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ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 15.65 OF THE
BAKERSFIELD MUNICIPAL CODE ADOPTING THE 2025
EDITION OF THE CALIFORNIA FIRE CODE.
WHEREAS, the 2022 2025 edition of the California Fire Code (CFC) regulates and governs the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises, provides for the issuance of permits and collection of fees therefor; and
WHEREAS, the City of Bakersfield desires to adopt the CFC, 2022 2025 edition, with amendments necessary to meet local conditions; and
WHEREAS, the local amendments to the CFC are necessary due to local geologic, climatic and topographical conditions which exist in the City of Bakersfield which include conditions conducive to steep terrain, extremely high temperatures and dry conditions in the summer and extremely poor visibility due to Tule fog conditions in the winter; and
WHEREAS, the City of Bakersfield is situated in the southern San Joaquin Valley which is surrounded by the Sierra Nevada Mountains on the east, the Coastal Range on the west, and the Tehachapi Mountains on the south and is subject to periodic seismic activity from earthquake faults associated with those geologic features; and
WHEREAS, the City of Bakersfield typically exceeds temperatures of 90 °F during the summer months of June, July, August, and September and during the winter months typically experiences a high percentage of poor visibility days from zero visibility to 300 feet; and
WHEREAS, the high temperatures, along with dangerously low humidity in the summer, account for the extremely dry conditions related to fire spread and ignitability of fuel and the low visibility in the winter accounts for slower than normal responses and a slower than normal call for additional alarms when needed; and
WHEREAS, the Bakersfield Fire Department has a basic engine company staffing level of three and this is considered the minimal response level for a structure response team based on OSHA regulations pertaining to "2 -in, 2 -out" rules, an additional time restraint may yield increased property damage averages with the end result being a faster fire spread and greater fire intensity in the summer
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and the potential f or the same results for fires in the winter with potential slower response times; and
WHEREAS, if this ordinance is not adopted the City will automatically, by operation of law, be required to abide by the CFC, without the amendments necessary to govern conditions unique to the City of Bakersfield; and
WHEREAS, the failure to adopt such amendments as set forth in the ordinance will cause great hardship in regulating fire protection aspects unique to the City of Bakersfield and thereby threaten the preser vation of the public peace, health, and safety; and
WHEREAS, the City Council does expressly find and determine that the changes and modifications to the 2022 2025 CFC are reasonably necessary because of local geologic, climatic, and topographic conditions.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 15.65 of the Bakersfield Municipal Code is hereby amended to read as follows:
II. Miscellaneous Regulations
Chapter 15.65 CALIFORNIA FIRE CODE
Sections:
1. Adoption
15.65.010 Adoption of the California Fire Code, 2022 2025 Edition.
2. Deletions, Additions and Modifications
15.65.020 Section 101.1 Title—Amended.
15.65.030 Section 102.2.1 Operational Authority—Added.
15.65.040 Section 103 Code Compliance Agency—Amended.
15.65.045 Section 103.1 Creation of Agency—Amended.
15.65.050 Section 104.11 Fire Investigations—Amended.
15.65.060 Section 104.13 Fire Zones—Added.
15.65.070 Section 104.11.1 Firearms—Added.
15.65.080 Section 105.5 Required Operational Permits —Amended— Portions deleted.
15.65.080 Fireworks – Amended
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15.65.090 Oil Wells
15.65.090 15.65.100 Section 105.6.1 Automatic fire-extinguishing systems—Amended.
15.65.095 15.65.110 Section 507.5.1.1 Fire Protection Water Supplies Hydrant for Standpipe Systems —Amended.
15.65.100 15.65.120 Section 105.6.6 106.6.7 Fire Alarm and Detection Systems and Related Equipment—Amended.
15.65.110 15.65.130 Section 907.1.5 Fire Alarm Use—Amended.
15.65.120 15.65.040 Section 112.3.3 Prosecution of violations Violation Procedure —Amended.
15.65.125 15.65.145 Section 112.3.3.1 Administrative hearings—Amended.
15.65.130 Section 112.4 Violation penalties—Amended.
15.65.140 Section 113.4 Failure to comply—Amended.
15.65.150 Section 115 Pipeline setbacks—Added.
15.65.160 Section 116 Fire Area —Added.
15.65.165 Section 3313 Access for firefighting—Added.
15.65.170 Appendix D, Section D103.2 Grade—Amended.
15.65.180 Appendix D, Section D103.3 Turning Radius—Amended.
15.65.190 Appendix D, Section D103.5 Fire Apparatus Access Road Gates— Amended.
15.65.193 15.65.170 Appendix C, Section C102.1, Minimum Number of Fire Hydrants for a Building—Amended.
