§ 9-2. Amendments to California Fire Code.

The following sections of the 2013 California Fire Code are hereby amended or added and adopted as follows:

Section 101.1 is amended to read as follows:

Section 101.1. Title. These regulations shall be known as the Fire Code of the City of Colusa, hereinafter referred to as "this code."

Section 104.11.4 is added to read as follows:

Section 104.11.4. Unauthorized driving across fire hose. No Person shall drive, ride or cause any motor vehicle, motorcycle or other operable equipment to pass over or across any fire hose or coupling while the same is in use at any emergency or training exercise in the city of Colusa, unless such hose is fully protected from injury or damage, or otherwise directed to do so from a duly member of the fire or police department.

Section 104.11.5 is added to read as follows:

Section 104.11.5. Obstruction of access ways. No person shall cause the obstruction of any street, road, lane, path or alley that is intended for the use by fire or police as an unobstructed response route (permanent or temporary) to an area needed to be served by the Police or Fire Departments.

Section 105.1.4 is added to read as follows:

Section 105.1.4. Fees. The City Council may, by ordinance, establish a schedule of fees to be charged and collected for plan review, inspection services, and for the issuance of permits.

Section 105.3.1 is amended to read as follows:

Section 105.3.1. Expiration. A permit issued pursuant to this section shall be renewable annually except when the Fire Chief or the Chief's representative designates a specific time limit of less than one year for any permit.

Section 109.3 is amended to read as follows:

Section 109.3. Violation penalties. Persons who shall violate 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 directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000.00) or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment. Nevertheless, any such violation or offense may be deemed an infraction as defined by Penal Code Section 19 and charged as such at the discretion of the prosecuting attorney, in which event, the punishment therefore shall not be imprisonment, but a fine not to exceed the amounts specified by Government Code Section 36900 as then in effect. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 111.4 is amended to read as follows:

Section 111.4. 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 liable to a fine of not less than $100.00 dollars or more than $500.00 dollars.

Section 3204.3.1.1.3 is amended to read as follows:

Section 3204.3.1.1.3. Location. Containers of cryogenic fluids shall not be located within diked areas containing other hazardous materials.

The storage and use of flammable cryogenic fluids in stationary containers in any amount is prohibited within the limits of the city of Colusa without prior approval. Prior approval requires the submittal of a proposed storage use and will require technical assistance as specified in section 104.7.2.

Section 3404.2.9.6.1.1 is amended to read as follows:

Section 3404.2.9.6.1.1. Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited.

Exception: Storage of Class I and II liquids in tanks above ground and outside of buildings in A, M-1, M-2, C-3, C-3-F, P-F, and O-S zones as defined in Zoning Ordinance No. 191 of the City of Colusa shall be permitted if conforming with all of the following:

1. A permit for installation from the City of Colusa Fire Department is required. If the Fire Chief or his/her representative determines that such an installation is unsafe to the area it is to be installed, a permit will not be issued.

2. Two (2) sets of plans shall be submitted to the City of Colusa Fire Department illustrating all locations of all buildings, property lines, utilities (electrical, plumbing, etc.), location of the vault, distance to the nearest fire hydrant or water supply, fire department access, any height restrictions (a minimum of 13.5 feet of clearance shall be provided), and the foundation pad for the vault. Plans shall be drawn with clarity and to scale. The scale shall be noted on all drawings.

3. Obtain necessary Building Permits for the tank installation.

4. Individual tank capacity shall not exceed 2000 gallons.

5. Aggregate installation capacity per parcel shall not exceed 6000 gallons.

6. Tanks shall not be installed closer than ten (10) feet to a property line that is, or can be, built upon.

7. Tanks shall not be installed closer than ten (10) feet to any building unless the adjacent building is a least 2-hour fire resistive construction. If the adjacent wall is of at least 2-hour fire resistive construction, the distance may be reduced to five (5) feet.

8. The minimum distance between tanks shall be five (5) feet.

9. Tanks must be marked with the product name and the words "FLAMMABLE, KEEP FIRE AND FLAME AWAY". Lettering must be a minimum of 2-inches in height. The dispensing area must have signs posted stating, "NO SMOKING OR OPEN FLAMES ALLOWED WITHIN 25 FEET, STOP YOUR ENGINE DURING FUELING OPERATIONS."

10. The grade of the land shall be such that a fuel spill will drain away from the tank, all building or other exposures, and will not enter the city storm drain or sewer system.

11. A fire extinguisher with a minimum classification of 2A20BC shall be provided and so located that it will not be more than 50 feet from any dispenser.

12. A clearly labeled manually operated pump master switch shall be provided in an approved location, within 75 feet of, but not closer than 15 feet to any dispenser. Where such master switch is not visible from all dispensers, the locations thereof shall be indicated by approved signs. Signs identifying the pump master switch shall be labeled "EMERGENCY PUMP SHUTOFF."

