HomeMy WebLinkAboutMINUTES - 10012002 - C.34 TO: BOARD OF SUPERVISORS
Contra
FROM: Keith B. Richter, Fire Chief Costa
County
DATE: October 1, 2002121
SUBJECT: Adoption of the 20101 California Fire Code Ordinance for the *77
Board-Governed Fire Protection Districts of Contra Costa County
SPECIFIC REGUESTIS)OR R€COMM€NDATION(S)i BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. SET a public hearing for October 15, 2002, at 9:30 a.m., for the adoption of the 2001
California Fire Code, with amendments.
2. DIRECT the Clerk of the Board to publish notice of the public hearing pursuant to Government
Code 606 in the Contra Costa Times, a newspaper of general circulation in this County.
FINANCIAL IMPACT:
None known at this time.
BACKGROUND:
The revision and publication of the uniform codes is a reoccurring activity which follows a three-year
cycle. Certain amendments to the Uniform Fire Code result in the triennial compilation and
publication of regulations in Part 9 or Title 24 of the California Code of Regulations, the California
Fire Code. Local jurisdictions may adopt the California Fire Code by reference, with amendments.
In keeping with the need to utilize and enforce the most current regulations associated with fire and
life safety, the 20031 California Fire Code is recommended for adoption as the Fire Code for the
Board-governed fire protection districts of Contra Costa County. Few amendments are proposed in
order to retain as much uniformity with statewide fire codes as possible.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
_4.,;::A6COMMENOATION OF COUNTY ADMINISTRATOR ...,_.,.,.RECOMMEW)ATION OF BOARD COMMITTEE
_' APPROVE -OTHER
ACT1*N OF BOgaq ON 0C Tf}BER Q 1 02 APPROVED A$RECOMMENDED OTHER .� ..
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
XX UNANIMOUS(ABSENT } AND CORRECT COPY OF AN ACTION TAKEN
AYE$: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED OCTOBER ,61 , 2002 - -
Contact: Chief Inspector Larry Thude (925) 930-5520 JOHN SWEErEN.CLERK OF THE BOARD OF
cc. County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Contra Costa Fire District, Keith B. Richter, Fire Chief
County Counsel r"
Building Inspection By Di<PUTY
Community Development a
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
COUNTY, C.3
Adopted this Resolution on OCTOBER 01 , 2002 , by the following vote:
AYES: SUPERVISORS UILKEMA, GERBER, DESAUL,NIER, GLOVER, AND GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2002/ -61-1
SUBJECT: Adoption of the 2001 California Fire Code
Ordinance for the Board-Governed Fire (Govt.C. §50022.3)
Protection Districts of Contra Costa County NOTICE OF PUBLIC HEARING
The Board of Supervisors of Contra Costa County RESOLVES THAT:
This Board for the County and as the board of directors of the Crockett-Carquinez, Contra
Costa County, and East Contra Costa Fire Protection Districts of Contra Costa County proposes to
enact an ordinance for each of the aforesaid jurisdictions providing thatein for the adoption the 2001
California Fire Code {California Code of Regulations (CCR), Title 24, Part 9 [based on the 2000
Uniform Fire Code, published by the Western Fire Chiefs Association]) including specified
Appendices, with changes, additions and deletions thereto as set forth in the proposed ordinance.
The proposedordinance provides for the prevention and suppression of fires and conflagrations and
for the protection and preservation of life and property against the hazards of fire and conflagration
with the aforesaid fire protection jurisdictions.
On October--15
, 2002, at 9:30 a.m., in the Chambers of the Board of.supervisors of Contra
Costa County, County Administration Building, Martinez, California, a public hearing will be conducted
upon the proposed enactment of the said ordinance and at the said public hearing any interested
person may appear and be heard.
Copies of the proposed ordinance, and the 2001 California Fire Code are on file with the Clerk
of this Board, and are open to public inspection.
The Cleric of this Board shall cause this resolution to be published pursuant to Government
Code Section 6066 in the Contra Costa Times, a newspaper of general circulation in this County.
