2. No sunken or raised area in the bathroom or powder room, the common use room, and the kitchen, if on the primary entry level, on an accessible route.
3. Handrails installed in a manner consistent with CBC Chapter l lA on one or both sides of the accessible route, at the option of the purchaser/owner.
4. Handrail reinforcement installed on one or both sides of the accessible route.
5. An accessible route with a minimum width of 42 inches. A 39-inch hallway width may be provided when all doors leading to any bathroom, powder room, common use room, or kitchen, if on the primary entry level, that must be accessible have a minimum clear door opening of 34 inches, and a 36-inch hallway width may be provided when all doors leading to any bathroom, powder room, common use room, or kitchen on the primary entry level that must be accessible have a minimum clear door opening of 36 inches. (Ord. 2019-5 § 1 (Att. A), l 0-8-2019; Ord. 2019-1 § 1, 2-12-2019)
4.25.080 Standards - Primary floor powder room/bathroom entry and facilities.
A. New Construction - Mandatory to Install. There are no mandatory installations related to the powder room, bathroom and other facilities in a visitable residential dwelling.
B. New Construction - Mandatory to Offer. The following options for the accessible bathroom or powder room on the route from the primary entrance shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:
1. At least one powder room or bathroom, at the option of the purchaser/owner, on the primary entry level of a visitable residential dwelling, which complies with the requirements of CBC Chapter l lA.
2. Clear space in the bathroom or powder room that is either: consistent with the requirements of CBC Chapter l lA; or outside of the swing of the door and either a 48-inch circle, 48 inches by 60 inches or a 60-inch diameter circle, at the option of the purchaser/owner.
3. Grab bar reinforcement consistent with CBC Chapter l lA for the water closet (toilet) and shower or bathtub.
4. Faucets and handles not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11 A.
5. A bathtub or shower meeting the requirements of ANSI A 117 .1.
6. Grab bars installed in a manner consistent with CBC Chapter l lA for the water closet (toilet), shower/bath, or lavatory, or any combination thereof, at the option of the purchaser/owner.
7. A lavatory or sink installed consistent with CBC Chapter 11 A.
8. A water closet (toilet) installed consistent with CBC Chapter 1 lA.
9. Removable cabinets under the lavatory/sink.
10. Where mirrors and towel fixtures are provided in the accessible bathroom or powder room, installation consistent with the requirements of CBC Chapter l lA. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)
4.25.090 Standards - Kitchen and facilities.
A. New Construction - Mandatory to Install. There are no mandatory installations related to kitchen and facilities in a visitable residential dwelling.
B. New Construction - Mandatory to Offer. If there is a kitchen on the primary entry level, the following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:
Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR
RESIDENTIAL DWELLINGS
1. An accessible route to the kitchen, with a pathway through the kitchen to the stove, oven, or combination stove-oven consistent with the requirements of CBC Chapter 1 lA.
2. One or more of the following, at the purchaser/owner's option: at least a 48-inch by 60-inch clear space in front of a stove at the base of a U-shaped kitchen; or at least a 30-inch by 48-inch clear space in front of the sink (counting open access underneath, if available); or at least one 18-inch-wide breadboard and/or at least 18 inches in counter space at a 34-inch height, or any combination thereof, at the option of the purchaser/owner.
3. Sink controls not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 1 lA.
4. Adjustable sink and/or removable under-sink cabinets consistent with Chapter 1 lA.
5. Hood fan controls at light switch level or lower level. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)
4.25.100 Standards - Common use room.
A. New Construction - Mandatory to Install. There are no mandatory installations related to a common use room in a visitable residential dwelling.
B. New Construction - Mandatory to Offer. The following options for the common use room on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:
1. At least one common use room, such as a dining room or living room, on the accessible route. Sunken or raised areas not exceeding 50 percent of the area of the room's floor space shall be permitted as an option of the purchaser/owner in a common use room on the accessible route when an accessible route connects a usable portion of the common use room to the accessible bathroom or powder room and the accessible exterior entrance door.
2. No sunken areas in a common use room on an accessible route.
3. Standards related to access to and flatness of any other common area room on the primary entry level. (Ord. 2019-5 § l (Att. A), 10-8-2019; Ord. 2019-1§1, 2-12-2019)
4.25.110 Standards - Bedroom.
A. New Construction - Mandatory to Install. There are no mandatory installations related to a bedroom in a visitable residential dwelling.
B. New Construction - Mandatory to Offer. If there is a bedroom on the primary entry level, the following options shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:
At least one bedroom on the accessible route of travel with all components meeting the requirements of NCC
4.25.130. A closet shall have at least a 32-inch net opening and adjustable closet rods and shelving. A family room or den may satisfy this bedroom requirement if a sleeping structure (such as a bed, futon, hide-away, or Murphy bed) can be placed in the room and if the room complies with provisions for emergency escape and rescue and smoke alarms in the California Building Code. (Ord. 2019-5 § l (Att. A), 10-8-2019; Ord. 2019-1§1, 2-12-2019)
4.25.120 Standards - Miscellaneous areas.
A. New Construction - Mandatory to Install. There are no mandatory installations related to miscellaneous areas of a visitable residential dwelling.
B. New Construction - Mandatory to Offer. The following options shall be offered, and if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:
Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR
RESIDENTIAL DWELLINGS
If on the primary entry level, miscellaneous areas or facilities (such as a patio or yard, laundry room, or storage area) for the dwelling must have an accessible route to and from the accessible entrance, either through the dwelling unit or around the dwelling unit. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)
4.25.130 Standards - General components.
A. New Construction - Mandatory to Install. There are no mandatory installations related to general components of a visitable residential dwelling.
B. New Construction - Mandatory to Offer. The following options shall be offered, and if accepted, installed at the request and cost of the purchaser/owner, ifrequested when installation is consistent with NCC 4.25.140:
1. An accessible route in an interior room or hallway, interior doors or openings for rooms and routes of travel required to be accessible consistent with CBC Chapter l lA.
EXCEPTIONS: A 34-inch clear doorway width may be requested from a hallway with a 39-inch width, and a 36-inch clear doorway width may be requested from a hallway with a 36-inch width.
2. Hand-activated door hardware not requiring tight grasping, pinching, or twisting of the wrist and consistent with the requirements of CBC Chapter 11 A.
3. Rocker light switches and controls or light switches and controls meeting the requirements of ANSI A 117 .1 or CBC Chapter 11 A.
4. The installation of all receptacle outlets, lighting controls and environmental controls throughout the residential dwelling unit must comply with CBC Chapter l lA or applicable provisions of the California Electrical Code.
