Newman City Council
September 23, 2025

Newman City Code
Chapter 4.22 SAFETY ASSESSMENT PLACARDS

RESTRICTED USE
Caution: This structure has been inspected and
found to be damaged as described below:

Entry, occupancy and lawful use are restricted as
Indicated below:

Facility Name and Address:

Date: _____________ _
Time: _____________ ~
(Caution: Aftershocks since inspection may
increase damage and risk)
This facility was inspected under emergency
conditions by:

City of Newman, California
938 Fresno Street, (209) 243-2353
Inspector ID/Agency:

Do Not Remove, Alter or Cover this Placard
until Authorized by the Building Official
(Municipal Code Title 4, Chapter 4.22)
(Printed on YELLOW colored paper)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.22 SAFETY ASSESSMENT PLACARDS
UNSAFE

DO NOT ENTER OR OCCUPY
(THIS PLACARD IS NOT A DEMOLITION ORDER)
This structure has been inspected, found to be
seriously damaged and is unsafe to occupy, as
described below:

Do not enter, except as specifically authorized
in writing by jurisdiction. Entry may result in
death or injury.

Facility Name and Address:

Date: -------------
Time:-------------
(Caution: Aftershocks since inspection may
increase damage and risk)
This facility was inspected under emergency
conditions by:

City of Newman, California
938 Fresno Street, (209) 243-2353
lnspector ID/ Agency:

Do Not Remove, Alter or Cover this Placard
until Authorized by the Building Official
(Municipal Code Title 4, Chapter 4.22)
(Printed on RED colored paper)
(Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att.

A), 10-11-2016; Ord. 2013-3 § 1 (Att. A), 11-12-2013; Ord. 2010-7 § 1 (Att. A), 10-12-2010) The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code
Chapter 4.23 SMALL RESIDENTIAL ROOFTOP

SOLAR PERMITTING PROCEDURES
Chapter 4.23

SMALL RESIDENTIAL ROOFTOP SOLAR PERMITTING PROCEDURES
Sections:

4.23.010

4.23.020

4.23.030

4.23.040
Purpose.

Definitions.

Permitting process.

Inspection process.

4.23.010 Purpose.

Section 65850.5 of the California Government Code provides that, on or before September 30, 2015, every city, county, or city and county shall adopt an ordinance that creates an expedited, streamlined permitting process for small residential rooftop solar energy systems. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015)

4.23.020 Definitions.
"Electronic submittal" means the utilization of one or more of the following:

1. Email;

2. The internet;

3. Facsimile.
"Small residential rooftop solar energy system" means all of the following:

1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

2. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision ( c) of Section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.

3. A solar energy system that is installed on a single- or duplex-family dwelling.

4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
"Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time. (Ord. 2022-3 § I (Att. A), 2022; Ord. 2019-5 § I (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 §I (Att. A), 8-11-2015)

4.23.030 Permitting process.

The expedited, streamlined permitting process for small residential rooftop solar energy systems shall comply with the applicable requirements contained in this title, Building Regulations, and all of the following:

A. The Department shall develop a checklist of all requirements with which small rooftop solar energy systems shall comply to be eligible for expedited review.

B. The checklist and required permitting documentation shall be published on a publicly accessible internet website.

C. As allowed by available resources, the Department shall allow for electronic submittal of a permit application and associated documentation and shall allow electronic signature in lieu of a wet signature.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.23 SMALL RESIDENTIAL ROOFTOP

SOLAR PERMITTING PROCEDURES

D. Upon confirmation by the Department that the application and supporting documentation are complete and meet all requirements of the California Building Standards Code, the Department shall approve the application and issue all required permits. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015)

4.23.040 Inspection process.

Small residential rooftop solar energy systems eligible for expedited, streamlined permitting process shall only require one inspection, unless the installation is found to be out of compliance with the California Building Standards Code or a separate fire safety inspection is required. Inspection requests shall be made in compliance with this title, Building Regulations. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2016-4 § 1 (Att. A), 10-11-2016; Ord. 2015-4 § 1 (Att. A), 8-11-2015) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.24 ELECTRIC VEHICLE CHARGING

ST A TI ON PERMITTING PROCEDURES
Chapter 4.24

ELECTRIC VEHICLE CHARGING STATION PERMITTING PROCEDURES Sections:

4.24.010

4.24.020

4.24.030

4.24.040

4.24.050

4.24.060

4.24.070
Purpose.

Definitions.

Checklist.

Expedited building permit process for electric vehicle charging stations.

Electronic submission.

Installation.

Technical review.

4.24.010 Purpose.

The City seeks to encourage the use of fuel-efficient electric vehicles by streamlining the process for obtaining a building permit for electric car charging stations. Section 65850.7 of the California Government Code provides that, on or before September 30, 2017, every city, county, or city and county, with a population less than 200,000, shall adopt an ordinance creating an expedited, streamlined permitting process for electric vehicle charging stations. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.020 Definitions.
"CEC" means California Code of Regulations, Title 24, Part 3, also known as the California Electrical Code. "Electric vehicle charging station" or "charging station" means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the CEC, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle. "Electronic submittal" means the utilization of one or more of the following: email; the internet; facsimile. "Specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions, as they existed on the date the application was deemed complete. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017- 4 § 1, 9-26-2017)

4.24.030 Checklist.

A. The City Building Official shall adopt a checklist of all requirements for an expedited building permit application for electric vehicle charging stations. The checklist shall substantially conform to the checklist and standard plans contained in the most current version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research.

B. The checklist, application form, and any other documents required by the City Building Official shall be published on the City's website. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.040 Expedited building permit process for electric vehicle charging stations.