I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED: OCTOBER 01, 2002
JOHN SWEETEN,Clerk of the Board of Supervisors
and County Administrator
By Deputy
� 7
Contact: Chief Inspector Larry Thuds 930-5520
cc: Keith B.Richter,Fire Chief
CCC Fire Protection District
County Administrator
County Counsel
Chief Building Official
Director of Planning
Pume Works Director
RESOLUTION NO. 2002/ 611
T:tLRIACodeAdoption113dResoll-FireCod9O2
PROOF OF PUBLICATION eaafatsoF { ;
0015.5 C.C.P.} IVED
suaa�nSoFt OF _ t .
ED
IMrA c��a
fa STATE OF CALIFORNIA ,r°c v t FIN
1! 0C F _ 0
County of Contra Costa TM FIRKOOO9 1 200?
The Board of Supervisors of l :
I am a citizen of the United States and a resident of the
Contra caste Oounty pro-
EF",
-
County aforesaid; I am over the age of eighteen years, and poses to enact an ordl- µ
nota art to or interested in the above-entitled matter. nance prcy[din fpr the
party adoption of the 2001 Call-
fomPa Fire Code with
I am the Principal Legal Clerk of the Contra Costa Times, a i angeOns s, dlVons send t de -
forth
newspaper of general circulation, printed and published at En the proposed ordinance.
2640 Shadelands Drive in the City of Walnut Creek, County p
of Contra Costa,94598. prnprovl asp greaterlsafety
F10 the publiC and uniformity
And which newspaper has been adjudged a newspaper of in fire we within the areas
served by the Board-
general circulation by the Superior Court of the County of emed Fire protection 16is-
Contra Costa, State of California, under the date of October tricts of Contra Costa.
22, 1934.Case Number 19764. county,
On October 18, 2002 at
The notice, of which the annexed is a printed copy (set in 910 a.m.,In the chambers
of Me
type not smaller than nonpareil),has been P MoBrpublished in each Moor Board of sr� ragra,
ten Adm n}f ettion
regular and entire issue of said newspaper and not in any Building, 551 Pine street,
supplement thereof on the following dates,to-wit: Martinez,Caitt°mta,a pub-
IIC hearth,will be Conduct-
ad upon the proposed en-
October 4. 11 actment Cf the said
ordnance,and at said pub-
ear of 2002 pemrd any interested
all in the
Y I hearci, Y appear and be i
l certify (or declare) under penal of a resat 1e days date,efore the
penalty perjury that the above hearing data, at t
foregoing is true and correct, least one copy of the pro- l
posed or nancs and the t
2001 callfomla Fire Code i
Executed at Walnut Cre ,Californi shall be on file with the t
Olerk of thra Board, am ,
On this 11 day o€Octo r,t 2002 open to pubuC inspection, r
By ORDER OF THE BOARD i
.w r��r t.. ...... ....Y...."'...... SUPERVISORS OF i
St tore NSU COSTA
g OCTOBER 1,2002
Con a Costa Times JOHN SWEETEN, CleeK of r
P O Sox 4147 the Board �pf} suppeervfaon; z
and County Admtnletrator r
Walnut Creek,CA 94596 6
(925)935-2525 By:N E.L.Sharp,Deputy P
Pal CCT 6064 t
ush: October
Proof of Publication of: 2002
(attached is a copy of the legal advertisement that published)
BOARD AF
SUPERVIIrSORS OF
COM.COSTA
N pTICS PUB Id
H�tRING. BGARDING
THE FIRS'
The Board of Supervisors of
Cgntrs Costa County prc.
poses to snot an ord-
nance praAdIng for,the
"tlbrt of the"I Calf-
a Fire Code vhth
changes,addlbons and de-
Ietioris thereto seat forth
In the proposed ord Hance.,
The pproposed ordinance
rovidee torr greater safety
thecubic and unlforrnty
In fire Fawe wiinln the areae
servedt Board ov-
emed Fire Proteciion Is-
triots of Contra Costa
County.
