California Fire Code Section 101.1 is amended to read as follows:

Section 101.1 Title Shall be revised to read: These regulations shall be known as the Fire Code of the City of Sebastopol, hereinafter referred to as “this code”

California Fire Code Section 104.2.1 is amended to read as follows:

Section 104.2.1 Application for Permit Fees: All applications for a permit required by this Code shall be made to the Bureau of Fire Prevention in such form and detail, as it shall prescribe. Applications for permits shall be accompanied such plans as are required by the Bureau. The City Council may establish fees by resolution for permit applications.

California Fire Code Section 105.6 is amended to read as follows:

105.6 Required Operational permits. The fire code official is authorized to issue operational permits for operations set forth in Sections 105.6.1 through 105.6.50.

California Fire Code, Section 105.6.50 is added to read as follows:

105.6.50 Local permits. In addition to the permits required by section 105.6, the following permits shall be obtained from the Bureau of Fire Prevention prior to engaging in the following activities, operations, practices or functions:

1. Apartment, hotel, or motel. An operational permit is required to operate an apartment house, hotel or motel.

2. Care Facilities. An operational permit are required to operate a care facility as listed:

3. Day care with an occupant load greater than eight (8) persons.

4. Residential or commercial institutional care facility, occupancies complying with Health and Safety Code Section 13235 are exempt.

5. Emergency Responder Radio System. An operational permit is required to operate an

6. Emergency Responder Radio System.

7. High-rise occupancy. An operational permit is required to operate a high-rise building as defined in Title 24, Part 2, California Code of Regulations.

8. Live Entertainment. An operational permit is required to operate a business where alcohol is served, while providing live entertainment to the public.

9. Medical cannabis. Operational permits are required to operate a medical cannabis facility or operation listed below:

I. Cultivation

II. Distribution

III. Manufacturing

IV. Testing/lab

10. Model rockets rental, sale or operation. An operational permit is required to operate, manufacture, import, export, possess, store, rent or sell model rockets as defined by Health and Safety Code Section 12519.

California Fire Code Section 106.6 is added to read as follows:

106.6 Cost recovery. Fire suppression, investigation or emergency medical costs are recoverable in accordance with Health and Safety Code Sections 13009 and 13009.1, as may be amended from time to time. Additionally, any person(s) who negligently, intentionally or in violation of law causes an emergency response, including, but not limited to, a traffic accident, spill of toxic or flammable or combustible fluids or chemicals is liable for the costs of securing such emergency, including those costs pursuant to Government Code Section 53150, et seq, as may be amended from time to time. Any expense incurred by the Sebastopol Fire Department for securing such emergency shall constitute a debt of such person(s) and shall be collectable by the Sebastopol Fire Department in the same manner as in the case of an obligation under contract, expressed or implied.

California Fire Code Section 107 is added to read as follows:

107 Reinspections. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This section is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector. For failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official. To obtain a reinspection, the applicant shall file an application therefore in writing on a form furnished for that purpose and pay the reinspection fee in accordance with the fee schedule adopted by the jurisdiction.

In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

California Fire Code Section 110.4 is amended to read as follows:

110.4 Violation penalties. In accordance with the provisions of this code, any persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certification used under provisions of this code, or any person operating or maintaining any occupancy, premises, or vehicle subject to this code, fire and life safety provisions of the California Building Code, or allow any fire hazard to exist on premises under their control or who shall fail to take immediate action to abate a fire hazard when ordered or notified to do so by the fire code official or authorized designee shall be guilty of a misdemeanor, and shall severally for each and every violation and noncompliance respectively, be punishable by a fine of not more than $1,000 or by imprisonment not exceeding six months, or both such fine and imprisonment.

The imposition of one penalty of any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense.

California Fire Code Section 110.5 is added to read as follows:

110.5 Authority to issue citations. The Chief is authorized to issue a citation to persons operating or maintaining an occupancy, premise, or vehicle subject to this code, who allows a hazard to exist or fail to take immediate action to abate a hazard on such occupancy, premises, or vehicle when ordered or notified to do so.

California Fire Code Section 112.4 is amended to read as follows:

112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalty provisions of Section 110 of the Sebastopol Fire Code or state law.