5. The width of the level area on the side toward which an accessible door swings consistent with CBC Chapter l lA.
6. If the Building Official or owner/purchaser determines that the accessible route and doorway width options prescribed by Chapter l lA are not feasible and that a less wide accessible route is necessary, a functional alternative to ensure that all entries into rooms required to be accessible may be approved by the Building Official or purchaser/owner if it meets at least one of the following requirements and if the hallway is not less than 36 inches in width:
a. The entry door to the room must be at the end of a hallway or passageway, or open directly from another room on an accessible route of travel, so that no tum of 90 degrees or more is necessary to enter the room.
b. The hallway wall opposite the room must be inset enough to allow an area of at least eight inches deep with at least a 60-inch run centered on the center of the entry door opening (e.g., an eight-inch by 60-inch notch or alcove).
c. The hallway wall on the same side as the room must be inset enough to allow an area of at least eight inches deep with at least a 60-inch run centered on the center of the entry door opening (e.g., an eight-inch by 60-inch notch or alcove).
d. The hallway wall directly opposite the room door must open to another room with at least a 60-inch opening on a level with the accessible passageway or hallway.
NOTE: Doors or openings to the rooms required to be accessible may be wider and the notch or alcove smaller if equivalent access is not impeded. In addition, for a doorway at the end of a hall way, or in other circumstances, the notch or alcove need not be centered on the doorway if equivalent access is not impeded.
7. Flooring throughout the residential dwelling unit consistent with CBC Chapter l lA.
Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR
RESIDENTIAL DWELLINGS
8. Standards pertaining to residential structures from ANSI A 117 .1 may be used throughout this chapter when CBC Chapter l lA does not contain specific standards or when the ANSI standards are equivalent to the Chapter l lA standards. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)
4.25.140 Standards - New construction - Permissive options.
A. The developer or builder of a visitable residential dwelling must offer an opportunity to select any of the features listed in this chapter to an owner or prospective owner of a visitable residential dwelling at the earliest feasible time after the owner, purchaser, or prospective purchaser is identified.
B. The developer or builder of a visitable residential dwelling shall construct or install any requested features identified in this chapter unless it would result in an unreasonable delay in the construction or significant unreimbursable costs to the developer or builder.
C. The developer or builder of a visitable residential dwelling, at his or her option, may offer or utilize standards for structural or design features, components or appliances and facilities, including but not limited to ANSI standards, which meet or exceed Chapter l lA and which offer greater availability, access or usability, and these are deemed to be in compliance with this chapter. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)
4.25.150 Enforcement.
A. It is unlawful for any person or entity to fail to comply with the requirements of this chapter.
B. Violation of any provision of this chapter may be enforced by civil action including an action for injunctive relief.
In any civil enforcement action, administrative or judicial, the City shall be entitled to recover its attorneys' fees and costs from a person who is determined by a court of competent jurisdiction to have violated this chapter.
C. Any violation of the provisions of this chapter shall constitute a misdemeanor and shall be punished as such in accordance with NCC 1.04.010.
D. Enforcement pursuant to this section shall be undertaken by the City through its Community Development Director and the City Attorney.
E. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil, criminal, or administrative. The remedies provided herein shall be cumulative and not exclusive.
F. Whenever the Building Official or designee reinspects or otherwise takes any enforcement action against a residential dwelling unit which is governed by this chapter to determine compliance with this chapter, the Building Official may assess fees against the owner to recover the costs to the City according to a fee schedule established by the City. The assessment and collection of these fees shall not preclude the imposition of any administrative or judicial penalty or fine for violations of this chapter or applicable State laws or regulations. (Ord. 2019-5 § 1 (Att.
A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)
4.25.160 Purchaser opt-out option.
The purchaser(s) may file a letter with the City of Newman and the developer with their desire to forgo any or all of the mandatory installation features required under this chapter. Such letter shall relieve the developer of only those mandatory features listed in the purchaser(s) letter; all other mandatory items shall be installed. (Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 1 O.a.
City Council Meeting
of November 8, 2022
INTRODUCTION OF ORDINANCE AMENDING TITLE 7 FIRE REGULATIONS OF THE NEWMAN
MUNICIPAL CODE, AND ADOPTING BY REFERENCE, THE CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 9, 2022 EDITION OF THE CALIFORNIA FIRE CODE RECOMMENDATION:
It is recommended that the City Council conduct a first reading and introduce by title Ordinance No. 2022- , An Ordinance Amending Title 7 Fire Regulations Of The Newman City Code And Incorporating The California Code Of Regulations Title 24, Part 9, 2022 Edition Of The California Fire Code.
BACKGROUND:
The Newman City Code (NCC) Title 7 Fire Regulations was last updated during the release of the 2019 edition of the California Fire Code (CFC). During this time, the regulations primarily amended the NCC to reflect necessary fire code changes. Since the CFC is on a three-year revision cycle, Title 7 of the NCC (Fire Regulations) is outdated. It is in the best interest of the City to amend the current City Code to update the fire regulations established throughout and adopt the 2022 Edition of the California Fire Code.
ANALYSIS:
The California legislature delegated authority to various state agencies, boards, commissions, and departments to create building regulations to implement the State's statutes. The building regulations, or standards, have the same force of law. The California Building Standards Code applies to occupancies in the State of California as annotated.
As a result of said implementation and the 2022 Edition of the California Fire Code, the following amendments are proposed:
•!• Chapter 07.01.010 Members - Appointments. Renamed Prevention Inspector to Fire Prevention Specialist.
•!• Chapter 07.01.040 Obedience to orders. Grammatical changes only. •!• Chapter 07.01.060 Badge and uniform of members. Updated chapter title and member positions then added the word uniform.
•!• C~apter 07.01.070 Powers and duties of Department. Changed NCC to municipal code. •!• Chapter 07.02.040 Fireworks. Moved from chapter 07.04 and updated regulations to include adopting Stanislaus County Code and Social Host Liability.
•!• Chapter 07.04.010 Adoption. The language was amended to reflect the current California Fire Code 2022 Edition.
•!• Chapter 07.04.020 Deletions. The language was amended to reflect the current California Fire Code 2022 Edition.
•!• Chapter 07.04.030 Amendments. This language was amended to reflect the current California Fire Code 2022 Edition. The section references were amended to correspond with the California Fire Code 2022 Editions section numbers. Added Chapter 07.04.030(Aa) Creation of agency. Defined Newman Fire Department fire chief as the fire code official. Modified Chapter 07.04.030(D) Administrative Penalties.
Increased the penalty to $1000.00. Updated Chapter 07.04.030(G) Automatic Sprinkler Systems. Further clarified and defined the 5,000 square foot requirements. Updated Chapter 07.04.030(L) Outdoor Storage of Pallets. Established stacking and storage requirements for increased fire safety including the use of grid patterns with spacing. Moved Chapter 07.04.030(M) Fireworks. To Chapter 07.02.040. Updated language for Chapter 07.02.030(S) Outside Storage and Use of Liquefied Petroleum Gases to better reference County Standards. Added Chapter 07.04.030(Tt) Outside Storage and use of Liquefied Petroleum Gases to define storage locations and reference zoning ordinances. Removed Chapter
07.04.030(X) and Chapter 07.04.030(Y) as they are better addressed in California Fire Code 2022 Edition.
FISCAL IMPACT:
There is no fiscal impact on the City ofNewman.
Agenda Item: 1 O.a.