A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have a specific, adverse impact to public health and safety, and building occupants.

Verification by the applicant includes, but is not limited to: electrical system capacity and loads; electrical system wiring, bonding, and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; areas of charging station equipment; and vehicle parking.

B. A permit application that satisfies the information requirements in the City's adopted checklist shall be deemed complete and be promptly processed. Upon confirmation by the City Building Official that the permit application and supporting documents meet the requirements of the City-adopted checklist, and are consistent with all The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.24 ELECTRIC VEHICLE CHARGING

STATION PERMITTING PROCEDURES

applicable laws, and health and safety standards, the City Building Official shall approve the application and issue all necessary permits. Such approval does not authorize an applicant to energize or utilize the electric vehicle charging station until approval is granted by the City.

C. If the application for an expedited building permit is incomplete, the City Building Official shall provide a written correction notice of the deficiencies and the additional information required to be eligible for expedited building permit issuance.

D. The City Building Official shall not condition the approval for any electric vehicle charging station permit on the approval by an association, as that term is defined by California Civil Code Section 4080. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.050 Electronic submission.

The City Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentation. In accepting permit applications, the City Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.060 Installation.

A. Electric vehicle charging station equipment shall meet the requirements of the CEC, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means, and overcurrent protective devices shall meet the requirements of Article 625 of the CEC, and all applicable provisions under California Code of Regulations, Title 24, Part 3.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the CEC. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer's installation instructions. Mounting of charging stations shall not adversely affect building elements. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)

4.24.070 Technical review.

This chapter aims to encourage the installation of electric vehicle charging stations by removing obstacles to permitting for charging stations, so long as the action does not supersede the City Building Official's authority to address higher priority life-safety situations. If the City Building Official finds, based on substantial evidence, that an electric vehicle charging station could have a specific adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2017-4 § 1, 9-26-2017)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS
Sections:

4.25.010

4.25.020

4.25.030

4.25.040

4.25.050

4.25.060

4.25.070

4.25.080

4.25.090

4.25.100

4.25.110

4.25.120

4.25.130

4.25.140

4.25.150

4.25.160
Chapter 4.25

UNIVERSAL DESIGN FOR RESIDENTIAL DWELLINGS
Purpose.

Findings.

Definitions.

Scope and application.

Exemptions.

Standards - Primary entrance.

Standards - Interior routes.

Standards - Primary floor powder room/bathroom entry and facilities.

Standards - Kitchen and facilities.

Standards - Common use room.

Standards - Bedroom.

Standards - Miscellaneous areas.

Standards - General components.

Standards - New construction - Permissive options.

Enforcement.

Purchaser opt-out option.

4.25.010 Purpose.

A. The purpose of the design guidelines established by this chapter is to enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home's occupants or guests in order to accommodate a wide range of individual preferences or physical abilities.

B. The promotion and preservation of the public health, safety, and general welfare of the people of the City and the property situated therein have made necessary the adoption of a universal design standard for dwellings in order to adequately safeguard life, health, property, and general welfare.

C. The purpose of this chapter is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this chapter. (Ord. 2022-3 § 1 (Att.

A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.020 Findings.

A. Pursuant to Health and Safety Code Section 17959, the City Council of the City of Newman hereby finds that the provisions of this chapter are reasonably necessary because, according to the City's Certified Housing Element, approximately 23 percent of the City's residents have physical conditions that affect their abilities to live independently. Individuals with mobility difficulties may require special accommodations to their homes to allow for continued independent living.

B. The City Council of the City of Newman hereby finds that the provisions of this chapter are reasonably necessary to enhance the full life cycle use of housing without regard to the physical abilities or disabilities of a home's occupants or guests in order to accommodate a wide range of individual preferences and functional abilities.

C. Pursuant to Health and Safety Code Section 17959, the City Council of the City of Newman hereby finds that the provisions of this chapter are substantially the same as the model universal design local ordinance adopted by the Department of Housing and Community Development. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.030 Definitions.
"Accessible" means as consistent with or as defined by the California Building Code, Chapter 1 lA.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

"ANSI Al 17.1" means the most current version of the "Standard on Accessible and Usable Buildings and Facilities," commonly known as "ICC/ANSI Al 17.1," published by the International Code Council and the American National Standards Institute, Inc.
"Bathroom" means a room containing a water closet (toilet), lavatory (sink), and either a shower, bathtub, combination bathtub/shower, or both a shower and bathtub. It includes a compartmented bathroom in which the fixtures are distributed among interconnected rooms.
"CBC, Chapter 1 lA" means Chapter 1 lA of the California Building Code (located in Part 2, Title 24, California Code of Regulations), or its successor provisions.
"Common use room" means a room commonly used by residents or guests to congregate. "Condominium" means as defined by the California Building Code. "Custom-built home" means a single-family detached dwelling that is built to the owner's specifications and not part of a master plan check.
"Dwelling unit" means as defined by the California Building Code. "Owner-occupied" means any residential dwelling unit not intended, at the time of application for the building permit, to be occupied as a rental dwelling.
"Powder room" means a room containing a water closet (toilet) and lavatory (sink), but no bathtub or shower. It includes a compartmented powder room in which the fixtures are distributed among interconnected rooms. "Primary entry" means the principal entrance used to enter a building or residential unit, as designated by the Building Official for purposes of compliance with this chapter. "Rental" means any residential dwelling unit not intended, at the time of application for a building permit, to be occupied by the owner.
"Single-family residential dwelling" means as consistent with or as defined by the California Building Code. "Substantial rehabilitation" means the reconstruction of the primary entry, hallway, or one bathroom or powder room on the route from the primary entry, when that reconstruction is required to be consistent with the most current version of the California Building Standards Code.
"Visitable residential dwelling" means a residential unit subject to the requirements of this chapter by virtue of being within the scope of this chapter as defined in NCC 4.25.040. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att.

