Santa Barbara City Zoning Code
Title 8
Fire Protection
Ord- 6199
§ 8.04.010 Adoption of International Code by Reference.
Subject to the amendments specified in Section 8.04.020 of this code, the International Fire Code, as published by the International Code Council (2021 Edition), including Appendix Chapter 4 and Appendices B, BB, C, CC and H; the 2022 California Fire Code (Title 24, Part 9 of the California Code of Regulations); and all standards and secondary codes referenced in said codes are adopted by reference and shall be known as the City of Santa Barbara Fire Code.
Said codes and any standards and secondary codes adopted by reference and the amendments therein, are on file and available for public inspection in the office of the City Clerk.
(Ord. 5779, 2016; Ord. 5920, 2019; Ord. 6094, 2022)
§ 8.04.020 Amendments to International Fire Code.
In response to local climatic, geological and topographical conditions, the 2021 International Fire Code and the 2022 California Fire Code, as adopted by reference in Section 8.04.010, are amended as follows:
A.
Section 103 is hereby renamed: Fire Prevention Bureau and is amended as follows:
[A] 103.1 General. The Fire Prevention Bureau is established in the jurisdiction under the fire code official. The function of the division shall be the implementation, administration and enforcement of the provisions of this code.
[A] 103.3.1 Fire prevention bureau personnel and police. The fire code official and members of the fire prevention bureau shall have the powers of a police officer in performing their duties under this code. When requested to do so by the fire chief, the chief of police is authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of this code.
B.
Section 104.11 "Fire investigations" is amended to read as follows:
[A] 104.11 Fire investigations. The fire code official is authorized to investigate promptly the cause, origin and circumstances of every fire, explosion or other hazardous condition occurring in the jurisdiction. In addition, the fire code official is authorized to investigate the cause, origin and circumstances of unauthorized releases of hazardous materials in the jurisdiction. If it appears to fire code official that such incidents are of suspicious origin, the fire code official is authorized to take immediate charge of all physical evidence relating to the cause of the fire, explosion, hazardous condition, or release and is authorized to pursue the investigation to its conclusion.
[A] 104.11.1 Assistance from other agencies. Police and other enforcement agencies are authorized to assist in the investigation of fires when requested to do so by the fire code official.
C.
Section 111 "Board of Appeals" is deleted in its entirety without replacement.
D.
Section [A] 112.4 "Violation penalties" is amended to read as follows:
[A] Section 112.4 Violation penalties. Persons who 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 certificate used under provisions of this code, shall be guilty of a misdemeanor. Penalties shall be as prescribed by state law and local ordinance. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
E.
Chapter 1, Division II of the International Fire Code is amended by adding Section 115 "Building and Fire Code Board of Appeals" to read as follows:
115.1 Board of Appeals.
In order to provide technical Code advice to the City's Building Official and fire code official, and to hear and decide appeals of orders, decisions or determinations made by the fire code official or Building Official relative to the application and interpretations of the technical codes, there shall be and is hereby created a Building and Fire Code Board of Appeals. This Board consists of 7 members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the jurisdiction. The Building and Fire Code Board of Appeals shall be appointed by the City Council and shall hold office on 4-year terms. The Board is not empowered to waive requirements of the State Title 24 Codes. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official or Building Official.
115.1.1 Alternatives. The Board may consider any alternate provided that it finds that the proposed design, material, method, or work offered is, for the purpose intended. The Board shall have no authority to waive the requirements of the applicable Code.
115.1.2 Appointments. The City Council shall appoint qualified individuals to an eligibility list. Appeals shall be scheduled before 7 members, provided that at least 3 members are physically handicapped when hearing items involving Chapter 11 of the California Building and Fire Code.
115.1.3 Quorum. For other than appeals and ratifications relative to Chapter 11, it shall take a quorum of 5 members to hear an appeal and majority vote of the Board convened to sustain an appeal. Appeals and ratifications relative to the enforcement of Chapter 11, at least 2 of the Board members hearing the item must be physically disabled. (Ref: State Health & Safety Code, Section 19957.5)
115.1.4 Chairperson. The chairperson shall be selected annually by the convened Board. The chairperson shall maintain order and conduct the meeting in accordance with the California Brown Act.
115.1.5 Meetings. The Board shall meet when needed to hear an appeal or when needed to transact business of the Board. Either the Building Official or the fire code official or their designee shall act as Secretary of the Board.
115.1.6 Board Decisions. The decision of the Building and Fire Code Board of Appeals shall be final on all matters of appeals and shall become an order to the Appellant, Chief Building Official or fire code official as may be appropriate.
115.1.7 Procedural Rules. Appeal hearings shall be conducted substantially in accordance with the following format:
1.
Any person may appeal a decision of the Building Official or fire code official by filing a written appeal with the Building Official or fire code official within 10-days of the issuance of the written decision. The notice of appeal shall state the grounds for the appeal.
2.
No notice of appeal shall be accepted unless the notice is accompanied by the fee specified by resolution of the City Council.
3.
Unless agreed to otherwise by the appellant and the Building Official or fire code official, all appeals shall be heard not less than 10-days and not more than 60-days from the date on which the Building Official or fire code official receives the written appeal.
4.
The filing of a timely appeal with the Building Official or fire code official shall place a stay on further enforcement of the specific matter appealed, except for instances of immediate danger to life or property.
5.
The Chairperson shall call the meeting to order.
6.
The Chairperson shall note the Board members present for the minutes.
7.
The Chairperson shall recognize the Building Official or fire code official for presentation of the appeal. The Building Official or the fire code official shall read his/her recommendation to the Board.
8.
The Chairperson shall recognize the Appellant for presentation of rebuttals.
9.
All witnesses must be called by either the Appellant or the Building Official or the fire code official and may be questioned as permitted by the Chair of this Board.
10.
The Board may entertain comments from the public.
11.
The Board may affirm, deny, or amend the decision of the Building Official or the fire code official.
12.
The Board shall issue its decisions in writing and shall include a statement of the decision appealed, the decision of the Board and the findings made by the Board in reaching their decision.
13.
The Chairperson shall adjourn the meeting at the end of business.
14.
The Secretary shall prepare minutes for the record and shall serve as custodian of case records and said minutes.
F.
Chapter 3 of the International Fire Code is amended as follows:
307.1.1 Prohibited open burning. Opening burning that is offensive or objectionable because of smoke emissions or when atmospheric or local circumstances make such fires hazardous shall be prohibited. | |
1. | Section 308.1.4 is deleted without replacement. |
2. | Section 308.1.4.1 is amended to read as follows: |
Section 308.1.4.1 Liquefied-petroleum gas fueled cooking devices. LP gas burners having an LP gas container with a water capacity greater than 25 pounds (5 Gallon) shall not be located on combustible balconies or within 10 feet (3,048 mm) of combustible construction. | |
Exception: One and two-family dwellings. | |
317.1 Rooftop Gardens and Landscaped Roofs. Rooftop gardens and landscaped roofs, also known as vegetated roofs, are prohibited in the High Fire Hazard areas.
G.
Chapter 4 of the International Fire Code is deleted in its entirety without replacement.
H.
Section 503 "Fire Apparatus Access Roads" is deleted in its entirety and readopted to read as follows:
503.1 Where Required. Fire Department access roads shall be provided and maintained in accordance with Sections 503.1.1and 503.1.3
503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus roads shall comply with the requirements of this section and shall extend to within 150 feet of (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Exception: The fire code official is authorized to increase the dimension of 150 feet (45,720 mm) where: | |
1. | The building is equipped throughout with an approved automatic sprinkler system and installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. |
2. | Fire apparatus Roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternate means of fire protection is provided. |
503.1.2 Additional Access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of the terrain, climatic conditions or other factors that could limit access.
503.1.3 High Piled Storage. Fire department vehicle access to buildings used for high-piled combustible storage shall comply with the applicable provisions of Chapter 32.
503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8.
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6,096 mm) except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. If a fire apparatus access road serves three or fewer single-family residential units, the required width may be reduced to not less than 16 feet (4,879 mm) upon the approval of the fire code official.
503.2.2 Authority. The fire code official is authorized to require an increase in the minimum access widths where they are inadequate for fire or rescue operations.
503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Such fire apparatus access roads shall be capable of supporting 60,000 pounds and shall be constructed of approved materials.
503.2.4 Turning radius. The turning radius of roadways shall be no less than 70 feet in diameter measured from outer edge to outer edge.
503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 300 feet in length shall be provided with approved provisions for the turning around of fire apparatus.