CONCLUSION:
The California Fire Code is on a three-year revision cycle and the City of Newman has local conditions that require adopting, amending, and deleting sections of the California Fire Code. Therefore, the Newman City Code must be amended to reference these changes. City staff has reviewed the California Fire Code to make necessary amendments and revisions to the Newman City Code. It is the recommendation of staff that the Newman City Council introduce by title and waive the reading of Ordinance No. 2022- , An Ordinance Amending Title 7 Fire Regulations Of The Newman City Code.
ATTACHMENTS:
1. Proposed Ordinance No. 2022- , An Ordinance Amending Title 7 Fire Regulations Of The Newman City Code And Incorporating The California Code Of Regulations Title 24, Part 9, 2022 Edition Of The California Fire Code
/L-- Keith A. Bowen
Fire Chief
REVIEWED/CONCUR
City Manager
ORDINANCE NO. 2022-
AN ORDINANCE AMENDING TITLE 7 FIRE REGULATIONS OF THE NEWMAN
MUNICIPAL CODE AND ADOPTING BY REFERENCE, THE CALIFORNIA CODE OF REGULATIONS TITLE 24, PART 9, 2022 EDITION OF THE CALIFORNIA FIRE CODE The City Council of the City of Newman does ordain as follows:
Section 1.
That Title 7 of the Newman City Code be amended as stated in Attachment "A", attached hereto and made a part hereof by this reference.
Section 2.
All other sections and provisions of Title 7 shall remain in full force and effect.
Section 3.
That a duly noticed public hearing was held by the City Council on November 08, 2022.
Section 4.
This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the West Side Index, a newspaper of general circulation, published and circulated in the City of Newman and thencefort and thereafter the same shall be in full force and effect.
Introduced at a regular meeting of the City Council of the City of Newman held on the 8th day of November, 2022 by Council Member , and adopted at a regular meeting of said City Council held on the 13th day of December, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mike Maier,
City Clerk of the City of Newman,
County of Stanislaus, State of California
APPROVED:
Casey Graham,
Mayor of the City of Newman,
County of Stanislaus, State of California
Newman City Code
Title 7 FIRE REGULATIONS
Chapters:
7.01 7.02
7.03 7.04
Fire Department
Fire Regulations
Storage Regulations
Fire Code
Title 7
FIRE REGULATIONS
Newman City Code
Chapter 7.01 FIRE DEPARTMENT
Sections:
7.01.010
7.01.020
7.01.030
7.01.040
7.01.050
7.01.060
7.01.070
7.01.080
Chapter 7.01
FIRE DEPARTMENT
Members - Appointments.
Oath of office.
Fire Chief - Powers and duties.
Obedience to orders.
Compensation of Department members.
Badge of officer.
Powers and duties of Department.
Violation, penalty.
7.01.010 Members-Appointments.
The Fire Department of the City shall consist of a Fire-Division Chief (Fire Chief), and staffing as necessary to perform the duties as assigned; the Department will maintain a ratio of firefighters to officers, which will be no more than five to one; the recognized positions of the Fire Department shall consist of Fire Chief, Battalion Chief, Captain, Engineer, Firefighter and Preveatioa Iaspeetor Fire Prevention Specialist; all of whom shall be appointed by the City Manager or Department Head, if designated, pursuant to the provisions of Chapter 1.06 NCC. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 77-10,4-12-1977)
7.01.020 Oath of office.
The Fire Chief, fire officers, and firefighters, before entering upon the duties of their offices, shall take an oath or affirmation to well and truly perform the duties of the same. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 151, 11-13-1945)
7.01.030 Fire Chief - Powers and duties.
A. The powers and duties of the Fire Chief shall be as follows:
1. In all cases of fire the Fire Chief or designee shall have control of all the members of the Fire Department and of all engines and apparatus belonging thereto or connected with the same, and he or she shall adopt such measures as deemed necessary for the effectual extinguishment of fires and for the prevention of their spreading.
2. The Fire Chief shall have the general charge of all the property of the City connected with the Fire Department and shall preserve and keep the same in complete repair and in the best order for immediate use.
3. The Fire Chief shall submit to the City Manager, as required, a complete report of the Fire Department's activities. Said report shall indicate the number, location, and condition of the hydrants; the condition of the fire apparatus and all property of the City in the keeping of the Fire Department; and of all fires with their cause of origin, if known; a description of the buildings destroyed or damaged, and the estimated loss of the same; and the names of the firefighters reporting to each fire and/or regularly called drill; and such other information as the City Manager may deem proper.
4. The Fire Chief or delegate shall perform such other duties pertaining to the office as may from time to time be prescribed by the City Manager.
5. Whenever the Fire Chief shall be absent from the City or unable to attend to the assigned duties, a qualified designee as assigned by the Fire Chief shall perform the duties of the office. (Ord. 2019-6 § 1 (Att.
A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 77-10, 4-12-1977) Newman City Code Page 3/19
Chapter 7.01 FIRE DEPARTMENT
7.01.040 Obedience to orders.
It shall be unlawful for any member of the Fire Department to disobey any order or direction given by the Fire Chief or their designee at a drill, alarm of fire, or while on duty. Such a member may be dismissed by the Fire Chief from the Department for an infraction of any duty or the rules thereof. (Ord. 2019-6 § 1 (Att. A), 10-22- 2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 151, 11-13-1945)
7.01.050 Compensation of Department members.
The compensation of members of the Fire Department, with the exception of the Fire Chief, shall be an amount recommended by the Fire Chief and approved by the City Council at the time the budget for each fiscal year is approved by the City Council. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008)
7.01.060 Badge and uniform of affieefmembers.
The City shall supply to the Fire Chief, Battalion Chiefs, Captains, Engineers, Firefighters and Prevention InspeetorFire Prevention Specialists, upon assuming office, a suitable badge and uniform, indicative of their membership and rank. Such badges and uniforms shall remain the property of the City and shall be returned to the City upon separation from the Department. The City Manager or designee may consider allowing members that have met predetermined criteria, as set by Department policy, to purchase their badge. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 77-10, 4-12-1977)
7.01.070 Powers and duties of Department.
A. Engage Aid of Residents. The Fire Chief or any fire officer, or the Chief of Police, in case of fire, may command the service of any or all residents of the City to assist in extinguishing the same, and it shall be unlawful for any person to refuse to render reasonable assistance in extinguishing a fire when directed to do so by the Fire Chief, fire officer, or Chief of Police.
B. Police Powers. Pursuant to the provisions of California Penal Code 836.5, the Fire Chief and fire officers are authorized to arrest without a warrant and issue a written notice to appear whenever any such person has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his or her presence, which is a violation of the NGGmunicipal code or a violation of any other ordinance or statute, which he or she has a duty to enforce. Every firefighter, during the time of any fire, shall have the powers of a police officer, and may, with or without complaint, arrest any disorderly person or any person attempting to steal any property.