3. Geographic Limits on Flammable Storage
15.65.195Geographic limits—Added.
15.65.200Section 5806.2—Amended.
15.65.210 15.65.180 Section 5704.2.9.6.1—Amended.
15.65.220Section 5706.2.4.4—Amended.
15.65.230Section 6104.2—Amended.
1. Adoption
15.65.010 Adoption of the California Fire Code, 2022 2025 Edition.
Except as hereinafter modified, that certain document, three copies of which are on file in the office of the city clerk and ex officio of the council of the city of Bakersfield being marked and designated as the California Fire Code, 2022 2025 Edition, including Appendix Chapter 4, and Appendices B, BB, C, CC, D, E, F, G, H, I, J, K, L , M, N, and O, P and Q as published by the International Code Council, be and is hereby adopted as the fire code of the city of Bakersfield, in the state of California, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein
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provided; providing for the issuance of permits and collection of fees there for; and each and all of the regulations, provisions, penalties, conditions and terms of said fire code on file in the office of the city clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions , insertions, deletions and changes, if any, prescribed in Part 2 of this chapter.
2. Deletions, Additions and Modifications
15.65.020 Section 101.1 Title—Amended.
Section 101.1, Title, is amended to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Bakersfield, herein after referred to as the “Fire Code” or “this code.”
15.65.030 Section 102.2.1 Operational Authority—Added.
Section 102.2.1, Operational Authority, is added to read as follows:
102.2.1 Operational Authority. The Fire Code shall be enforced by the fire agency with jurisdictional responsibility for the area as defined in the current memorandum of understanding between the City of Bakersfield and the County of Kern. Such enforcement shall be under the supervision of the chief of the fire department within such jurisdictional responsibility who shall detail or direct members of that agency’s fire department in the enforcement of the Fire Code.
15.65.040 Section 103 Code Compliance Agency—Amended.
Section 103 of the CFC, Code Compliance Agency, is amended to read as follows:
Section 103 Prevention Services Division.
15.65.045 Section 103.1 Creation of Agency—Amended.
Section 103.1 of the CFC, Creation of Agency, is amended to read as follows:
103.1 Creation of Agency. The prevention services division is established within the jurisdiction under the direction of the fire code official. The function of the division shall be the implementation, administration and enforcement of the provisions of the Fire Code as well as the provisions of the California Health and Safety Code and California Code of Regulations related to the Certified Unified Program Agency (CUPA).
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103.2 Appointment. The fire code official shall be appointed by the chief appointing authority of the jurisdiction.
103.3 Deputies . In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the fire code official shall have the authority to appoint a deputy fire code official , other related technical officers, inspectors and other employees. Such employees shall have powers as delegated by the fire code official.
15.65.050 Section 104.11 Fire Investigations—Amended.
Section 104.11 15.65.050 of the CFC BMC , Fire Investigations, is amended to read as follows:
104.11 15.65.050 Fire Investigations. The arson investigation division shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.
15.65.060 Section 104.13 Fire Zones—Added.
Section 104.13 15.65.060 of the CFC BMC, Fire Zones, is added to read as follows:
104.13 15.65.060 Fire Zones. Areas of the City of Bakersfield which represent residential and commercial designations, according to the City of Bakersfield planning department zoning map, will be limited in the storage of flammable and combustible liquids as well as explosive and blasting agents. As follows:
A. Dispensing of fuel from an approved above ground storage tank shall be limited to two thousand gallons.
B. All storage of blasting agents is prohibited in these areas.
15.65.070 Section 104.11.1 Firearms—Added.
Section 104.11.1 15.65.070 of the CFC BMC, Firearms, is added to read as follows:
104.11.1 15.65.070 Firearms. Members of the fire department assigned to the arson investigation division and the deputy fire chief assigned as fire marshal are authorized to carry a loaded firearm on their person when acting as peace officers as defined in Section 830.37 of the California Penal Code, upon the written approval of the fire chief.
15.65.080 Section 105.5 Required Operational Permits —Amended—Portions
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deleted.