A), 10-8-2019; Ord. 2019-1§1, 2-12-2019)

4.25.040 Scope and application.

A. Unit Coverage. All residential dwelling units that are a part of a residential development project for which an application for a new construction building permit is submitted to the Building Division after the effective date of this chapter shall be visitable residential dwellings.

B. Unit Types. New construction of all single-family, duplex, and triplex residential dwellings for which an application for a building·permit is submitted to the Building Division after the effective date of the ordinance codified in this chapter shall be subject to this chapter.

C. Conditions of Approval. Any tentative map, conditional use permit, site development review or building permit master plan check subject to this chapter shall contain conditions sufficient to ensure compliance with the provisions of this chapter. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1§1, 2-12-2019) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

4.25.050 Exemptions.

A. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship, or that equivalent facilitation is not available, an exception to that portion of the regulation may be granted.

B. When the applicant adequately demonstrates and the Building Official determines that compliance with any portion of any regulation under this chapter would create an undue hardship due to topographical conditions of the site and/or due to the size of the site and/or other site constraints and/or legal constraints and that no equivalent facilitation is available, an exemption to that portion of the regulation may be granted.

C. When the applicant adequately demonstrates and the Building Official determines that a residential dwelling unit is being reconstructed as a result of a disaster, an exemption to all or any portion of this chapter may be granted.

D. This chapter shall not be applicable to any residential structure constructed if the primary entry of that structure is above grade because the primary entry is located over subterranean or grade-level parking. (Ord. 2022-3 § 1 (Att.

A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019)

4.25.060 Standards -Primary entrance.

A. New Construction - Mandatory to Install. There are no mandatory installations related to primary entrances in a visitable residential dwelling.

B. New Construction-Mandatory to Offer. The following options for the accessible entrance on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with NCC 4.25.140:

1. At least one doorbell is provided for the accessible entry door, one that is between 42 inches and 48 inches from the finished floor must be installed.

2. An exterior accessible route that is either: consistent with the requirements of CBC Chapter l lA; or not be less than 40 inches wide and not have a slope greater than one unit vertical in 20 units horizontal.

3. The accessible primary entrance that is consistent with the requirements of CBC Chapter 11 A.

4. The floor or landing at and on the exterior and interior side of the accessible entrance door that is either of the following: consistent with the requirements of CBC Chapter l lA; or the width of the level area on the side to which the accessible entrance door swings shall extend 24 inches past the strike edge of the door.

5. The exterior accessible entry door that is either: consistent with the requirements of CBC Chapter l lA, or has a 34-inch net clear opening.

6. A second exterior door that is installed in a manner so that it is accessible as provided in this section with a 32-inch net clear opening.

7. Where at least one eyehole is provided in the accessible entry door, one shall be at standard height and a second one shall be between 42 inches and 44 inches from the finished floor. (Ord. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1§1, 2-12-2019)

4.25.070 Standards - Interior routes.

A. New Construction - Mandatory to Install. There are no mandatory installations related to interior routes in a visitable residential dwelling.

B. New Construction-Mandatory to Offer. The following options for accessible interior routes on the primary entry level shall be offered and, if accepted, installed at the request and cost of the purchaser/owner, if requested when installation is consistent with NCC 4.25.140:

1. At least one accessible route through the hallways consistent with the requirements of CBC Chapter l lA from the accessible entrance of the dwelling unit to the primary entry level powder room or bathroom, a common use room, and the kitchen if located on the primary entry level.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

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 I IA 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. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; 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 1 lA.

2. Clear space in the bathroom or powder room that is either: consistent with the requirements of CBC Chapter 1 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 1 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 1 lA.

5. A bathtub or shower meeting the requirements of ANSI A 11 7 .1.

6. Grab bars installed in a manner consistent with CBC Chapter 1 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 1 lA.

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 1 lA. (Ord. 2022-3 § 1 (Att. A), 2022; 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, if requested when installation is consistent with NCC 4.25.140:

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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 11 A.

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. 2022-3 § 1 (Att. A), 2022; 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, if requested 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. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (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, if requested 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. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (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, if requested when installation is consistent with NCC 4.25.140:

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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. 2022-3 § 1 (Att. A), 2022; 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 1 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 1 lA.

3. Rocker light switches and controls or light switches and controls meeting the requirements of ANSI Al 17.1 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 1 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 1 lA.

6. If the Building Official or owner/purchaser determines that the accessible route and doorway width options prescribed by Chapter 11 A 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 hallway, 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.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 4.25 UNIVERSAL DESIGN FOR

RESIDENTIAL DWELLINGS

8. Standards pertaining to residential structures from ANSI Al 17 .1 may be used throughout this chapter when CBC Chapter 11 A does not contain specific standards or when the ANSI standards are equivalent to the Chapter 1 lA standards. (Ord. 2022-3 § 1 (Att. A), 2022; 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. 2022-3 § 1 (Att. A), 2022; 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. 2022-3 § 1 (Att.

A), 2022; 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. 2022-3 § 1 (Att. A), 2022; Ord. 2019-5 § 1 (Att. A), 10-8-2019; Ord. 2019-1 § 1, 2-12-2019) The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10.a.