C. Authority to Carry Firearms. Pursuant to the provisions of California Penal Code 830.37, the Fire Chief and such employees as he or she may designate, in writing with consultation from the Police Chief, are authorized to carry weapons when acting in the course and scope of their employment. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 151, 11-13-1945)
7.01.080 Violation, penalty.
Any person who violates any of the provisions of this title shall be deemed guilty of a misdemeanor1 , infraction,
or administrative penalty in the determination of the City Attorney. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 77-5, 2-22-1977; Ord. 151, 11-13-1945) 1 See NCC 1.04.010.
Newman City Code
Chapter 7.02 FIRE REGULATIONS
Chapter 7 .02
FIRE REGULATIONS
Sections:
7.02.010
7.02.020
7.02.030
7.02.040
7.02.050
Storage of combustible materials.
Use of water during a fire.
Condition of premises, fire hazards.
Fireworks.
Social Host Liability
7.02.010 Storage of combustible materials.
It shall be unlawful for any person to place, keep or maintain any stack of unbaled hay or straw or any pile or stack of other inflammable materials without being enclosed in a proper house or barn, within the fire limits of the City as set out under the Building Code of the City1• (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 270, 1-21-1973; Ord. 69, 8-10-1915)
7.02.020 Use of water during a fire.
A. No person shall use or draw water from the mains or pipes of the City waterworks from the time an alarm of fire is given until the fire is extinguished, except for the purpose of extinguishing said fire, or for necessary household purposes. Nor shall any person drive or haul, or cause to be driven or hauled, any automobile, wagon or other vehicle or thing, over or upon any fire hose in use at any fire, or ride, drive or cause any horse or other animal or thing to be ridden or driven or moved over or upon said hose.
B. Any person who violates any provision of this section shall be deemed guilty of an infraction, and shall be punished by a fine not to exceed $500.00; unless punishable as a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment in the County jail not exceeding six months, or by both such fine and imprisonment. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att.
A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 70, 9-28-1915) 7 .02.030 Condition of premises, fire hazards.
As a protection against fire, all yards or vacant land on any premises in the City must be kept clean of all trash, rubbish, paper, paper boxes, excelsior or other highly inflammable materials of like character. All of said materials must be either promptly destroyed or removed at once; provided, however, that such a quantity of said materials as can be enclosed in a box or other receptacle and properly covered to the satisfaction of the authorized City Fire Official may remain on any premises for such time as the authorized City Fire Official may permit. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 50, 11-29-1910)
7.02.040 Fireworks.
1. The City of Newman shall adopt the following sections from Stanislaus County Code Chapter 9.84, Fireworks:
I 9. 84.100 Definitions
II 9. 84.110 General prohibition against possession, sale, or use of fireworks.
Ill 9.84.120 Specific prohibitions.
IV. . 9.84.130 Exception - Certain public displays.
V. 9. 84.140 Exception - Safe and sane fireworks.
VI 9. 84.15 0 Exception - Specified types of fireworks.
Newman City Code Page 5/19
Chapter 7.02 FIRE REGULATIONS
Vil 9. 84.160 Exception - Retail and wholesale sales.
VIII 9.84.170 Enforcement.
IX. 9. 84.190 Remedies
X 9. 84. 200 Concurrent authorities.
7.02.050 Social Host Liability.
1. The City of Newman shall adopt the following as it pertains to.fireworks:
A. It shall be unlawful for any person in ownership, possession, or control of any private residence, property, place or premises to permit, allow, suffer, or host at such residence, property, place or premises, any gathering of people where dangerous fireworks is in possession of, or are being used by, any person.
B. In addition to any other remedies available by law, including criminal prosecution, the City of Newman may seek administrative penalties, response costs, and any other cost associated with enforcement of NCC 7. 02. 05 0, through all remedies or procedures provided by statute, ordinance, or law. If a violation of NCC 7. 02. 050 is prosecuted administratively, the mandatory minimum penalty shall be $1, 000. 00 for the first offense, $2, 000 for a second offense and subsequent offenses in a 12-month period. 1 See NCC 4.01.010.
Newman City Code
Chapter 7.03 STORAGE REGULATIONS
Sections:
7.03.010
7.03.020
7.03.030
7.03.040
7.03.050
7.03.060
7.03.070
Chapter 7 .03
STORAGE REGULATIONS
Liquids prohibited by storage temperatures.
Storage quantities enumerated.
Storage tank regulations.
Permit required - Fees.
Certain substances prohibited.
Enforcement.
Zoning.
7.03.010 Liquids prohibited by storage temperatures.
It shall be unlawful for any person or the agent or manager thereof to keep or store, or permit the keeping or storing, within the City limits any gasoline, benzine, naphtha or distillate, without regard to the degree of heat Fahrenheit or other test at which it will flash or emit an inflammable vapor, or any other product of petroleum or hydrocarbon liquid which will so flash or emit an inflammable vapor at a temperature lower than 110 degrees Fahrenheit, in any building or in any manner, except as hereinafter provided. (Ord. 2019-6 § 1 (Att. A), 10-22- 2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008)
7.03.020 Storage quantities enumerated.
A. The quantity not exceeding one gallon of any of the liquids or articles mentioned in NCC 7.03.010 may be kept or stored inside the walls of any building in the City; provided, the same be kept or stored in closed cans, bottles or other vessels; provided, however, that this subsection shall not apply to public or private garages or to engine rooms where the aforesaid articles or liquids are kept or stored in the tanks of automobiles or gas engines; and provided further, that this subsection shall not apply to merchants dealing in said articles or liquids where the same are kept or stored in metal cans or tanks, as hereinafter provided.
1. Retail automobile filling stations, which term shall also include public garages selling gasoline at retail, shall be permitted to have maximum storage facilities for gasoline of 10,000 gallons, at any one location, providing the storage facilities shall comply with the requirements of subsection (A)(3) of this section, and that no single storage tank on said premises shall have a maximum storage capacity of over 6,000 gallons.
2. In addition to the quantity of the articles or liquids mentioned in NCC 7 .03.010, no more than five gallons of any such articles or liquids mentioned in said section shall be kept or stored on any one premises in the City, except as hereinafter provided, and the said additional five gallons or less must be kept or stored in approved or listed closed metal cans or tanks, outside the walls of any building.
3. Any of the articles or liquids mentioned in NCC 7 .03.010 may be kept or stored in bulk in quantities of not more than 12,000 gallons on any one premises in addition to the quantity thereof mentioned in subsections (A)(l) and (2) of this section, ifthe same be kept or stored in tanks installed pursuant to rules and regulations as found in the California Fire Code and any Federal, State, County or Municipal Code, ordinance, law or regulation pertaining to the storage of such substances.
4. In addition to the quantity of the article or liquid mentioned in NCC 7.03.010, hereinbefore permitted to be kept or stored within the walls of any building by the provisions of subsection (A)(2) of this section, merchants dealing in such articles or liquids may keep or store a quantity thereof, not exceeding 100 gallons, if the same be kept or stored in the original package, to be only disposed of in unbroken packages, said original packages to be kept or stored within the walls of a warehouse, hereinafter in subsection (B) of this section described and provided for, for the keeping or storing of ordinary commercial coal oil or kerosene.