13. Electrical wiring and equipment in the dispensing area shall be installed in accordance with the Electrical Code.

14. Dispensing must be located so that the nozzle, when the hose is fully extended, cannot reach within five (5) feet of any building opening.

15. Vents shall terminate twelve (12) feet above the ground.

16. Vents shall discharge only upward or horizontally.

17. Minimum vent size shall be 1 ¼ inches inside diameter.

18. Vent lines shall not terminate within five (5) feet of building openings nor within five (5) feet of a property line that can be built upon.

19. Vent pipes shall be arranged so that flammable vapors will not enter the building openings, be trapped under eaves or other obstructions, or discharge into hazardous locations.

20. The tank shall be equipped with emergency venting in accordance with the California Fire Code. (Note: The normal vent may be used if engineering data is submitted showing that the vent is adequate for both requirements.)

21. Tank openings for filling and gauging must be covered with vapor tight caps and must be secured against tampering at all times except during filling or gauging operations. Fill pipes must terminate within 6 inches of the bottom of the tank.

22. All tanks shall be approved for Phase I and Phase II Vapor Recovery by the California Air Resources Board.

23. If the installation of the tank is approved, a training program must be provided to employees of the business. The training shall include, but not limited to, the following:

a) Use and care of the tank.

b) Procedures taken in the event of a spill or leak of the product.

c) Training in the use of portable fire fighting equipment.

d) Initial training for new employees.

e) Annual employee retraining program.

Note: It is the intent of this subsection that the business owner/operator comply with the requirements of California Fire Code, Appendix H for Hazardous Materials Inventory Statements (HMIS) and Hazardous Materials Management Plans (HMMP).

24. The tank assembly, including the pump, shall be tested and approved by a nationally recognized testing laboratory. Proof of approval shall be submitted to the Fire Department.

25. Exterior of tank shall be coated with a weather resistive finish.

26. Tanks shall be double wall construction, and shall meet all federal, state and local requirements.

27. The tank shall have the capability for monitoring between primary and secondary containment.

28. Tanks shall be placed on six (6) inch reinforced concrete pads.

29. Pads shall extend beyond tanks at least two (2) inches in all directions.

30. Tanks shall be provided with six (6) inch wide by four (4) inch high concrete supports.

31. Tank openings shall be threaded except for monitoring tube.

32. Tanks assembly shall provide a minimum of 2-hour fire protection for the contents of the tank when exposed to a pool fire for 2-hours in accordance with procedures established in Underwriters Laboratories, Inc. (UL) Standard 1709.

33. Tanks and dispensing unit shall be protected in accordance with Section 312.1 of this code.

34. Posts on access side shall be removable.

35. Above ground fuel tanks are not intended for use in lieu of underground storage tanks at public or private gasoline service stations, and such use is prohibited within the city of Colusa.

36. These tanks may be used outside of the zones listed above under special permit from the Colusa Fire Department in accordance with the following:

a) During large-scale disasters.

b) For fuel for emergency standby generators that are required by federal, state of local laws, ordinances, rules or regulations.

c) At government/quasi-government facilitates where fuel is essential to the operation of that facility of public health, safety or welfare.

Section 3406.2.4.4 is amended to read as follows:

Section 3406.2.4.4. Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in aboveground tanks inside of buildings is prohibited.

Section 307.1.1 is amended to read as follows:

Section 307.1.1. Prohibited open burning. No rubbish, garbage, brush, grass, tree trimmings or other materials shall be burned outside of any building in the City of Colusa.

Exception 1: Burning of agricultural waste is permitted on land devoted to agricultural use which is annexed to the City of Colusa provided that the agricultural use to which land is devoted or the zoning designation is not changed subsequent to annexation. A burn permit is required and may be issued by the Fire Chief or his/her authorized representative and could be subject to revocation for cause at any time.

Exception 2: Any materials approved for burning by the local air pollution control office will be allowed on a case by case basis provided that a burning permit is obtained from the Fire Chief or his/her authorized representative, and an on site inspection is conducted prior to any ignition. Case by case examples include but are not limited to; Fairgrounds, Cemetery, School district, Subdivision clearing, etc.

Exception 3: Outdoor fireplace burning.

Manufactured retail containers sold for the purpose of outdoor burning are allowed and restrictions on their use are:

1. Burning shall be prohibited between 12 midnight to 7:00 am.

2. The size shall be no larger than 3 feet in diameter and has a spark arrestor screen cover for the top.

3. Limited to 3 (three) natural firewood or commercial logs contained to the area intended for burning. Burning of any other materials is prohibited such as tree trimmings, scrap wood, leaves, yard waste, paper, garbage and similar items.

4. The closest edge at least 10 foot distance from any combustible materials, fence, structure or vehicle and not under any tree, canopy or covering when operated.

5. Embers shall be not be emitted.

6. Allowed only in a fenced in side or back yard. If there is no back or side yard that allows for the minimum distance requirements, then they are allowed in the front yard with an additional restriction of the closest edge no closer than 5 foot from the public right-of-way.

