or extinguishment of dangerous or hazardous fires.
2.3. 
The storage, use and handling of hazardous materials.
2.4. 
The installation and maintenance of automatic, manual and other private fire alarm systems and fire extinguishing equipment.
2.5. 
The maintenance and regulation of fire escapes.
2.6. 
The maintenance of fire protection and the elimination of fire hazards on land, in buildings, structures and other property, including those under construction.
2.7. 
The maintenance of means of egress.
2.8. 
The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials.
3. 
The following persons are hereby authorized to interpret and enforce the provisions of this ordinance and to make arrests and issue citations as authorized by law:
3.1. 
The Unit Chief, Peace Officers and Public Officers of the California Department of Forestry and Fire Protection.
3.2. 
The Fire Chief, Peace Officers and Public Officers of the Riverside County Fire Department and City of Indian Wells.
3.3. 
The Riverside County Sheriff and any deputy sheriff.
3.4. 
The Police Chief and any police officer of any city served by the Riverside County Fire Department.
3.5. 
Officers of the California Highway Patrol.
3.6. 
Peace Officers of the City of Indian Wells, appointed under Chapter 2.22 of the Indian Wells Municipal Code.
3.7. 
Peace Officers of the California Department of Parks and Recreation.
3.8. 
The law enforcement officer of the Federal Bureau of Land Management.
(2) 
Section 104.2 of the California Fire Code is deleted and replaced with the following:
104.2 Determination of compliance. The fire code official shall have the authority to determine compliance with this code, to render interpretations of this code and to develop policies, procedures, guidelines, standards, and information bulletins in order to clarify the application of its provisions. Such interpretations, policies, procedures:
1. 
Shall be in compliance with the intent and purpose of this code.
2. 
Shall not have the effect of waiving requirements specifically provided for in this code.
3. 
Shall be enforceable as part of this code.
(3) 
Sections 104.8 and 104.8.1 of the California Fire Code are deleted in their entirety and replaced with the following:
104.8 Liability. Any liability against Riverside County and City of Indian Wells or any officer or employee for damages resulting from the discharge of their duties shall be as provided by law.
(4) 
Section 104.12 is added to the California Fire Code to read as follows:
104.12 Authority of the Fire Chief to Close Hazardous Fire Areas. Except upon National Forest Land, the Fire Chief is authorized to determine and announce the closure of any hazardous fire area or portion thereof. Upon such closure, no person shall go in or be upon any hazardous fire area, except upon the public roadways and inhabited areas. During such closure, the Fire Chief shall erect and maintain at all entrances to the closed area sufficient signs giving notice of closure. This section shall not prohibit residents or owners of private property within any closed area, or their invitees, from going in or being upon their lands. This section shall not apply to any entry, in the course of duty, by a peace officer, duly authorized public officer or fire department personnel. For the purpose of this section, "hazardous fire area" shall mean public or private land that is covered with grass, grain, brush or forest and situated in a location that makes suppression difficult resulting in great damage. Such areas are designated on Hazardous Fire Area maps filed with the office of the Fire Chief.
(e) 
Fees.
(1) 
Section 108.2 of the California Fire Code is deleted in its entirety and replaced with the following:
108.2 Schedule of Permit Fees. Fees for services and permits shall be as set forth by fee resolution of the City Council.
(2) 
Section 108.7 is added to the California Fire Code to read as follows:
108.7 Cost Recovery. Pursuant to California Health and Safety Code Sections 11374.5(b)(1), 13009 et seq., 25259.4, 25515(a), 25540(a), 25541(a), California Government Code Section 53150 et seq., and all other provisions of law, all costs incurred by the Riverside County Fire Department for the inspection and enforcement of any provision of these Codes, the investigation of any fire, explosion or other hazardous condition, the suppression of fire, the response to a traffic collision or accident, the containment and/or mitigation of a hazardous materials release, and any rescue or rendering of medical or physical aid or assistance, may be charged to any responsible party, any person who violates these Codes or any person who, due to a negligent or unlawful act or omission, is responsible for or requires or causes the emergency response of Riverside County Fire Department. Any expense incurred by the Riverside County Fire Department for such an emergency response shall constitute a debt of such person and shall be collectible by the County in the same manner as in the case of an obligation under contract, express or implied. These provisions shall be applied uniformly against all such persons in violation of a Penal Code, Vehicle Code, Health and Safety Code or other state law statutory violation; only a county official shall have authority to reduce or cancel the debt obligation arising from the incident.
(f) 
Means of Appeals.
(1) 
Section 112.1 of the California Fire Code is amended in its entirety to read as follows:
112.1 Board of Appeals Established. Whenever the Fire Code Official disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of Chapter 16.32 of the Indian Wells Municipal Code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief, Chief Deputy, or their designee, to the City Council within thirty (30) days from the date of the decision appealed. The Fire Chief and Chief Deputy shall be notified of any appeal and the Fire Chief, Chief Deputy or their designee(s) shall be in attendance at the appeal hearing. Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the Appeals Board.