503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for such use, approved barriers, approved signs or both shall be installed and maintained when required by the fire code official.
503.2.7 Grade. The gradient for a fire apparatus access road shall not exceed a 16% grade.
503.2.7.1 Cross-slope. The cross-slope gradient shall not exceed 6%.
503.2.8 Angle of Approach and Departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus.
503.3 Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING - FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility.
503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. The minimum required widths and clearances established in Section 503.2.1 shall be maintained at all times.
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates and other approved barricades across fire apparatus access roads, trails or other access ways, not including public streets, alleys or highways. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
503.5.1 Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other access ways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official.
503.5.1.1 Vehicle obstruction. Entrances to roads, trails, or other access ways that have been closed with gates and barriers in accordance with Section 503.5 shall not be obstructed by parked vehicles, except for public officers acting within their scope of duty.
503.5.1.2 Closure of access ways. Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals which have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with or otherwise molested in any manner except when authorized by the fire code official or by public officers acting within their scope of duty.
503.5.2 Fences and Gates. School grounds may be fenced and gates therein may be equipped with locks, provided that safe dispersal areas based on 3 square feet (0.28m2) per occupant are located between the school and the fence. Such required safe dispersal areas shall not be located less than 50 feet (15,240 mm) from school buildings. Every public and private school shall conform to Section 32020 of the Education Code.
I.
Section 505 "Premises Identification" is amended to add Sections 505.1.1 and 505.3 to read as follows:
505.1.1 Mixed Use Occupancy Identification. Mixed use occupancy notifications signs shall be provided according to Municipal Code 8.04.030(B).
505.3 Directory. For complexes and large buildings, an approved directory or premise map may be required at a location determined by the fire code official.
J.
Section 507 "Fire Protection Water Supplies" is deleted in its entirety and readopted to read as follows:
507.1 Required Water Supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Prior to development of a project, the fire code official may require the flow testing of fire hydrants adjacent to the proposed development in order to determine adequacy of fire flow.
507.2 Type of Water Supply. A water supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other fixed systems capable of providing the required flow.
507.2.1 Private fire service mains. Private fire service mains and appurtenance shall be installed in accordance with NFPA 24.
507.2.2 Water tanks. Water tanks for private fire protection shall be installed in accordance with NFPA 22.
507.3 Fire Flow. Fire Flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method or Appendix B. For the purposes of this section, an "approved water supply" shall mean the following:
1. | Residential Requirement. All residential buildings containing 10 or less dwelling units shall be served by a fire flow of 750 gpm at a residual pressure of 20 psi when flowing. Fire-flow requirements may be modified downward by the fire code official for isolated buildings or the installation of approved fire protection devices, but in no case shall the fire flow be less than 500 gpm at a residual pressure of 20 psi. Residential buildings containing 11 or more dwelling units shall be served by fire flows in compliance with the commercial requirements below. |
2. | Commercial Requirement. A fire flow of 1,250 gpm at a residual pressure of 20 psi when flowing will be required. |
507.4 Water Supply Test. The fire code official shall be notified prior to the water supply test. Water supply tests shall be witnessed by the fire code official or approved documentation of the test shall be provided to the prior to final approval of the water supply system.
507.5 Fire hydrant systems. Fire hydrant systems shall comply with Sections 507.1 through 507.5.6 or Appendix C of the International Fire Code.
507.5.1 Where Required, Commercial. A commercial hydrant to Santa Barbara City standards must be located within 300 feet of all portions of a facility or building as measure by an approved route around the exterior of the facility or building. Where a portion of the facility or building is hereafter constructed or moved into or within the jurisdiction is more than 300 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, the fire code official may require on-site hydrants or another approved mitigation method.
507.5.1.1 Where Required, Residential. For Group R-3, Group U and Group R-2 occupancies containing 10 or less dwelling units, a residential hydrant to Santa Barbara City standards must be located within 500 feet of all portions of a facility or building as measure by an approved route around the exterior of the facility or building. Where a portion of the facility or building is hereafter constructed or moved into or within the jurisdiction is more than 500 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, the fire code official may require on-site hydrants or another approved mitigation method.
507.5.2 Inspection, Testing and maintenance. Fire hydrant systems shall be subject to such periodic tests as required by the fire code official. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall be in accordance with approved standards.
507.5.3 Private fire service mains and water tanks. Private fire service mains and water tanks shall be periodically inspected, tested and maintained in accordance with Title 19 California Code of Regulations Chapter 5.
507.5.4 Obstruction. Posts, fences, vehicles, growth, trash, storage and other materials or objects shall not be placed or kept near fire hydrants, fire department inlet connections or fire protection system control valves in a manner that would prevent such equipment or fire hydrants from being immediately discernible. The fire department shall not be deterred or hindered from gaining immediate access to fire protection equipment or fire hydrants.
507.5.5 Clear space around hydrants. A 3-foot (914 mm) clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved.
507.5.6 Physical protection. Where fire hydrants are subject to impact by a motor vehicle, guard posts or other approved means shall comply with Section 312.
K.
Section 903.2 "Where required" is amended to add Section 903.2.22 to read as follows:
903.2.22 Local Requirements. Approved automatic sprinkler systems shall be installed throughout buildings and structures as specified elsewhere in this Section 903.2 or as specified in this Section 903.2.22, whichever is more protective.
903.2.22.1 New Buildings, Generally. The construction of a new building containing any of the following occupancies: A, B, E, F, H, I, L, M, R, S or U.
Exceptions: A new building containing a Group U occupancy that is constructed in the City's designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area. A new building containing a U occupancy that is constructed outside the City's designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 5,000 square feet of floor area.
903.2.22.2 New Buildings in the High Fire Hazard Area. The construction of any new building within the City's designated High Fire Hazard Area.
Exception: A new building containing a Group U occupancy that is constructed in the City's designated High Fire Hazard Area is not required to provide a sprinkler system as long as the building does not exceed 500 square feet of floor area.
903.2.22.3 Additions to Buildings Other than Single Family Residences. The addition of floor area to an existing building that contains any occupancy other than Group R, Division 3.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition allowed under this exception will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.22.4.
903.2.22.4 Remodels of Buildings Other than Single Family Residences. The remodel or alteration of the interior of an existing building that contains any occupancy other than Group R, Division 3, where the floor area of the portion of the building that is modified or altered exceeds 50% of the existing floor area of the building. For purposes of this section, all modifications or alterations to an existing building that occur after September 11, 2009 shall be counted in the aggregate toward the 50% threshold measured against the floor area of the building. It shall be the responsibility of the building owner to install the sprinkler system throughout the building when the threshold has been exceeded.
Exception: Nothing in this section shall prevent the building owner from negotiating a written agreement with the tenant or tenants for allocating the cost of the sprinkler system in any proportion.
903.2.22.5 Change of Occupancy to a Higher Hazard Classification. Any change of occupancy in an existing building where the occupancy changes to a higher hazard classification.
Exception: For purposes of sprinklers only, the higher hazard classification will not be deemed to include low hazard assembly occupancies of 75 occupants or fewer.
903.2.22.6 Computation of Square Footage. For the purposes of this Section 903.2.19, the floor area of buildings shall be computed in accordance with the definition of "Floor area, Gross" provided in Section 1002.1 of the California Building Code.
903.2.22.7 Existing use. Any existing building not classified as Group R, Division 3, in existence at the time of the effective date of this code may have their use continued if such use was legal at the time. Additions to existing buildings shall require an automatic fire sprinkler system installed throughout, including areas not previously protected.
Exception: For buildings that have had no additions since September 11, 2009, a single addition of not more than 250 square feet, provided the addition does not change the use to a more hazardous occupancy, shall not trigger the requirement to install an automatic fire sprinkler system. However, the square footage of the single addition will be included in the cumulative total of modifications and alterations for purposes of Section 903.2.20.4.
903.2.22.8 Exceptions and Modifications. Where hardship or substantial difficulty make strict compliance with a sprinkler section impractical, the fire code official is authorized to grant exceptions or modifications on an individual basis, pursuant to Section 104.8.
L.
Section 907 "Fire Alarm and Detection Systems" is amended to add Section 907.2.30 to read as follows:
907.2.30 Mixed Use Occupancies. Where residential occupancies are combined with commercial occupancies, a fire alarm system shall be installed which notifies all occupants in the event of a fire. The system shall include automatic smoke detection throughout the commercial and common areas. In addition, a notification system shall be installed in a manner and location approved by the fire code official that indicates the presence of residential dwelling units in accordance with Municipal Code Section 8.04.030 B.
M.
