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Chapter 08
CALIFORNIA FIRE CODE
Sections:
15.08.010 Title.
15.08.020 Adoption by Reference of the California Fire Code.
15.08.030 Administration.
15.08.040 Enforcement.
15.08.050 Section 105.1.2 of the CFC Amended; Types of Permits.
15.08.060 Section 105.2 of the CFC Amended; Application.
15.08.070 Section 105.6.8 of the CFC Amended; Compressed Gases.
15.08.080 Section 105.6.10 of the CFC Amended; Cryogenic Fluids.
15.08.090 Section 105.6.16 of the CFC Amended; Flammable and Combustible Liquids.
15.08.100 Section 105.6.25 of the CFC Amended; Lumber Yards and Woodworking Plants.
15.08.110 Section 110.4 of the CFC Amended; Violation Penalties.
15.08.120 Section 312.1 of the CFC Amended; Vehicle Impact Protection.
15.08.130 Section 503 of the CFC Amended; Fire Apparatus Access Roads.
15.08.140 Section 507.5.1 of the CFC Amended; Where Required.
15.08.150 Section 507.5.7 of the CFC Added; Hydrants.
15.08.160 Section 507.5.8 of the CFC Added; Hydrant Identification.
15.08.170 Section 603.8 of the CFC Amended; Incinerators.
15.08.180 Section 603.8.1 of the CFC Deleted; Residential Incinerators.
15.08.190 Section 603.8.2 of the CFC Deleted; Spark Arrestor.
15.08.200 Section 603.8.3 of the CFC Deleted; Restrictions.
15.08.210 Section 603.8.4 of the CFC Deleted. Time of Burning.
15.08.220 Section 903.2 of the CFC Amended; Automatic Fire Sprinkler Systems.
15.08.230 Section 906.9.1 of the CFC Amended; Extinguishers Weighing 40 Pounds of Less.
15.08.240. Section 5001.5.2 of the CFC Amended. Hazardous Materials Inventory Statement.
15.08.250 Section 5003.3.1.4 of the CFC Amended. Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.
15.08.260 Section 5601.2 of the CFC Added; Fireworks Manufacturing.
15.08.270 Section 3308.2 of the CFC Added; Fireworks Public Display.
15.08.280 Section 3308.3 of the CFC Added; “Safe and Sane” Fireworks Sales.
15.08.290 Findings for Changes, Modifications, and Additions to the 2010 California Fire Code Part 9.
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15.08.010 Title.
This Chapter shall be known and cited as the “Ceres Fire Code” and may hereinafter be referred to as “Ceres Fire Code.” Chapter, division, part, section, subsection, and appendix numbers used in sections 15.08.010 through 15.08.209 are those of the California Fire Code or codes adopted therein by reference.
15.08.020 Adoption by Reference of the California Fire Code.
That certain document, one copy of which is on file in the Office of the City Clerk of the City of Ceres being marked and designated as "California Fire Code" hereafter designated as "CFC" Part 9 of Title 24 California Code of Regulations as published by the International Code Council, 2019 2022 Edition, including Appendix Chapter 4 and Appendix B, BB, C, CC, D, E, F, G, I, K, N, O and Division 1 California Administration and Division II scope Administration as published by the International Code Council, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, ha ndling, 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 prov iding penalties for the violation thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said California Fire Code, 2019 Edition, on file in the office of the City of Ceres Building Division is hereby referred to, adopted, and made a part hereof in accordance with, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in this Chapter be and is adopted by reference as the Fire Code of the City of Ceres.
15.08.030 Administration.
This Chapter is to be administered in accordance with Chapter 15.01.040, Administration under General Provisions, unless more specific requirements are given in this Chapter.
15.08.040 Enforcement.
Enforcement of Ceres Fire Code s hall be in accordance with Chapter 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.