On October 15, 2002 at
9:30 a.m.,In the Chambers
Of the Board of Su rvisors,
Morten Ad nisttrrsation
annex;CCalllf®ntispine,Street
ad 11
ordinance.and at"d pub-
pke hearing any interested
h+3atd. may appear and be
At feast 15 days before the
above hearing date, at
#east one copy of the pro-'
ordinance and the
mla Fire a
shag be on fife with the
CIONS of this Board, and
open to pubNc Inspectlon.
i BY ORDER OF THE BOARO
i OF SUPERIASORS OF
CONTRA COSTA
OCTOBER 11 2002
.JOHN SWEETEN, Clerk of
the Board of som
and County Admirils ator
CCT 80� Deputy
Push: October 4, 11,
PUBLISHED IN CONTRA COSTA TIMES
ON OCTOBER 4, 2002
FIRE CODE
ORDINANCES OF THE COUNTY OF CONTRA COSTA (2002- ) AND OF
THE CR.00KETT-CARQUINEZ (2002- ), CONTRA COSTA COUNTY (2002-
AND
2002-ANTI EAST CONTRA COSTA (2002- ) FIRE PROTECTION DISTRICTS OF
CONTRA COSTA. COUNTY, ADOPTING THE 2001 CALIFORNIA FIRE COVE
(CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9) WITH
AMENDMENTS, AND REPEALING ORDINANCE NUMBER 99-45.
The Board of Supervisors of Contra Costa County for the County, and as the Board of
Directors of the Crockett-Carquinez,Contra Costa County and East Contra Costa Fire Protection
Districts,ordains as follows:
Section 1. ADOPTION BY REFERENCE
The 2001 California Fire Code(California Code of Regulations(CCR), Title 24,Part 9 [based on
the 2000 Uniform Fire Code, published by the Western Fire Chiefs Association])including
Appendices I-C,II-A, II-B,II-C, II-E, II-F, II-H,II-I,II-K, III-A,III-AA, III-B, III-BB,III-D,
V-A,VI-A, VI-B, VI-C,VI-D,VI-E,VI-F,VI-G,VI-H,VI-I, VI-J, and VI-K, adopted by this
reference,with the changes, additions, and deletions as set forth in this ordinance, of which Code
at least one (1) copy has been and is now filed in the Office of the Clerk of the Board of
Supervisors of Contra Costa County and the same is hereby adopted and incorporated as fully as
if set out at length herein, and from the date on which this ordinance shall take effect,the
provisions thereof shall be controlling within the limits of this jurisdiction.
Section 2. ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE
PREVENTION
2.1 The 2001 California Fire Code as adopted and amended herein shall be enforced
by the Fire Prevention Division of the adopting Fire Protection District which is hereby
established and which shall be operated under the supervision of the Chief of the Fire Protection
District or County Administrator where no Fire Protection District exists.
Section 3. DEFINITIONS
3,1 "Jurisdiction" shall mean the area within the adopting Fire Protection District or
Contra Costa County.
3.2 "Department" shall mean Fire Protection District or County where appropriate.
3.3 "Board of Fire Commissioners" shall mean the advisory commissioners where
appointed by the supervising authority of the jurisdiction to act as set forth in this ordinance and
by resolutions of the Contra Costa County Board of Supervisors.
3.4 "Division" shall also mean Bureau.
3.5 "Board of Directors" shall mean the Contra Costa County Board of Supervisors.
Section 4. AMENDMENTS TO THE UNIFORM FIRE CODE
The 2001 California Fire Code adopted by reference in Section 1,shall be effective and
the amendments, additions and deletions set forth in this section: Article, Section, Division and
Appendix numbers used below are those of the Uniform Fire Code.
Section 141 General. Section 101 is amended by adding Section 101.10 as follows:
Section 101.10 Applicability. Where not otherwise limited by law,the provisions of
this Code shall apply to vehicles, ships,boats, and mobile vehicles when fixed in a specific
location within the boundaries of this jurisdiction.
Section. 143.1..4 Appeals. Section 103.1.4 is amended as follows:
Section 103.1.4 Appeals.