Section 4901 "General" is amended to read as follows:
Section 4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire suppression capabilities, or result in large property losses shall comply with this chapter. In addition, this section is intended to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in Wildland Urban Interface Areas (WUI). The WUI is defined by the City of Santa Barbara Community Wildfire Protection Plan (CWPP), formerly the Wildland Fire Plan, and includes, but is not limited to, areas defined by the State of California as Very High Fire Hazard Severity Zones (VHFHSZ). Future revisions and updates to the City CWPP shall be incorporated into this code by reference as best practices, whether or not adopted as mandatory code sections.
Section 4901.2 Purpose. The purpose of this code is to provide minimum standards to increase the ability of a building to resist the intrusion of flame or burning embers being projected by a vegetation fire and contributes to a systematic reduction in conflagration losses through the use of performance and prescriptive requirements. In addition, the purpose of this code is to prevent the occurrence of fires and to provide adequate fire-protection facilities to control the spread of fire which might be caused by recreational, residential, commercial, industrial or other activities conducted in the Wildland Urban Interface Area.
Section 4901.3 Policy. The policy direction for the City of Santa Barbara Wildland Urban Interface Area is established by the City of Santa Barbara Wildland Fire Plan, approved by City Council in January of 2004 and formally recognized as the CWPP in 2011.
N.
Section 4902 "Definitions" is amended to add the definitions of "Spark Arrester,'' "Tracer,'' and "Tracer Charge" and to amend the definition of "Wildland-Urban Interface Fire Area" to read as follows:
Spark Arrester is defined as a device constructed of non-flammable materials specifically for removing and retaining carbon and other flammable particles over 0.0232 inches in size from the exhaust flow of an internal combustion engine operated by hydrocarbons.
Tracer is any bullet or projectile incorporating a feature which marks or traces the flight of said bullet or projectile by flame, smoke or other means which result in fire or heat.
Tracer Charge is any bullet or projectile incorporating a feature designed to create a visible or audible effect by means which result in fire or heat and shall include any incendiary bullets and projectiles.
Wildland-Urban Interface Area is a geographical area identified by the state as a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. The CWPP outlines the Wildland Urban Interface Area within the City of Santa Barbara's local jurisdiction. For purposes of this code, Wildland Urban Interface Area and High Fire Hazard Area are interchangeable. Future updates and revisions to the City High Fire Hazard Area maps shall be incorporated by reference.
O.
Section 4903 "Plans" is amended to read as follows:
4903.1 General. When required by the fire code official, a fire protection plan shall be prepared for parcels within the High Fire Hazard Area.
4903.2 Content. The plan shall be based on site specific wildfire hazard and risk assessment that includes considerations of location, topography, aspect, flammable vegetation, climatic conditions and fire history. The plan shall address water supply, access, building construction and fire-resistance factors, fire protection systems and equipment, evacuation, defensible space and vegetation management. The plan shall also address any off site factors listed above that affect the project area.
4903.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the applicant.
4903.4 Plan retention. The fire protection plan shall be retained by the fire code official.
P.
Section 4904 "Fire Hazard Severity Zones" is amended to add Section 4904.1.1 to read as follows:
4904.1.1 Local Land Classification. Lands in the local jurisdiction are classified by the Fire Code Official in accordance with the City of Santa Barbara.
Q.
Section 4906 "Hazardous Vegetation and Fuel Management" is amended to add Section 4906.1.1 to read as follows:
4906.1.1 General. The City of Santa Barbara CWPP identifies vegetation management areas that pose an increased threat to the community during a wildland fire. Within these areas the fire code official has the authority to work with property owners to reduce the amount of flammable vegetation outside the defensible space areas. These areas include both City and Private lands. Standards for vegetation management are specified in the City CWPP.
4906.1.2 Flammable Vegetation. Vegetation installed without an approved landscape plan shall be removed if in the opinion of the fire code official, it is capable of being ignited and endangering property.
4906.3 New Development. New developments in the High Fire Hazard Area must submit Landscape Plans for review by the fire code official. Landscaping shall meet the High Fire Hazard Area Defensible Space Requirements outlined in the City of Santa Barbara CWPP. All landscape plant species must be fire resistant as described in the CWPP High Fire Hazard Area Landscape Requirements.
R.
Section 4907 "Defensible Space" is amended by adding the following:
4907.1.1 General. Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and persons owning, leasing or controlling land adjacent to such buildings or structures, shall follow defensible space requirements outlined in 4907.1 through 4907.11. For purposes of this section, defensible space requirements shall apply to persons owning, leasing or controlling land with hazardous vegetation that is within the required defensible space of structures on adjacent properties.
4907.3 Distance Requirements: Maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas within 30 to 150 feet of such buildings or structures as outlined in the following zones;
1. Coastal Interior | 30 to 50 feet brush clearance from structures |
2. Coastal | 50 to 70 feet brush clearance from structures |
3. Foothill | 100 feet brush clearance from structures |
4. Extreme Foothill | 150 feet brush clearance from structures |
Exceptions: | |
1. | Single specimens of trees, ornamental shrubbery or similar plants used as ground covers do not have to be removed, provided they do not form a means of rapidly transmitting fire from the native growth to any structure. |
2. | Grass and other vegetation located more than 30 feet from buildings or structures and less than 18 inches in height above the ground need not be removed where necessary to stabilize the soil and prevent erosion. |
4907.4 Chimney Clearance. Remove portions of trees which extend within 10 feet (3,048 mm) of the outlet of a chimney.
4907.5 Overhanging Trees. Maintain trees adjacent to or overhanging a building free of deadwood.
4907.6 Vines and Climbing Ornamental Plants: Existing vines and climbing plants attached to structures must be maintained in a well-watered condition, free of excessive dead material and trimmed to minimize fire propagation.
4907.7 Roof Debris. Maintain the roof and gutters of a structure free of leaves, needles or other dead vegetation.
4907.8 Additional Clearance Requirements. Within any High Fire Hazard Area additional brush clearance may be required on slopes greater than 30%. Slopes ranging between 30 and 40 % slope may require 200 feet clearance. Slopes ranging from 41 to 60% may require 250 to 300 foot clearance.
4907.9 High Fire Hazard Area Fire Safe Landscaping. All parcels in the High Fire Hazard Area must meet defensible space requirements as outline in 4907.1. Defensible space requirements can be met though fire safe landscaping in accordance with The City of Santa Barbara CWPP High Fire Hazard Area Defensible Space and Landscape Requirements.
4907.10 Vegetation Road Clearance. The owner, occupant or other person in control of any real property (vacant or developed) in, upon, or adjoining hazardous fire areas, and the owner, occupant or other person in control of real property adjacent to such property shall:
1. | Maintain an area cleared of flammable vegetation and other combustible growth for a distance of 10 feet on each side of portions of highways and private streets which are improved, designed or ordinarily used for vehicular traffic. |
Exception: Single specimens of trees, ornamental shrubbery or cultivated ground cover such as green grass, ivy, succulents or similar plants used as ground covers, provided they do not form a means of readily transmitting fire. | |
2. | Maintain an area cleared of all overhanging vegetation for a vertical clearance of not less than 13 feet 6 inches within the full portion of highways and private streets which are improved, roadway and one foot (1 foot) on each side from the edge of the drivable roadway. |
4907.11 Unusual Circumstances. If the fire code official determines that difficult terrain, danger or erosion or other unusual circumstances make strict compliance with the clearance of vegetation provisions of Sections 4907 undesirable or impractical, enforcement thereof may be suspended and approved alternative measures shall be provided.
S.
Section 4908 "Trespassing On Posted Property" is added to Chapter 49 to read as follows:
4908.1 General. When the fire code official determines that a specific area within the High Fire Hazard Area presents an exceptional and continuing fire danger because of the density of natural growth, difficulty of terrain, proximity to structures or accessibility to the public, such areas shall be closed until changed conditions warrant termination of closure. Such areas shall be posted as hereinafter provided.
4908.2. Signs. Approved signs prohibiting entry by unauthorized persons and referring to Section 4908.1 shall be placed on every closed area pursuant to this section.
4908.3 Trespassing. Entering and remaining within areas closed and posted is prohibited.
Exception: Owners and occupiers of private or public property within closed and posted areas, their guests or invitees, and local, state and federal public officers and their authorized agents acting in the course of duty.
4908.4 Tampering With Fire Department Locks, Barricades And Signs Locks, barricades, seals, cables, signs and markers installed within the High Fire Hazard Area, by or under the control of the fire code official, shall not be tampered with, mutilated, destroyed or removed. Gates, doors, barriers and locks installed by or under the control of the fire code official shall not be unlocked.