15.08.050 Section 105.1.2 of the CFC Amended; Types of Permits.
Section 105.1.2 of the California Fire Code is hereby amended to read as follows:
Section 105.1.2 Types of Permits . Permits required by this Code, see Section 105.1.1 through 105.7.256.24, shall be issued by the fire code official. Permit fees, if any, adopted by the Council of the City of Ceres by Resolution from time to time, affixing a fee for any permit issued pursuant to the Fire Code.
15.08.060 Section 105.2 of the CFC Amended; Application.
Section 105.2 Application. of the California Fire Code is hereby amended to read as follows:
Section 105.2 Application for a permit required by this Code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits ITEM 18
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shall be accompanied by such plans prescribed by the fire code official and applicable fees established by resolution by the Ceres City Council.
15.08.070 Section 105.6.8 of the CFC Amended; Compressed Gases.
Section 105.6.8 of the California Fire Code is hereby amended to read as follows:
Section 105.6.8 Compressed Gases . An operational permit is required for the storage, use, or handling at normal temperatures and pressures of compressed gases in excess of the amounts listed in Table 105.6.8, and to install any piped distribution system for compressed gases, or to install a non-flammable medical gas manifold system. When the compressed gases in use or storage exceed the amounts listed in Table 105.6.8, a permit is required to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a compressed gas system.
15.08.080 Section 105.6.10 of the CFC Amended; Cryogenic Fluids.
Section 105.6.10 of the California Fire Code is hereby amended to read as follows:
Section 105.6.10 Cryogenic Fluids. An operational permit is required to produce, store, transport onsite, use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10.
A construction permit is required to install a cryogenic vessel or piping system for the storage or distribution of cryogens. See also Chapter 55.
Exception: Permits are not required where federal or state regulations apply and for fuel systems of a vehicle.
15.08.090 Section 105.6.16 of the CFC Amended; Flammable and Combustible Liquids.
Section 105.6.16 of the California Fire Code is hereby amended to add the following:
Paragraph 12. To store, handle or use class III-B liquids with a flashpoint of less than 500 degrees F., in excess of 110 gallons.
Paragraph 13. To install, alter, remove, test, abandon, place temporarily out of service or otherwise dispose of any flammable or combustible liquid tank.
15.08.100 Section 105.6.25 of the CFC Amended; Lumber Yards and Woodworking Plants.
Section 105.6.25 of the California Fire Code is hereby amended to read as follows:
Section 105.6.25 Lumber Yards and Woodworking Plants . An operational permit is required to operate any woodworking plant. See Chapter 28.
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15.08.110 Section 110.4 112.4 of the CFC Amended; Violation Penalties.
Section 110.4 of the 2019 California Fire Code, Division II Administration is hereby amended to read as follows:
Section 110.4 112.4 Violations Penalties. People 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 Chief, or of a permit or certificate used under provisions of this code, shall be guilty of an infraction, punishable by fine of not more one hundred thirty dollars ($130.00) for the first conviction, a fine not exceeding seven hundred dollars ($700.00) dollars for a second conviction within a one year period, and a fine of one thousand three hundred dollars ($1,300) for a third conviction within a one year period. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
15.08.120 Section 312.2 of the CFC Amended; Vehicle Impact Protection.
Section 312.2 of the California Fire Code is hereby amended to read as follows:
Section 312.2. Posts. Guard posts or other approved means shall be provided to protect storage tanks and connected piping, valves and fittings; dispensing areas; and use areas subject to vehicular damage. When guard posts are installed, the posts shall be:
1. Constructed of steel not less than six (6) inches in diameter and concrete filled,.
2. Spaced not more than four (4) feet between posts on center,
3. Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter,
4. Set with the top of the posts not less than three (3) feet above ground, and
5. Located not less than five (5) feet from the tank.
15.08.130 Section 503 of the CFC AmendedAdopted; Fire Apparatus Access Roads.
Section 503.5 of the California Fire Code is hereby amended to read as follows:
Section 503.5 Closure of Accessway . The Fire Prevention Bureau is authorized to require the installation and maintenance of gates or other approved barricades across roads, trails or other access ways, not including public streets, alleys or highways.