California Fire Code Section 201.5 is added to read the following:

Section 201.5 Wherever the word “jurisdiction” is used in the 2019 California Fire Code and 2018 International Fire Code, it shall be understand to mean that the City of Sebastopol is the local fire authority having jurisdiction (AHJ).

California Fire Code Section 202 is amended to read as follows:

Section 202 Where the party responsible for the enforcement of the 2019 California Fire Code and 2018 International Fire Code is given the title of “fire marshal,” add the following definition

California Fire Code Section 202 Definitions is amended to amend and add the following:

FIRE MARSHAL is the chief of the bureau of fire prevention.

SUBSTANTIAL ADDITION. An existing building or structure not classified as Group R-3 occupancy, which undergoes any addition of floor area that is greater than twenty-five percent (25%) of the existing gross floor area.

SUBSTANTIAL ADDITION, Group R-3. An existing Group R-3 buildings or structures, which undergoes any addition of floor area that exceeds fifty percent (50%) of the existing gross floor area.

SUBSTANTIAL REMODEL. An existing building or structure, which undergoes any alteration of floor area that is greater than fifty percent (50%) of the existing gross floor area or meets the definition of a substantial improvement as defined by the California Building Code.

NUISANCE ALARM. An unwarranted alarm caused by mechanical failure, malfunction, improper installation or lack of proper maintenance, system servicing testing, construction activities, ordinary household activities, false alarm, other cause when no such danger exists, or an alarm activated by a cause that cannot be determined.

California Fire Code Section 304.1.2.1 is added to read as follows:

304.1.2.1 Vegetation non developed parcel. Any parcel that is next to a developed parcel and is a threat to a structure shall be required to maintain a minimum 20 feet of clearance on the property line adjacent to the structure.

Exemptions: When approved by the Fire Code Official or if a hazard does not exist.

California Fire Code Section 307.1.2 is added to read as follows:

Section 307.1.2 is added to read Open Burning. Open burning within the City limits of Sebastopol, including incinerators of all types, is prohibited, except for agricultural burning permitted by the Bay Area Air Quality Management District.

EXCEPTION: Barbecues used for cooking purposes, provided the barbecues shall not be used for burning rubbish, paper, boxes, grass, brush or other combustible items, except charcoal, natural gas or other materials commonly used in barbecues for cooking purposes.

California Fire Code Section 402.1 is amended to add the following:

UNWARRANTED NUISANCE ALARM

California Fire Code Section 401.3.2.1 is added to read as follows:

401.3.2.1 NUISANCE ALARM. An unwarranted alarm caused by mechanical failure, malfunction, improper installation or lack of proper maintenance, system servicing testing, construction activities, ordinary household activities, false alarm, other cause when no such danger exists, or an alarm activated by a cause that cannot be determined.

California Fire Code, Section 401.3.2.2 is added to read as follows:

401.3.2.2 Multiple Unwarranted and nuisance alarm activations. Any occupancy that has more than three unwarranted or nuisance alarms, causing emergency response within a 12-month period may be required to modify, repair, upgrade or replace their system and/or monitoring station as determined by the fire code official.

403.3 Through 403.11.4 Are Deleted. California Fire Code Sections 403.3 through 403.11.4 are deleted.

403.13 Deleted. California Fire Code Section 403.13 is deleted.

California Fire Code Section 902.1 is amended to add the following definitions:

SUBSTANTIAL ADDITION

SUBSTANTIAL ADDITION, Group R-3

SUBSTANTIAL REMODEL

California Fire Code Section 903.2 is amended to read as follows:

903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in Sections 903.2.1 through 903.2.19. Approved automatic sprinkler systems in existing buildings and structures shall be provided in locations described in Section 903.6.

Exceptions:

5. Agricultural buildings as approved by the fire code official.

6. Detached pool houses accessory to Group R-3 not classified as a dwelling unit and not exceeding 1,000 square feet (928m²) in gross floor area within 50 feet of the pool and limited to a single bathroom.

7. Detached non-combustible motor vehicle fuel dispensing canopies.

8. Detached Group U Occupancies not greater than 1,000 square feet (928m²).

California Fire Code Section 903.2.1 is amended to read as follows:

903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings containing a Group A occupancy.

