The purpose of this Article is to require that minimum fire flow and fire protection standards be met and improvements be provided for certain buildings and structures prior to the issuance of a building permit or relocation permit. These standards and improvements are necessary to protect the health, safety and welfare of the residents of the County and to safeguard property from the damages caused by fire. This Article shall be liberally construed for the accomplishment of this purpose.
(Amended by Ord. No. 3457, effective 4-17-14)
This Article is not the exclusive regulation of fire flow and fire protection standards, improvements and procedures within the County. It shall supplement and be in addition to other regulating statutes, ordinances and standards heretofore or hereafter enacted by the State, the County or other legal entity or agency having jurisdiction.
(Amended by Ord. No. 3457, effective 4-17-14)
Except where the context otherwise requires, the following definitions shall govern the construction of this Article:
(a) 
"Applicant"
shall mean any person who files an application with the Resource Management Agency Director or authorized representative to obtain a building permit or relocation permit of the type specified in Section 7-15-1825 (Scope of Article: Exceptions) of this Article.
(b) 
"Resource Management Agency Director"
shall mean the Resource Management Agency Director or authorized representative of the County of Tulare.
(c) 
"Days"
shall mean calendar days.
(d) 
"Fire flow"
shall mean the rate, pressure and duration of the flow of water available to suppress, contain and control fires within buildings and structures and to protect surrounding property from damages which may result from such fires.
(e) 
"Fire Chief"
shall mean Fire Chief of Tulare County, Fire Warden where applicable, Fire Code Office, Fire Marshall, or authorized representative.
(f) 
"Assistant Director of Public Works"
shall mean the Resource Management Agency Director or authorized representative.
(Amended by Ord. No. 3457, effective 4-17-14)
This Article shall apply to all building permits issued pursuant to Chapter 15 (Building Regulations) and all relocation permits issued pursuant to Article 5 (Relocation of Buildings) commencing with section 7-15-1210 (Definitions) of this Chapter, except permits for the construction of new buildings or structures which are accessory to the main use of the property and which do not exceed five hundred (500) square feet in area.
(Amended by Ord. No. 3147, effective 1-19-96; amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)
No permit of the type specified in Section 7-15-1825 (Scope of Article: Exceptions) of this Article shall be issued by the Resource Management Agency Director or authorized representative until:
(a) 
The Fire Chief or authorized representative, or the Local Appeals Board after an appeal hearing, determines and certifies in writing that the proposed construction or relocation complies with the requirements of this Article.
(b) 
The Assistant Director of the Public Works Branch of the Resource Management Agency certifies in writing that the applicant has entered into an agreement for construction of the improvements required by this Article and deposited the required security when such an agreement and security are required under the provisions of this Article.
(c) 
All Fire Chief or authorized representative inspection fees required by this Article are paid.
(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)
The minimum fire flow and improvement standards shall conform to Appendix B of the California Fire Code.
In areas that do not have a pressurized underground water supply system, the water flow standard shall be NFPA 1142 (Water Supplies For Suburban and Rural Fire) as adopted by Article 22, Sections 7-15-2315 (Adoption of NFPA 1142 – Water Supplies For Suburban and Rural Fire Fighting) and Section 7-15-2320 (Applicability) of this Ordinance Code.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17)
If an applicant determines that it will be unduly burdensome or difficult to comply with the fire flow and improvement standards required by Section 7-15-1835 (Adopted Standards) of this Article, the applicant may apply to provide alternative safeguards, appliances, systems or materials in lieu of full compliance with said fire flow and improvement standards. Said safeguards, appliances, systems or materials may include, but shall not be limited to, automatic detection, alarm and signaling systems, automatic sprinkler, water spray or chemical fire extinguishing systems, standpipes and hose, fixed or portable fire extinguishers, fire resistive building materials, breathing apparatus, or any other fire extinguishing system, appliance or material. Prior to starting a project, an applicant may consult with the Fire Chief, Fire Marshal or authorized representative and ascertain what alternative safeguards, appliances, systems or materials would be acceptable in lieu of full compliance with said fire flow and improvement standards.