Section 503.5.1 of the California Fire Code is hereby amended to read as follows:
Section 503.5.1 Secured gates and barricades . When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and ITEM 18
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obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Locks, gates, doors, barricades, chains, enclosures, signs, tags or seals which have been installed by the Fire Prevention Bureau or b y its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner.
Exception: The restriction on use shall not apply to public officers acting within the scope of their duty.
Section 503.5.2 of the California Fire Code is unchanged and remains as adopted.
Section 503.5.3 is added to the California Fire Code and reads as follows:
Section 503.5.3 Control of and Obstruction of Fire Apparatus Access. The required width of a fire apparatus road shall not be obstructed in any manner, including parking of vehicles. Minimum required widths and clearances established by Section 503.2.1 shall be maintained at all times.
Entrances to roads, trails or other access ways that have been closed with gates and bar riers in accordance with Section 503.5.1 shall not be obstructed by parked vehicles.
Section 503.6 of the California Fire Code is hereby amended to read as follows:
Section 503.6 Security Gates. The installation of security gates across from fire apparatus access roads shall be approved by the Fire Chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation system shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325 and ASTM 2200.
Section 503.6.1 is added to the California Fire Code and reads as follows:
Section 503.6.1 Plans and Specifications. Prior to the installation of any gate or other device that will obstruct the access of emergency vehicles or emergency personnel, to any area, the person wishing to install the device shall submit plans and specifications to the Ceres Building Division with rout ing to the Fire Department for plan approval. Plans shall include the following information:
1. Site plan drawn to scale with the following:
a. Property lines.
b. Building footprint(s).
c. Proposed fence, pedestrian gate(s), vehicular gate(s).
d. Non-motorized gates shall include a Knox Key Switch/Knox Box and the proposed location.
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e. Motorized gate systems shall include a "Puck" system with a wire loop in the ground.
ePhysical address.
f. California contractor's license number, company name, address, and telephone number.
2. Product specifications shall be provided which include:
a. Method of operation.
Section 503.6.2 is added to the California Fire Code and reads as follows:
Section 503.6.2 Unguarded gates.
1. If the vehicle gate is for one-way traffic, the gate width must be a minimum of twelve feet.
If the vehicle access gate is for two-way traffic, the gate width must be a minimum of 20 feet in width. A Knox Key Switch must be installed on the "Entrance" and "Exit" side of each gate.
2. The Knox switch on the "Exit" side of each gate can be eliminated if the gate has a "free exit." A "free exit" is a sensor pad in the asphalt that senses the vehicle and automatically opens the gate. If you do not have a "free exit", you shall insta ll a Knox switch on the "exit" side of the gate.
3. You may install one Knox switch on a vehicle access gate provided that the switch is "easily" accessible from both the "exit" and the "entrance" side of the gate. The switch must also be mounted in a locati on that will not cause harm to the firefighters. Please contact the Ceres Fire Department to verify that the location is acceptable prior to installation.
4. You shall install a minimum of one pedestrian walk-thru gate per the complex.
5. All pedestrian walk-thru gates shall swing in the direction of exit travel.
6. The locking hardware on all pedestrian walk-thru gates shall have self-releasing hardware.
The hardware must have either a doorknob or a door handle. Thumb operated deadbolts, double-keyed deadbolts, or combination keypads are not acceptable.
7. When pedestrian walk -thru gates are installed more than ten (10) feet from any vehicle access gate, a Knox Box in required within eighteen (18) inches of the pedestrian walk -thru gate opening.
Section 503.6.3 is added to the California Fire Code and reads as follows:
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Section 503.6.3 Definitions.
1. “Pedestrian gate” means a gate used exclusively for pedestrian ingress and egress.
2. ”Vehicular gate” means a gate for vehicle ingress and egress.
3. ”Residential properties” include single- and multi-family dwellings, such as apartments and condominiums.
4. ”Gated community development” means a community that may consist of single- or multi- family dwellings, or other accessory uses, that are enclosed within a geographical area by restrictive gates.