City Council Meeting
of September 23, 2025
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, 2025 EDITION OF THE CALIFORNIA FIRE CODE AND

DESIGNATING FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178
RECOMMENDATION:

It is recommended that the City Council conduct a first reading and introduce by title Ordinance No. 2025- , 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 And Designating Fire Hazard Severity Zones As Recommended By The California Department Of Forestry And Fire Protection Pursuant To Government Code Section 51178.

BACKGROUND:

The Newman City Code (NCC) Title 7, Fire Regulations, was last updated with the release of the 2022 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 2025 Edition of the California Fire Code.

The state also adopted Government Code 511 78, establishing Fire Hazard Severity Zone recommendations. These Severity Zones are based on consistent statewide criteria and the severity of fire hazard that is expected to prevail in those areas. The State Fire Marshal has identified a moderate hazard severity zone within the City limits. (The map is available on the City of Newman's website for review.) The identified Fire Hazard Severity Zone is located along Hills Ferry Road, specifically in the eastern and southern portions of the City's wastewater treatment plant.

California Government Code 511 79 requires local agencies to designate, by ordinance, the recommended Fire Hazard Severity Zone map.

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 Fire Code is Part 9 of the California Code of Regulations, Title 24, also referred to as the California Building Standards Code, which applies to occupancies in the State of California as annotated. As a result of said implementation and the 2025 Edition of the California Fire Code, the following amendments are proposed:
• Chapter 07.01.060 Badge and uniform of members: Grammatical changes only. • Chapter 07.01.090 Fire Hazard Severity Zones: Add language to comply with Government Code Section 51178.
• Chapter 07.04.010 Adoption: Updated language to reflect adoption of the 2025 CFC with Appendices. • Chapter 07.04.030 Amendments: Updated language to reflect the referenced section of the 2025 CFC. • Chapter 07.04.030(U) Outside Storage and Use of Liquefied Petroleum Gases: removed duplicate language and reassigned section to Location Where Above-Ground Tanks are Prohibited. • Chapter 07.04.030(X) Flammable Cryogenic Fluids Limits: Added section on prohibited location and zoning restrictions.

FISCAL IMPACT:

There is no fiscal impact on the City of Newman.

Agenda Item: 10. 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 and designate the recommended Fire Hazard Severity Zones. 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. 2025- , An Ordinance Amending Title 7 Fire Regulations Of The Newman City Code.

ATTACHMENTS:

1. Proposed Ordinance No. 2025- , An Ordinance Amending Title 7 Fire Regulations Of The Newman City Code And Incorporating The California Code Of Regulations Title 24, Part 9, 2025 Edition Of The California Fire Code And Designating Fire Hazard Severity Zones As Recommended By The California Department Of Forestry And Fire Protection Pursuant to Government Code Section 51178

2. City of Newman - Local Responsibility Area Fire Hazard Severity Zones Respectfully submitted,
fl----- Fire Chief

REVIEWED/CONCUR
;;®:y~ Michael Holland
City Manager
ORDINANCE NO. 2025-
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, 2025 EDITION OF THE CALIFORNIA FIRE CODE AND

DESIGNATING FIRE HAZARD SEVERITY ZONES AS RECOMMENDED BY THE

CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION PURSUANT TO GOVERNMENT CODE SECTION 51178.

WHEREAS, Title 7 of the Newman Municipal Code is the City of Newman Fire Code, which adopts by reference the California Fire Code; and
WHEREAS, Title 7 currently applies the 2022 version of the California Fire Code; and WHEREAS, there is a need to amend Title 7 because the State of California ("State"), pursuant to Health & Safety Code section 1 7922, has recently adopted the 2025 version of the California Fire Code; and
WHEREAS, California Health & Safety Code section 17958 mandates that cities such as the City of Newman shall adopt ordinances or regulations imposing the same requirements as are contained in the regulations adopted by the State pursuant to California Health & Safety Code section 1 7922; and WHEREAS, Health & Safety Code section 17958.5 permits the City of Newman to make such changes or modifications to the Fire Code as are reasonably necessary to reflect conditions or circumstances unique to the local jurisdiction; and
WHEREAS, Health & Safety Code section 17958.7 requires that, before making any changes or modifications pursuant to section 17958.5, the City make findings that support such changes or modifications necessary due to the community's climatic, geological, or topographic conditions; and WHEREAS, the Fire Code, together with the City of Newman amendments, shall be the City of Newman Fire Code for the purpose of prescribing the fire regulations for the City of Newman; and, WHEREAS, local amendments adopted by the City of Newman shall take precedence over the Fire Code, and
WHEREAS, sections 50022.1through50022.10 of the Government Code and section 13869 of the Health & Safety Code provide authority for the adoption by reference of codes, or portions of such codes; and
WHEREAS, the California Department of Forestry and Fire Protection have designated a portion of the City of Newman as a Fire Hazard Severity Zone per Government Code 51178; and WHEREAS, the City of Newman is required to make the information available for public review per Government Code 51178.5; and
WHEREAS, a local agency shall designate, by ordinance, moderate fire hazard severity zones within its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, pursuant to Section 51178.

WHEREAS, the City of Newman will adopt the map by reference for the City of Newman -Local Responsibility Area - Fire Hazard Severity Zones; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWMAN DOES ORDAIN AS FOLLOWS:

Section 1.

The City Council hereby confirms that the following findings are still applicable to conditions within the City of Newman pursuant to California Health & Safety Code section 17958.5:

Finding A
The City of Newman is adjacent to a major transportation corridor (Interstate 5 and Highway 33) that parallels in a north/south direction. Interstate 5 is used to transport hazardous materials and is designated by the State of California as an approved route for transporting highly toxic and radioactive materials.

The City of Newman is bisected by a railroad line running north/south. Hazardous materials are transported on the railroad.