(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3499, effective 1-5-17)
An applicant, who desires to provide alternative safeguards, appliances, systems or materials, as authorized by Section 7-15-1840 (Alternative Standards and Improvements) of this Article, may file a written application therefor with the Fire Chief or authorized representative. Said application shall specifically set forth the reasons for any such modification, reduction or alteration and the alternative safeguards, appliances, systems or materials which he wishes to provide. Such application shall be accompanied by a fee as may be adopted by the Board of Supervisors from time to time to defray the expenses of investigating the feasibility of said request. To assist in making the determination to allow use of such alternative safeguards, appliances, systems or materials, the Fire Chief or authorized Representative may require that the alternative fire improvement plans be submitted to an independent engineering firm for the propose of preparing and submitting directly to the Fire Chief or authorized Representative a detailed analysis of the viability of such alternative fire improvement plans. Payment of the services rendered by such firm shall be the responsibility of the applicant.
(Amended by Ord. No. 3457, effective 4-17-14)
The Fire Department plan review staff shall review all applications for permits covered by the provisions of this Article and all applications to provide alternative safeguards, appliances, systems or materials and make such investigation as he deems necessary and appropriate. Upon the basis of the application for a permit, any application to provide alternative safeguards, appliances, systems or materials, any evidence submitted and the results of any investigation, the Fire Department plan review staff shall determine the fire flow and fire protection standards, safeguards, appliances and systems to be complied with and provided by the applicant. The Fire Department plan review staff shall give written notice to the applicant, the Assistant Director Public Works Branch and Resource Management Agency Director or authorized representative of the decision to approve, conditionally approve or disapprove the proposed alternative plans and improvements. The written notice shall specifically provide whether or not the permit shall be issued, whether any conditions shall be attached thereto, whether any of the improvements required must be inspected by the Fire Department staff during or upon completion of installation or construction and, if so, which improvements must be inspected, and whether the applicant is required to enter into an agreement, and the amount of security to be provided in accordance with Sections 7-15-1855 (Agreement) and 7-15-1860 (Security) of this Article.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)
Prior to the issuance of the permit, the applicant shall enter into an agreement with the County, through the Resource Management Agency Director or authorized representative, in compliance with the requirements of Article 19 (Dedications and Improvements) Section 7-15-2005 (Agreement To Construct Improvements) of this Ordinance Code which may thereafter be extended in accordance with Section 7-15-2010 (Extension of the Completing Improvements: Increase in Security: Appeal) of this Ordinance Code. However, such agreement shall only be required if improvements are to be constructed which are not included as part of the building or structure to be built or relocated on the property. Such improvements, not part of the building or structure, shall be installed and made serviceable prior to and during the construction of applicant’s building unless such improvement is otherwise modified or waived by the Fire Chief or authorized Representative. Any improvements which are to be included as part of such building or structure shall be included as conditions of the building permit and no security shall be required. The Resource Management Agency Director or authorized representative shall not issue a certificate of occupancy until said conditions have been fully met and said improvements completely operational.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
Prior to issuance of the permit, the applicant shall provide the Resource Management Agency Director or authorized representative with security in accordance with Article 19 (Dedications and Improvements) Section 7-15-2015 (Security for Improvements) of the Ordinance Code, sufficient to assure that the improvements required by the agreement entered into pursuant to Section 7-15-1855 (Agreements) of the Article are installed and made operational in a satisfactory manner.
(b) 
Where the security provided is in the nature of a financial guarantee, the amount shall be determined by the Fire Chief or authorized Representative. To assist in making such determination, the Fire Chief or authorized Representative may require that the fire improvement plans be submitted to an approved independent engineering firm for the purpose of estimating the cost of the improvements. Payment for the services rendered by such firm shall be the responsibility of the applicant.
(Amended by Ord. No. 3457, effective 4-17-14)
(a) 
Where an agreement and security under Sections 7-15-1855 (Agreement) and 7-15-1860 (Security) of this Article are required, the fees to cover the cost of any required Fire Department inspections shall be paid to and collected by the Resource Management Agency Director or authorized representative prior to or at the time Applicant provides the security required by Section 7-15-1860 (Security).