15.08.140 Section 507.5.1 of the CFC Amended; Where Required.
Section 507.5.1 of the California Fire Code is hereby amended to read as follows:
Section 507.5.1 Distribution of Fire Hydrants. Fire hydrants shall be nominally spaced every 500 linear feet in residential areas comprised of single -family dwellings. In commercial or industrial areas, and in residential areas containing condominiums, townhouses, or apartments, fire hydrants shall be nominally spaced every 300 feet. The Fire ChiefFire Code Official may require that fire hydrants be placed at closer intervals to conform to street intersections, unusual street curvatures, or fire flow requirements.
Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternative or staggered positions so that hydrants will not be directly opposite from each other.
Exception: For Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 the distance requirements shall be not more than 600 feet (183 m).
15.08.150 Section 507.5.7 of the CFC Added; Hydrants.
Section 507.5.7 of the California Fire Code is hereby added to reads as follows:
Section 507.5.7 Hydrants. The Fire ChiefFire Code Official is authorized to determine the types of hydrants acceptable for installation. In areas where public or private water mains are not available for the provision of required fire flow, the Fire Chief may require that water supply for firefighting be in accordance with NFPA Standard # 1142, 2017 Edition (standard on Water Supplies for Suburban and Rural Fire Fighting).
15.08.160 Section 507.5.8 of the CFC Added; Hydrant Identification.
Section 507.5.8 of the California Fire Code is hereby added to read as follows:
Section 507.5.8 Hydrant Identification. All fire hydrants shall be identified with a blue pavement marker which is raised and reflective.
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15.08.170 Section 603605.8 of the CFC Amended; Incinerators.
Section 603.8 of the 2019 California Fire Code is hereby amended to read as follows:
Section 603.8. Incinerators. The use of incinerators is prohibited inside the City limits of Ceres.
Exception: Incinerators used by state-licensed facilities for the cremation of human or pet remains.
15.08.180 Section 603605.8.1 of the CFC Deleted; Residential Incinerators.
Section 603605.8.1 of the California Fire Code is hereby deleted.
15.08.190 Section 603605.8.2 of the CFC Deleted; Spark Arrestor.
Section 603605.8.2 of the California Fire Code is hereby deleted.
15.08.200 Section 603605.8.3 of the CFC Deleted; Restrictions.
Section 603605.8.3 of the California Fire Code is hereby deleted.
15.08.210 Section 603605.8.4 of the CFC Deleted. Time of Burning.
Section 603605.8.4 of the California Fire Code is hereby deleted.
15.08.220 Section 903.2 of the CFC Amended. Automatic Fire Sprinkler Systems.
Section 903.2 of the California Fire Code is hereby amended to read as follows:
Section 903.2 Where required.
1. New Construction.
An approved automatic fire sprinkler system is required in the locations described in Sections 903.2.1 through 903.2.12 in all new buildings and structures constructed on or after the effective date of this ordinance, notwithstanding the use and occupancy thereof, when the total floor area under one roof exceeds five thousand (5,000) square feet. Fire area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems required by this section. (a) When automatic sprinkler systems are required by the Ceres Municipal Code or the 2019 California Fire Code for certain uses and/or occupancies, the requirements of Section 903.2 of the 2019 California Fire Code shall also apply.
Exception: Carports, sheds, tanks, towers and agricultural buildings.
2. Existing Buildings and Structures.
An approved automatic fire sprinkler system shall be installed in the locations described in Section 903.2.1 through 903.2.12 in all existing buildings and structures when the value of additions, alterations or repairs are made within any twelve -month period that exceed fifty (50) percent of the current county assessed valuation for improvements only in the existing building ITEM 18
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or structure that exceeds five thousand (5,000) square feet or additions result in said building or structure exceeding five thousand (5,000) square feet.
1. Exception: Carports, sheds, tanks, towers and agricultural buildings.
2. Each portion of an existing building or structure separated by one or more fire walls, constructed in accordance with the current adopted edition of the Building Code, when each portion does not exceed five thousand (5,000) square feet.