Section 105.5 of the CFC, Required Operational Permits, is amended to read as follows:
105.5 Required Operational Permits. The CFC official is authorized to issue operational permits for the operations set forth in Sections 105.5.2 through 105.5.52.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.2 Aerosol products.
Section 105.5.8 of the CFC, Compressed Gases, is amended to read as follows:
105.5.8 Compressed Gases. An operational permit is required for the storage, use or handling at normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table 105.5.9.
Exception: Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
Table 105.5.9. PERMIT AMOUNTS FOR COMPRESSED GASES
TYPE OF GAS AMOUNT (cubic feet at NTP)
Corrosive 200
Flammable (except liquefied petroleum gases) 200
Highly toxic Any Amount
Inert and simple asphyxiant 1,000
Oxidizing (including oxygen) 200
Pyrophoric Any Amount
Toxic Any Amount
For SI: One cubic foot = 0.02832 m3.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.11 Cutting and welding.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.13 Exhibits and trade shows.
15.65.080 Fireworks - Amended
Section 15.65.080 105.5.56 of the CFC BMC, Fireworks, is amended to read as follows:
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105.5.56 15.65.080 Fireworks. An operational permit is required for the sale and use of safe and sane fireworks pursuant to Chapter 8.44 of the Bakersfield Municipal Code.
1. In addition to the permits required by Section 105.6, the following permits shall be obtained from the prevention services division prior to engaging in the following activities, operations, practices or functions:
a. Pyrotechnics and Special Effects. To use pyrotechnic special effects, open flame, use of flammable or combustible liquids and gases, welding, and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial production.
Section 105.5.22 of the CFC, Hazardous materials, is amended to read as follows:
105.5.22 Hazardous materials. An operational permit is required to store, transport on site, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.20 of this code, or pursuant to Chapter 6.11 of the California Health and Safety Code, or for any amount of hazardous waste.
TABLE 105.6.20
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Combustible liquids See Section 105.6.16
Corrosive materials
Gases See Section 105.6.8
Liquids 55 gallons
Solids 500 pounds
Explosive materials See Section 105.6.14
Flammable materials
Gases See Section 105.6.8
Liquids See Section 105.6.16
Solids 100 pounds
Highly toxic materials
Gases See Section 105.6.8
Liquids Any Amount
Solids Any Amount
Oxidizing materials
Gases See Section 105.6.8
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Liquids
Class 4 Any Amount
Class 3 1 gallona
Class 2 10 gallons
Class 1 55 gallons
Solids
Class 4 Any Amount
Class 3 10 poundsb
Class 2 100 pounds
Class 1 500 pounds
Organic peroxides
Liquids
Class I Any Amount
Class II Any Amount
Class III 1 gallon
Class IV 2 gallons
Class V No Permit Required
Solids
Class I Any Amount
Class II Any Amount
Class III 10 pounds
Class IV 20 pounds
Class V No Permit Required
Pyrophoric materials
Gases Any Amount
Liquids Any Amount
Solids Any Amount
Toxic materials
Gases See Section 105.6.8
Liquids 10 gallons
Solids 100 pounds
Unstable (reactive)
materials
Liquids
Class 4 Any Amount
Class 3 Any Amount
Class 2 5 gallons
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Class 1 10 gallons
Solids
Class 4 Any Amount
Class 3 Any Amount
Class 2 50 pounds
Class 1 100 pounds
Water-reactive materials
Liquids
Class 3 Any Amount
Class 2 5 gallons
Class 1 55 gallons
Solids
Class 3 Any Amount
Class 2 50 pounds
Class 1 500 pounds
For SI: One gallon = 3.785 L, One pound = 0.454 kg.
A. Twenty gallons when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of twenty gallons or less.
B. Two hundred pounds when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of two hundred pounds or less.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.23 HPM facilities.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.24 High piled storage.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.25 Hot work operations.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.27 Lumberyards and woodworking plants.
Section 105.5.56 15.65.090 of the CFC BMC, Oil wells, is added to read as follows:
105.5.56 15.65.090 Oil wells. An operational permit is required to own, operate,
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maintain or drill an oil or natural gas well, pursuant to Chapter 15.66 of the Bakersfield Municipal Code. The application for a permit to drill a well shall be accompanied by a plot plan drawn to scale or with dimensions showing all buildings and improvements within a radius of three hundred feet of the exact location of the proposed wellhead. The permit for any new well shall be issued only after it has been determined by field inspectors or by other means that such location for a well complies with the provisions of this code. Such determinations shall be made within a period of five days.