T.
Section 4912 "Ignition Sources" is added to Chapter 49 to read as follows:
4912.1 General. Control of ignition sources in the High Fire Hazard Area shall be in accordance with 4912.1 through 4912.13.
4912.2 Smoking. Lighting, igniting or otherwise setting fire to or smoking as defined in Title 9 of the Santa Barbara Municipal Code in public places in the High Fire Hazard Are is prohibited.
4912.3 Spark Arresters. Chimneys used in conjunction with fireplaces, barbeques or heating appliances in which solid or liquid fuels is used, upon buildings, structures or premises located within 200 feet of the High Fire Hazard Area, shall be provided with a spark arrestor constructed with heavy wire mesh or other non-combustible material with openings not to exceed 1/4 inch.
4912.4 Suppression Equipment for Gasoline-Fueled Internal Combustion Engines-Off Road Vehicles. No person shall use or operate any internal combustion engine which operates on hydrocarbon fuels on any forest, brush, or grass covered land without providing, and maintaining in good working order, a spark arrester attached to the exhaust system, except for motorcycles, vehicles equipped with a muffler as defined by the California Vehicle Code, such as motor trucks, truck tractors, buses, and passenger vehicles are not subject to the provisions of this section. Spark arresters affixed to the exhaust of engines shall not be placed or mounted in such a manner as to allow flames or heat from the exhaust system to ignite any flammable material.
4912.5 Suppression Equipment For Gasoline-Fueled Internal Combustion Engines-Tools. No person shall use or operate any portable saw, auger, drill, tamper or other portable tool powered by a gasoline-fueled internal combustion engine on or near any forest, brush, grass covered land, within 25 feet from any flammable material without providing at the immediate location a round point shovel or a 2A 10 BC fire extinguisher.
The above tools shall at no time be farther than 25 feet, with unrestricted access, from the operator to the point of operation.
4912.6 Tracer Bullets, Tracer Charges, Rockets And Model Aircraft. Tracer bullets and tracer charges shall not be possessed, fired or caused to be fired into or across wildland urban interface areas. Rockets, model airplanes, gliders and balloons powered with an engine, propellant or other feature liable to start or cause fire shall not be fired or projected into or across the wildland urban interface area.
4912.7 Apiaries. Lighted and smoldering material shall not be used in connection with smoking bees in or upon the High Fire Hazard Area except by permit from the fire code official.
4912.8 Open Flame Devices. Welding torches, tar pots, decorative torches and other devices, machines or processes liable to start or cause fire shall not be operated or used in or upon the High Fire Hazard Area except by permit from the fire code official.
Exception: Use within habited premises or designated campsites which are a minimum of 30 feet from grass, grain, brush or forested areas.
4912.9 Outdoor Fires. Outdoor fires shall not be built, ignited or maintained in or upon, the High Fire Hazard Area, except by permit from the fire code official. Permits shall incorporate such terms and conditions which will reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or maintained in or upon the High Fire Hazard Area under the following conditions: | |
1. | When high winds are blowing; |
2. | When a person age 17 or over is not present at all times to watch and tend fire; or |
3. | When the fire code official declares a Red Flag Warning. |
4912.10 Outdoor Fireplaces and Barbeques. Permanent barbeques, portable barbeques, outdoor fireplaces or grills shall not be used for the disposal of rubbish, trash, or combustible waste material. Permanent barbeques outdoor fireplaces, portable barbeques and grills shall be a minimum of 30 feet from grass, grain, brush or forested areas, maintained in good repair and in a safe condition at all times. Openings in such appliances shall be provided with an approved spark arrester, screen, or door.
Exception: When approved, unprotected openings in barbeques and grills necessary for proper functioning.
4912.11 Dumping. Garbage, cans, bottles, papers, ashes, refuse, trash, rubbish or combustible waste material shall not be placed, deposited or dumped in or upon the High Fire Hazard Area or in, upon or along trails, roadways or highways in the High Fire Hazard Area.
Exception: Approved public and private dumping areas.
4912.12 Disposal Of Ashes. Ashes and coals shall not be placed, deposited or dumped in or upon the High Fire Hazard Area.
Exception: (1) In the hearth of an established fire pit, camp stove or fireplace, (2) In a noncombustible container with a tight fitting lid, which is kept or maintained in a safe location not less than 10 feet from combustible vegetation or structures, (3) Where such ashes or coals are buried and covered with 1 foot of mineral earth not less than 25 feet from combustible vegetation or structures.
4912.13 Use Of Fire Roads And Firebreaks. Motorcycles, motor scooters and motor vehicles shall not be driven or parked upon, and trespassing is prohibited upon, fire roads or firebreaks beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owners. Vehicles shall not be parked in a manner which obstructs the entrance to a fire road or firebreak.
Exception: Public officers acting within their scope of duty.
U.
Section 5601 "General" is amended to add Sections 5601.2, 5601.3, and 5601.4 to read as follows:
Section 5601.2 Explosives and Blasting Agents. Storage of explosives and blasting agents is restricted to the A-I (Airport Industrial) zone.
Section 5601.1.3 Fireworks. The manufacturing, possession, storage, sale, use and handling of fireworks are prohibited in the City of Santa Barbara.
Exceptions: | |
1. | Storage and Handling of Fireworks as allowed in Section 5604. |
2. | Manufacture, testing and assembly of fireworks as allowed in Section 5605 and Health and Safety Code Division 11. |
3. | The use of Fireworks for Fireworks displays, pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11. |
Section 5601.7 Seizure: The fire code official is authorized to remove or caused to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this ordinance and Chapter 56.
(Ord. 5779, 2016; Ord. 5920, 2019; Ord. 6094, 2022)
§ 8.04.030 Fire Prevention Development Standards.
A.
Fire Zone 2. Buildings or portions of buildings constructed within the boundaries of Fire Zone 2, as designated by the fire code official and shown on a map on file with the City Clerk and the Community Development Department, shall provide a 10,000 gallon water tank to be used for fire protection purposes only, designed, installed and maintained in a manner approved by the fire code official, incorporating each of the following additional features in its construction:
1.
All fire department access complies with the requirements of Section 503 of the International Fire Code (2021 Edition) as amended by this chapter; and
2.
All plantings used for landscaping within 150 feet of any structure must be fire resistant; and
3.
All native brush, shrubs and grasses are kept cleared to within 150 feet of any structure; and
4.
Residential fire sprinklers are installed in any building used for sleeping or cooking according to National Fire Protection Association Residential Standards.
B.
Mixed Use Occupancy Notification System. Signs shall be installed in a manner and in locations approved by the fire code official indicating the presence of residential dwelling units in buildings of mixed-use occupancy. Required signs shall be clearly visible from the front of the building and conform to the following criteria:
1.
All signs shall begin with the letter R followed by a hyphen.
2.
R - shall be followed by cardinal numbers denoting the floors containing dwelling units. Example: R-2 denotes dwelling units on the 2nd floor; R-2-3 denotes dwelling units on the 2nd and 3rd floors.
3.
Letters shall have a minimum of four inches high with a one-half inch wide stroke.
4.
Letters shall contrast to their background.
5.
Letters on glass shall be in reflective tape.
6.
In the event that dwelling units are added or removed from floors, the required sign shall be updated prior to the occupancy of the altered floor space.
(Ord. 5779, 2016; Ord. 5920, 2019; Ord. 6094, 2022)
§ 8.08.010 Enforcement by Fire Department Chief.
It shall be the duty of the Chief of the Fire Department to see that all the provisions of this chapter and all other ordinances pertaining to the protection of the City from fire are strictly enforced, and to that end he or she and his or her deputies shall have the right to enter upon any premises at all reasonable hours for the purpose of inspecting the same, and it shall be unlawful for any person upon his or her request or that of his or her deputy to refuse to permit such inspection.
(Ord. 2819 §1, 1961)
§ 8.08.020 Inspection by Fire Department Chief.
It shall be the further duty of the Chief of the Fire Department or his or her duly authorized representative to inspect, as often as may be necessary, all building, premises and public thoroughfares, for the purpose of ascertaining and causing to be corrected any conditions contrary to the provisions and intent of this or any other ordinances of the City affecting the fire hazard, and it shall be unlawful for any person to refuse to allow such inspection, or in any manner to interfere therewith.
(Ord. 2819 §1, 1961)
§ 8.08.030 Hazard Determined - Order to Remedy by Chief.