Underground pipes crisscross the City in multiple directions, primarily west to east, carrying natural gas under high pressure. Underground hazardous liquid pipelines run adjacent to the City along the Interstate 5 corridor.

The transport, through the City, of hazardous, toxic, and radioactive materials, as well as natural gas and liquid petroleum, on a regular basis, increases the threat of fire ignition and spread. This adds to the fire danger posed by the City's climatic, topographic, and geological conditions.

Finding B
The City of Newman's topography is characterized by a valley with low-lying areas that create areas of pooling, puddling, and liquid drainage. The City is flanked to the west by rolling hills that produce heavy growth of annual grasses, which are highly flammable during the dry summer season. The City is flanked to the east by the San Joaquin River that produces heavy growth of vegetation. The City is surrounded by agricultural lands that produce large orchards and row crops using flood irrigation.

The City's climate is characterized by daily onshore and offshore winds producing high-speed gusts. In summer and fall, the typical weather is hot and dry. In combination, these climatic conditions create an extreme fire danger to the community. Seasonal winds also have the potential to impede emergency vehicle access by toppling trees.

As a result of the above conditions, the risk of fire ignition is greater. Also, once a fire is ignited, it is more likely that embers will be blown into the air, increasing the spread of the fire into the community. Therefore, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.

Finding C
The City of Newman is situated on the western portion of Stanislaus County, just east of the coastal foothills that contain drainages which contribute to flooding within the community.

Because flooding conditions can impede fire service vehicles from reaching the site of a fire, land use projects need to be developed to provide a greater ability to avoid fire ignition, suppress fires, and facilitate access of emergency vehicles.

Finding D
The City of Newman is situated near the San Joaquin Fault and the Ortigalita Fault. These geologic conditions are capable of generating earthquakes of significant magnitude at any time.

An earthquake may: (1) cause fires; (2) impede emergency vehicles responding to fires; (3) interrupt the City's water supply, which is needed at any time.

Because the community is vulnerable to damage from earthquakes, land use projects should be developed to enhance the ability to prevent fire ignition, suppress fires, and facilitate access to emergency vehicles.

Finding E
The City of Newman and the San Joaquin Valley are semi-arid regions and experience water shortages from time to time. Those shortages can have a severely adverse effect on water availability for firefighting. Fires starting in sprinklered buildings are typically controlled by one to three sprinkler heads, flowing as little as 13 gallons per minute.

Hose streams used by engine companies on well-established structure fires operate at approximately 250 gallons per minute each. The estimated water needed for a typical residential fire is 1,250 to 1,500 gallons per minute, according to the Insurance Service Office (ISO) and the International Fire Code. The water estimate for a commercial building is typically greater than that of a residential structure.

Under circumstances such as lack of water, infrastructure, earthquakes, multiple fires, and wildland fires within a community, the limited water demand needs of residential fire sprinklers would control and extinguish many fires before they spread from building to wildland or building to building. In such a disaster, water demands needed for conflagration firefighting probably would not be available.

Finding G
Based upon the circumstances previously described, the protection of persons and property requires the City to adopt standards that are more stringent than those set forth in: (1) the State Building Standards Code Sections, 101, 109, 112, 113, 307, 309, 312, 506, 507, 903, 907, 1010, 2810, 5003, 5704, 5705, 5706, 5806, 6101, and 6104.

Section 2.

The City hereby designates the moderate Fire Hazard Severity Zones as recommended by the California Department of Forestry and Fire Protection pursuant to Government Code section 51178.

The referenced map has been published and made available to the public on the City of Newman's web page, and the designated Fire Hazard Severity Zones are outside the boundaries of established development zones.

Section 3.

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 3.

All other sections and provisions of Title 7 shall remain in full force and effect.

Section 4.

A duly noticed public hearing was held by the City Council on October 14, 2025.

Section 5.

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 thenceforth 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 23rd day of September, 2025, by Council Member , and adopted at a regular meeting of said City Council held on the 14th day of October, 2025, 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 REGULA TIO NS
Chapters:

7.01 7.02

7.03 7.04
Fire Department
Fire Regulations
Storage Regulations
Fire Code
Attachment "A"
Title 7

FIRE REGULATIONS
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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

7.01.090
Members - Appointments.

Oath of office.

Fire Chief - Powers and duties.

Obedience to orders.

Chapter 7.01

FIRE DEPARTMENT
Compensation of Department members.

Badge and uniform of members.

Powers and duties of Department.

Violation, penalty.

Fire Hazard Severity Zones

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 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. 2022-4 § 1 (Att. A), 12-13- 2022; 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. 2022-4 § 1 (Att. A), 12-13-2022; 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. 2022-A § 1 (Att. A), 12-13- 2022; 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)
The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

Newman City Code Page 3117
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. 2022-4 § 1 (Att. A), 12-13-2022; 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. 2022-4 § 1 (Att. A), 12-13-2022; 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 members.

The City shall supply to the Battalion Chiefs, Captains, Engineers, Firefighters, and Fire 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 thatwho have met predetermined criteria, as set by Department policy, to purchase their badge. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; 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 Section 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 municipal 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 Section 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. 2022-4 § 1 (Att. A), 12-13-2022; 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. 2022-4 § 1 (Att. A), 12-13-2022; 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)

7.01.090 Fire Hazard Severity Zones.

The City 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 city is hereby incorporated by reference and entitled "City of Newman - Fire Hazard Severity Zones. "(Dated February 24, 2025) The official map is available for review at the Newman Fire Station, 1162 N Street, Newman, CA 95360, or electronically on the City of Newman website. (https://cityofnewman.gov/departmentslnewman-fire-departmentlfiredepartment-e-docsl) 1 See NCC 1.04.0 IO.