1. In order to determine the suitability of alternate materials and types of construction
and to provide for reasonable interpretations of the provisions of this ordinance,there shall be
and hereby is created a Board of Appeals.
2. The Board of Appeals shall be composed of the Board of Directors or their designees.
Section 103.2.1.2 Fire Prevention Bureau Personnel and Police. Section 103.2.1.2 is
amended by revising the first paragraph and adding a third paragraph as follows:
Section 103.2.1.2 The Chief and designated members of the Fire District shall have the
powers of peace officers in performing their duties under this Code.
The Chief, or agents authorized by the Chief may issue citations for violations of this
Ordinance in the same manner as a County or City is authorized to do so by Chapter 5C
(commencing with Section 853.5), Title 3,fart 2, of the penal Code.
Section 103.3.2 New Construction and Alterations. Section 103.3.2 is amended by
adding Section 103.3.2.4 as follows:
Section 103.3.2.4 Review of Certain Pens. Whenever required by this Code, plans
shall be submitted to the Fire District for review and acceptance prior to construction. In addition
to plan submittals required by other sections of this Cade,plans may be required whenever any
land is developed and/or building is constructed or unproved which would require:
1. Provision of a water supply for fire protection,
2. Provision of access for fire apparatus;
3. An occupancy for the storage, handling, or use of any hazardous substance, material,
process or device;
4. Occupancies for which a fire department has responsibility for enforcement of laws
or ordinances for fire safety and preservation of property or lives; and/or
5. Provisions to control the spread of fire.
Section 103.4.1 Authorization to Issue Corrective Orders and Notices.
Section 103.4.1.1 General. Section 103.4.1..1 is amended by adding a second paragraph
as follows;
The Chief may order,in writing,the correction, elimination, or abatement of any fire or
life hazard or any violation of this ordinance including the said code and standards incorporated
by reference herein which violation correction is necessary for prevention and suppression of
fires and conflagrations and for the protection and preservation of life and property against the
hazards of fire and conflagration.
Section 103.5 Fee for Plan Review,Inspection and Permits is added as follows:
Section 103.5 Fee for Plan Review,Inspection and Permits. The Chief may
recommend a schedule of non-discriminatory fees to be charged and collected, solely to defray
the fire district's reasonable costs for plan review of fire protection equipment and systems,
including,but not limited to, the plans set forth in Section 103.3.2.4 above; requested or required
inspection services; and issuance of permits. Such fees shall become effective only after the
Board of Supervisors has reviewed and approved the fee schedule. One copy of the approved fee
schedule shall be filed with the Office of the Clerk of the.Board of Supervisors and one copy
filed with the County Administrator's Office. Additional copies shall be kept in the main business
office of the Fire District for reference by and distribution to the public.
Section 202-A is amended as fellows:
ADMINISTRATOR shall mean the County Administrator of Contra Costa County and
that officer's designees and deputies.
Section 204-C is amended by adding as follows:
CENTRAL, BUSINESS DISTRICT is a downtown area of a city, or an area of
business parks,having a cluster of buildings generally 4 or more stories in height.
Section 207-F is amended by revising the definitions of"Facility",and adding "Firetrail"
as follows:
FACILITY (as applied to access and water supply)is a building or use in a fixed
location including exterior storage areas for flammable and combustible substances and
hazardous materials,piers, wharves,tank farms and similar uses.Facility also includes any
structure,establishment or location used for storing,processing or handling materials or
equipment.
FIRETRAIL means a graded firebreak of sufficient width, surface, and design to provide
access for fire personnel and equipment to suppress and to assist in preventing a surface
extension of fires.
Section 220-S is amended by adding as follows:
SUBURBAN AREA.is that area generally designated for single-family residential use
with residential and non-residential uses generally less than 3 stories in height,consisting of
parcels up to 3 acres in size.
Section 222-U is amended by adding as follows:
URBAN AREA is a commercial or residential area having clusters of buildings
generally 1 to 3 stories in height including primarily commercial areas of cities and clusters of
apartment buildings or condominiums, and commercial corridors along arterials major.