(b) 
Where the installation or construction of the improvements required under this Article are to be included as part of the conditions of the building permit, the fees to cover the cost of any required Fire Department inspections shall be paid in the same manner and collected at the same time as building permit fees.
(c) 
Unless otherwise provided, the fees that are paid to cover the cost of the Fire Department inspections required under this Article shall be those adopted by the Board of Supervisors by resolution and shall be in addition to the fees for Fire Department review of plans and permit applications established by Article 1 (California Code of Regulations), Section 7-15-1020 (Permit Fees) of this Ordinance Code.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14)
An applicant who wishes to appeal from any determination made by the Fire Marshal or the Resource Management Agency Director, except those made by the Fire Marshal under Section 7-15-1875 (Voluntary Inspections), may do so 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. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)
From time to time, the Fire Department will receive requests for inspections of real or personal property for fire safety or fire insurance purposes unconnected with any permit or entitlement to use addressed by this Article. Such requests shall be subject to the following conditions and requirements:
(a) 
Any person or entity voluntarily requesting a Fire Department inspection unconnected with a permit or County of Tulare land use or entitlement to use approval shall submit a written application for such inspection, which application shall be in the form and contain the information specified by the Fire Department, and shall pay the required inspection fees set out in subsection (c) below. If the person or entity making the request is not the owner of the property to be inspected, the application shall include written permission, in the form required by the Fire Department, from the owner or the owner’s authorized agent for such inspections and for entry onto the property.
(b) 
Each applicant for an inspection shall agree to hold the County and its officers, agents, and employees harmless from any and all causes of action, penalties, liabilities, or loss resulting from the issuance of any reports, statements or letters in regard to the requested inspection or resulting from claims or court actions arising out of any accidents, loss or damage to persons, including the County, its officers, agents and employees, or property, including the property of the County or its officers, agents and employees, occurring as a result of any activities related to and/or undertaken by the County, its officers, agents and employees to carry out the requested inspection, and said agreement shall be set forth in the application form.
(c) 
Unless otherwise provided, the applicant shall pay the fees established by ordinance by the Board of Supervisors by resolution relative to voluntary inspections, which may be amended from time to time.
(d) 
Nothing in this section shall be deemed to make it mandatory for the County or the Fire Department to perform any requested inspection. The decision to accept any application and grant a request for such an inspection shall rest solely with the Fire Department and such application may be rejected or any request may be denied without cause. There shall be no appeals to the Local Appeals Board concerning any decision, finding or activity of the Fire Department under this section.
(Amended by Ord. No. 3407, effective 6-3-10; amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)
Judicial review of a decision of the Local Appeals Board made after a hearing pursuant to this Article, if the decision denies the permit, shall be made pursuant to section 1094.6 of the Code of Civil Procedure. The method of judicial review, the time limits for judicial review, and all of the other provisions of said section 1094.6 shall govern such judicial review. When giving written notice to the applicant that the permit has been denied, the Clerk of the Board of Supervisors shall provide notice to the applicant that the time within which judicial review must be sought is governed by said section 1094.6.
(Amended by Ord. No. 3457, effective 4-17-14; amended by Ord. No. 3559, effective 6-20-19)
The rights, duties and procedures pertaining to the termination of any permit, the annexation of the property on which the required improvements are to be constructed, the failure to complete the work in the manner required and the release of security, shall be in accordance with Article 19 (Dedications and Improvements), Sections 7-15-2045 (Termination of Permit) through 7-15-2060 (Release of Security) of this Chapter.
(Amended by Ord. No. 3457, effective 4-17-14)
The building owner shall be responsible for maintaining and keeping in operating condition all sprinkler systems, fire hydrant systems, standpipe systems, fire alarm systems, portable fire extinguishers and any other fire protective or extinguishing system or appliance which is installed or required to be installed pursuant to this Article. Failure to maintain such fire protective or extinguishing system or appliance in an operating condition shall constitute an infraction.
(Amended by Ord. No. 3457, effective 4-17-14)