The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Newman City Code Page 4/17
Chapter 7.01 FIRE DEPARTMENT
The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

Newman City Code
Chapter 7.02 FIRE REGULA TIO NS
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 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. 2022-4 § 1 (Att. A), 12-13-2022; 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. 2022-4 § 1 (Att. A), 12-13-2022; 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 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. 2022-4 § 1 (Att. A), 12-13-2022; 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.

A. The City of Newman shall adopt the following sections from Stanislaus County Code Chapter 9.84, Fireworks:

1. 9. 84 .100, Definitions.

2. 9.84.110, General prohibition against possession, sale, or use of fireworks.

3. 9 .84.120, Specific prohibitions.

4. 9.84.130, Exception-Certain public displays.

5. 9.84.140, Exception-Safe and sane fireworks.

6. 9.84.150, Exception-Specified types of fireworks.

7. 9.84.160, Exception-Retail and wholesale sales.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code Page 6/17
Chapter 7.02 FIRE REGULA TIO NS

8. 9. 84 .170, Enforcement.

9. 9.84.190, Remedies.

10. 9.84.200, Concurrent authorities. (Ord. 2022-4 § 1 (Att. A), 12-13-2022)

7.02.050 Social host liability.

A. The City of Newman shall adopt the following as it pertains to fireworks:

1. 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 are in possession of, or are being used by, any person.

2. 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 this section, through all remedies or procedures provided by statute, ordinance, or law. If a violation of this section is prosecuted administratively, the mandatory minimum penalty shall be $1,000 for the first offense, and $2,000 for a second offense and subsequent offenses in a 12-month period. (Ord. 2022-4 § 1 (Att. A), 12-13-2022) 1 See NCC 4.01.010.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

Newman City Code
Chapter 7.03 STORAGE REGULA TIO NS
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. 2022-4 § 1 (Att. A), 12-13-2022; 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, if the 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.

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 The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

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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 ofN 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 ofN 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 mentioned in subsection (C) of this section, except on the written permission of the City Council first had and obtained, which permission shall be signed and countersigned as in subsection (C)(l) of this section.

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. 2022-4 § 1 (Att. A), 12-13-2022; 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. 2022-4 § 1 (Att. A), 12-13-2022; 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 maintain the thing named in said permit. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; 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 The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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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. 2022-4 § 1 (Att. A), 12-13-2022; 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. 2022-4 § 1 (Att. A), 12-13-2022; 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 of Newman 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 if the Chief grants a permit. (Ord. 2022-4 § 1 (Att. A), 12-13-2022; Ord. 2019-6 § 1 (Att.

A), 10-22-2019; Ord. 2016-5 § 1 (Att. A), 11-8-2016)
The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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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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Chapter 7.04

FIRE CODE
That a certain document, a copy of which is on file in the Office of the City of Newman Fire Department Prevention Division, being marked and designated as the California Fire Code,~ 2025 Edition, including Appendix Chapter 4, Appendices B, BB, C, CC, D, E, F, G, I, K, and Division II, Administration, as published by the International Code Council, beare adopted by reference and is hereby adopted incorporated 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 of Newman 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. 2022-4 § 1 (Att. A), 12-13-2022; 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 7.05.010)

7.04.020 Deletions.

There are deleted from the 202±5 California Fire Code the following sections: (Ord. 2022-4 § 1 (Att. A), 12-13-2022; 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 7.05.020)
7 .04.030 Amendments.

The following sections of the California Fire Code, 202±5 Edition, are amended to read as follows:

A. Title. Section 101.1 of the 202±5 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-1-l-hll 12 of the 202±5 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-+±A 113.4 of the 202±5 California Fire Code is hereby amended to read as follows:

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 The Newman City Code is current through Ordinance 2024-4, passed December I 0, 2024.

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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 of Newman 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 +l±+.-1-113. 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:
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 $1,000 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 Chapter 8.06 NCC.

E. Fees. Section 109.2 of the 2025 California Fire Code is hereby amended to read as follows:

1. Permit Fee. The City Council of the City of Newman 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 plan-check 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 required, of the 202~U 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 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.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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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. Automatic Sprinkler Systems, Section 903.2 of the 20n5 California Fire Code is hereby amended to read as follows:

1. 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. 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.

1. Existing Buildings. Section 903.2.22 is hereby added to the 20n5 California Fire Code to read as follows:
a. 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.

H. Fire Alarm Systems. Section 907.1.3.1, Equipment, of the 20n5 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 202±5 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 The Newman City Code is current through Ordinance 2024-4, passed December l 0, 2024.

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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 of Newman in which agricultural uses are lawful.

J. Type of Lock or Latch For Premises Where Gold or Bullion is Traded. Section 1010.-l-:-9-M2.4 of the 202±5 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 202~5 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. Outdoor Storage of Pallets. Section 2810 of the California Fire Code is hereby amended by adding the following:

1. 2810.12 Additional Requirements for Outdoor Storage of Pallets. a. Open yards required by the California Building Code shall be maintained around structures. b. Piles shall be a minimum of twenty-five (25) feet from a structure. c. The maximum dimensions of a pile shall not exceed twenty (20) feet by seventy (70) feet. d. There shall be ten ( 10) feet of aisle ways between piles. e. Piles shall be placed in grids not to exceed one hundred forty (140) feet by one hundred fifty (150) feet. Permanent floor markings 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 above grade.

Note: Pallets shall not obstruct fire apparatus roadways or access to water supplies.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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M. Repealed by Ord. 2022-4.