(g) 
Violations.
(1) 
Section 113.4 of the California Fire Code is deleted in its entirety and replaced with the following:
113.4 Violations and Penalties. It shall be unlawful for any person, firm, corporation or association of persons to violate any provision of this code, or to violate the provisions of any permit granted pursuant to this code. Punishments and penalties for violations shall be in accordance with Health and Safety Code Sections 17995 through 17995.5.
(h) 
Definitions.
(1) 
The definition of "Fire Chief" in Section 202 of the California Fire Code is deleted in its entirety and replaced with the following:
FIRE CHIEF. The Fire Chief of Riverside County or the Fire Chief's designee.
(i) 
Open Flames.
(1) 
Section 308.1.7 of the California Fire Code is deleted in its entirety and replaced with the following:
308.1.7 Sky Lanterns or Similar Devices. A person shall not release or cause to be released a sky lantern or similar device.
(j) 
Fire Apparatus Access Roads.
(1) 
Section 503.1.2.1 is added to the California Fire Code to read as follows:
503.1.2.1 Remoteness. Unless otherwise approved, where two fire apparatus access roads are required, they shall be placed a distance apart equal to not less than one-half of the length of the maximum overall diagonal dimension of the property or area to be served, measured in a straight line between accesses.
(2) 
Section 503.2.1 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet (7,315 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm). For additional requirements or alternatives see Riverside County Fire Department Standards and Policies, as may be amended from time to time.
(3) 
Section 503.2.2 of the California Fire Code is deleted in its entirety and replaced with the following:
503.2.2 Authority. The fire code official shall be the only authority authorized to designate fire apparatus access roads and fire lanes and to modify the minimum fire lane access widths for fire or rescue operations.
(4) 
Section 503.6.1 is added to the California Fire Code to read as follows:
503.6.1 Automatic Opener. New motorized gates shall be provided with means to be automatically opened remotely by emergency vehicle in accordance with Riverside County Fire Department standards and Policies, as may be amended from time to time.
Exception: Gates serving individual one- and two-family dwelling parcels.
(5) 
Section 503.7 is added to the California Fire Code to read as follows:
503.7 Loading Areas and Passenger Drop-Off Areas. On private properties, where fire apparatus access roads are utilized for loading or unloading or utilized for passenger drop-off or pick-up, an additional eight (8) feet of width shall be added to the minimum required width for the fire apparatus access road.
(k) 
Fire Protection Water Supplies.
(1) 
Section 507.5.7 is added to the California Fire Code to read as follows:
507.5.7 Fire Hydrant Size and Outlets. As determined by the fire code official, fire hydrant sizes and outlets shall be based on the following:
1. 
Residential Standard – one (1) four (4) inch outlet and one (1) two and one-half (2 1/2) inch outlet.
2. 
Super Hydrant Standard – one (1) four (4) inch outlet and two (2) two and one-half (2 1/2) inch outlet.
3. 
Super Hydrant Enhanced – two (2) four (4) inch outlet and one (1) two and one-half (2 1/2) inch outlet.
(2) 
Section 507.5.8 is added to the California Fire Code to read as follows:
507.5.8 Fire Hydrant Street Marker. Fire hydrant locations shall be visually indicated in accordance with Riverside County Fire Department Guidelines, as may be amended from time to time. Any hydrant marker damaged or removed during the course of street construction or repair shall be immediately replaced by the contractor, developer or person responsible for removal or damage.
(l) 
Fire Command Center.
(1) 
Section 508.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1 General. Where required by other sections of this code and in all buildings classified as high-rise buildings by the California Building Code, in buildings greater than 300,000 square feet in area and in Group I-2 occupancies having occupied floors located more than 75 feet above the lowest level of fire department vehicle access, a fire command center for fire department operations shall be provided and comply with Sections 508.1.1 through 508.1.8.
(2) 
Section 508.1.1 of the California Fire Code is deleted in its entirety and replaced with the following:
508.1.1 Location and Access. The fire command center shall be located adjacent to the main lobby and shall be accessible from fire department vehicular access or as approved by the fire code official. The room shall have direct access from the building exterior at the lowest level of fire department access.
(3) 
Section 508.1.3 of the California Fire Code is amended in its entirety as follows:
508.1.3 Size. The fire command center shall be not less than 0.015 percent of the total building area of the facility served or 200 square feet (19 m2) in area, whichever is greater, with a minimum dimension of 0.7 times the square root of the room area or 10 feet (3,048 mm), whichever is greater.