Section 902 Fire Department Access. Section 902 is amended by adding a new section
as follows:
Section 902.5 Access to Open Spaces. When access to open land/space or firetrail
systems maintained for public or private use is obstructed by new development,the developer
shall provide alternate acceptable access into the areas for fire personnel and equipment, as
approved by the Chief.
Section 903.3 Type of Water Supply. Section 903.3 is amended by adding a sub
section 1 to read as follows:
Section 903.3.1 Suburban and Rural Water Supply. In areas where public or private
fire mains are not available for the provision of the required fire flow, the Chief may develop a
standard which requires a water supply for fire fighting be provided. In developing this standard,
the Chief may be ,guided by NFPA#1142,2001 Edition(Standard on Fater Supplies for
Suburban and Rural Fire Fighting);NFPA#299, 1997 Edition(Protection of Life and Property
from Wildfire); and Appendix III-A of this Code.
Section 1302.3 False Alarms. Section 1302.3 is amended by adding a last sentence as
follows:
A charge may be assessed for false alarms if a fee schedule ordinance is adopted by the
Board of Supervisors on behalf of the Fire Protection District.
Article 14 Exterior Fire Hazard Control. Article 14 is added in its entirety as
follows:
ARTICLE 14 - EXTERIOR FIRE HAZARD CONTROL
1401 Delegation of Power.
1401.1 This Board as the supervising, legislative and executive authority of this jurisdiction
hereby delegates to the Board of Fire Commissioners of this jurisdiction all its powers,duties and
rights to act pursuant to Part 5 (commencing with Section §14875), Division 12, of the State of
California Health and Safety Code,to clear or order the clearing of land or remove or order the
removal of dry,grass, stubble, brash,rubbish,litter or other flammable material where such
flammable material endangers the public safety by creating a fire hazard. Such fire hazard
abatement shall be conducted in accordance with the provisions of said Part 5 and/or this
Ordinance. In the application of the provisions of said Part 5 to fire hazard abatement proceeding
under this Ordinance and the Fire Protection District Law of 1987, the terms "Board of
Supervisors" or"Board" when used in Part 5, shall mean the Board of Fire Commissioners of this
jurisdiction under this article; and the officers designated in Section §14890 of Part 5 shall mean
the employees of this jurisdiction by the Board of Fire Commissioners of this jurisdiction.
1401.2 If no Board of Fire Commissioners has been appointed for the jurisdiction then this
Board of Supervisors shall retain all its powers, duties and rights to act pursuant to said Part 5.
1401.3 This Board of Supervisors reserves and retains the power to award a contract for such
fire hazard abatement work where the employees of this jurisdiction are not used to perform such
abatement work.
1402 Definitions.
1402.1 "Weeds." Means all weeds growing upon streets or private property in this jurisdiction
and includes any of the following.
1402.1.1 Weeds which bear seeds of a downy or windy nature.
1402.1.2 Sagebrush, chaparral, and any other brush or weeds which attains such large growth as
to become,when dry, a fire menace to adjacent improved property.
1402.1.2.1 "Chaparral." Chaparral consist of woody shrubs which includes the following:
a. Adenostoma Fasciculatum(Chamise)
b. Baccharis pilularis consaguinea(Coyote BrushlGreasewood)
c. Cytisus, Genista, Spartium(Brooms)
d. Erigonum spp. (Buckwheat)
1402.1.3 Weeds which are otherwise noxious or dangerous.
1402.1.4 Poison oak and poison sumac when the conditions of growth are such as to constitute a
menace to the public health.
1402.1.5 Dry grass, stubble,brush, litter or other flammable materials which endanger the public
safety by creating a fire hazard.
1402.2 "Rubbish." Means waste matter, litter,trash,refuse, debris and dirt on streets, or
private property in the jurisdiction which is, or when dry may become, a fire hazard.
1402.3 "Streets." Includes alleys,parkways, driveways, sidewalks, and areas between
sidewalks and curbs.