Whenever any officer or member of the Fire Department shall find upon any premises or other place, combustible or explosive matter, or dangerous accumulation of rubbish or unnecessary accumulation of waste, paper, boxes, shavings or any other flammable or combustible materials, and which is so situated as to endanger property, he or she shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises. The service of such order shall be made upon the owner of the premises by mailing it to the owner of the property by first class mail with the address as shown on the most recent assessment roll of the County of Santa Barbara.
(Ord. 2819 §1, 1961; Ord. 4201, 1983)
§ 8.08.040 Obstructing Egress With Flammables.
It is unlawful for any person to keep or allow or permit to remain any explosive or inflammable compound, or combustible material of any kind near any doorway or stairway of any building, in such place or manner as to obstruct the same or render egress hazardous in case of fire.
(Ord. 2819 §2, 1961)
§ 8.08.050 Storage of Flammable Materials.
It is unlawful for any person or persons to keep, or allow or permit to be kept, any waste, rags, paper, excelsior or other flammable substance liable by spontaneous combustion or otherwise, to cause a fire, and no receptacle containing such material or substance shall be kept or maintained outside of the property line, and packing material, such as excelsior, hay, paper or any other flammable material shall be removed from all packing cases, boxes, barrels, crates, etc., and all containers piled, stacked or stored in a neat and orderly manner and in such a position as not to endanger any property or premises by fire.
(Ord. 2819 §3, 1961)
§ 8.08.060 Dumping Flammable Materials in Vacant Lots, Streets, Ditches.
It is unlawful for any person or persons to cause, or permit to be dumped, placed or be deposited in or upon any vacant lot, street, ditch or other place not officially designated as a public dumping ground, any weeds, rubbish, trimmings from trees, shrubbery, grass or other flammable material. It is unlawful for any person to keep, place or deposit, refuse on any public or private grounds or premises whatsoever, except in containers or receptacles for collection upon premises owned, occupied or under possession and control of such person, provided however, that lawn and garden trimmings may be composted in an excavation.
(Ord. 2819 §4, 1961)
§ 8.08.070 Depositing Ashes in Wooden Containers.
It is unlawful for any person or persons to deposit any ashes, or cause or permit the same to be deposited or placed, or to permit or suffer the same to be or remain in any wooden vessel or receptacle, or in any vessel or receptacle composed of combustible material upon any premises under his or her or their control, but all such ashes shall be placed and kept in some safe repository or receptacle of galvanized iron or other incombustible material and not less than 12 inches from any wooden building or inflammable structure, or when deposited on the ground the same must be not less than 10 feet from any wooden building or flammable structure, but then only after the same has been kept in a fireproof receptacle for at least 48 hours after having been subject to heat.
(Ord. 2819 §5, 1961)
§ 8.08.080 Permit to Keep Certain Amount of Hay or Straw.
It is unlawful for any person to keep for sale or to store or permit to be kept or stored on any property owned, occupied or under his or her control, any quantity of loose hay or straw of any kind, exceeding three tons in weight, or any quantity of baled hay or straw in excess of 10 tons in weight, without first obtaining a permit from the Fire Marshal to do so.
(Ord. 2819 §6, 1961)
§ 8.08.090 Portable Lanterns and Stoves Near Flammable Materials.
It is unlawful to use or maintain any portable light, lantern or stove in any building, structure, vehicle or boat, where any combustible, explosive or highly flammable materials are situated and exposed, unless such portable light or other such appliance be of a design or type approved by a recognized testing agency.
(Ord. 2819 §7, 1961)
§ 8.08.100 Chimney, Smoke Stack, Stove - Condition.
It is unlawful for any person to maintain or permit to be maintained, any building or structure or appurtenances of fixtures thereto, or any chimney, smoke stack, oven or furnace or anything connected with such building or premises in a defective, insecure or unsafe condition so as to be liable to cause fire.
(Ord. 2819 §8, 1961)
§ 8.08.110 Accumulation of Rubbish, Foliage, Grass - Disposal.
It is unlawful for the owner, tenant or person in control of any parcel of land within the City to allow or permit any accumulation of grass, brush, foliage, rubbish or any other combustible or inflammable material to accumulate or remain upon any such property, and which is a fire hazard to any property in the City, it shall be the duty of such owner of such parcel to forthwith clean up such parcel and dispose of all such material and take appropriate action to maintain the property "fire-hazard-free" after notification by the Fire Department to do so.
(Ord. 2819 §9, 1961; Ord. 4201, 1983)
§ 8.08.120 Parcel of Land a Fire Hazard - Abatement.
It shall be the duty of the Chief of the Fire Department, or his or her duly authorized representative, whenever any parcel of land within the City is, by reason of the condition described in Section 8.08.110 of this code, a real or potential fire menace, or by reason of its flammable nature, a hazard to life or property, to immediately notify the owner to remove and abate the same.
(Ord. 2819 §9, 1961; Ord. 4201, 1983)
§ 8.08.130 Notice to Remove and Abate.
The notice to remove and abate and maintain the property fire hazard free as referred to in Section 8.08.120 shall be in writing by mailing it to the owner of the property by first class mail with the address as shown on the most recent assessment roll of the County of Santa Barbara.
(Ord. 4201, 1983)
§ 8.08.135 Contents of Notice to Abate.
The contents of the notice and attachments thereto mailed pursuant to Section 8.08.130 shall include notice of the following:
A.
The Chief of the Fire Department, or his or her duly authorized representative, has determined that on the owner's property (identified by address and county assessor's parcel number) a fire hazard is maintained which must be abated or removed by the date as specified in the notice;
B.
Failure to so abate and remove and maintain "hazard free" beyond that date certain will result in the Chief of the Fire Department, or his or her duly authorized representative, authorizing the abatement and removal of the fire hazard at the owner's expense;
C.
Said owner shall be billed for the City's expense incurred, in authorizing the abatement and removal of the hazard, including administrative expenses to abate and remove the fire hazard and expenses incident to securing payment from owner for same;
D.
Any assessment for the abatement and removal not timely paid by owner shall be presented to the City Council at a date and time certain for consideration at which time said owner, or his or her lawful representative, may appear to protest or contest the assessment;
E.
The City Council, after presentation by the Chief of the Fire Department and any protest by a parcel owner, may direct the filing of a lien against the owner's property from which the fire hazard was abated and removed by the City, which will be payable through the annual tax rolls.
(Ord. 4201, 1983)
§ 8.08.140 Failure to Remove or Abate - City.
If such owner of said parcel of land cannot be reached by mail or when so notified by mailing as aforesaid, fails, refuses or neglects to remove or abate and maintain the parcel so as to prevent the reoccurrence of said hazardous condition within 20 days following the date of such service, the Chief of the Fire Department shall forthwith remove, or cause to be removed, such hazard by whatever means the City Council shall direct.
(Ord. 2819 §9, 1961; Ord. 4201, 1983)
§ 8.08.150 Removal and Abatement by City - Notice of Hearing to Owner.
Upon completion of the work of removal and abatement of such fire hazard, the Chief of the Fire Department shall promptly report the actual cost of such work to the City Council, and thereupon the City Clerk shall mail or cause to be mailed to the owner of such parcel of land, as shown by the current City Tax Assessment Roll, a copy of such cost report together with a notice of hearing before a regular meeting of the City Council not less than 10 days after the date of mailing of such report and notice.
(Ord. 2819 §9, 1961)
§ 8.08.160 Hearing of Protests - Overrule - Assessment.
At the time so set for such hearing, the City Council shall hear and determine all protests of such owner or other interested parties, and in the event such protest or protests be overruled by the Council, the Council may thereupon order the cost, or such portion thereof as it deems just, assessed against such parcel of property and collected as in the case of ordinary taxes.
(Ord. 2819 §9, 1961)
§ 8.08.170 Penalties Cumulative.
The foregoing procedure for removal and abatement of such fire hazard as in this chapter provided, shall be cumulative and in addition to any other remedy or penalty herein or otherwise authorized by law.
(Ord. 2819 §9, 1961)
§ 8.08.180 Nuisance Declared.
§ 8.08.190 Penalty for Violation.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor.
(Ord. 2819 §11, 1961; Ord. 4201, 1983)
§ 8.16.010 Definitions.
As used herein "Chief of the Fire Department" or "Fire Chief" shall mean the Fire Chief of the City or a member of the Fire Department designated by him or her.
(Ord. 3187 §1, 1966)
§ 8.16.020 Permits Required.
