RESOLUTION NO. 2022-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FULLERTON, CALIFORNIA, SETTING FORTH LOCAL CONDITIONS JUSTIFYING AMENDMENTS TO THE 2022 EDITION OF THE CALIFORNIA FIRE CODE AS CODIFIED IN THE CALIFORNIA CODE OF REGULATIONS, TITLE 24, CALIFORNIA BUILDING STANDARDS CODE PARTS 9 DUE TO LOCAL CLIMATIC, TOPOLOGICAL AND GEOGRAPHIC CONDITIONS WHEREAS, Health and Safety Code Section 17958.5 permits the City to make changes or modifications to the 2022 California Fire Code, incorporating by reference the 2021 International Fire Code with California amendments, as codified within the California Building Standards Code, California Code of Regulations Title 24, Part 9 (hereinafter "2022 California Fire Code"), as such changes or modifications are reasonably necessary because of local climatic, geographical or topographical conditions.
WHEREAS, Health and Safety Code Section 13143.5 permits a city, by ordinance, to make changes or modifications to the 2022 California Fire Code more stringent than the requirements published in the California Building Standards Code, California Code of Regulations Title 24, Part 9 relating to fire and panic safety.
WHEREAS, Health and Safety Code Sections 13143.5 and 17958.7 require the City, prior to adopting the ordinance, to make express findings that the adopted standards are reasonably necessary because of local climatic, geological or topographical conditions.
WHEREAS, the findings and local amendments apply to all occupancy classifications, unless specified otherwise.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON RESOLVES AS FOLLOWS:
That to the extent that the City's adoption of the 2022 California Fire Code, as amended, makes changes or modifications more stringent than the requirements published in the California Building Standards Code relating to fire and panic safety, such changes and modifications are reasonably necessary due to the following conditions as set forth in the matrix:
Condition A. The City of Fullerton is located in an area which is subject to periodic wind conditions of extremely high velocity; the City is also subject to seasonal high temperatures and dry atmospheric conditions which often occur during times of those high-velocity winds.
Condition B. Hot, dry Santa Ana winds are common to all areas within the City of Fullerton and Orange County in general. These winds, which can cause small fires to spread quickly and are a contributing factor to the high fire danger in the area and create the need for an increased level of fire protection. This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupants during fire occurrences.
Condition C. Traffic and circulation congestion is common throughout the City of Fullerton. This congestion often places at risk the Fire Department response time to fire occurrences and makes it necessary to provide additional fire and life safety requirements to limit the exposure to death, injury, and property loss caused by fire, prior to the arrival of the Fire Department.
Condition D. The City of Fullerton is located in an area of substantial seismic activity. Several faults, including the San Andreas, are located in and around the City. These faults are expected to have a major impact on the City of Fullerton and pose a threat to life and property. It is believed these faults are capable of generating up to an 8.3 magnitude earthquake. Major earthquakes are accompanied by congested traffic flow and fires. During a major earthquake, Fire Department resources would be extremely taxed and the ability to respond would be complicated and, in some cases, impossible.
To correct existing conditions and prevent future conditions detrimental to the public health and safety that may result in serious injury, it is reasonably necessary for the City of Fullerton to require the provisions of the 2022 California Fire Code as amended and adopted. City Council modifies or changes provisions of the 2022 Edition of the California Fire Code as follows, based on the following findings:
Code Section
Title (Clarification)
Findings
101.1
Title
Administrative
102.10
Conflicting Provisions
Administrative
103.3
Deputies
C
105.5
Required Operational Permits
A, B, C, D
105.5.6
Cellulose Nitrate Film
A, B, C, D
105.5.55
Aircraft Refueling Vehicles
A, B, C, D
105.5.56
Christmas Tree Lot
A, B, C, D
105.5.57
Fire Clearance, New Business
A, B, C, D
105.5.58
Fire Clearance Required by State or Other Governmental Agencies
A, B, C, D
105.5.59
Fireworks Booth
A, B, C, D
105.5.60
Fireworks Display
A, B, C, D
105.5.61
General Use
A, B, C, D
105.5.62
Mobile Fueling Operations
A, B, C, D
105.6
Required Construction Permits
A, B, C, D
105.6.25
Misc. Plan Check
A, B, C, D
107.7
Permit Fees
A, B, C, D
109.7
Occupant Count
C
111.1
Board of Appeals Established
A, B, C, D
111.3
Qualifications
A, B, C, D
112.4
Violation Penalties
A, B, C, D
113.4
Failure to Comply
A, B, C, D
115.1
Validity
A, B, C, D
202
Definitions
A, B
304.1.2
Vegetation
A, B, C
305.6
Hazardous Conditions
A, B, C
307
Open Burning, recreational fires, and portable outdoor fireplaces A, B
307.6
Fires in the Fuel Modification Areas
A, B
307.6.1
Outdoor fires
A, B
324.1
Christmas Tree Sales
A, B
324.1.1
Permit – When issued
A, B
324.1.2
Cleanup Deposit
A, B
324.1.3
Return of Deposit
A, B
324.1.4
Liability
A, B
325
Use of equipment
A, B, C
325.1
Equipment and devices generating heat, sparks or open flames
A, B, C
325.2
Spark arresters
A, B
503.1
Fire Department Access Roads
C, D
505.1
Address Numbers
C, D
506.1
Key Boxes
C, D
507.5.1
Fire Protection Water Supplies
A, B, C, D
507.5.1.1
Hydrant for standpipe systems
A, B, C, D
510.1
Emergency responder radio coverage
C, D
903.2.8.2
Existing Group R buildings
A, B, C, D
903.2.8.2.1
Existing Group R buildings in Wildland-Urban Interface Fire Areas
A, B, C, D
903.3.2.3.1
NFPA 13D sprinkler systems alarms
C, D
1103.2
Emergency Responder Radio Coverage in Existing Buildings
A, B, C, D
1205.2
Access and Pathways
A, B, C
4907.4
Brush Clearance in Protection Areas
A, B, C
4907.5
Clearance of Brush and Vegetation from Roadways
A, B, C
4911
Fuel Modification Requirements in Protected Areas
A, B, C
5601.1.3.1
Seizure of Fireworks
A, B, C
5601.1.3.2
Explosives and blasting
A, B, C
5608.2
Firing
A, B
5608.3
Application for Permit
A, B
D103.3
Turning Radius
C
The City Council of the City of Fullerton has found that the proposed local amendments compliance with Health and Safety Code Section 17958 and does adopt the findings stated herein.
The Department shall file a copy of this Resolution, together with the Ordinance adopting the amendments to the 2019 California Fire incorporating by reference the 2018 International Fire Code with the State Department of Housing and Community Development and with the California Building Standards Commission.
ADOPTED BY THE FULLERTON CITY COUNCIL ON NOVEMBER 15, 2022. __________________________
Fred Jung
Mayor
ATTEST:
_________________________________
Lucinda Williams, MMC
City Clerk
________________________________
Date