1402.4 "Person." Includes individuals, firms, partnerships and corporations.
1402.5 "Cost of Abatement." Shall include all expenses incurred by the jurisdiction in its
work of abatement undertaken and administrative costs pursuant to Section 1405 of this
Ordinance.
1403 Weeds and Rubbish A Public Nuisance. This Board hereby declares that all weeds
growing upon private property or streets in this jurisdiction and all rubbish on private property or
streets in this jurisdiction are public nuisances. Such weed nuisance is seasonal and recurrent.
1404 Weeds and Rubbish to be Destroyed or Removed. It shall be unlawful for any person
owning, occupying,renting, managing or controlling any real property in this jurisdiction to
cause or permit any weeds,or to place, cause or permit any rubbish to be or remain on any real
property in this jurisdiction or on portions of streets adjoining such real property to the center line
of such streets.It shall be the duty of every such person to remove or destroy such weeds and/or
rubbish. Destruction by burning within this jurisdiction is unlawful unless the written permission
of the Chief of this jurisdiction is first obtained,and all other applicable permits are obtained
from appropriate governing jurisdictions.
1405 Abatement Procedures.
1405.1 Order to Abate. The Chief of this jurisdiction may order the abatement of the weeds
and rubbish described in Section 1404. On making the order,the Chief of this jurisdiction shall
mail a copy of a notice to the owner of the affected property as the owner's address appears upon
the current and last county equalized assessment roll or as his/her address is known to this
jurisdiction. As an alternative to mailing,a notice may be posted upon the affected property and
published in this jurisdiction,not less than ten(10)days prior to the date of the abatement
hearing. Copies of the posted notice shall be headed with the words "Notice to Abate Weeds and
Rubbish" in letters at least one inch high. The notice shall be in substantially the following form:
NOTICE TO ABATE WEEDS
AND RUBBISH
You are hereby notified that weed and rubbish constitute a fire hazard on the following described
property owned by you:
(Describe property by common street designation,by metes and bounds,
Assessor's code area and parcel number, or by reference to attached map.) You are hereby
notified to remove the weeds and rubbish within fifteen(15) days from the date of this notice. If
you fail to do so, it will be removed by the (name of jurisdiction)Fire
Protection District and the cost of abatement, including administrative costs,will be collected as
property taxes and will be a lien on your property until paid. You are hereby further notified that
the Board of Supervisors has declared that such weeds and rubbish constitute a public nuisance
and that such weeds also constitute a seasonal and recurring nuisance.
You may appear before the Board of Fire Commissioners of this jurisdiction on(time and date)
at place--room, street, address,city)to show cause why this order should not be enforced.
(Signed): (Name of Chief of name of District)
1405.2 Hearing Date. A date for hearing on the notice shall be sent at least ten(10)days after
the date of this notice. The date of the notice is the date on which the notice is placed in the
United States mail or the date on which it is posted on the property. At the hearing,the property
owner or his agent may appear to show cause why the order shall not be enforced. For good
cause shown,the Board of Fire Commissioners may extend the time for compliance with the
order or may rescind the order.
1405.3 Contract Award. If the owner fails to comply with the order,the Chief of this
jurisdiction may have the weeds and rubbish abated,either by employees of this jurisdiction or by
contract. If a contract is awarded, at least three bids shall be publicly solicited and the contract
shall be awarded to the lowest responsible bidder. A contract may include work on more than one
parcel.
Concerning any contract previously awarded as provided above in this subsection and which has
been fully extended as provided in that contract, it may thereafter be extended on its same terms
and conditions for a further period(not to exceed one year)by agreement of the Board of
Supervisors and involved contractor.