Except as herein provided, no person shall establish, operate, maintain or use any building, structure, room, parcel of land or premises for any purpose other than for purposes of a single unit residential, two-unit residential, or multi-unit residential, or for purposes incidental thereto, without having a permit then in effect issued under this chapter. No permit shall be required for any business or occupancy in existence prior to the effective date of Ordinance No. 3187, codified in this chapter. Only one permit shall be required for all buildings or structures operated by the same person at the same location as a laboratory.
(Ord. 3187 §2, 1966; Ord. 5798, 2017)
§ 8.16.030 Separate Permits Required.
A permit issued under the provisions of this chapter shall be valid only for the person in whose name it is issued, and for the location shown on the permit. Separate locations require separate permits unless otherwise specified.
(Ord. 3187 §3, 1966)
§ 8.16.040 Application.
A.
Filing. All applications for permits required by this chapter shall be filed with the City Treasurer and shall be in writing on forms provided by the Treasurer. Such applications shall be accompanied by the fire permit fees required in Section 8.16.110.
B.
Contents. Applications for permits required by this chapter shall, unless otherwise required by the Fire Department, contain the following information:
1.
The name and address of the applicant;
2.
A description of the property by street and number wherein or whereon the applicant proposes to engage in the business, operation or occupation for which the permit is required, and if the same has no street number, then such description as will enable it to be easily located;
3.
A statement signed by the applicant or his or her authorized representative, signifying that the applicant is in charge of such business, operation or occupation of premises, and agrees to comply with all regulations, laws and ordinances pertaining thereto;
4.
Applications for permits to store, process or use hazardous materials shall state thereon the maximum aggregate quantity of such materials which the applicant intends to store, process or use at any time;
5.
Applications for permits for institutional occupancies or assemblage occupancies shall state thereon the maximum capacity for which the permit is requested.
(Ord. 3187 §4, 1966)
§ 8.16.050 Granting - Investigation.
A.
The Fire Marshal shall cause an investigation to be made of every application for a permit, and such investigation shall be made by authorized members of the Fire Department.
B.
The Fire Marshal may require such additional information as may be necessary to carry out the investigation of the application for a permit.
C.
If, after investigation and consideration of any application and of any plans or specifications required in connection therewith, it shall be determined that the proposed business, operation, occupation or premises will not create any undue hazard as a result of fire or panic, and will comply with all requirements of this chapter and all other relevant laws, the authorized Fire Department representative shall approve the application.
D.
The Fire Department approval of the application may be made subject to such terms and conditions as may be necessary for the safeguarding of life and property from the hazards of fire, explosion or panic.
(Ord. 3187 §5, 1966)
§ 8.16.060 Power to Deny.
The Chief of the Fire Department, in his or her discretion, is hereby empowered to deny or withhold approval of a permit for which an application has been made if the building, persons, premises, equipment, apparatus, vehicle or reasonable facilities for the establishing, maintaining, conducting or operating the business, operation, occupation or premises for which the permit is requested, is insufficient or unfit or incapable of being used, maintained, established or operated to comply with this chapter or other applicable laws, including, but not limited to, the California Fire Code as adopted by the City.
(Ord. 3187 §5, 1966)
§ 8.16.070 Certificate of Occupancy - Prerequisite.
A permit shall not be issued or granted unless a building permit has been issued by the Building Department for the building or structure, or the approval of the Building Department is obtained for the proposed use.
(Ord. 3187 §5, 1966)
§ 8.16.080 Transferability - Ownership - Location.
A.
Transfer of Ownership. No permit shall be transferable except where the business, operation, occupation or premises for which the permit is issued, is transferred, whether by sale or otherwise, to another person under such circumstances that the real or ultimate ownership after the transfer is substantially similar to the real or ultimate ownership existing before the transfer. For the purposes of this section, stockholders, bondholders, partners, or other persons holding an interest in a corporation or other entity herein defined to be a person, are regarded as having the real or ultimate ownership of such corporation or other entity.
B.
Change of Location. Any change of location for any business, operation, occupation or premises shall require filing of a new application and payment of the applicable fee.
(Ord. 3187 §6, 1966)
§ 8.16.090 Expiration.
Unless otherwise set forth on the face of the permit, every permit issued in accordance with the provisions of this chapter shall be good until voided, revoked or suspended.
(Ord. 3187 §7, 1966)
§ 8.16.100 Power of Revocation and Suspension.
A.
By the Chief of the Fire Department. Notwithstanding any other provisions of this chapter to the contrary, the Chief of the Fire Department shall have the power to revoke or suspend any permit, at his or her discretion, upon proof to the satisfaction of the Chief of the Fire Department of violation by the permittee of the provisions of this chapter, any other applicable law, or the terms and conditions of any permit as may be specified under the authority of this chapter. Such revocation or suspension shall be made in accordance with the provisions of this chapter.
B.
Revocation. Whenever any person fails to comply with any provisions of this chapter or other fire prevention ordinance, the Chief of the Fire Department, upon hearing after giving such person 10 days notice in writing, specifying the time and place of hearing and requiring him or her to show cause why his or her fire permit should not be revoked for such failure, may revoke or suspend any one or more of the fire permits held by such person. The notice shall be served in person or by registered mail to his or her last address. The determination of the Chief of the Fire Department shall be final.
C.
Operation After Revocation or Suspension. Any person who engages in any business, operation or occupation, or uses any premises after the fire clearance issued therefor has been suspended or revoked pursuant to the provisions of this section, and before such suspended permit has been reinstated or a new permit issued, shall be guilty of a misdemeanor.
(Ord. 3187 §8, 1966)
§ 8.16.110 Fees.
The permits and plan reviews required under the provisions of this chapter shall be those enumerated in the California Fire Code as adopted and amended from time to time by the City. The amount of fees for such permits and plan reviews shall be established by resolution of the City Council. Copies of said Code and resolution are on file in the City Clerk's Office.
(Ord. 3187, 1966; Ord. 4070, 1980)
§ 8.16.120 Collection.
All permit fees required by this chapter shall be paid in lawful money of the United States and shall be collected by the City Treasurer.
(Ord. 3187 §9(1), 1966)
§ 8.16.130 Fee Exempt Permits.
Upon application, fee exempt permits shall be issued to the following without the payment of fees prescribed by this chapter: United States Government, State of California, County of Santa Barbara, City of Santa Barbara, Santa Barbara City School Districts, any municipal corporation, department or office thereof.
(Ord. 3187 §9, 1966)
§ 8.16.140 Duplicate Permits.
Duplicate permits may be issued by the City Treasurer to replace any previously issued permit which has been lost or destroyed upon filing an affidavit by the holder of the permit or authorized representative attesting to such fact and upon paying to the City Treasurer a fee of one dollar therefor.
(Ord. 3187 §9, 1966)
§ 8.16.150 Inspection Rights - Fire Department.
The Chief of the Fire Department and all of his or her deputies shall have the power and authority to enter, free of charge, at all reasonable times, any premises or place of business which requires fire clearance under the provisions of this chapter, and to demand exhibition of a fire clearance and evidence of amount of fee paid. Any person having a fire clearance heretofore issued in his or her possession or under his or her control who fails to exhibit the same as well as evidence of amounts of fees paid, on demand, shall be guilty of a misdemeanor.
(Ord. 3187 §9, 1966)
§ 8.16.160 Fire Clearance - Exceptions - Record.
A record of fire clearance and exceptions which may be granted in accordance with the provisions of this chapter shall be maintained by the Fire Marshal. Such record shall be available for public inspection at the Office of the Fire Prevention Bureau.
(Ord. 3187 §9, 1966)
§ 8.16.170 Authority to Stop Work.
Whenever any construction or installation work is being performed in violation of the plans and specifications as approved by the Fire Department, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be done on that portion until the violation has been corrected.
(Ord. 3187 §10, 1966)
§ 8.16.180 Penalties.
A.
Any person who shall violate any of the provisions of this chapter hereby adopted, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement or specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, shall severally for each and every such violation and non-compliance respectively, be guilty of a misdemeanor, punishable by a fine of not more than $300.00, or by imprisonment for not more than 150 days, or by both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. All such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
B.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. 3187 §11, 1966)
§ 8.20.010 Definitions.
As used in this chapter:
means Director of the Public Works Department, or his or her delegate.
means to cut, clear, trim, remove or carry away, as is appropriate to the situation.
means trees, hedges, shrubs, vines or plants or any combination of them, in or adjacent to any public street or place, which will touch or impede any person or vehicle passing or using such public street or place in any ordinary manner, or which interfere with the clear view of persons or vehicle operators using, entering or leaving such public street or place in an ordinary manner so as to make such use, entrance or leaving more difficult or hazardous and thereby increase the danger to persons or property.
