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Ordinance 15.65 of BMC Page 1 of 12
ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 15.65 OF THE
BAKERSFIELD MUNICIPAL CODE ADOPTING THE 2025
EDITION OF THE CALIFORNIA FIRE CODE.
WHEREAS, the 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 prope rty 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, 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 i n 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 and the potential for the same results for fires in the winter with potential slower response times; and
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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 preservation of the public peace, health, and safety; and
WHEREAS, the City Council does expressly find and d etermine that the changes and modifications to the 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, 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 Fire Investigations—Amended.
15.65.060 Fire Zones—Added.
15.65.070 Firearms—Added.
15.65.080 Fireworks – Amended
15.65.090 Oil Wells
15.65.100 Section 105.6.1 Automatic fire-extinguishing systems—Amended.
15.65.110 Section 507.5.1.1 Hydrant for Standpipe Systems —Amended.
15.65.120 Section 106.6.7 Fire Alarm and Detection Systems and Related Equipment—Amended.
15.65.130 Section 907.1.5 Fire Alarm Use—Amended.
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15.65.040 Violation Procedure —Amended.
15.65.145 Administrative hearings—Amended.
15.65.150 Pipeline setbacks—Added.
15.65.160 Fire Area —Added.
15.65.170 Appendix C, Section C102.1, Minimum Number of Fire Hydrants for a Building—Amended.
3. Geographic Limits on Flammable Storage
15.65.180 Section 5704.2.9.6.1—Amended.
1. Adoption
15.65.010 Adoption of the California Fire Code, 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 designat ed as the California Fire Code, 2025 Edition, including Appendix Chapter 4, and Appendices B, BB, C, CC, D, E, F, G, H, I, J, K, L, M, N, 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 provided; providing for the issuance of permits and collection of fees therefor; 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
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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).
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 Fire Investigations—Amended.
Section 15.65.050 of the BMC , Fire Investigations, is amended to read as follows:
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 Fire Zones—Added.
Section 15.65.060 of the BMC, Fire Zones, is added to read as follows:
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
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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 Firearms—Added.
Section 15.65.070 of the BMC, Firearms, is added to read as follows:
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 Fireworks - Amended
Section 15.65.080 of the BMC, Fireworks, is amended to read as follows:
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 15.65.090 of the BMC, Oil wells, is added to read as follows:
15.65.090 Oil wells. An operational permit is required to own, operate, maintain or drill an oil or natural gas well, pursuant to Chapter 15.66 of the Bakersfield Municipal Code.
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
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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 said 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 throughout the total building.
15.65.110 Section 507.5.1.1 Hydrant for Standpipe Systems
Section 507.5.1.1 of the CFC, Hydrant for Standpipe Systems , is amended to read as follows:
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.
15.65.120 Section 105.6.7 Fire Alarm and Detection Systems and Related Equipment—Amended.
A. Section 105.6.7 of the CFC, Fire Alarm and Detection Systems and Related Equipment, is amended to read as follows:
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 respo nse 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
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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 the 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.
15.65.130 Section 907.1.5 Fire Alarm Use—Amended.
Section 907.1.5 of the CFC, Fire Alarm Use, is amended to read as follows:
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.
15.65.140 Violation Procedure —Amended.
Section 15.65.140 of the BMC, Violation Procedure, is amended to read as follows:
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 requ iring 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 considerati on 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 othe r action authorized by any
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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 from cooperating with or participating in a proceeding specified in paragraph (2).
15.65.145 Administrative hearings—Amended.
Section 15.65.145 of the BMC, Administrative hearings, is amended to read as follows:
15.65.145 Administrative hearings. Any person served with an order pursuant to Section 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, request 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 this 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 final 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 imposition of an administrative penalty, shall take effect upon issuance by the chief if the chief finds that the violation or violations of law associat ed 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 d etermines that any or all provisions of the order are so related that the public health or safety or the environment can be protected only by immediate compliance with the order as a whole, the order as a whole, except the imposition of an administrative p enalty, 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
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subdivision does not prohibit the court from granting any appropriate relief with in its jurisdiction.
15.65.150 Pipeline setbacks—Amended.
Section 15.65.150 of the BMC, Pipeline setbacks, is amended to read as follows:
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.
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.
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.
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—Amended.
Section 15.65.160 Fire Area of the BMC, Local Amendments to this Code, is amended to read as follows:
15.65.160 Fire Area. For the purpose of this code, where the condition of “The fire area exceeds twelve thousand square feet (1115 m 2)” appears within Section 903.2 et seq., of this code, it shall be amended to read “The fire area exce eds ten thousand square feet (892 m2) including, but not limited to B occupancies.”
Exception: Group R Occupancies.
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:
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
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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.
h. The fire code official is authorized to modify the location. Number and distribution of fire hydrants based on site-specific constraints and hazards.
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
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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.
SECTION 2.
If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be un constitutional, 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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JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council
of the City of Bakersfield
APPROVED:
By:______________________________
KAREN GOH
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Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ______________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
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