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B. The article or liquid known and described ordinarily in commerce as coal oil or kerosene may be kept or stored in metal tanks or in metal cans, properly closed, in quantities of not to exceed 500 gallons, on any one premises in the City, provided the same shall be kept or stored in a warehouse, which shall be properly closed and ventilated, and constructed of brick, stone, concrete or a combination of these materials, or, if the said warehouse is erected at least 30 feet from any other structure, it may be built of corrugated iron; in warehouses constructed of corrugated iron the floor shall be either earth or cement concrete. Said warehouse, of whatever material constructed, shall be provided with doors either of iron or wood covered with iron, and the roof shall be composed of some fire-resisting substance, and the said building shall in every respect be as nearly fireproof as possible, and be constructed to the satisfaction of the Fire Chief, hereinafter mentioned.
C. In that portion of the City lying west of the west line of N Street or its extension, no more than 15, 000 gallons of the article or liquid commonly known as fuel oil shall be kept or stored on any one premises, and the same shall be kept or stored in tanks sunk in the ground, which shall be properly covered and vented so as to prevent ignition of the contents, to the satisfaction of the Fire Chief of the Fire Department.
1. After the effective date of the ordinance codified in this chapter, no new tanks for the aforementioned purposes shall be constructed in that portion of the City abovementioned, except on the written permission of the City Council first had and obtained, which permission shall be signed by the Mayor and countersigned by the City Clerk and the Fire Chief.
2. The article or liquid mentioned in the preceding subsection may be kept or stored in quantities of not more than 50,000 gallons on any one premises in that portion of the City which lies east of the east line of N Street or its extension, but the same must be so kept or stored in tanks sunk in the ground, which tanks must be constructed and maintained in a safe condition and to the satisfaction of the Fire Chief. And after the effective date of the ordinance codified in this chapter no new tanks for the aforementioned purpose shall be constructed in that portion of the City, in this subsection mentioned, except on the written permission of the City Council first had and obtained, which permission shall be signed and countersigned as in the preceding subsection provided.
3. When such article of liquid commonly known as fuel oil is used as a fuel in stoves, furnaces or ovens in the City, the same shall be kept or stored and used from a tank not exceeding 200 gallons in capacity. Said tank shall not be placed nearer than 10 feet to any building or structure or any part thereof. The feed pipe from said tank to the burner shall not exceed one-fourth inch in diameter inside, and shall be fitted with an automatic control or shut-off at the burner, and a shut-off at or near the tank. Said tank may be installed either above or below ground in tanks installed pursuant to rules and regulations as found in the California Fire Code and any Federal, State, County or Municipal Code, ordinance, law or regulation pertaining to storage of such substances; providing, however, that no such fuel oil may be kept, stored or used for fuel as herein provided, until after the system, plant, device or apparatus has been inspected by the Fire Chief of the City, and a permit issued therefor by said Fire Chief. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016- 5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 87-8, 7-14-1987; Ord. 156, 11-12-1946; Ord. 50, 11-29-1910)
7 .03.030 Storage tank regulations.
The storage tank, herein provided for, shall not be covered with earth until the same and its connections have been inspected by the Fire Chief, who shall have the authority to condemn all work under this chapter, including the warehouse provided for herein, from whose order of condemnation the person aggrieved may appeal to the City Council, whose decision shall be final. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11- 8-2016; Ord. 2008-1, 2-12-2008)
7.03.040 Permit required - Fees.
Upon the completion and inspection of work hereunder, the Fire Chief shall issue a permit allowing the maintenance of the tank or other thing requiring permission and sign the same and deliver it to the Chief of Police, who shall countersign the said permit and deliver the same to the person for whom it is intended, collecting the sum of $1.00 as a fee for the same, which shall be paid to the City Treasurer as other moneys of the City are paid. Upon the delivery of said permit, and not before, the permittee shall be authorized to do or Newman City Code Page 8/19
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maintain the thing named in said permit. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8- 2016; Ord. 2008-1, 2-12-2008)
7.03.050 Certain substances prohibited.
No person or agent thereof shall keep, store or maintain dynamite, nitroglycerine or giant powder in any quantity within the City without the permission of the Council first being had and obtained; nor shall any person keep in any one building or place more than 100 pounds of ordinary commercial explosive powder, which said powder shall be kept only in a box which shall have on the outside the word "Powder" in large letters, painted thereon so the same can be easily seen, the said box to be provided with handholds or handles so that the same can be easily removed in case of danger. Nor shall any such person keep any quantity of phosphorus, unless the same be enclosed in glass jars, or metal cans, which must be filled with water and properly closed. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008) 7 .03.060 Enforcement.
It is made the duty of the Fire Chief to enforce the provisions of this chapter, and for that purpose the Fire Chief or fire official shall have authority to enter upon any premises in the City, at any reasonable hour of the day, for the purpose of inspecting the same or any of the structures, tanks and appliances herein mentioned. (Ord. 2019-6 § 1 (Att. A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008; Ord. 50, 11-29-1910) 7 .03.070 Zoning.
The construction of new bulk plants for storage of flammable or combustible liquids is restricted to areas of the City ofNewman zoned heavy industrial. All existing nonconforming bulk plants for storage of flammable or combustible liquids, which substantially comply with the requirements of this title or any chapter of the California Fire Code, may be continued in use ifthe Chief grants a permit. (Ord. 2019-6 § 1 (Att. A), 10-22- 2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016)
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Sections:
7.04.010
7.04.020
7.04.030
Adoption.
Deletions.
Amendments.
7.04.010 Adoption.
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FIRE CODE
That a certain document, a copy of which is on file in the office of the 8taHislaHs CoHHty Fire PreveHtioH BHreaHCity of Newman Fire Department Prevention Division, being marked and designated as the California Fire Code, ;w.+.92022 Edition, including Appendix Chapter 4, Appendices A, B, BB, C, CC, D, E, F, G, I, K, and Division II Administration as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Newman, 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 ofNewman 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. (Ord. 2019-6 § I (Att. A), 10-22-2019; Ord. 2016-5 §I (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008. Formerly 7.05.010) 7 .04.020 Deletions.
There are deleted from the ;w..t.92022 California Fire Code the following sections:
(Ord. 2019-6 § I (Att. A), 10-22-2019; Ord. 2016-5 § I (Att. A), 11-8-2016; Ord. 2008-1, 2-12-2008. Formerly 7.05.020)
7 .04.030 Amendments.
The following sections of the California Fire Code, ;w.+.92022 Edition, are amended to read as follows:
A. Title. Section I 01.1 of the ;w.+.92022 California Fire Code is hereby amended to read as follows:
1. These regulations shall be known as the Fire Code of the City of Newman, hereinafter referred to as "this code."
B. Board of Appeals. Section ~111.1 of the ;w.+.92022 California Fire Code is hereby amended to read as follows:
1. Applicant may appeal the decision of the Chief to the City Manager within thirty (30) days from the date of the decision being appealed whenever the Chief:
a. Disapproves an application for use of alternate materials, methods and/or types of construction,
b. Disapproves an application for a permit or refuses to grant a permit applied for, c. When it is claimed that the provisions of the code do not apply, or d. That the true intent and meaning of the code have been misconstrued or wrongly interpreted.