(Prior code §39.44; Ord. 2996 §2, 1964)
§ 8.20.020 Administrative Regulations - Director's Authority to Adopt.
The Director, from time to time, may adopt administrative regulations designed to carry out the purposes and make more specific the provisions of this division. Prior to the adoption of such regulations, the Director may hold one or more hearings on the proposed regulations. The original of all regulations adopted pursuant to this section shall be certified as to date of adoption over the Director's signature.
(Prior code §39.45(a); Ord. 2996 §2, 1964)
§ 8.20.030 Regulations to go into Effect.
Regulations adopted pursuant to this section shall be in effect upon and after their publication in a daily newspaper of general circulation in the City.
(Prior code §39.45(b); Ord. 2996 §2, 1964)
§ 8.20.040 Amendments and Numbering.
Regulations adopted and placed into effect pursuant to this section shall be consecutively numbered and may be amended, replaced, or repealed in the same manner as originally enacted.
(Prior code §39.45(c); Ord. 2996 §2, 1964)
§ 8.20.050 Regulations Made Public in Office of Director.
Copies of current regulations adopted and placed into effect pursuant to this section shall be made available to the public in the Office of the Director.
(Prior code §39.45(d); Ord. 2996 §2, 1964)
§ 8.20.060 Obstruction Declared a Nuisance.
Every obstruction is hereby declared to be a public nuisance.
(Prior code §39.46; Ord. 2996 §2, 1964)
§ 8.20.070 Duty to Prevent Obstruction.
Every owner, possessor or person in control of any lot or parcel of real property or any portion of any lot or parcel of real property, which lot or parcel, or portion thereof, abuts any public street or place, shall maintain all trees, hedges, shrubs, vines and plants upon such real property and upon the abutting public street or place between such real property and the improved surface of such street or place so as to prevent such trees, hedges, shrubs, vines or plants from becoming or continuing to be obstructions.
(Prior code §39.47(a); Ord. 2996 §2, 1964)
§ 8.20.080 Failure to Prevent Obstruction a Misdemeanor.
Any owner, possessor or person in control of any lot or parcel of real property or any portion of any such lot or parcel who fails, neglects or refuses to carry out the duty prescribed by Section 8.20.070, or as such duty may be made more specific by regulations adopted pursuant to Sections 8.20.020 - 8.20.050 is guilty of a misdemeanor.
(Prior code §39.47(b); Ord. 2996 §2, 1964)
§ 8.20.090 Abatement of Obstruction - Notice - Posting.
Upon the failure, neglect or refusal of any owner, possessor or person in control of any lot or parcel of real property or any portion of any lot or parcel of real property, to maintain any trees, hedges, shrubs, vines or plants so as to prevent obstruction as required in this chapter, a notice to abate obstruction, substantially in the form provided in this chapter, may be mailed by the Director, postage prepaid, to the owner whose name appears as the owner on the last equalized assessment roll of the City available on the date the notice is mailed; and, in addition, not less than one copy of such notice shall be conspicuously posted upon the property not less than 24 hours after such mailing. A copy of the notice shall be immediately forwarded to the City Clerk.
(Prior code §39.48(a); Ord. 2996 §2, 1964)
§ 8.20.100 Notice of Abatement - Contents - Procedure.
The notice to abate obstruction shall be dated, shall be directed to the owner, possessor or person in control, shall describe the lot or parcel by street address, if any, and by the designation shown by the official City parcelling maps, shall set forth in general terms what must be done to abate the obstruction, shall set a date and place not more than 15 nor less than five days from the date of the notice at which the City Council will hear objections to the proposed abatement, and shall state that if the work of abatement is not commenced on or before the day following the date for hearing before the City Council and diligently prosecuted to completion within five days thereafter, the work shall be done by the City or under its direction, and the cost thereof, together with administrative costs, will be made a lien and special assessment against the property, until paid.
(Prior code §39.48(b); Ord. 2996 §2, 1964)
§ 8.20.110 Form of Notice to Abate Obstruction.
The "notice to abate obstruction" shall be in substantially the following form, the heading of which shall be in letters not less than one inch in height:
NOTICE TO ABATE OBSTRUCTION |
(Vegetation obstructing public street or place) |
NOTICE is hereby given to the owner, possessor or person in control of the real property within the City of Santa Barbara located at (Street address, if any) and described in the official City parcelling maps as Parcel No. __________, that certain of the trees, shrubs, hedges, vines or plants upon the property described above or in the public street or place abutting it constitute an obstruction, as defined and regulated by Chapter 8.20, Code of the City of Santa Barbara, which must be abated by: |
(Statement in general terms of work required) |
Unless the City Council provides otherwise, if such work is not commenced on or before one day following the date set out below for hearing before the City Council, and thereafter completed within five days, such obstruction will be abated by the City or under its direction and the costs of such abatement work, together with the costs of administration, will be made a lien and special assessment against the property, until paid. |
Any owner, possessor or person in control of the property having any objection to the proposed abatement, is hereby notified to attend a meeting of the City Council of the City of Santa Barbara, in the Council Chambers, City Hall, Santa Barbara, California, on _______, 20_____, where, at ____.m., or as soon thereafter as the business of the Council permits, such objections will be heard and given due consideration. |
Dated this _____ day of _____, 20____. |
__________________________________ Director, Public Works Department City of Santa Barbara State of California |
(Prior code §39.49; Ord. 2996 §2, 1964)
§ 8.20.120 Hearing of Objections by City Council.
On the date set forth in the notice to abate obstruction, the City Council shall hear and consider objections to the proposed abatement of obstruction and may, to enable the Council to properly and fully consider the matter, order that the hearing be continued to a date certain and that the date of commencement of the work by the owner, possessor or person in control be commensurately postponed.
(Prior code §39.50(a); Ord. 2996 §2, 1964)
§ 8.20.130 Overruling Objections.
By motion or resolution at the conclusion of the hearing, the City Council shall allow or overrule any objections. At such time, if the objections have been overruled, the City Council, by motion or resolution, shall either order the Director to have City forces carry out the proposed abatement work or direct and authorize the Director to cause such work to be carried out by a qualified and licensed private firm or individual.
(Prior code §39.50(b); Ord. 2996 §2, 1964)
§ 8.20.140 Abatement Pursuant to Council Order.
After the period has passed within which the owner, possessor or person in control was to have completed the work involved in the abatement of the obstruction, the Director shall cause the obstruction to be abated without unnecessary delay pursuant to and in accord with the order or directive of the City Council.
(Prior code §39.51; Ord. 2996 §2, 1964)
§ 8.20.150 Entry to Abate.
The person or persons authorized to abate the obstruction may enter upon private property to carry out and complete the necessary work involved.
(Prior code §39.52; Ord. 2996 §2, 1964)
§ 8.20.160 Abatement Before Arrival.
At any time up to the arrival of the Director or other authorized person or persons, the owner, possessor or person in control may abate the obstruction nuisance at his or her own expense.
(Prior code §39.53; Ord. 2996 §2, 1964)
§ 8.20.170 Report - Costs - Notice of Hearing.
Upon completion of the work of the abatement of the obstruction nuisance, the Director shall promptly submit a report to the City Council, for confirmation, which shall include:
A.
A copy of the notice to abate obstruction;
B.
The name and address of the owner to whom the notice was mailed;
C.
The date upon which the notice was mailed;
D.
The date upon which the notice was posted;
E.
The date or dates upon which the City Council held a hearing pursuant to such notice;
F.
The disposition of the matter by City Council at the conclusion of such hearing;
G.
The date or dates upon which the abatement work was carried out, and by whom; and
H.
The actual cost of the abatement work and the costs of administration to date.
(Prior code §39.54(a); Ord. 2996 §2, 1964)
§ 8.20.180 Form of Notice of Assessment Hearing.
Upon receipt of such report, the City Clerk shall mail or cause to be mailed a copy of such report, postage prepaid, together with an attached notice of assessment hearing to the owner of the property. The notice of assessment hearing shall be in substantially the following form:
NOTICE OF ASSESSMENT HEARING |
NOTICE is hereby given you as the owner of the real property which is the subject of the attached report, that on ________, 20___, in the Council Chambers of City Hall, Santa Barbara, California, at _________.m., o'clock, or as soon thereafter as the business of the Council permits, the City Council of the City of Santa Barbara will receive the attached report and confirm it in its present form or as it may be modified. Upon confirmation the report will be forwarded to the City Treasurer and Tax Collector, whereupon the amount of abatement and administration costs will be added to the assessment rolls as a special assessment against the property and become a lien against the property for such amount. Collection and enforcement will thereafter be made in the same manner provided for ordinary municipal taxes. |
You are hereby further notified that at the time and place above set forth, the City Council will hear and give due consideration to any protest or objection you may have to such report and to the assessment of your property for abatement and administration costs. |
Dated this _____ day of _____, 20__. |
_____________________________ City Clerk, City of Santa Barbara, State of California |
(Prior code §39.54(b); Ord. 2996 §2, 1964)
§ 8.20.190 Hearing on Report - Confirmation.