N. Operating Heating, Lighting, and Cooking Appliances Prohibited. Section 5705.3.3 of the 202±5 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 202±5 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 twenty-four (24) hours while connected for transfer operations.

P. Key Boxes. Section 506.1, Where Required, of the 202±5 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 103 7, 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 202~U 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. 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 202~U 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, The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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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.±3, Container Location, of the 202±5 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 of Newman 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.
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 Stanislaus County Fire Wardens Fire Prevention Bureau procedures.

T. Permits and Plans for Liquefied Petroleum Gases. Sections 6101.2 and 6101.3 of the 202±5 California Fire Code are hereby amended to read as follows:

I. Permits. Permits shall be required as set forth in sections 105.5 and 105.6.

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.

The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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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.

U. Outside Storage and Use of Liquefied Petroleum Gases. Section 6104.2 of the 2022 California Fire Code is amended as follows: (Duplicate Language See Section S)
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 Nevlman 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. ¥-U. Locations Where Above-ground Tanks Are Prohibited. Section 5704.2.9 .6.1 of the 2022'5 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.

WV. Locations Where Above Ground Tanks Are Prohibited. Section 5706.2.4.4 of the 202~5 California Fire Code is amended as follows:
(GA) All R-1, R-2, and R-3 zoning designations as identified by Title 5 Zoning of the Newman City Code.

XW. Maximum Capacity Within Established Limits. Section 6104.2 of the 202±5 California Fire Code is amended as follows:

I(A). In the incorporated boundary within the City of Newman.

X Flammable Cryogenic Fluids Limits. Section 5806.2 of the 2025 California Fire Code is amended as follow:
(A) All R-1, R-2, and R-3 zoning designations as identified by Title 5 Zoning of the Newman City Code.
(BJ The indoor storage of flammable cryogenic gases is prohibited in the following specific occupancies: Groups A,-E, LR, and in offices within Group B occupancies.

Y. Supervision and Communication System. Section 907.2.1.4 of the 2022:5 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 The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

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agency, or other approved means. Methods of notifying the fire department shall be readily available to the public.

Z. Powered Industrial Truck Operation. Section 309.8 of the 202±5 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.

AA. Maintenance of Protected Aboveground Tanks. Section 5704.2.9.8 of the 20n5 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.
(Ord. 2022-4 § 1 (Att. A), 12-13-2022; 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) The Newman City Code is current through Ordinance 2024-4, passed December 10, 2024.

City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:22,000 at 11" x 17"
Km 0 1
Mi 0 1
Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Newman
33 UNINCORPORATED
MERCED CO.

UNINCORPORATED
STANISLAUS CO.

M E R C E D C O .

S T A N I S L A U S C O .

February 24, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF NEWMAN – STANISLAUS COUNTY
Honorable Mayor and Members
of the Newman City Council
Agenda Item: 10. b.

City Council Meeting
of September 23, 2025

REPORT ON NEWMAN CHAMBER OF COMMERCE TREE LIGHTING EVENT AT THE

DOWNTOWN PLAZA
RECOMMENDATION:

Staff recommends the City Council approve the Newman Chamber of Commerce tree lighting event scheduled at the Downtown Plaza on December 6, 2025, from 4:00 P.M. to 8:00 P.M.

BACKGROUND:

The Newman Chamber of Commerce has submitted a request for exclusive use of the Downtown Plaza and the 1300 block of Main Street on December 6th, from 4:00 p.m. to 8:00 p.m., to host its annual tree lighting event.

Event organizers have tentatively scheduled fire truck rides from 4:00 P.M. to 6:00 P.M. as well as food and craft booths. There will be a D.J. playing holiday music for the duration of the event, and NO alcohol will be served or sold. A community parade is also scheduled as part of the event. The event date does not appear to conflict with any other known community activities, and the organizers are currently seeking council approval to proceed with this year's event.

ANALYSIS:

As of the preparation date of this staff report, event planning by the Chamber was still in its initial phase; any subsequent changes will be reported by staff during the presentation of this report.

The Chamber of Commerce has made the following requests:
•!• Exclusive use of the Downtown Plaza and the 1300 block of Main Street. Street Closures at Main/Tulare and Main/Fresno.
•!• Waive parade permit fees.
•!• Waive Standards for Downtown Events in the areas of:
• Clean-up deposit. Downtown standards require a $1,000.00 deposit, refundable upon satisfactory cleaning of the affected area. The event organizer assures staff that they will thoroughly clean up. • Traffic/crowd control device costs. City-owned barricades could be utilized. • Restroom and electrical use fees. Current standards indicate a $25.00 fee for each.

All other Standards for Downtown events will apply.

Event organizers and city staff have coordinated on a proposed layout that includes closing the east plaza parking lot, the west plaza parking, and the 1300 block of Main Street to vehicular traffic during the event.

FISCAL IMPACT:

There will be no direct fiscal impact as a result of this event.

CONCLUSION:

This staff report is submitted for City Council consideration and action. Staff recommends the City Council approve the event as presented.

ATTACHMENTS:

1. Standards for downtown events

2. Map
Respectfully submitted,
Recreation Director/ Community Liaison
REVIEWED/CONCUR:

Michael Holland
City Manager
Attachment 1

STANDARDS FOR DOWNTOWN EVENTS

1. DAYS:

One Day Event: Saturday or Sunday preferred.

Two Day Events: Saturday & Sunday or Sunday & Monday may be allowed on holiday weekends.

2. HOURS:

Events should be scheduled during daylight hours. Events may not begin prior to 7:00 a.m. or end later than 9:00 p.m. unless approved by the Chief of Police.