7. When in use an adult over the age of 18 shall be in constant attendance.

8. The burning materials shall be completely extinguished when no adult is in attendance.

9. A ready source of water to fully extinguish the fire safely shall be in the immediate area.

Individual outdoor fireplaces are prohibited at multi family residential complexes such as apartment complexes, mobile home and trailer parks. The complex management at their discretion may provide a designated area(s) within the complex for the use of portable outdoor fireplaces complying with the restrictions.

The container at no time shall be used as a "bon fire". Misuse of the outdoor fireplace during burning may result in a written or verbal warning, citation or revocation of use.

Should the Fire Chief or his/her authorized representative determine the operation of the outdoor fire place to be a hazard or objectionable to the community, the fire shall be extinguished.

Section 505.1.1 is added to read as follows:

Numbering for businesses shall be a minimum of 6 inches. In complexes containing numerous buildings, such as an apartment complex, a fire department approved directory board shall be required at the entrance (driveway) to the complex. In some cases more than one directory board may be required. In buildings having multiple (five or more) suite numbers, an approved directory board shall be placed on the wall immediately inside the main entrance.

Section 506.1 is amended to read as follows:

Section 506.1. Key boxes. All new commercial buildings shall have approved key boxes (knox) installed in a manner and location approved by the Fire Chief. When an occupancy contains hazardous materials or is otherwise required to by the Fire Chief to have available on site pre-fire plans, the fire chief may require an approved information box to be installed in an approved location and the enclosed information shall be periodically updated by the occupant. Where access to or within a structure or an area is restricted because of secure openings or immediate access is necessary for live-saving or firefighting purposes, the Fire Chief is authorized to require knox boxes to be installed in an appropriate location.

All existing commercial buildings shall have installed approved key boxes (knox) in a location approved by the Fire Chief when;

1. A change of occupancy type for the building

2. A renovation/remodel or tenant improvement is completed on the building

3. The storage of hazardous materials are on the premises

4. An automatic sprinkler system is installed

5. At the discretion of the Fire Chief

Amend Section 903.2 to read as follows:

Section 903.2. An automatic sprinkler fire extinguishing system shall be installed in the occupancies and locations as set forth in this section. For provisions on special hazards and hazardous materials, see the California Fire Code. An automatic sprinkler system shall be installed:

1. In all new construction in excess of 3,599 square feet;

2. In every existing building except existing single-family dwellings, when:

(a) There are new alterations or repairs within to any existing buildings or structure that would increase the size over 25% and cause the size of the building or structure to exceed 3,599 square feet; or

(b) The building is in excess of 3,599 square feet, and there are alterations or repairs within any period which would cumulatively increase the building size by twenty five percent (25%) from it's existing size at the time of the adoption of this code; or

(c) The building is over 3,599 square feet and where major renovations are being made that are not necessarily increasing the size. Major renovations include movement of walls, ceilings heights, addition of rooms, combining two separated sections of a single building into one non separated use.

Installers of residential automatic sprinkler systems shall hold a C-16 license.

Residential Automatic Sprinkler system external audible flow alarm shall be accompanied by an external visual notification appliance that is readily visible from the street or road fronting the property.

Section 3301.1.1 is added to read as follows:

Section 3301.1.1. Safe and Sane Fireworks. The retail sales and use of "Safe and Sane" fireworks as defined in the California Health and Safety Code are permitted within the city limits of Colusa when all of the requirements set forth in Chapter 9, Article III of the Colusa City Code are met, in addition to the requirements of the Health and Safety Code, Title 19, California Code of Regulations, and the California Fire Code. At the discretion of the Fire Chief, a permit shall be required for the storage of Safe and Sane Fireworks. The site for the retail sale of Sane and Sane Fireworks shall be inspected and approved by the Colusa Fire Department.

Section 3301.1.2 is added to read as follows:

Section 3301.1.2. Manufacturing of explosives. The manufacture of explosives shall be prohibited within the city of Colusa.

Section 3301.1.3 is added to read as follows:

Section 3301.1.3. Storage of explosives. Storage of explosive materials is prohibited within the City of Colusa.

Exception: Small arms ammunition and primers, smokeless powder and black sporting powder stored in accordance with Title 19, California Code of Regulations Section 1550 et seq. The Fire Chief is authorized to limit the quantity of explosive material permitted at any location.

Section 3801.4 is added to read as follows:

Section 3801.4. Propane tanks. The use of propane in place of natural gas is prohibited for residential structures. Propane for the use in outdoor cooking is allowed but the quantity of propane stored on the premises is limited to the equivalent of four 5-gallon tanks. Commercial propane distribution is permitted in certain areas. The commercial use of propane is permitted at the discretion of the Fire Chief.

(Ord. No. 460, § 6, 1-18-2011; Ord. No. 495, § 6, 11-10-2013)