Section 105.5.34 of the CFC, Open burning, is amended to read as follows:
105.5.34 Open burning. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground.
Instructions and stipulations of the permit shall be adhered to. An operational permit is required for the kindling or maintaining of an open fire or a fire on any public street, alley, road, or other public or private ground. Instructions and stipulations of the permit shall be complied with.
Exception: Recreational fires.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.35 Open flames and torches.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.36 Open flames and candles.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.37 Organic coatings.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.39 Places of assembly.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.40 Plant extraction systems.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.48 Storage of scrap tires and tire byproducts.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.50 Tire rebuilding plants.
The following section of the CFC is not adopted as part of this chapter and is deleted:
105.5.51 Waste handling.
The following section of the CFC is not adopted as part of this chapter and is deleted:
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105.5.52 Wood products.
Section 105.5.54 of the CFC, Additional permits, is amended to read as follows:
105.5.54 Additional permits. In addition to the permits required by Sect ion 105.6, the following permits shall be obtained from the prevention services division prior to engaging in the following activities, operations, practices or functions:
1. Production Facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap parties.
2. Pyrotechnics and Special Effects. To use pyrotechnic special effects, open flame, use of flammable or combustible liquids and gases, welding, and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial production.
3. Live Audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 48.
15.65.090 15.65.100 Section 105.6.1 Automatic fire -extinguishing systems — Amended.
Section 105.6.1 of the CFC, Automatic fire -extinguishing systems, is amended to read as follows:
105.6.1 Automatic fire -extinguishing systems. A construction permit is required for installation of or modification to an automatic fire -extinguishing system. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. In buildings where a fully automatic sprinkler protection system exists, and where sa id buildings undergo remodeling and/or alterations or additions, the automatic sprinkler system shall be kept in good operable condition and be extended to include additions, area separation walls notwithstanding. In buildings where an automatic sprinkler system does not exist, and the floor area is increased twenty -five percent or more, throughout the life of the building, and the area exceeds ten thousand square feet, before or after the addition, an automatic sprinkler system shall be installed throughou t the total building.
15.65.095 15.65.110 Section 507.5.1.1 Fire Protection Water Supplies —Amended.
Hydrant for Standpipe Systems
Section 507.5.1.1 of the CFC, Fire Protection Water Supplies Hydrant for Standpipe Systems, is amended to read as follows:
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507.5.1.1 Hydrant for standpipe systems. Building equipped with standpipes and fire department connections installed in accordance with Section 905 shall have a fire hydrant within 40 feet of the Fire department connection.
15.65.100 15.65.120 Section 105.6.6 105.6.7 Fire Alarm and Detection Systems and Related Equipment—Amended.
A. Section 105.6.6 105.6.7 of the CFC, Fire Alarm and Detection Systems and Related Equipment, is amended to read as follows:
105.6.6 105.6.7 Fire Alarm and Detection Systems and Related Equipment. A construction permit is required for installation of or modification to fire alarm and detection systems and related equipment. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. The fire code official shall require an approved fire alarm and detection system be installed in any occupancy with an occupant load of three hundred or more as an “other requirement” pursuant to Section 907.2 of this code.
B. “Fire false alarm” means an alarm system that emits a light or sound or transmits a signal or message resulting in a response by the fire department when the situation does not require such response. Fire false alarms caused as a result of power failure, power surges, or acts of nature which are not the fault of the alarm user or alarm business shall not be considered to be a false alarm.
C. The fire chief may assess a fire false alarm response fee to an alarm user for each fire response to a fire false alarm. The amount of such fee shall be paid by the alarm user in accordance with Chapter 3.70 of this code.
D. A fire false alarm response fee shall not be assessed if the monitoring company or alarm user notifies fire dispatch within five minutes of the alarm onset that a fire response is not necessary and prior to the arrival of fire personnel at the premises.
E. The fire chief shall notify t he alarm user in writing after each fire false alarm. The notification shall include the amount of the false alarm fee assessment for the false alarm, and a description of the appeal procedure available to the alarm user.
F. Any person who is assessed a fire false alarm response fee for a fire false alarm pursuant to this chapter may request a hearing in accordance with Section 15.65.125.