3. STREET USAGE:

First time event:

Anticipated crowd size:

4. INSURANCE:

One block
500 or less - one block
500 to 1000 - two blocks
1000 or more - three blocks
Three Million dollar policy naming the City as an additional insured. This must be received by the City three weeks prior to the event.

5. SECURITY:

Total cost of security for the event will be the responsibility of the event organizer. One half of the anticipated cost of police services will be deposited with the City Finance Department two weeks prior to the event.

General event: 1 officer per 200 attendees or as deemed necessary by the Chief of Police.

Alcohol/Bands/Dances - 2 officers per 300 attendees or more if required by the Chief of Police.

6. MUSIC:

No amplified sound systems before 10 A.M. or after 8 P.M. unless approved by the Chief of Police.

7. ELECTRICAL:

If electrical power use is requested, an electrical use fee of $25.00 will be collected prior to the event date. A diagram of the outlet locations to be used and a plan, consisting of what type of equipment will be used at each outlet location, will be submitted for approval prior to the event date. No more than 20 amps per circuit will be allowed.

Extension cords shall be a minimum of 14-3 gauge wire and properly sized for intended Revised September 25, 2012
Attachment 1
use. The cords shall be protected from abrasions caused by foot traffic and shall be placed so as not to cause a tripping hazard.

8. EVENT PLAN:

The applicant is to complete a street closure plan for barricading the downtown streets and provide a site plan for the location of any portable stages, alcohol sales, and other semi-permanent structures. This must be submitted to the Chief of Police or his/her designee 60 days prior to the date of the event. Downtown plaza usage will also require a site plan.

9. CLEANUP:

The event organizer will be responsible for cleaning the streets, sidewalks and other public areas used by the event. A $1,000.00 deposit will be required. The deposit will be refunded if all city property is cleaned to the satisfaction of the Director of Public Works or his/her designee.

10. APPROVAL OF AFFECTED BUSINESSES:

First Time Events: Provide written approval of at least 75 percent of any business affected by the proposed street closure in the blocks involved.

Yearly Events: Provide a flyer making the downtown business community aware of the type of event, date, time and streets to be used.

Notification must be completed at least 45 days prior to the City Council meeting and must be approved by the Chief of Police or his/her designee.

11. BUSINESS LICENSES:

All local and out of town vendors/businesses conducting sales of goods or services shall have a business license with the City of Newman prior to participating in the event.

12. HEALTH PERMITS:

Food vendors shall obtain a Stanislaus County Health Permit prior to the sale of any food items.

13. CANOPIES OR OTHER TEMPORARY STRUCTURES:

All temporary structures including but not limited to stages, platforms and booth structures must be inspected by the City's Building Department on the day of the event.

Any direct cost to the City for this service will be the responsibility of the fundraiser/organizer. Any use of canopies must be inspected and approved by a designee of the City on the day of the event. No canopies or temporary structures are to be tethered or anchored, to any tree, structure, or fixture.

14. BLEACHERS:

Revised September 25, 2012
Attachment 1
All bleachers must be inspected by the City's Building Department the day of the event.

Any direct cost to the City for this service with be the responsibility of the fundraiser/ organizer.

15. ADVERTISING:

The event organizer shall not advertise or promote the event until the event has been approved by the City Council

16. ALCOHOL:

The sale or providing of alcohol shall be done under the following conditions:

A. That it is the fundraiser/organizers responsibility to make sure vendors obtain an on sale one-day permit from the California Alcohol Beverage Control Board (commonly known as ABC). This must be done and received by the City two weeks prior to the event.

B. That alcohol is served in paper or plastic cups (no glass cups or bottles).

C. That no alcohol sold inside any establishment can be consumed in the street closure area or plaza.

D. That the City Council approves the use of the street closure, or plaza, for a beer garden and that they waive the city ordinance prohibiting consumption of alcohol on public streets.

17. TRAFFIC/CROWD CONTROL DEVICES:

The fundraiser/organizer will be responsible for the direct cost of barricades, no parking signs, and any other required devices.

18. STATEMENT OF FUNDS
The fundraiser/organizer will provide documentation and/or a list of who has or will financially benefit from the fundraiser for the current event and any previous events. It will also state how much was raised and the amount or percentage that will or has been donated to what community organization(s).

19. TRASH RECEPTICALS
The event coordinator shall provide trash receptacles for the event in an amount not less than one per fifty attendees.

20. PLAZA USAGE
The standards for downtown events will apply to the downtown plaza where applicable.

Additional plaza-specific standards include:

A. The East parking lot will remain open for event parking.

B. Any requests to close the West parking lot will be submitted in the event plan.

Revised September 25, 2012
Attachment 1
C. Any request to open the plaza restrooms for use will be submitted in the event plan and will be subject to a use fee of $25.00 collected prior to the event date.

D. No use of any kind in the planters and other vegetation areas of the plaza.

E. No anchoring to any trees, vegetation, or other stationary plaza structures.

F. Use of the stage shall be requested in the event plan.

21. ADMINISTRATIVE OPTION FOR "PLAZA ONLY" USE
For smaller events that are contained within the plaza, an administrative option can be utilized with the following conditions:

A. The event is being hosted by a non-profit group for public benefit.

B. The event is contained within the pedestrian areas of the plaza.

C. All parking lots remain open and accessible for vehicle parking.

D. The event is no longer than three hours in duration.

The administrative option for plaza use will require approval from the City Manager, Chief of Police, and Fire Chief. This option is designed to streamline the process for smaller events that meet the above criteria. All other event standards will still apply, but waivers may be decided by the administrative group.

Revised September 25, 2012