California Fire Code Sections 903.2.1.1 through 903.2.1.5 are deleted.

California Fire Code Section 903.2.1.6 is amended to read as follows with deletion of the exception:

903.2.1.6 Assembly occupancies on roofs. Where an occupied roof has an assembly occupancy, an automatic sprinkler system shall be provided throughout the building in accordance with Section 903.3.1.1 or 903.3.1.2.

California Fire Code Section 903.2.1.7 is deleted.

California Fire Code Section 903.2.2 is amended to read as follows:

903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout buildings containing an ambulatory care facility.

California Fire Code Section 903.2.3 is amended to read as follows:

903.2.3 Group E. An automatic sprinkler system shall be installed throughout buildings containing a Group E occupancy.

California Fire Code Section 903.2.4 is amended to read as follows:

903.2.4 Group F. An automatic sprinkler system shall be provided throughout buildings containing a Group F occupancy.

California Fire Code Section 903.2.4.1 is deleted.

California Fire Code Section 903.2.5.1 is amended to read as follows:

903.2.5.1 General. An automatic sprinkler system shall be provided throughout buildings containing Group H occupancies.

California Fire Code Section 903.2.7 is amended to read as follows:

903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where gross floor area exceeds 500 square feet (464m²).

California Fire Code Section 903.2.8.1 is amended to include the exception as follows:

903.2.8.1 Group R-3. An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be provided throughout all one- and two-family dwellings regardless of square footage in accordance with the California Residential Code. Fire Sprinklers shall be installed in all mobile homes, manufactured homes and multi-family manufactured homes with two or more dwelling units in accordance with Title 25 of the California Code of Regulations.

California Fire Code Section 903.2.9 is amended to read as follows:

903.2.9 Group S. An automatic sprinkler system shall be provided throughout all buildings containing a Group S occupancy.

California Fire Code Sections 903.2.9.1 through 903.2.9.2 are deleted.

California Fire Code Section 903.2.10 is amended to read as follows:

903.2.10 Group B. An automatic sprinkler system shall be provided throughout all buildings containing a Group B occupancy.

California Fire Code Section 903.2.10.1 is deleted.

California Fire Code Section 903.2.11 is amended to read as follows:

903.2.11 Specific buildings areas and hazards. In all occupancies other than detached Group U occupancies not greater than 1,000 square feet (928m²), an automatic sprinkler system shall be installed for building design or hazard in the locations set forth in Sections 903.2.11.1 through 903.2.11.8.

California Fire Code Section 903.2.11.3 exceptions 1 and 2 are deleted.

California Fire Code Section 903.2.11.7 is added to read as follows:

903.2.11.7 Undetermined use design. Automatic sprinkler systems installed in buildings or structures of undetermined use shall be designed and installed to have a minimum density of .33 gallons per minute per square foot over a minimum design area of 3,000 square feet (2,784m²).

California Fire Code Section 903.2.11.8 is added to read as follows:

903.2.11.8 High-piled storage. An automatic sprinkler system shall be provided throughout in all buildings containing high-pile combustible storage

California Fire Code Section 903.4.2 is amended to read as follows:

903.4.2 Alarms. One exterior approved audible and visual device, located on the exterior of the building in an approved location, shall be connected to each automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

California Fire Code Section 903.6 is amended to read as follows:

903.6 Where required in existing buildings and structures. An automatic sprinkler system shall be provided throughout existing buildings and structures where required in Chapter 11 or that undergo a substantial improvement.

Exception: Alterations made solely for the purpose of providing barrier removal pursuant to the requirements of complying with the American Disabilities Act (ADA) as contained in exception #4 of Section CBC 11B-204.2.

California Fire Code Section 903.6.1 is added to read as follows:

903.6.1 Substantial remodel. An automatic sprinkler system shall be provided throughout all buildings that undergo a substantial remodel or substantial improvement.

Exception: Alterations made solely for the purpose of complying with the American Disabilities Act.

California Fire Code Section 903.6.2 is added to read as follows:

903.6.2 Substantial addition. An automatic sprinkler system shall be provided throughout all buildings that undergo a substantial addition.