15.65.110 15.65.130 Section 907.1.5 Fire Alarm Use—Amended.
Section 907.1.5 of the CFC, Fire Alarm Use, is amended to read as follows:
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907.1.5 Fire Alarm Use. A fire alarm system shall not be used for any purpose other than fire warning or mass notification and where permitted by NFPA 72. No fire alarm combo panels shall be used within the City of Bakersfield.
15.65.110 15.65.140 Section 112.3.3 Prosecution of Violations Violation Procedure —Amended.
Section 112.3.3 15.65.140 of the CFC BMC, Prosecution of violations Violation Procedure, is amended to read as follows:
112.3.3 Prosecution of violations 15.65.140 Violation Procedure. When the chief finds any buildings, premises, vehicle, storage facility or outdoor area that is in violation of this code, the chief is authorized to issue administrative compliance orders requiring that the violation be corrected and imposing an administrative penalty, in accordance with the following:
1. In establishing a penalty amount and ordering that the violation be corrected pursuant to this section the chief shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or fire safety or the environment, the violator’s ability to pay the penalty, and the deterrent effect that the imposition of the penalty would have on both the violator and the regulated community.
2. All administrative penalties collected from actions brought by the chief pursuant to this section shall be deposited into a special account that shall be expended to fund the activities of the prevention services division in enforcing this code.
3. The chief shall consult with the district attorney, county counsel, or city attorney on the development of policies to be followed in exercising the authority delegated pursuant to this section as it relates to the authority of the chief to issue orders.
Exception: This section does not do any of the following:
1. Otherwise affect the authority of the chief to take any other action authorized by any other provision of law, except the chief shall not require a person to pay a penalty pursuant to this section and pursuant to a local ordinance for the same violation.
2. Restrict the power of a city attorney, district attorney, county counsel, or the Attorney General to bring, in the name of the people of California, any criminal proceeding otherwise authorized by law.
3. Prevent the chief f rom cooperating with or participating in a proceeding specified in paragraph (2).
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15.65.125 15.65.145 Section 112.3.3.1 Administrative hearings—Amended.
Section 15.65.145 112.3.3.1 of the CFC BMC, Administrative hearings, is amended to read as follows:
112.3.3.1 15.65.145 Administrative hearings. Any person served with an order pursuant to Section 112.3.3 15.65.140 who has been unable to resolve any violation with the prevention services division, may within fifteen days after service of the order, reque st a hearing pursuant to this section by filing with the chief a notice of defense. The notice shall be filed with the prevention services office that issued the order. A notice of defense shall be deemed filed within the fifteen -day period provided by thi s section if it is postmarked within that fifteen-day period. If no notice of defense is filed within the time limits provided by this subdivision, the order shall become final.
The hearing decision issued pursuant to this section shall be effective and f inal upon issuance by the chief. A copy of the decision shall be served by personal service or by certified mail upon the party served with the order, or their representative, if any.
Any provision of an order issued under this section, except the imposit ion of an administrative penalty, shall take effect upon issuance by the chief if the chief finds that the violation or violations of law associated with that provision may pose an imminent and substantial endangerment to the public health or safety or the environment. A request for a hearing shall not stay the effect of that provision of the order pending a hearing decision. However, if the chief determines that any or all provisions of the order are so related that the public health or safety or the envir onment can be protected only by immediate compliance with the order as a whole, the order as a whole, except the imposition of an administrative penalty, shall take effect upon issuance by the chief. A request for a hearing shall not stay the effect of the order as a whole pending a hearing decision.
A decision issued pursuant to this section may be reviewed by a court pursuant to Section 11523 of the Government Code. In all proceedings pursuant to this section, the court shall uphold the decision of the chief if the decision is based upon substantial evidence in the record as a whole. The filing of a petition for writ of mandate shall not stay any action required pursuant to Section 110.3.2 or the accrual of any penalties assessed. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction.
15.65.130 Section 112.4 Violation penalties—Amended.
Section 112.4 of the CFC, Violation penalties, is amended to read as follows:
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112.4 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 of not more than one thousand dollars or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
15.65.140 Section 113.4 Failure to comply—Amended.
Section 113.4 of the CFC, Failure to comply, is amended to read as follows:
113.4 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 l iable to a fine of not less than one hundred fifty dollars or more than one thousand five hundred dollars.