C. Violations Penalties. Section -1-1-0AI 12.4 of the ;w..t.92022 California Fire Code is hereby amended to read as follows:
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1. Criminal Violations. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this title or any chapter of the California Fire Code. A violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor; except that notwithstanding any other provision of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the City ofNewman Attorney, be charged and prosecuted as an infraction. Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a period of not more than six ( 6) months or by both fine and imprisonment. Any person convicted of an infraction under the provisions of this code, unless provision is otherwise herein made, shall be punishable by a fine only as follows: Upon a first conviction, by a fine of not exceeding two hundred fifty dollars ($250.00) and for a second conviction or any subsequent conviction within a period of one year, by a fine of not exceeding five hundred dollars ($500.00).
2. Each such person shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly.
D. Administrative Penalties. In addition to any other remedies set forth in this chapter, administrative penalties may be imposed against any person, as defined in Section 110.4.1112.4.1, Abatement of violation, of the California Fire Code, for violating any of the requirements set forth in this Code.
1. Any administrative penalties assessed shall be as follows:
E. Fees.
a. For violations of California Fire Code Section 5601.1.3, Fireworks, possession, sale, use or discharge of dangerous fireworks, the administrative penalty shall be $~1000.00 for each specific act found to be in violation of that section.
b. For all other violations of this title or any chapter of the California Fire Code, the amount of the administrative penalty shall be $100.00 for the first violation, $200.00 for a second violation within any 12-month period and $500.00 for any subsequent violations within any 12-month period. c. All administrative penalties will be collected in accordance with Newman City Code Chapter 8. 06.
1. Permit Fee. The BeaffiCity Council of the City ofNewman may, by resolution adopted from time to time, charge a fee for any permit issued pursuant to the Fire Code.
2. Plan Check Fee. When a plan is required to be submitted, the plan-checking fee shall be paid at the time of submitting plans and specifications for checking.
3. Where plans are incomplete, or changed so as to require an additional plan check, an additional plancheck fee shall be charged at a rate shown in a schedule setting forth fees as adopted from time to time by resolution of the City of Newman.
F. Water Supplies and Fire Hydrants. Section 507 .5 .1, Where Rrequired, of the 2-0-1-92022 California Fire Code is hereby amended to read as follows:
1. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings, or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 150 feet (45,720 mm) from a hydrant on a fire apparatus access road, as measured by Newman City Code
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an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. a. Exception: For Group R-3 and Group U occupancies, equipped throughout with an approved automatic sprinkler system installed in accordance with section 903 .3 .1.1, 903.3.1.2, or 903.3.1.3, the distance requirement shall not be more than 500 feet (152,400 mm).
2. Fire hydrants shall be located on the supply side of the fire suppression system check valve.
3. Fire hydrants shall be accessible to the Fire Department apparatus by roads meeting the requirements of Section 503 .1 and Appendix D.
G. Fire ExtiagHishiag Systems, Chapter 9, is ameaded as follows Automatic Sprinkler Systems, Section 903.2 of the 2022 California Fire Code is hereby amended to read as follows:
1. Seetioa 903 .2.1.1 (A 1 OeeHpaaey). Amead as follows New Construction. An approved automatic fire sprinkler system is required 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. Area separation walls shall not be used for the purpose of eliminating automatic fire sprinkler systems required by this section. a. The fire area exeeeds 5,000 sqHare feet (4 05 m±'f;Exceptions:
i. Buildings and structures classified as F-1 Nut Hullers less than 12,001 square feet and unattached Group U occupancies as classified by the Stanislaus County Building Code Official.
ii. If the provisions of 903.2.1 through 903.2.21 are more restrictive, then the more restrictive requirement shall apply.
2. Seetioa 903 .2.1.2 (A 2 Oee1:1paaey). Amead as follovt's Existing Buildings. Section 903.2.22 is hereby added to the 2022 California Fire Code to read as follows:
a. The fire area exeeeds 5, 000 sq1:1are feet (4 05 m±j An approved automatic fire sprinkler system shall be installed in all existing buildings and structures when additions or alterations are made that cause the said building or structure to exceed five thousand (5, 000) square feet.
i. Exceptions
(A) Buildings and structures classified by the City of Newman Building Official as unattached U occupancies.
(B) Buildings and structures classified by the City of Newman Building Official as Residential Group R-3 occupancies.
(C) Each portion of an existing building or structure is separated by one or more firewalls that limit each fire area to a maximum of (5, 000) square feet
3. Seetion 903 .2.1.3 (A 3 OeeHpaaey). Amead as follo·.vs:
a. The fire area exeeeds 5,000 sqHare feet (405 m±'f;
4. Seetioa 903 .2.1.4 (A 4 OeeHpaaey). Amend as follows:
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a. The fire area exceeds 5,000 square feet (465 m±t,.
5. Section 903.2.3 (E Occupancy). Amend as follo\\'S:
a. Throughout all Group E fire areas greater than 5,000 square feet (465 mi) in area.
6. Section 903 .2.4 (F 1 Occupancy). Amend as follows:
a. A Group F 1 fire area exceeds 5,000 square feet (465 m±t,.
7. Section 903.2.7 (M Occupancy). Amend as follows:
a. A Group M fire area exceeds 5,000 square feet (465 m±t,.
8. Section 903 .2.9 (S 1 Occupancy). Amend as follw+Ys:
a. A Group S 1 fire area exceeds 5,000 square feet (465 m±t,.
9. Section 903.2.9.1 (Repair Garages). Amend as follmvs:
a. Buildings having tv.'o or more stories above grade plane, including basements, ·.yith a fire area containing a repair garage exceeding 5,000 square feet (465 m±t,.
10. Section 903.2.11, Specific buildings areas and hazards. Add to read:
a. A.n automatic fire sprinkler system shall be installed throughout all buildings:
I. The building exceeds 5,000 square feet (465 m±t,.
b. EXCEPTION:
I. Non residential buildings and unoccupied structures that are located in Agricultural zones and permitted by the Planning Department under Stanislaus County Code Section
21.20.020(A).
11. Section 903 .2.18, Group U private garages and carports accessory to Group R 3 occupancies, will have added Section 903 .2.18.1 to read as follows:
a. For isolated buildings or groups of buildings meeting the definition of Miscellaneous Group U, in rural area ·.vhere no water is available from a municipal water system, a fire sprinkler system meeting all of the following criteria shall be considered as an alternative to systems that are in full compliance with sections 903 .3 .1.2 903.3.1.3.