California Fire Code Section 905.3.1 item 2 is amended to read as follows:

905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe systems shall be installed throughout at each floor where any of the following occur:

1. Buildings where the floor level of the highest story is located more than 30 feet above the lowest level of fire department vehicle access.

2. Buildings that are three or more stories in height.

3. Buildings where the floor level of the lowest story is located more than 30 feet below the highest level of fire department access.

4. Buildings that are two or more stories below the highest level of fire department vehicle access.

Exception:

1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 or 903.3.1.2.

2. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than 150 feet above the lowest level of fire department vehicle access.

3. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Section 905.5.

4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system.

5. In determining the lowest level of fire department vehicle access, it shall not be required to consider either of the following:

5.1. Recessed loading docks for four vehicles or less.

5.2. Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.

California Fire Code Section 905.9 exception 2 is deleted.

California Fire Code Section 912.2 is amended to read as follows:

912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct access to the buildings for other fire apparatus. The location of the fire department connections shall be within 100 feet of a fire hydrant or approved by the fire code official (Also see Section 507.5.1.1).

California Fire Code Section 1103.2 item 1 is deleted.

California Fire Code Sections 1103.3 through 1103.5.4 are deleted.

California Fire Code Sections 1104 and 1105 are deleted.

California Fire Code Section 3314.4 is added to read as follows:

3314.4 Buildings being demolished. Where a building is being demolished and a automatic sprinkler system is existing within such a building, such automatic sprinkler system shall be maintained in an operable condition so as to be available for use by the fire department. Such automatic sprinkler system shall be demolished with the building but shall not be demolished more than one floor below the floor being demolished.

California Fire Code Section 3314.5 is added to read as follows:

3314.5 Detailed requirements. Automatic sprinkler systems shall be installed in accordance with the provisions of Section 903.

California Fire Code Section 3901.1.1 is added to read as follows:

3901.1.1 Marijuana growing, processing, or extraction facilities. Marijuana growing, processing and extraction facilities shall be designed and constructed in accordance with this chapter and NFPA 1, Chapter 38 as amended in Chapter 80.

California Fire Code Section 5601.1.6 is added to read as follows:

5601.1.6 Sale, use or discharge of fireworks prohibited – exception. Except for firework displays authorized pursuant to this section, it is unlawful for any person to possess, store, offer or expose for sale, sell at retail, give away or in any manner dispose of any fireworks, or to use, explode, or otherwise discharge any fireworks.

Any person or group desiring to perform a fireworks display shall first make written application for a permit to the fire code official. Application for a permit shall be made in writing at least twenty (20) days prior to the proposed display. The application shall be considered and acted upon by the fire code official or authorized designee pursuant to Title 19, Chapter 6, Article 3 - Licenses of the California Code of Regulations. Any permit for a fireworks display may be suspended or revoked at any time by the Fire code official or authorized designee.

California Fire Code Section 5601.2.5 is added to read as follows:

5601.2.5 The limits referred to in Section 5604.1 in which the storage of explosives and blasting caps or agents, is prohibited, are established as being all areas except “M” zones, Industrial Districts, as defined in the Sebastopol Zoning Ordinance,

California Fire Code Section 5601.2.6 is added to read as follows:

5601.2.6 Prohibition. During the period beginning at noon on June 28th and ending at midnight July 4th, fireworks classified as “Safe and Sane” by the California State Fire Marshal’s Office, may be possessed and discharged within the City Limits of Sebastopol in compliance with all applicable State and Local regulations, including Council Resolution #3082.

California Fire Code Section 5706.2.4.4 is amended to read as follows:

5706.2.4.4 The limits referred to in section 3406.2.4.4, in which the storage of flammable or combustible liquids in outside above ground storage tanks is prohibited in all zones except “M” Zones, Industrial Districts, as identified in the Sebastopol Zoning Ordinance.

California Fire Code Section 6104.2 is amended to read as follows:

6104.2 Maximum capacity within established limits. Within the city limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 500 gallons and are prohibited in all zones except “M” Zones, Industrial Districts, as identified in the Sebastopol Zoning Ordinance.