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Attachment 2 - SMC Fire Ordinance 2025-001

Foster City City Council
June 16, 2025

Document
Attachment 2 - SMC Fire Ordinance 2025-001
Meeting
June 16, 2025
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Foster City City Council
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8
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Text extracted from the city's file for reading and search. Open the original on fostercity.primegov.com. That file is the official record.
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Ordinance No. ORD-2025-001
California Fire Code

SAN MATEO CONSOLIDATED FIRE DEPARTMENT

FIRE CODE

ORDINANCE NO. ORD-2025-001

UPDATING THE SAN MATEO CONSOLIDATED FIRE DEPARTMENT FIRE CODE BY

IMPLEMENTING THE LOCAL RESPNSIBILITY AREA FIRE HAZARD SEVERITY ZOME MAPS

PUBLISHED BY THE OFFICE OF THE STATE FIRE MARSHAL AND CONFIRMING THE ADOPTION OF THE 2021 INTERNATIONAL FIRE CODE WITH THE 2022 CALIFORNIA FIRE CODE AMENDMENTS AND THE 2021 INTERNATIONAL WILDLAND URBAN INTERFACE CODE WITH

LOCAL FINDINGS AND MODIFICATIONS

The San Mateo Consolidated Fire Department Board of Directors HEREBY ORDAINS THE FOLLOWING:

PARTS
I. Adoption
II. Applicability
III. Modifications
a. Division 1- Modifications to the California Fire Code b. Division 2- Adoption and Modifications to the International Wildland Urban Interface Code

IV. Violations
V. Fire and Life Safety Inspections
VI. Local Findings and Amendments
VII. Environmental Determination
VIII. Notice Provided; Effective Date

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Ordinance No. ORD-2025-001
California Fire Code

PART I- ADOPTION

A. The San Mateo Consolidated Fire Department hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

B. The map, approved by the San Mateo Consolidated Fire Department is hereby incorporated by reference, and entitled “Fire Hazard Severity Zones.”

The official map is also located electronically on the following website Fire Hazard Severity Zones (FHSZ) & Local Responsibility Areas (LRA) – SMC Fire https://www.smcfire.org/fire-hazard-severity-zones-fhsz-local-responsibility-areas- lra/

C. The San Mateo Consolidated Fire Department hereby modifies Ordinance 2022-001 which adopts the 2022 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), with California Amendments and the 2021 International Wildland Urban Interface Code as amended and as specified in part III of this ordinance. Those chapters and appendices not mentioned in section III are only enforceable if adopted by the State Fire Marshal. The 2022 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each city within the jurisdiction of the Department.

D. The 2022 California Fire Code (CFC), California Code of Regulations, Title 24, Part 9, adopting the 2021 International Fire Code of the International Code Council with necessary California amendments, together with the non-building standards reproduced therein except otherwise provided by this ordinance, are adopted by reference as the Fire Code of the San Mateo Consolidated Fire Department. This Code including all amendments thereto, shall hereafter be called the “Fire Code,” and/or this “Code” and are adopted as and for the rules, regulations, and standards within the Jurisdiction as to all matters therein, except otherwise provided.

E. No section of the Fire Prevention Code shall impose a mandatory duty of enforcement on the Jurisdiction, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the Jurisdiction, and the appropriate officer, official, agent, employee, board, council, or commission with discretion to enforce the section, or not to enforce it.

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Ordinance No. ORD-2025-001
California Fire Code

F. A copy of the Fire Code, as defined herein, shall be kept on file on with the office of the San Mateo Consolidated Fire Department Fire Marshal.

G. The San Mateo Consolidated Fire Department has determined that modifications to the 2021 International Fire Code with the 2022 California Amendments are needed and reasonably necessary due to local climatic, geological, and topographical conditions, as set forth in Attachment 1 (Findings in Support of Amendments to the 2022 California Fire Code), which are incorporated fully herein.

PART II- APPLICABILITY

A. All sections of this Code shall apply to all buildings, structures and portions thereof, vegetated properties and to replace premise or building.

B. Whenever any provision of this Chapter code or in any other law, ordinance, or resolution of any kind, impose overlapping or contradictory regulations, or contain any restrictions covering the same subject matter, the provision that is more restrictive or imposes higher standards or requirements shall govern.

PART III- ADOPTION OF SECTIONS AND MODIFICATIONS

Division 1: Modifications to the California Fire Code

The following sections are adopted as described below.

SECTION 202 GENERAL DEFINITIONS. MODIFIED

LOCAL AGENCY MODERATE FIRE HAZARD SEVERITY ZONE. An area designated by the local agency based on Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

Chapter 49 is adopted in its entirety as amended below

Section 4901.1 is amended as follows

4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter

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Ordinance No. ORD-2025-001
California Fire Code

and the 2021 International Wildland Urban Interface Code as adopted by the San Mateo Consolidated Fire Department.

SECTION 4902 DEFINITIONS. ADDED

LOCAL AGENCY FIRE HAZARD SEVERITY ZONE.

Property within a Local Responsibility Area (LRA) served by the San Mateo Consolidated Fire Department that has been designated by the Office of the State Fire Marshal and/or the San Mateo Consolidated Fire Department as a Moderate, High, or Very High Fire Hazard Severity Zone.

SECTION 4905.2 CONSTRUCTION METHODS AND REQUIREMENTS
WITHIN ESTABLISHED LIMITS.