15.08.230 Section 906.9.1 of the CFC Amended; Extinguishers Weighing 40 Pounds or Less.:
Section 906.9.1 of the California Fire Code is hereby amended to read as follows:
Section 906.9.1. Extinguishers Weighing 40 Pounds or Less. Portable fire extinguishers having a gross weight not exceeding forty (40) lbs. (18 kg) shall be installed so that their tops are not more than four (4) feet above the floor.
Existing Installations. Portable fire extinguishers shall only be required to be lowered during tenant improvements.
15.08.240 Section 5001.5.2 of the CFC Amended. Hazardous Materials Inventory Statement.
Section 5001.5.2 of the 2019 California Fire Code is hereby amended by adding the following:
10. Key Box. When required by the Fire Code Official, an approved key box, sized to contain emergency information, (HMMP, HMIS, and Material Safety Data Sheets) shall be provided.
15.08.250 Section 5003.3.1.4 of the CFC Amended. Deposits of Hazardous Materials; Cleanup, Abatement, or Mitigation Required; Liability for Costs.
Section 5003.3.1.5 of the 2019 California Fire Code is hereby added to read as follows:
Section 5003.3.1.5. Responsibility for Cleanup. The person, firm or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Chief Fire Code Official , cleanup can be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.
For purposes of this secti on, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cos t of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs under this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.
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Responsibility for Cleanup. The person, firm or corporation responsible for an unauthorized discharge shall initiate and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the Fire Code Official, cleanup may be initiated by the Fire Department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the u nauthorized discharge. The remedy provided by this section shall be in addition to any other remedies provided by law.
For purposes of this section, costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including worker's compensation benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City; and cost of any contract labor and materials. The authority to recover costs und er this section shall not include actual fire suppression services that are normally or usually provided by the Fire Department.
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15.08.260 Section 5601.1 of the CFC Amended; Scope.
Section 5601.1 of the California Fire Code is hereby amended to read as follows:
Section 5601.1. Scope. The provisions of this chapter shall govern the possession, storage, handling, sale and use of explosives, explosive materials, fireworks, rockets, emergency signaling devices, and small arms ammunition. The manufacturing of fireworks is prohibited in the City of Ceres. The term "Fireworks" shall be as defined by the Health and Safety Code section 12511.
15.08.270 Section 5608.2 of the CFC Added; Fireworks Display.
Section 5608.2 of the California Fire Code is hereby added to read as follows:
Section 5608.2. Fireworks Display.
Section 5608.2.1 Permit. Every permit application for approval to conduct a public display of fireworks shall be accompanied by a non -refundable fee as established by resolution of the City Council from time to time.
Section 5608.2.2Approval. The Fire Chief may grant the permit as applied for, or with conditions thereto, unless he/she finds that to do so would be contrary to the public health, safety, or welfare.
The decision of the Fire Chief shall be in writing and shall be mailed, postage prepaid, to the applicant.
Section 5608.2.3 Appeal Process. The decision of the Fire Chief, in acting on an application for permission to conduct a public display in accordance with the provisions of this Section may be appealed to the City Manager. Notice of an appeal of the Fire Chief’s decision shall be filed by the applicant, with the City Clerk, within ten (10) days after the date of the decision. Upon failure to file such notice within the ten-day period, the action of the Fire Chief shall be final and conclusive.
The applicant may appeal the decision of the City Manager to the City Council by filing a notice of appeal to the City Clerk within ten (10) days after the date of the City Manager decision. Upon failure to file such notice within the ten -day period, the action of the City Manager, or his/her designee, shall be final and conclusive.
15.08.280 Sales, Storage, Use, and Handling of Fireworks.
Section 5608 of the 2022 California Fire Code is hereby amended by adding the following:
5608.6 General. Sales, storage, use, and handling of fireworks shall be in accordance with this chapter.
1. Sales. Retail sale or display with the intent to sell fireworks is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks within the City of Ceres, by State of California licensed retailers, provided a permit to sell those fireworks has been approved and obtained from the Fi re Code Official. Fireworks may be sold or offered for sale from 12:00 noon to 10:00 p.m. on June 28, 9:00 a.m. to 10:00 p.m. on June 29 through July 5, and 9:00 a.m. to 12:00 noon on July 6.