Where a fire command center is solely required because a building is greater than 300,000 square feet (27,870 m2), the fire command center shall have a minimum size of 96 square feet (9 m2) with a minimum dimension of 8 feet (2,438 mm) where approved by the fire code official.
(m) 
Fire Protection and Utility Equipment Identification and Location.
(1) 
Section 509.2.1 is added to the California Fire Code to read as follows:
509.2.1 Minimum Clearances. A 3-foot (914 mm) clear space shall be maintained around the circumference of exterior fire protection system control valves, or any other exterior fire protection system component that may require immediate access, except as otherwise required or approved.
(n) 
Mechanical Refrigeration.
(1) 
Section 608.11.1.2 of the California Fire Code is deleted in its entirety and replaced with the following:
608.11.1.2 Manual Operation. When required by the fire code official, automatic crossover valves shall be capable of manual operation. The manual valves shall be located in an approved location immediately outside of the machinery room in a secure metal box or equivalent and marked as Emergency Controls.
(o) 
Automatic Sprinkler Systems.
(1) 
Section 903.2 of the California Fire Code is deleted in its entirety and replaced with the following:
903.2 Where Required. In all new buildings and structures which are 3,600 square feet or greater, an approved automatic sprinkler system shall be provided regardless of occupancy classification. Where Sections 903.2.1 – 903.2.21 of the California Fire Code require more restrictive requirements than those listed below, the more restrictive requirement shall take precedence.
1.
All existing buildings, except for one- and two-family dwellings, shall be retrofitted with automatic fire sprinklers when a structure exceeds 3,600 square feet and changes are made to the building including any of the following: change of use/occupancy, removal of an existing fire wall as defined by the California Building Code, or additions of 50% or more are made to the original building area and the resulting square footage exceeds 5,000 square feet.
2.
One- and two-family dwellings shall have an automatic fire sprinkler system regardless of square footage in accordance with the California Residential Code. Fire sprinkler systems shall be installed in mobile homes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance with Title 25 of the California Code of Regulations.
Exception: Unless required elsewhere in this code or the California Building Code, automatic fire sprinkler systems shall not be required for the following:
1.
Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries not required to have an automatic sprinkler system by Section 1207 for energy storage systems and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 711 of the California Building Code, or both.
2.
Detached Group U occupancies used for agricultural purposes.
3.
Detached non-combustible equestrian arena shade canopies that are open on all sides and used for riding only - no commercial, assembly or storage uses.
4.
Non-combustible fueling station canopies not exceeding 10,000 square feet when separated from other buildings by a distance of not less than 50 feet.
5.
Detached fabric or non-combustible shade structures that are open on all sides and used to shade playground equipment, temporary storage of vehicles and dining areas with no cooking.
6.
Where determined by the Fire Chief that no major life safety hazard exists, and the fuel load does not pose a significant threat to firefighter safety or to other structures or property, automatic fire sprinklers may be exempted.
The following exceptions in the California Fire Code shall not be allowed:
a.
Exception in Section 903.2.3.
b.
Exception in Section 903.2.11.3.
(2) 
Section 903.3.5.3 is added the California Fire Code to read as follows:
903.3.5.3 Hydraulically Calculated Systems. The design of hydraulically calculated fire sprinkler systems shall not exceed 90% of the water supply capacity.
(p) 
Commercial Hood and Duct Systems. Section 904.2.2.1 is added to the California Fire Code to read as follows:
904.2.2.1 Activation of the Fire Alarm System. Where a fire alarm signaling system, or a Dedicated Function Fire Alarm System is serving the occupancy where the extinguishing system is located, the actuation of the automatic fire-extinguishing system shall actuate the fire alarm signaling system in accordance with the requirements of NFPA 72. If a fire alarm signaling system, or a Dedicated Function Fire Alarm System is not present, one will be required to be installed to provide monitoring for the automatic fire -extinguishing system.
(q) 
General Fire Protection and Life Safety Features.
(1) 
Section 3206.4.2 is added to the California Fire Code to read as follows:
3206.4.2 Minimum Requirements for Client Leased or Occupant Owned Warehouses. Designs of an automatic sprinkler system for client leased or occupant owned buildings containing high pile storage shall be based on the requirements of NFPA 13. Unless otherwise approved, a Professional Engineer, Licensed in the State of California, shall perform a survey of the building to determine commodity classification, storage configuration, building height and other information related to the development of an appropriate sprinkler system design. The fire protection engineer shall also make reasonable efforts to meet with the building owner or operator to understand seasonal or customer related fluctuations to the stored commodities, storage height, and configuration. The sprinkler design shall be based on the most demanding requirements determined through the onsite survey and discussions with the building owner or operator. The technical report shall describe the basis for determining the commodity and sprinkler design selection, how the commodities will be isolated or separated, and include references to the design document(s). If a specific fire test is used as the basis of design, a copy of the fire test report shall be provided at the time of plan review.