SECTION 4905.3.1 LOCAL AGENCY MODERATE FIRE HAZARD SEVERITY ZONE REQUIREMENTS.

4905.3.1 Local Agency Moderate fire hazard severity zone requirements. Buildings constructed in local Agency Moderate Fire Hazard Severity Zones shall comply with section 4905.2.

SECTION 4906.2 APPLICATION. AMENDED

4906.2 Application. [No change]

1. [No change]

1.1. [No change]

1.2. [No Change]

1.3. [No Change]

2. All land designated by the Office of the State Fire Marshal and as confirmed or modified by the San Mateo Consolidated Fire Department as one of the following fire hazard severity zones:

2.1. Moderate

2.2. High

2.3. Very High

SECTION 4907.1 GENERAL. AMENDED

4907.1 General. Defensible space will be maintained around all buildings and structures in State Responsibility Areas (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2, Section 1270.

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Ordinance No. ORD-2025-001
California Fire Code

Buildings and structures within the Local Responsibility Area (LRA) shall maintain defensible space as outlined in Government code sections 51175 through 51189 in moderate, high, and very high fire hazard severity zones as designated by the Office of the State Fire Marshal and as confirmed or modified by the San Mateo Consolidated Fire Department.

Division 2- Adoption and Modifications to the International Wildland Urban Interface Code

The following sections of the 2021 International Wildland Urban Interface Code are adopted and modified as described below.

Chapter 1 No changes from Ordinance 2022-001

Chapter 2 is adopted in its entirety as amended below.

LOCAL AGENCY MODERATE FIRE HAZARD SEVERITY ZONE. An area designated by the local agency based on Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

Chapter 3 is adopted in its entirety as amended below

SECTION 302.1 IS AMENDED AS BELOW

302.1 Declaration.

The San Mateo Consolidated Fire Department hereby designates the Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code Section 51178.

The map, approved by the San Mateo Consolidated Fire Department is hereby incorporated by reference, and entitled “City (or County or District) Fire Hazard Severity Zones.”

The official map is also located electronically on the following website Fire Hazard Severity Zones (FHSZ) & Local Responsibility Areas (LRA) – SMC Fire

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Ordinance No. ORD-2025-001
California Fire Code

https://www.smcfire.org/fire-hazard-severity-zones-fhsz-local-responsibility-areas- lra/

Chapter 4 No Changes

Chapter 5 is modified as follows

SECTION 501 GENERAL

501.1 Buildings constructed in a Moderate fire hazard severity zone shall comply with section 502.

Chapter 6 No Changes

Chapter 7 No Changes

PART IV- VIOLATIONS.

It is unlawful to violate or fail to comply with any provisions of this Code, or violate or fail to comply with any order made under this Code or to build in violation of any detailed statement of specification or plans submitted and approved under this Code, or any certificate or permit issued under this Code.

PART V- FIRE AND LIFE SAFETY INSPECTIONS.

Inspections by the Fire Department shall periodically be made of buildings and structures that are used for residential or non-residential purposes as follows:
a) The time and frequency of inspections shall be determined by the Fire Chief. No buildings shall be inspected for a fee more than annually except for re-inspections to assure that code corrections have been made or hazards have been corrected. b) A fee for inspections shall be established in the adopted Master Fee Schedule to offset costs of the regulatory inspection program and shall be collected upon inspection from each property subject to this ordinance. Revenues shall be used for the inspection and enforcement program.
c) All properties shall be subject to inspection fees. d) Nothing in this section is intended to prevent inspections of property under nuisance abatement or other laws.

PART VI – LOCAL FINDINGS AND AMENDMENTS

The Fire Department has determined that modifications to the 2021 International Fire Code with the 2022 California Amendments are needed and reasonably necessary due to local climatic,

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Ordinance No. ORD-2025-001
California Fire Code

geological, and topographical conditions, as set forth in Attachment 1 (Findings in Support of Amendments to the 2022 California Fire Code), which are incorporated herein as substantive provisions of this Ordinance.

PART VII- ENVIRONMENTAL DETERMINATION.

The Department Board of Directors finds that the modifications to California building standards, adopted by reference by the proposed ordinance, are enacted to provide a safer, more protected environment in response to local conditions, including local climatic, geological, and topographical conditions. The adoption of this ordinance is exempt from review under the California Environmental Quality Act (Public Resources Code section 21000 et seq., “CEQA”) as the Ordinance is not a “project” as defined under CEQA. Moreover, the Ordinance is exempt from review pursuant to the CEQA Guidelines (California Code of Regulations Title 14, Chapter 3) consistent with, among other things, CEQA Guidelines Section 15061(b)(3), Section 15308, and Section 15321.

PART VIII- NOTICE PROVIDED; EFFECTIVE DATE.

This Ordinance shall be published in summary in the San Francisco Examiner, posted in the Departments administrative offices, and posted on the Department’s Website, and shall be effective on July 1, 2025.

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Ordinance No. ORD-2025-001
California Fire Code

I hereby certify this to be a correct copy of Ordinance 2025-001 of the San Mateo Consolidated Fire Department, introduced on April 29, 2025, and adopted on May 21, 2025 at a regular meeting of the Department Board of Directors by the following vote

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Board Secretary

Board President

APPROVED AS TO FORM:

William D. Ross, General Counsel

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