The storage of fireworks within the City of Ceres is limited to State of California Fire Marshal-approved and labeled "Safe and Sane" fireworks by State of California licensed wholesalers and retailers. (A) Wholesale Storage. Wholesalers may store "Safe and Sane" fireworks within the City of Ceres solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with H3 occupancy classification requirements as defined by the 2022 California Building Code.
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(B) Retailers Storage. Retailers may store "Safe and Sane" fireworks within the City of Ceres solely during the period of June 22 through July 15 of each year. "Safe and Sane" fireworks that are not being sold or displayed with the intent to sell, shall be stored solely in the following manner:
(1) Within the permitted fireworks stand with a responsible adult on the premises at all times. (2) In a completely enclosed and locked utility type trailer constructed of one -fourth (1/4) inch plywood or other approved noncombustible material.
(3) In a completely detached garage on residential property with a minimum ten (10) feet clearance from other structures or property lines. There shall be no open-flame or spark producing equipment, or Class 1 flammable liquids stored or used within the g arage. (4) Fireworks shall not be stored within forty (40) feet of any building classified or used as a public or private school, day care facility, residential care facility, hospital, place of detention, public oil/gas station, or public garage, or any place of public assembly that can accommodate fifty (50) or more persons.
(5) In an approved and permitted fireworks warehouse.
2. Operator Safety. Each year, one (1) or more representatives from each organization, that is granted a permit to sell fireworks, shall attend a stand operator safety seminar conducted by the Fire Code Official and the fireworks industry. Failure to attend the seminar shall result in the revocation of the organization's permit to sale fireworks for that calendar year.
3. Temporary Fireworks Stands.
(1) All retail sales of "Safe and Sane" fireworks shall be permitted only from within a temporary fireworks stand and sales from any other building or structure is hereby prohibited. (2) City Business License, Fire Department Permit and State License shall be displayed in the fireworks stand during hours of operation.
(3) Temporary fireworks stand shall not be set up before application for permit has been approved no earlier than June 14.
(4) The fireworks stands shall be located at least twenty (20) feet from other structures. (5) Zoning of property, in which the fireworks stand will be located, shall be in accordance with Section 10 -
2.2330 of the Modesto Municipal Code.
(6) Fireworks shall not be stored, sold, offered for sale, or discharged within one hundred (100) feet of a location where gasoline, LPG, other class 1 flammable liquids or flammable gasses are stored or dispensed.
(7) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on the 6th day of July.
(8) The fireworks stand shall be removed from the temporary location by 12:00 noon on the 12th day of July, and all accompanying litter shall be cleared from said location by said time and date. (9) A penalty of one hundred dollars ($100.00) per day will be assessed to the permittee of any fireworks stand not removed by 12:00 noon on the 12th day of July.
4. Safety Precautions.
(1) No person under the age of eighteen (18) shall sell, or handle for sale, any classificatio n of fireworks. (2) No person under the age of eighteen (18) shall purchase or be allowed to purchase any classification of fireworks.
(3) Smoking, open-flame, and spark-producing equipment shall be prohibited for a distance of twenty (20) feet around any fireworks stand.
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(4) Dry grass, weeds, trash, and other combustible material shall be removed for a distance of twenty (20) feet around any fireworks stand.
(5) Fireworks shall not be discharged within fifty (50) feet of a fireworks stand.
5. Stand Construction.
(1) Merchandise may be displayed in approved glass enclosed counters or showcases, or (2) Merchandise may be displayed in stands constructed in the following manner:
(A) Walls and roof shall be of plywood at least one-fourth (1/4) inches thick or of an approved noncombustible material.
(B) The stand shall be provided with a roof.