15.65.150 Section 115 Pipeline setbacks—Added Amended.
Section 115 15.65.150 of the CFC BMC, Pipeline setbacks, is added amended to read as follows:
115.1 1. Pipeline setbacks. For purposes of this section “high pressure transmission line” is a natural gas pipeline operating at two hundred and fifty pounds per square inch or greater. A gas main or transmission line is a natural gas pipeline operating at sixty pounds per square inch or less.
115.2 2. No portion of a structure including accessory buildings and pools may be built within fifty feet of a high pressure transmission line with thirty-six inches of cover.
115.3 3. No structure may be built within forty feet of a hazardous liquid pipeline bearing refined product, with forty-eight inches or more of cover.
115.4 4. No habitable portion of a structure may be built within thirty feet of a crude oil pipeline operating at twenty percent or greater of its design strength.
15.65.160 Fire Area Section 116—Added. Amended.
Section 116 15.65.160 Fire Area of the CFC BMC, Local Amendments to this Code, is added amended to read as follows:
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116 Local Amendments to this Code.
116.1 15.65.160 Fire Area. For the purpose of this code, where the condition of “The fire area exceeds twelve thousand square feet (1115 m2)” appears within Section 903.2 et seq., of this code, it shall be amended to read “The fire area exceeds ten thousand square feet (892 m2) including, but not limited to B occupancies.”
Exception: Group R Occupancies.
15.65.165 Section 3313 Access for firefighting—Added.
Section 3313 of the CFC, Access for Firefighting, is added to read as follows:
3313 Access for Firefighting. Approved vehicle access for firefighting shall be provided to all construction and demolition projects. Vehicle access shall be provided to within 40 feet of any temporary or permanent fire department connection. Vehicle access shall be provided with an approved material, capable of supporting a 75,000 lbs fire engine and a letter issued to the fire department by a soil engineer with their supporting statement.
15.65.170 Appendix D, Section D103.2 Grade—Amended.
Section D103.2 of the CFC, Grade, is amended to read as follows:
D103.2 Grade. Fire apparatus roads shall not exceed seven percent in grade.
Exception: Grades steeper than seven percent as approved by the chief.
15.65.180 Appendix D, Section D103.3 Turning Radius—Amended.
Section D103.3 of the CFC, Turning Radius, is amended to read as follows:
D103.3 Turning Radius. The minimum turning radius shall be thirty-seven feet.
15.65.190 Appendix D, Section D103.5 Fire Apparatus Access Road Gates — Amended.
Section D103.5 of the CFC, Fire Apparatus Access Road Gates, is amended to read as follows:
D103.5 Fire Apparatus Access Road Gates. Gates securing the fire apparatus roads shall comply with all of the following criteria:
1. The minimum gate width shall be twenty feet (6,096 mm) and a minimum ve rtical
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clearance of thirteen feet six inches is required when the gate is at full open position.
Where there is more than one gate and two or more fire apparatus access roads separated by islands, a minimum horizontal clearance of fifteen feet for each gat e and a minimum vertical clearance of thirteen feet six inches is required when gates are at full open position. Horizontal distance shall be measured perpendicular to the direction of travel on the driveway. Vertical distance shall be measured from the hi ghest elevation of the driveway to the lowest overhead obstruction.
2. Gates shall be of the swinging or sliding type.
3. Construction of gates shall be of materials that allow manual operation by one person.
4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. All new construction of access gates shall be equipped with an automatic opening device which is activated through the wireless activation system utilized on City of Bakersfield owned vehicles for traffic preemption. Installation and maintenance of the wireless activation system on access gate(s) shall be completed by the gate owner. The gate opening device shall have a disconnect feature for manual operation of the gate when the power fails.
6. Manual opening gates shall not be locked with a pa dlock or chain and padlock unless they are capable of being opened by means of forcible entry tools or when a key box containing the key(s) to the lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by the fire code official.
8. A minimum fire apparatus access road length to the gate from the flow line of the public street shall be fifty feet for developments of twenty units or less. For each increment of twenty units thereafter, an additional twenty fe et of storage length for waiting vehicles shall be added to the fire apparatus access road length.
9. Fire apparatus access road requirements and specifications shall be as set forth in Section 503 of this code.
15.65.193 15.65.170 Appendix C, Section C102.1, Minimum Number of Fire Hydrants for a Building—Amended.