1405.4 Abatement Report of Casts. The Fire Chief abating the nuisance shall keep an account
of the cost of abatement in front of or on each separate parcel of land and shall render an
itemized report in writing to the Board of Fire Commissioners showing the cost of removing the
weeds and rubbish on or in front of each separate lot or parcel of land, or both. Before the report
is submitted to the Board of Fire Commissioners,a copy of it shall be posted for at least three
days on or near the chamber door of the Board with a notice of the time and when the report will
be submitted to the Board for confirmation. Said report and notice shall also be posted for the
said three days in two other public places in the District. At the time fixed for receiving and
considering the report the Board of Fire Commissioners shall hear it and any objections of any of
the property owners liable to be assessed for the work of abatement. Thereupon,the Board of
Fire Commissioners may make such modifications in the report as it deems necessary,after
which by order of resolution,the report shall be confirmed. The amounts of the cost, including
administrative costs, for abating the nuisance in front of or upon the various parcels of the land
mentioned in the report as confirmed shall constitute special assessment against the respective
parcels of land, and are a lien on the property for the amount of the respective assessments. Such
lien attaches upon recordation in the office of the County Recorder of the County in which the
property is situated of a certified copy of the Resolution of Confirmation.
14€15.5 Cast Assessments. Upon confirmation of the report of cost by the Board of Fire
Commissioners of this jurisdiction and the recordation of the Resolution of Confirmation by the
Chief, a copy of the report of cost shall be sent to the County Auditor, who shall enter the amount
of the assessments against the parcels. Thereafter the amount of the assessments shall be
collected at the same time and in the same way as County taxes are collected. The owners are
subject to the same penalties and the same procedure and sale in case of delinquency as provided
for ordinary county taxes. All laws applicable to the levy,collection,and enforcement of county
taxes are applicable to these assessment taxes.
1406 Firebreaks/Fueibreaks. In lieu,of ordering abatement as provided in Section
1405,the Chief of this jurisdiction may order the preparation of firebreaks/fuelbreaks around
parcels of property where combustible weeds,crops, or brush are present. In determining the
proper width for firebreaks/fuelbreaks,he shall consider the height of the growth, weather
conditions, topography, and accessibility to the property for fire protection equipment. The
procedure set forth in Section 1401.5.1 for the abatement of weeds and rubbish shall also apply
to the preparation of firebreaks/fuelbreaks.
1407 Subsurface Fire,Penalties Therefore.
1407.1 It is the duty of each person, firm, corporation or association not to permit a peat fire in
or a fire involving combustible vegetable materials under the surface of the natural ground to
remain upon his property. It is hereby declared that it is the duty of any person as herein defined
to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable
material at his own cost and expense.
1407.2 If there exists upon the lands of any person as herein defined a subsurface fire involving
the burning or combustion of peat or vegetable matter and the owner or occupant thereof has not
taken reasonable precautions within a reasonable time to extinguish or minimize such fire or
combustion,this jurisdiction may,in addition to its regular duties to extinguish or minimize such
fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or
combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving
rescue or emergency medical services shall be a charge against said person. The charge shall
constitute a debt of that person and is collectable by the Fire District incurring those costs in the
same manner as in the case of an obligation under a contract, express or implied. (See State of
California Health&Safety Code § 13009)
Section 5204.5.2 Maximum Capacity Within Established Limits. Section
5204.5.2 is amended as follows:
Section 5204.5.2 Maximum Capacity Within Established Limits. Within the limits
established by law restricting the storage of CNG for the protection of heavily populated or
congested commercial areas, any central business district,urban area or suburban area(as defined
by this Code),the aggregate capacity of any one installation shall not exceed 183,000 cubic feet
(5 181974 L)
Section 7701.7.2 Limits Established By Law. Section 7701.7.2 is amended as
follows:
Section 7701.7.2 Limits Established By Law. Storage of explosive materials is
prohibited in any central business district,urban area or suburban area as defined by this Code.
Sections 7902.2.2.1 and 7904.2.5.4.2. Locations Where Aboveground Tanks Are
Prohibited. Sections 7902.2.2.1 and 7904.2.5.4.2 are amended as follows:
Sections 7902.2.2.1 and 7904.2.5.4.2 Locations Where Aboveground Tanks Are
Restricted. Storage of Class I and 11 liquids in aboveground tanks outside of buildings is
restricted in any central business district,urban area or suburban area as defined by this Code.