(C) Walls shall extend to a minimum height of six (6) feet eight (8) inches, on at least three (3) sides.
These three (3) sides shall be without openings, except for an exit d oor. (D) An exit door with a minimum size of twenty-four (24) inches in width and six (6) feet in height shall be provided in each stand. Exits shall be maintained clear and unobstructed at all times. (E) The front wall of the stand shall provide a physical barrier not less than eighteen (18) inches in height between the public and the merchandise on display. (F) Approved "NO SMOKING" signs shall be prominently displayed in and on the stand. (G) Approved "NO SALES TO PERSONS UNDER THE AGE OF 18" signs shall be prominently displayed in the stand.
(H) An approved fire extinguisher having a minimum classification of 2A10BC shall be located in the stand, near the exit and readily accessible.
(I) Sellers of fireworks shall comply with all rules and regulations of Title 19 of the California Code of Regulations and with the rules and regulations of the Fire Code Official. (J) Stands will be limited to twenty-four (24) feet by eight (8) feet or one hundred ninety-two (192) square feet in size. Pre-existing stands as identified by the fireworks suppliers shall retain the right to operate their oversized stands, without change, until said stand or organization forfeits or loses their operating permit. A copy of said list shall remain on file with the Fire Code Official.
6. Operation of Fireworks Stand Only by Permittee.
(1) It is unlawful for the permittee organization to allow any person or entity other than the permittee organization to operate the fireworks stand for which the permit is issued, wheth er by agreement, assignment or otherwise, or to otherwise participate in the profits of the operation of such fireworks stand. Violations will result in the immediate loss of the organization's permit. (2) It is unlawful for a non-profit organization to allow any person other than the individuals who are members of the permittee organization, their spouses or adult children, or volunteers to whom no compensation is paid, to sell or otherwise participate in the sale of fireworks at such fireworks stand. (3) It is unlawful for a non-profit organization to pay any consideration to any person for selling or otherwise participating in the sale of fireworks at such fireworks stand, except the hiring of a night watchman or security office
Section 5608.3 of the CFC Added; “Safe and Sane” Fireworks Sales.
Section 5608.3 of the California Fire Code is hereby added to read as follows:
Section 5608.3 Storage of Safe and Sane Fireworks.
ITEM 18
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
{CW090978.8}
Item 9
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ATTACHMENT B
A. The storage of fireworks within the City of Ceres is limited to State of California Fire Marshal approved and labeled "Safe and Sane" fireworks by wholesalers licensed by the State of California and retailers.
B. Wholesalers may store safe and sane fireworks within the City of Ceres solely during the period of June 1 through July 31 of each year. Storage facilities shall comply with NFPA 1124 adopted 2006 or as approved by the Fire Chief.
ITEM 18
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
{CW090978.8}
Item 9
{CW128928.1}
ATTACHMENT B
15.08.290 Findings for Changes, Modifications, and Additions to the 2019 2022 California Fire Code Part 9.
Pursuant to California Health and Safety Code Sections 17958.5, 17958.7 and 18941.5, the City of Ceres hereby expressly finds that all of the changes and modifications to the 2019 2022 California Building Standard Code made by this Title and which are not merely administrative changes, are reasonably necessary because of local Climatic, Geological or Topographical condition within the City of Ceres as more particularly described in the table set forth below.
Finding(s)
Application
Condition Findings
CCR California
Fire
Code Part 9
Climactic Reduced visibility due to dense fog occurring during winter months which causes delays in fire response
CCR California
Fire
Code Part 9
Topographical Delayed fire response by railroad tracks that:
a. Divide the City from East to West
b. Tracks run parallel to Highway 99 through the City,
restricting response at locations where overpasses are not provided
CCR California
Fire
Code Part 9
Topographical Turlock Irrigation District canal restricts access to Neighborhood developments. Mitchell Rd. from Faith Home Rd. to Hwy 99 at Mitchell Rd.