The notice of assessment hearing shall prescribe a hearing date not less than five nor more than 15 days from the date the notice is mailed. At the time and date set for receiving the report and hearing any protests or objections, the City Council shall hear such protests or objections, modify the report if it is deemed necessary, and confirm it, as modified, by motion or resolution.
(Prior code §39.55; Ord. 2996 §2, 1964)
§ 8.20.200 Confirmed Report to City Treasurer - Assessment and Lien - Collection.
After confirmation of the report, a copy shall be forwarded to the City Treasurer and Tax Collector who shall enter such cost amount as may have been confirmed as a special assessment against the property. From the time the entry is made, the amount shall constitute a lien on such property for the amount of the assessment until paid. Thereafter, such amount shall be added to the next regular tax bill and be collected at the same time and in the same manner as ordinary municipal taxes, and if delinquent, shall be subject to the same penalties and procedure for foreclosure and sale provided for ordinary municipal taxes.
(Prior code §39.56; Ord. 2996 §2, 1964)
§ 8.20.210 Alternative Procedure.
The proceedings provided in this chapter for the abatement of obstruction nuisances are an alternative to any other procedure which now or hereafter may exist by City ordinance or by the general laws of the State of California, including, without limitation, remedy by way of injunctive relief upon proof of the facts giving rise to the obstruction.
(Prior code §39.57; Ord. 2996 §2, 1964)
§ 8.20.220 Other City and State Laws.
Whenever any other City or State law in effect and applicable to the same matters or things made the subject of any or all of this chapter, the more stringent prohibition, regulation or other control shall prevail.
(Prior code §39.58; Ord. 2996 §2, 1964)
§ 8.20.230 Bermuda, Etc., Grass in Gutters, Etc., a Nuisance.
A.
The word "gutter" as used in this section means only those gutters which now or may hereafter exist at the sides of traveled streets in the City or intersecting the same.
B.
The growth or deposit of Bermuda, Sandwich Island, or Island grass, cynodon dactylon, on or in any gutter or on or in any traveled street in the City is hereby declared to be a public nuisance.
C.
No person shall place, throw or deposit any such grass or the roots thereof, in any gutter or any traveled street of the City.
(Prior code §39.4)
§ 8.20.240 Grass, Rubbish, Etc., Obstructing Sidewalks.
A.
The growth or existence of grass, weeds, rubbish or impediments to travel of any kind upon any sidewalk in the City, between the property line adjacent thereto and the line of the street curb, is hereby declared to be a public nuisance. No owner, lessee, occupant, or person in charge of any real estate shall permit the existence on or over the sidewalk in front of such property, of all or any of the things declared to be a public nuisance by this section.
B.
The Superintendent of Streets shall, in writing, notify any person guilty of the violation of any of the provisions of this section to abate the nuisance, specifying it, within 10 days from the service of such notice. If such nuisance be not abated within such time, the Superintendent shall abate such nuisance at the cost of the City, the cost and expense thereof shall be collectable from the person so notified, by action in the proper court on suit of the City.
(Prior code §39.16)
§ 8.24.010 Certain Weeds on Private Property Declared a Nuisance.
All weeds growing upon private property within the City which bear seeds of a wingy or downy nature, or attain such a growth as to become a fire menace when dry, or which are otherwise noxious or dangerous, may be declared to be a public nuisance by resolution of the City Council and thereafter abated.
(Prior code §20.69)
§ 8.24.020 Description of Property in Resolution Declaring Nuisance.
The resolution adopted pursuant to Section 8.24.010 shall describe the property upon which the nuisance exists by giving the lot and block number of the same according to the official map or to the assessment map of the City used for describing property on tax bills and no other description of the property shall be required.
(Prior code §20.70)
§ 8.24.030 Resolution May Cover Several Parcels.
Any number of parcels of property may be included in one and the same resolution declaring the nuisance.
(Prior code §20.71)
§ 8.24.040 Posting and Form of Notice to Abate.
After the passage of the resolution as provided by Sections 8.24.020 and 8.24.030, the Street Superintendent shall cause to be conspicuously posted in front of the property on which the nuisance exists at not more than 100 feet in distance apart, and not less than three in all, notices headed: "Notice to destroy weeds." Such heading shall be in letters not less than one inch in height and the notice shall be substantially in the following form:
NOTICE TO DESTROY WEEDS |
NOTICE IS HEREBY GIVEN, that the day of ________, 20___, the City Council passed a resolution declaring that noxious or dangerous weeds were growing upon property in this City more particularly described in such resolution, and that the same constitutes a public nuisance which must be abated by the removal of such noxious or dangerous weeds, otherwise they will be removed and the nuisance will be abated by the Street Superintendent of this City in which case the cost of such removal, together with incidental expenses, shall be assessed upon the lots and lands from which such weeds are removed, and such costs and incidental expenses will constitute a lien upon such lots or lands until paid. Reference is hereby made to such resolution for further particulars. |
All property owners having any objections to the proposed removal of such weeds are hereby notified to attend a meeting of the City Council of this City to be held on the ____ day of _____, 20___, at the Council Chamber in the City Hall of this City, when their objections will be heard and given due consideration. |
Dated this _______ day of ____, 20_____. |
______________________________ Street Superintendent |
(Prior code §20.72)
§ 8.24.050 Time for Posting Notice to Abate.
The notice mentioned in Section 8.24.040 shall be posted at least five days prior to the time stated therein for hearing objections by the City Council.
(Prior code §20.73)
§ 8.24.060 Council to Hear Objections to Proposed Removal - Jurisdiction to Destroy.
At the time stated in the notice posted pursuant to Sections 8.24.040 and 8.24.050, the Council shall hear and consider all objections or protests, if any, to the proposed removal of weeds found by resolution to be a nuisance, and may continue the hearing from time to time. Upon the conclusion of the hearing the Council by motion or resolution shall allow or overrule any or all objections, whereupon the Council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal. The decision of the Council on the matter shall be deemed final and conclusive.
(Prior code §20.74)
§ 8.24.070 Ordering Street Superintendent to Abate - Property Owner May Abate Before City Begins Work.
After final action has been taken by the Council under Section 8.24.060 on the disposition of any protests or objections, or in case no protests or objections have been received, the Council, by motion or resolution, shall order the Street Superintendent to abate the nuisance considered pursuant to the preceding section by having the weeds referred to in Section 8.24.010 removed and he or she and his or her assistants or deputies are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to have any such weeds removed at his or her own expense; providing, the same is done prior to the arrival of the Street Superintendent or his or her representatives prepared to do the same.
(Prior code §20.75)
§ 8.24.080 Report of City's Expenses.
The Street Superintendent shall keep an account of the cost of abating the nuisance as provided by the preceding section on each separate lot or parcel of land where the work is done by him or her or his or her deputies, together with the cost of printing and posting notices, and shall render an itemized report in writing to the Council showing the cost of removing such nuisance on each separate lot or parcel of land together with such printing and posting; provided, that before such report is submitted to the Council, a copy of the same shall be posted for at least three days prior thereto on or near the chamber door of the Council, together with a notice of the time when such report shall be submitted to the Council for confirmation.
(Prior code §20.76)
§ 8.24.090 Hearing on and Confirmation of City's Costs - Costs to be Liens - Collecting Costs.
A.
At the time fixed for receiving and considering the report required by Section 8.24.080, the Council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the work of abating the nuisance giving rise to the report and thereupon make such modifications in the report as they deem necessary, after which, by motion or resolution, the report shall be confirmed. The amount of the cost for abating such nuisance upon the various parcels of land mentioned in the report shall constitute special assessments against the respective parcels of land and as thus made and confirmed shall constitute a lien on such property for the amount of such assessments, respectively.
B.
After confirmation of such report, a copy thereof shall be turned over to the Assessor and the Tax Collector of the City, whereupon it shall be the duty of such officers to add the amounts of the respective assessments to the next regular bills for taxes levied against the respective lots and parcels of land involved for municipal purposes and thereafter such amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
(Prior code §20.77)