I. Sprinklers will be designed and installed per section 903 .3 .1.2 903 .3 .1.3.
II. The required sprinkler demand (not including hose stream allmvance) shall be provided by a hydro pneumatic tank for a minimum duration of 15 minutes. The tank may be pressurized by the domestic ·.vell pump and may serve both the fire supply and domestic supply for the building. The tank must ha-ve a capacity equal to or greater than the calculated sprinkler demand. Calculations shall be provided to determine the actual size of tank required for each pre;j ect.
III. A separate storage tank or other water souree acceptable to the chief shall be provided to accommodate sprinkler and hose demand for an additional 30 minutes beyond the storage required in 8(b).
IIII. An approved sprinkler system monitoring alarm as defined in section 903. 4 .1 of the California Fire Code shall be provided.
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H. Fire Alarm Systems. Section 907.1.3.1, Equipment, of the ~2022 California Fire Code is hereby amended by adding the following:
1. A certificate from Underwriters Laboratories (UL) shall be required on all commercial fire alarm systems installed after the effective date of this ordinance. UL certification is required to be maintained for commercial fire alarm systems throughout the life of the alarmed building.
I. Open Burning, Recreational Fires, and Portable Outdoor Fireplaces. Section 307.1, General, of the ~2022 California Fire Code is hereby amended by adding the following:
1. Open burning. No person shall kindle, conduct, or maintain any burning of grass, weeds, agricultural trimmings, or other combustibles or authorize any such fire to be kindled, conducted, or maintained without a permit as required by the San Joaquin Valley Unified Air Pollution Control District and compliance with all safeguards pursuant thereto. Any such permitted burning shall be restricted to agricultural purposes and confined to areas of the City ofNewman in which agricultural uses are lawful.
J. Type of Lock or Latch for Premises Where Gold or Bullion is Traded (Note: Building Code). Section 1010.1.9.14 of the ~2022 California Fire Code is amended to add as follows:
1. An exit door from a business which has as its primary commercial activity the sale, resale, exchange, or trade of gold or silver coin, bullion, or metal ore may be equipped with a locking mechanism which is not able open from inside without the use of a key or which requires special knowledge or effort so long as all of the following conditions are met during all times that the business is open to the public:
a. The locking mechanism is connected to a smoke detector system in such a manner that activation or malfunction of the smoke detector system results in automatically unlocking the exit door;
b. The locking mechanism is connected to the electrical power supply for the building in such a manner that any loss of electrical power to the building results in automatically unlocking the exit door;
c. Two (2) employees must be within the area of the premises used for retail purposes, including adjacent service and utility rooms, at all times; and d. A sign is permanently posted upon the premises so as to be readily seen by any person or persons entering the business stating that the management electronically controls ingress and egress.
K. False Alarms. Section 907.1.6 of the ~2022 California Fire Code is hereby added to read as follows:
1. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted. The City of Newman may adopt by resolution reasonable fees to recover the costs associated with responses to buildings or structures that have excessive false alarms.
L. Water 8Hpply for Pallets. 8eetion 507.3.1 of the 2019 California Fire Code is hereby added to read as follows Outdoor Storage of Pallets. Section 2810 of the California Fire Code is hereby amended by adding the following:
1. Pallet yards. Fire proteetion '+Yater sHpply for pallets shall be in aeeordanee ·.vith 8eetion 2809.5.0utdoor Storage of Pallets 2810.12 of the California Fire Code is hereby amended by adding the Additional Requirements for Outdoor Storage of Pallets Newman City Code
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a. Open yards required by the California Building Code shall be maintained around structures.
b. Piles shall be a minimum of 25 feet from a structure. c. The maximum dimensions of a pile shall not exceed 20 feet by 70 feet. d. There shall be 10 feet of aisle ways between piles.
e. Piles shall be placed in grids not to exceed 140 feet by 150 feet. Permanent floor marking red in color may be required by the fire code official. f. Each grid shall be separated by an approved fire apparatus access road. g. Permanent pallet storage areas shall be surrounded by an approved fence.
Fences shall be a minimum of six (6) feet in height about grade. • Note: Pallets shall not obstruct fire apparatus roadways or access to water supplies.
M. Fire·.vorks. See StaRislaHs CoHRty Code Chapter 9.84, Fire'.vorks.
N. Operating Heating, Lighting, and Cooking Appliances Prohibited. Section 5705.3.3 of the ~2022 California Fire Code is hereby amended to include the following:
1. Heating, lighting, and cooking appliances that utilize Class I, Class II, and III Liquids shall not be operated within a building or structure.
a. Exception: Operation in single-family dwellings.
0. Transfer Operations. Section 5706.6.2, Parking, of the ~2022 California Fire Code is hereby amended by adding the following:
1. Parking of tank vehicles shall be in accordance with sections 5706.6.2.1 through 5706.6.2.3. Tank vehicles and tank cars shall be unloaded as soon as possible after arrival at point of delivery and shall not be used as storage tanks. Unless otherwise approved, a tank car shall not be allowed to remain on a siding at the point of delivery for more than twentyfour (24) hours while connected for transfer operations.
P. Key Boxes. Section 506.1, Where Required, of the ~2022 California Fire Code is amended to read as follows:
1. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, an approved key box shall be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the Fire Chief.
Q. Deposits of Hazardous Materials - Cleanup, Abatement, or Mitigation Required - Liability for Costs. Section 5003 .3 .1.4 of the ~2022 California Fire Code is hereby amended to read as follows:
1. Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute 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 Chief, 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 unauthorized discharge.
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The remedy provided by this section shall be in addition to any other remedies provided by law.
2. For purposes of this section, costs incurred by the City of Newman shall include, but shall not necessarily be limited to, the following: actual labor costs of City of Newman personnel, including worker's compensation benefits, fringe benefits, administrative overhead; cost of equipment operation; cost of materials obtained directly by the City of Newman; 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.
R. General Safety Precautions. Section 312.2, Posts, of the Wl-92022 California Fire Code is hereby amended to read as follows:
1. Protection from vehicles: 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:
a. Constructed of steel not less than six (6) inches in diameter and concrete filled, b. Spaced not more than four ( 4) feet between posts on center, c. Set not less than three (3) feet deep in a concrete footing of not less than a fifteen (15) inch diameter,
d. Set with the top of the posts not less than three (3) feet above ground, and e. Located not less than five (5) feet from the tank.
S. Outside Storage and Use of Liquefied Petroleum Gases. Section 6104.J-2, Container Location, of the Wl-92022 California Fire Code is amended to add as follows:
1. The outside storage of liquefied petroleum gas (LP-gas) shall conform to the provisions of City of Newman zoning ordinances. The outside storage and use of liquefied petroleum gases is restricted as specified in this section.
a. Storage and dispensing of LP-gas for resale purposes, into approved containers and vehicles, is restricted to those areas of the City ofNewman zoned as Commercial-Light Industrial, Heavy Industrial, and, in addition thereto, to other commercially zoned properties used as automotive service stations. Only qualified persons shall perform dispensing.
b. Dispensing of LP-gas for private use is restricted to those zones identified above in subsection S: 1, and when approved by the Chief, may be permitted in those areas of the City of Newman designated Commercial. Only qualified persons shall perform dispensing. c. For cooking, lighting, or heating in a building, only on a property that does not have natural gas service existing on a boundary line of said property or when prohibition of such storage would cause undue hardship.
d. For temporary use on construction sites, when authorized by the Chief. e. For use as an alternative fuel supply for an emergency standby generator, when authorized by the Chief.
