Except as otherwise provided in this Article, the code and regulations known as the 2022 California Fire Code, based on the 2021 International Fire Code and found in Title 24, Part 9 of the California Code of Regulations, including Appendix D – Fire Apparatus Access Roads; Appendix F – Hazard Ranking; Appendix I – Fire Protection Systems – Non-Compliance Conditions; Appendix K – construction requirements for existing ambulatory care facilities; Appendix N – Indoor trade shows and exhibits; Appendix O – temporary haunted houses, Ghost Walks and Similar Amusement Uses; Section 503, Fire Apparatus Access Roads; Section 805, Upholstered Furniture and mattresses in new and existing buildings; and Section 5707, On-Demand Mobile Fueling Operations, are hereby adopted and made part of this Article as if fully set forth herein as the Fire Code of the County of Tulare, and shall hereinafter be referred to as the "California Fire Code."
(Amended by Ord. No. 3227, effective 06-17-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3574, effective 1-16-20; amended by Ord. No. 3618, effective 12-29-2022)
The Fire Chief of the County of Tulare or authorized representatives shall enforce the California Fire Code, including Chapter 50 – Hazardous Materials and Appendix H – Hazardous Materials Management Plan (HMMP) Hazardous Materials Inventory Statement (HMIS) Instructions thereof, within the unincorporated areas of the County. Enforcement issues regarding Chapter 50 and Appendix H not within the purview of the Tulare County Health Certified Unified Program Agency (CUPA) will be enforced by the Tulare County Fire Department.
The Fire Chief of Tulare County and/or the Director of Health and Human Services Agency or authorized representatives shall enforce Chapters 23 – Motor Fuel-dispensing Facilities and Repair Garages and 57 – Flammable and Combustible Materials of the California Fire Code. Nothing in this provision shall be construed to limit or enlarge any enforcement of other authority or responsibility assigned to the Fire Chief or Director of the Health and Human Services Director or their authorized representatives, by any other law, statute, ordinance, resolution, regulation, standard or guideline, either state or local.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)
Whenever any of the following terms are used in the California Fire Code, such terms shall have the following meanings unless clearly indicated as follows, "Fire Chief" as defined in Section 7-15-1010 (Definitions).
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)
The California Fire Code, together with the Appendices thereto, and California Fire Code Regulations, Title 24, Part 9, are hereby amended and changed as follows:
(a) 
Appendix A – Board of Appeals is not adopted.
(b) 
Section 8, Board of Appeals, entire section is not adopted.
(c) 
Part 2 Administrative Provisions, Section 105, Permits, Subsection 105.6.14, Explosives, is amended to read as follows:
105.6.14. Explosives. An operational permit is required for the manufacture, storage, handling, sale, or use of any quantity of explosives, explosive materials, fireworks or pyrotechnic special effects within the scope of Chapter 56 Explosives and Fireworks of California Fire Code, or when a local permit or approval from the Fire Chief is required by
Title 19 Public Safety Division 1 State Fire Marshal Chapter 6 Fireworks or Chapter 10 Explosives, California Code of Regulations.
(d) 
Section 105.6.14 Explosives, Exception is deleted and replaced with the following:
Exception: Small arms ammunition of .75 caliber or less, cartridges for propellant-actuated power devices and cartridges for industrial guns, 20 pounds or less of smokeless powder, 5 pounds or less of black sporting powder providing such smokeless or black sporting powder is for the hand loading of small arms or small arms ammunition.
(e) 
Section 910 Smoke and Heat Removal, Subsection 910.2, where required. Exception 2 is not adopted.
(f) 
Section 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces, Section 307.1 General, Subsection 307.1.1 Waste Material is amended to include read as follows:
Prohibited open burning: Open burning of waste, rubbish, trash, and processed materials is prohibited.
(Amended by Ord. No. 3227, effective 06-17-99; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17; amended by Ord. No. 3574, effective 1-16-20)
The Board of Supervisors may, from time to time, establish by resolution fees to cover the cost of receiving and processing permit applications, performing inspections, issuing permits, covering the costs of processing and hearing appeals and/or enforcement under this Article.
(Amended by Ord. No. 3457, effective 4-17-14)
When any person is affected by the application of these regulations and believes that these regulations are being applied incorrectly, such person may appeal the Fire Department’s or other County Agency’s decision to the Local Appeals Board as provided in section 7-15-1050 of this Code.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)
The Board of Supervisors, upon advice from the Fire Chief, or authorized representatives, shall determine and specify by amendment to this Ordinance Code, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the California Fire Code. The Fire Chief shall post such list in a conspicuous place in the Fire Chief’s office, and distribute copies thereof to interested persons.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)
(a) 
Any person who shall violate any of the provisions of this Code or Regulations hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Appeal or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of:
1. 
An infraction for violation of any provisions, except the provisions of Chapter 56 (regarding Explosive Materials and Fireworks) of the California Fire Code; and/or
2. 
A misdemeanor for violation of any provisions of Chapter 56 (regarding Explosive Materials and Fireworks) of the California Fire Code.
(b) 
Each offense shall be punishable as provided in Section 125 (Violations) of this Ordinance Code.
(c) 
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; and when not otherwise specified, each day the prohibited conditions are maintained shall constitute a separate offense.
(d) 
The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions.
(e) 
The application of the above penalties shall be in addition to any other liabilities imposed by law, including but not limited to the liabilities imposed pursuant to California Health and Safety Code, sections 12700, 12702 (a), 12702 (b), 12702 (c) and 13009 et seq.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3421, effective 2-10-11; amended by Ord. No. 3457, effective 4-17-14)
All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or of the Code or Standards hereby adopted are hereby repealed except as otherwise provided herein.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)