Section C102.1, Minimum Number of Fire Hydrants for a Building, is amended to read as follows:
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Ordinance 15.65 of BMC.Redline Page 18 of 21
C102.1 Minimum Number of Fire Hydrants for a Building. The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1.
Table C102.1.
REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS
FIRE-FLOW
REQUIREMENT (gpm)
MINIMUM NUMBER
OF HYDRANTS
AVERAGE SPACING BETWEEN
HYDRANTSa, b, c, f, g (feet)
MAXIMUM DISTANCE FROM
ANY POINT ON STREET OR
ROAD FRONTAGE TO A
HYDRANTd, f, g
1,750 or less 1 500 250
1,751—2,250 2 450 225
2,251—2,750 3 450 225
2,751—3,250 3 400 225
3,251—4,000 4 350 210
4,001—5,000 5 300 180
5,001—5,500 6 300 180
5,501—6,000 6 250 150
6,001—7,000 7 250 150
7,001 or more 8 or moree 200 120
For SI: One foot = 304.8 mm, One gallon per minute = 3.785 L/m.
a. Reduce by 100 feet for dead-end streets or roads
b. Where streets are provided with median dividers that cannot be crossed by fire fighters pulling hose lines, or where arterial streets are provided with four or more traffic lanes and have a traffic count of more than 30,000 vehicles per day, hydrant spacing shall average 500 feet on each side of the street and be arranged on an alternating basis.
c. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1,000 feet to provide for transportation hazards.
d. Reduce by 50 feet for dead-end streets or roads.
e. One hydrant for each 1,000 gallons per minute or fraction thereof.
f. A 50-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1 of the California Fire Code.
g. A 25-percent spacing increase shall be permitted where the building is equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.2 or 903.3.1.3 of the California Fire Code or Section P2904 of the California Residential Code.
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Ordinance 15.65 of BMC.Redline Page 19 of 21
f h. The fire code official is authorized to modify the location. Number and distribution of fire hydrants based on site-specific constraints and hazards.
3. Geographic Limits on Flammable Storage
15.65.195 Geographic limits—Added.
The geographic limits referred to in certain sections of the 2022 2025 CFC are established by the following sections.
15.65.200 Section 5806.2—Amended.
Section 5806.2 of the CFC, Geographical Limits on Flammable Cryogenic Fluids Storage, is amended to read as follows:
Section 5806.2 (Geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): areas of the city of Bakersfield which represent residential and commercial designations according to the city of Bakersfield planning department zoning map.
15.65.210 15.65.180 Section 5704.2.9.6.1—Amended.
Section 5704.2.9.6.1 of the CFC, Geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited, is amended to read as follows:
Section 5704.2.9.6.1 (Geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): areas of the city of Bakersfield which represent residential and commercial designations according to the city of Bakersfield planning department zoning map will be limited in the storage of flammable and combustible liquids as follows:
A. Dispensing of fuel from an approved above ground storage tank shall be limited to two thousand (2,000) gallons tank capacity.
15.65.220 Section 5706.2.4.4—Amended.
Section 5706.2.4.4 of the CFC, Geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited, is amended to read as follows:
Section 5706.2.4.4 (Geographic limits in which the storage of Class I and Class II liquids in above -ground tanks is prohibited): areas of the city of Bakersfield which
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Ordinance 15.65 of BMC.Redline Page 20 of 21
represent residential and commercial designations according to the ci ty of Bakersfield planning department zoning map will be limited in the storage of flammable and combustible liquids as follows:
A. Dispensing of fuel from an approved above ground storage tank shall be limited to two thousand (2,000) gallons tank capacity.
15.65.230 Section 6104.2—Amended.
Section 6104.2 of the CFC, Geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas, is amended to read as follows:
Section 6104.2 (Geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): areas of the City of Bakersfield which represent residential and commercial designations according to the City of Bakersfield planning department zoning map will be limited in the storage of liquefied petroleum gases.
SECTION 2.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of the City of Bakersfield hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
SECTION 3.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER: __________________________________________________________________ ABSTAIN: COUNCILMEMBER: ___________________________________________________________________ ABSENT: COUNCILMEMBER: ____________________________________________________________________
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Ordinance 15.65 of BMC.Redline Page 21 of 21
________________________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield
APPROVED:
By:______________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ______________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
VGK/blf
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