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f. For use with certain mobile vending and certain commercial barbecue equipment and other specific uses when authorized by the Chief.
g. For use by Artisans in pursuit of their trade, when authorized by the Chief. h. Storage of portable containers awaiting exchange may be permitted in commercially zoned areas of the City of Newman, when approved by the Chief and stored in accordance with Section 6109.
i. Containers that exceed 2,000 gallons shall comply with proeedHre FPB 82 01. Stanislaus County Fire Wardens Fire Prevention Bureau procedures.
T. Permits and Plans for Liquefied Petroleum Gases. Section 6101.2 and 6101.3 of the 2G+92022 California Fire Code is hereby amended to read as follows:
1. Permits. Permits shall be required as set forth in sections 105.5 and 105.6 and 105.7.
2. Distributor shall not fill an LP-Gas container for which a permit is required unless the fire code official has issued a permit for installation for that location. a. EXCEPTION:
i. Containers not exceeding five (5) gallon water capacity, used for "barbecue" cooking, when used and stored outside of buildings.
ii. Approved containers not exceeding sixteen and four-tenths (16.4) ounces when displayed for sale in mercantile occupancies.
iii. Factory installed containers for recreational vehicles not exceeding ten ( 10) gallon water capacity.
iv. Factory installed tanks that are permanently attached to recreational vehicles.
3. Outside storage and use of Liquefied Petroleum Gases. Section 6104.2 of the 2022 California Fire Code is amended as follows:
i. The outside storage of liquefied petroleum gas (LP-gas) shall conform to the provisions of City of Newman zoning ordinances. The outside storage and use of liquefied petroleum gases is restricted as specified in this section. ii. Storage and dispensing of LP-gas for resale purposes, into approved containers and vehicles, is restricted to those areas of the City of Newman zoned as CommercialLight Industrial, Heavy Industrial, and in addition thereto, to other commercially zoned properties used as automotive service stations. Only qualified persons shall perform dispensing.
iii. Locations where above-ground tanks are prohibited. Section 5704.2.9.6.1 of the 2022 California Fire Code is amended as follows:
(A) All R-1, R-2, and R-3 zoning designations as identified by Title 5 Zoning of the Newman City Code.
(8) Locations where above· ground tanks are prohibited. Section 5706.2.4.4 of the 2022 California Fire Code is amended as follows:
(C) All R-1, R-2, and R-3 zoning designations as identified by Title 5 Zoning of the Newman City Code.
Newman City Code
Chapter 7.04 FIRE CODE
(D) Maximum capacity within established limits. Section 6104.2 of the 2022 California Fire Code is amended as follows:
i. In the incorporated boundary within the City of Newman.
U. Supervision and Communication System. Section 907.2.1.4 of the ;w.t..92022 California Fire Code is hereby added to read as follows:
1. Supervision. Places of assembly shall be under the constant supervision of a competent adult on the premises during the time that the premises are open to the public.
2. Communications. When required by the chief, places of assembly shall be provided with a method for notifying the fire department in the event of an emergency. Such method can consist of a telephone, an alarm system connected to the fire department or other approved agency, or other approved means. Methods of notifying the fire department shall be readily available to the public.
V. Powered Industrial Truck Operation. Section 309.8 of the ;w.t..92022 California Fire Code is hereby added to read as follows:
1. Powered Industrial trucks shall be listed and labeled for use in the environment intended and shall be in accordance with nationally recognized standards.
W. Maintenance of Protected Aboveground Tanks. Section 5704.2.9.-1-08 of the ;w.t..92022 California Fire Code is hereby added to read as follows:
1. Protected aboveground tanks and connected piping shall be maintained in a safe operating condition. Protected aboveground tanks shall be maintained in accordance with their listings. Damage to protected aboveground tanks shall be repaired using material having equal or greater strength and fire resistance or the protected aboveground tank shall be replaced or taken out of service.
X. Fire ApparatHs Access Roads (Appendix D).
1. Appendix D. Table Dl03.4 of the 2019 California Fire Code is amended as follows:
Ref)eiFements faF Dead End FiFe 1
4 ... ptJaFates Aeeess Reads
Length Width TeFnaF0ends
(feet) (feet) Ref)eiFed
0 1§0 2.() None ReEJHired
1§1 §00 2.() 120 foot hammerhead,
00 foot "¥" or 100 foot
CHI de sac in
accordance with FigHre
Dl03.l
§01 '.7§0 26 120 foot hammerhead,
00 foot "¥" or 100 foot
CHI de sac in
accordance Vlith FigHre
Dl03.l
G1tier '.7§0 Special Appro?ial ReEJHifed
Newman City Code
Chapter 7.04 FIRE CODE
2. AppeHdb( D Figure Dl03.l is ameHded as follw.vs:
Dead Eed FiFe 1+ ... ppaFates Aeeess Raad TeFeaF0eed
R30'
40· 6
R3o·
Ml IMU CLEARANCE
AROUND A FIRE
HYDRANT
26'
120-FOOT HAMMERHEAD
26"
30" R
TYP
1 oo· -FOOT DIAMETER
CUL-DE-SAC
100·
20'
ACCEP ABLE ALTERNATIVE
TO 20-FOO HA MERHEAD
26'R
TYP.
20'
60-FOOT"Y"
}fote: Drawiflg Hot to scale
Y. Outdoor Storage of Pallets. Sectiofl 2810 of the 2019 California Fire Code is hereby ameHded by addiHg the followiHg:
1. 2810.12 AdditioHal RequiremeHts for Outdoor Storage of Pallets:
1. OpeH yards required by the California BuildiHg Code shall be maiHtaiHed aroufld structures
2. Piles shall be miflimum of 25 feet from a structure
3. Piles shall Hot be located vlithiH 10 feet of a property liHe 4 . The maximum dimeHsioHs of a pile shall Hot exceed 20 feet by 70 feet Newman City Code
Chapter 7.04 FIRE CODE
5. There shall be 10 feet of aisle Vt'ays bet\veen piles
6. Piles shall be placed in grids not to exceed 140 feet by 150 feet
7. Each grid shall be separated by an approved fire apparatl:ls access road
8. Permanent pallet storage areas shall be st:1rrot:1nded by an appmved fence a. Fences shall be a minimt:1m of six (6') feet in height above grade
9. Pile height shall not e1rneed hventy (20') feet
Note: Pallets shall not obstract fire apparatt:1s road v+'ays or access to water st:1pplies (Ord. 2019 6 § 1 (Att. A), 10 22 2019; Ord. 2016 5 § 1 (Att. A), 11 8 2016· Ord 2008 1 2 12 2008. Formerly 7.05.030) ' · '