(r) 
Mobile Food Preparation Vehicles.
(1) 
A new Section 4107 is added to Chapter 41 of the California Fire Code to read as follows:
4107 MOBILE FOOD PREPARATION VEHICLES.
(2) 
New Sections 4107.1 through 4107.2.3 are added to Section 4107 of the California Fire Code to read as follows:
4107.1 General. Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this section.
4107.2 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 4107.2.1 through 4107.2.3.
4107.2.1 Exhaust system. The exhaust system, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Section 606.3.
4107.2.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Section 901.6.
4107.2.3 Fuel gas systems. LP-gas containers installed on the vehicle and fuel-gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP-gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer's container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection
(s) 
Fireworks Display.
(1) 
Section 5608.1 of the California Fire Code is amended in its entirety, as set forth in Section 9.53.015 of the Indian Wells Municipal Code:
5608.1 Fireworks Display – General. Outdoor firework displays, use of pyrotechnics before a proximate audience and pyrotechnic special effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks, and this section.
Exception: The sale, offering for sale, discharge, storage, use or handling within the City of Indian Wells, fireworks of any kind, nature or description, including those classified and registered as "safe and sane" by the State Fireworks Law, and any other devices defined as fireworks in the Health and Safety Code of the State of California, Section 12500 et seq., or under California Code of Regulations, Title 19, Division 1, Chapter 6, et seq., without an approved permit and required operator's license is prohibited.
(2) 
A new Section 5608.2 is added to Section 5608 of the California Fire Code to read as follows:
5608.2 Fallout Area. For aerial shells, the minimum required radius of the fallout area shall be 100 ft/in. (22 m/25 mm) of the internal mortar diameter of the largest aerial shell to be fired, unless otherwise approved.
(t) 
Appendix B.
(1) 
A new Section B103.2.1 is added to Section B103.2 of the California Fire Code to read as follows:
B103.2.1 Wildland-Urban Interface Area Subdivisions. The minimum fire flow for any new subdivision or tract constructed within a Wildland-Urban Interface Area shall be 1,500 gallons per minute.
(2) 
Table B105.2 of the California Fire Code is amended as follows:
TABLE B105.2
REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES
AUTOMATIC SPRINKLER SYSTEM
(Design Standard)
MINIMUM FIRE-FLOW
(gallons per minute)
FLOW DURATION
(hours)
No automatic sprinkler system
Value in Table B105.1(2)
Duration in Table B105.1(2)
Section 903.3.1.1 of the California Fire Code
50% of the value in Table B105.1(2)a
Duration in Table B105.1(2) at the reduced flow rate
Section 903.3.1.2 of the California Fire Code
50% of the value in Table B105.1(2)b
Duration in Table B105.1(2) at the reduced flow rate
For SI: 1 gallon per minute = 3.785 L/m.
aThe reduced fire-flow shall be not less than 1,000 gallons per minute.
bThe reduced fire-flow shall be not less than 1,500 gallons per minute.
(u) 
Appendix C.
(1) 
Section C103.1 of the California Fire Code is deleted in its entirety and replaced with the following:
C103.1 Hydrant Spacing. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 503 of the International Fire Code shall be provided with one or more fire hydrants, as determined by Section C102.1. Where more than one fire hydrant is required, the distance between required fire hydrants shall be in accordance with Sections C103.2 and C103.3. Fire hydrants shall be provided at street intersections.
(Ord. 766, 11/6/2025)
Should any aboveground storage system be in violation or non-compliance with this Chapter, a stop use order shall be given. The City may seek criminal or other enforcement penalties as permitted by law. Each day a system is in violation shall be deemed a separate offense. Storage systems taken out of service for less than one-year shall be rendered safe by gas-freeing as approved by the Fire Marshal. Storage systems that are to be abandoned, by being taken out of service for more than a year, shall be rendered safe by gas-freeing and removed.
(Ord. 766, 11/6/2025)
(a) 
It is unlawful to burn any material, structure, matter, or thing in an outdoor fire or incinerator or by similar means unless within an approved and controlled area by the City Building and Safety Division, the Fire Marshal, and the Planning Division (for example, fire places, barbeques and fire pits). No other types of outdoor open fires are permitted unless approved as part of a project's Conditional Use Permit. Any person violating this Section shall be subject to the penalties described in Chapter 1.20 of Title 1 of the Indian Wells Municipal Code.
(b) 
Any outdoor fire appliance is required to have a listing for product safety from a certified testing company, such as Underwriters Laboratories (UL) for the following, but not limited to, appliances: barbeque, fireplace or fire pit. The applicant can submit a field test report as to the safety of the subject appliance to the City to prove the appliance meets safety rating qualifications.
(Ord. 766, 11/6/2025)