CCR California
Fire
Code Part 9
Topographical Delayed fire response due to Hwy 99, which divides the City in half. Delays are due to major traffic congestion at overcrossings CCR California
Fire
Code Part 9
Climactic Summer conditions are very dry, hot and windy causing ordinary combustibles to easily ignite and fires to spread rapidly
ITEM 18
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
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Item 9
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ATTACHMENT B
Chapter 09
CALIFORNIA RESIDENTIAL CODE
Sections:
15.09.010 Title.
15.09.020 Adoption by Reference of the California Residential Code.
15.09.030 Administration.
15.09.040 Enforcement.
15.09.050 Section R105.5 of the California Residential Code Deleted; Expiration.
15.09.060 Appendix J of the California Residential Code; Amended.
15.09.010 Title.
This Chapter shall be known and cited as the “Ceres Residential Code” and may hereinafter be referred to as “Ceres Residential Code.” Chapter, division, part, section, subsection, and appendix numbers used in Sections 15.09.010 through 15.09.060 are those of the California Residential Code or codes adopted therein by reference.
15.09.020 Adoption by Reference of the California Residential Code.
The purpose of the Chapter is to establish minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, access to persons with disabilities, sanitation, adequate lighting, ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations. The provisions of the Residential Code shall apply to the construction, alteration, enlargement, replacement, repair, equipment, use, occupancy, location, maintenance, removal, and demolition of every detached one and two single -family dwellings, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto within the City of Ceres. Therefore, the 2019 California Residential Code, Title 24, Part 2.5, published by the International Code Council (ICC), in the California Code of Regulations, except as specifically repealed or amended by ordinance of the City of Ceres, is hereby adopted and made part of this chapter as though set forth in full. A true and correct copy of the 2019 California Residential Code as adopted by this section shall be on file in the office of the City of Ceres Building Division for inspection by the public.
15.09.030 Administration.
This Chapter is to be administered in accordance with Chapter 15.01.040, Administration under General Provisions, unless more specific requirements are given in this Chapter.
15.09.040 Enforcement.
Enforcement of Ceres Residential Code shall be in accordance with Chapter 15.02.020, California Building Code Administration, unless more specific requirements are provided in this Municipal Code.
ITEM 18
Ceres Municipal Code
Title 15 BUILDINGS AND CONSTRUCTION
{CW090978.8}
Item 9
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ATTACHMENT B
15.09.050 Section R105.5 of the California Residential Code Deleted; Expiration.
Section R105.5 of the California Residential Code is hereby deleted.
15.09.060 Appendix J of the California Residential Code; Amended.
Appendix J of the California Residential Code is hereby amended to read as follows:
Appendix J Delete the word "international" and replace with "California".
ITEM 18
ITEM 18
City of Ceres
NOTICE OF PUBLIC HEARING
NO
TICE IS HEREBY GIVEN THAT THE CERES CITY COUNCIL will hold a public hearing in the Council Chambers at 2701 Fourth Street, Ceres, CA, on June 26, 2023 at 6:00 p.m. or as soon as possible thereafter, to receive and consider all evidence and reports relative to adoption of an O rdinance of the City Council of the City of C eres amending Chapter 8, California Fire Code, of Title 15, Buildings and Construction, and Chapter 20, Fireworks Sales, of title 5, Business Licenses and Regulations, of the Ceres Municipal Code to adopt the 2022 California Fire Code (“Ordinance”).
A
ll Interested parties are invited to attend said hearing and express opinions or submit evidence for or against proposal as outlined above.
F
urther information on the above hearing may be obtaine d or viewed at the office of the City Clerk, City Hall, 2220 Magnolia Street Ceres, CA 95307 or by telephone at (209) 538-5731.
I
f a citizen wishes to challenge the nature of the above actions in court, they may be limited to raising only those issues they or someone else raised at the public hearing described in the notice, or in written correspondence delivered to the City of Ceres, at, or prior to the public hearing.
/s
/ Fallon Martin, City Clerk
D
ate Notice Posted: June 14, 2023
ITEM 18
ATTACHMENT C
ITEM 18