Section 8001.1.1 General. Section 8001.1.1 is amended by adding subsection
8041.1.1.1 as follows:
Section 8001.1-1.1 Coordinated Enforcement, Where Contra Costa County Health
Services Department is enforcing the California Health& Safety Code and/or county regulations,
the Fire District may coordinate efforts to minimize duplication. Where Contra Costa County
health and safety regulations and fire Code regulations conflict,the more restrictive provisions
shall apply to the extent permitted by law.
Section 8001.3.2 Hazardous Materials Management Plan. Section 8001.3.2 is
amended by adding the following sentence at the end of the Section:
Hazardous material management plans required by the Contra Costa County Health
Services Department may be accepted in lieu of Appendix II-E.
Section 8001.3.3 Hazardous Materials Inventory Statement. Section 8001.3.3 is
amended by adding the following sentence at the end of the Section:
Hazardous material inventory statements required by the Contra Costa County Health
Services Department may be accepted in lieu of Appendix 114E.
Section 8001.3.4 Emergency Response Support Information. Section 8001.3.4 is
added in its entirety immediately following Section 8001.3.3 as follows:
Section 8001.3.4 Emergency Response Support Information. Cabinets for emergency
information storage may be required outside of facilities or buildings to limit the risk to
responders.
Section 8204.2 Maximum Capacity Within Established Limits. Section 8204.2 is
amended as follows:
Section 8204.2 Maximum Capacity Within Established Limits. Within the limits
established by law restricting the storage of LP-gas for the protection of any central business
district,urban area or suburban area as defined by this code, the aggregate capacity of any one
installation shall not exceed a 2,000-gallon (7571 L)water capacity.
Section 5. APPEALS
Whenever the Chief disapproves an application or refuses to grant a permit,or when it is
claimed that the provisions of the Code do not apply or that the true intent and meaning of the
Code have been misconstrued or wrongly interpreted,the applicant may appeal the decision of
the Chief to the Board of Supervisors within 30 days.
Section b. NEW MATERIALS, PROCESSES OR OCCUPANCIES
WHICH MAY REQUIRE PERMITS
The County Administrator,the Chief and the Chief of the Bureau of Fire Prevention shall
act as a committee to determine and specify, 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 Chief of the Bureau of Fire Prevention
shall post such list in a conspicuous place at the Bureau of Fire Prevention and distribute copies
thereof to interested persons. Appeals may be made pursuant to the provisions of Section 5.
Section 7, PENALTIES
7.1 Every person who violates any provision of this ordinance and any provision of the
California Fire Code as adopted by reference herein is guilty of a misdemeanor. 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 ten(10)days that prohibited conditions are
maintained shall constitute a separate offense. The application of the aforesaid penalty shall not
be held to prevent the enforced removal of prohibited conditions.
This section is a declaration of Section 13871 of the Health and Safety Code and is not intended
to create a different or separate penalty.
7.2 The application of the above penalty shall not be held to prevent the enforced
removal of prohibited conditions.
Section 8. REPEAL OF EXISTING ORDINANCES
The following numbered ordinance previously adapted by this Board of Supervisors of
the County Of Centra Costa is hereby repealed: 99-45.
Section 9. VALIDITY
The Board of Supervisors of Contra Costa County hereby declares that should any
section,paragraph, sentence or word of these ordinances or of the 2001 California Fire Code as
adopted and amended herein be declared for any reason to be invalid by a court of competent
jurisdiction,it is the intent of The Board of Supervisors that it would have passed all other
portions of this ordinance independent of the elimination here from of any such portion as may
be declared invalid.
Section IU. EFFECTIVE DATE
This ordinance shall became effective 30 days after passage, and within 15 days of
passage, shall be published once with the names of Supervisors voting for and against it in the
Contra Costa Times,a newspaper published in the County.
PASSED and ADOPTED on ,by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Chairperson of the Board
Attest:
By:
Deputy Clerk
{Seal)
T:1LRT\CodeAdoption\Ord\FireCodoordl nence-2OiD2.FireCode-2401 C FC