HomeMy WebLinkAboutOrd 2022-3538ORDINANCE NO. 3538
ORDINANCE OF THE CITY OF CHULA VISTA REPEALING
EXISTING CHAPTER 15.36 OF THE CHULA VISTA
MUNICIPAL CODE AND ADOPTING A NEW CHAPTER 15.36
OF THE CHULA VISTA MUNICIPAL CODE BASED UPON
THE 2022 CALIFORNIA FIRE CODE AND LOCAL
AMENDMENTS THERETO
WHEREAS, Health and Safety Code Section 17958 mandates that the City Council of the
City of Chula Vista adopt ordinances or regulations imposing the same requirements as are
contained in the regulations adopted by the State pursuant to Health and Safety Code Section
17922; and
WHEREAS, the State of California is mandated by Health and Safety Code Section 17922
to impose the same requirements as are contained in the 2022 California Fire Code; and
WHEREAS, the State of California has adopted and published California Code of
Regulations Title 24, Part 9 as the California Fire Code, effective January 1, 2023; and
WHEREAS, on January 1, 2023, all existing fire code adoptions and amendments of local
agencies automatically reverted to the new state code unless new local adoptions and local
amendments are made; and
WHEREAS, the State of California is mandated by Health and Safety Code Section 17922
to impose the same requirements as are contained in the 2022 California Fire Code, and together
with the Chula Vista Fire Department local amendments, these shall be the Fire Code of the City
of Chula Vista; and
WHEREAS, code amendments adopted by the State of California shall take precedence
over the 2022 California Fire Code language; and
WHEREAS, the 2022 California Fire Code language shall be used for those code sections
not adopted by the State; and
WHEREAS, local amendments adopted by the City Council of the City of Chula Vista
shall take precedence over the 2022 California Fire Code; and
WHEREAS, Health and Safety Code Section 17958.5 permits the City Council of the City
of Chula Vista to make local amendments to the Code as are reasonably necessar y because of local
conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that the City Council of the
City of Chula Vista before making any local amendments make express finding that such local
amendments are needed due to climatic, geological, or topographical conditions; and
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WHEREAS, the City Council of the City of Chula Vista, California does herewith find that
the City of Chula Vista has certain climatic, geologic, and topographic features that can have a
deleterious effect on emergency services such as fire protection and emergency medical services; and
WHEREAS, the City Council of the City of Chula Vista finds that the local amendments
to the 2022 California Fire Code are reasonably necessary because of the local climatic, geological,
and topographical conditions; and
WHEREAS, this geologic finding recognizes regional geological conditions and the
likelihood of numerous structure fires following a greater magnitude seismic event. It also
considered the limited ability of local emergency services to provide fire protection due to
extraordinary service demands following such events; and
WHEREAS, this topographic finding recognizes concern for local topographical
conditions along primary travel routes throughout the City of Chula Vista. These conditions
impede egress and the rapid deployment and effectiveness of emergency resources; and
WHEREAS, both climatic and topographic findings recognize respective conditions that
can create an extreme fire danger and certain amendments to the 2022 California Fire Code serve
to mitigate to the extent possible said deleterious effects and modification to the California Fire
Code is necessary for community health and safety; and
WHEREAS, Section 50022.1 through 50022.10, inclusive, of the Government Code and
Section 13869 of the Health and Safety Code, provide authority for the adoption by reference of
codes, or a portion of such codes.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section I. Repeal Chapter 15.36
That existing chapter 15.36 of the Chula Vista Municipal Code is repealed in its entirety.
Section II. New Chapter 15.36
That new chapter 15.36 of the Chula Vista Municipal Code is adopted to read as follows:
Chapter 15.36
FIRE CODE
Sections:
15.36.005 Adoption
15.36.010 California Fire Code Chapter 1 - Scope and Administration - Adopted
and amended
15.36.015 California Fire Code Chapter 2 - Definitions - Adopted and amended
15.36.020 California Fire Code Chapter 3 - General Requirements - Adopted in part and
amended
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15.36.025 California Fire Code Chapter 4 - Emergency Planning and Preparedness -
Adopted in part
15.36.030 California Fire Code Chapter 5 - Fire Service Features - Adopted and
amended
15.36.035 California Fire Code Chapter 6 - Building Services and Systems - Adopted
15.36.040 California Fire Code Chapter 7 - Fire and Smoke Protection Features -
Adopted
15.36.045 California Fire Code Chapter 8 - Interior Finish, Decorative Materials and
Furnishings - Adopted
15.36.050 California Fire Code Chapter 9 - Fire Protection and Life Safety Systems -
Adopted and amended
15.36.055 California Fire Code Chapter 10 - Means of Egress - Adopted
15.36.060 California Fire Code Chapter 11 - Construction Requirements for Existing
Buildings - Adopted in part
15.36.065 California Fire Code Chapter 12 - Energy Systems - Adopted
15.36.070 California Fire Code Chapter 20 - Aviation Facilities - Adopted
15.36.075 California Fire Code Chapter 21 - Dry Cleaning - Adopted
15.36.080 California Fire Code Chapter 22 - Combustible Dust - Producing
Operations - Adopted
15.36.085 California Fire Code Chapter 23 - Motor Fuel-Dispensing Facilities and
Repair Garages - Adopted
15.36.090 California Fire Code Chapter 24 - Flammable Finishes - Adopted
15.36.095 California Fire Code Chapter 25 - Fruit and Crop Ripening - Adopted
15.36.100 California Fire Code Chapter 26 - Fumigation and Insecticidal Fogging -
Not adopted
15.36.105 California Fire Code Chapter 27 - Semiconductor Fabrication Facilities -
Adopted
15.36.110 California Fire Code Chapter 28 - Lumber Yards and Agro-industrial,
Solid Biomass and Woodworking Facilities - Adopted
15.36.115 California Fire Code Chapter 29 - Manufacture of Organic Coatings -
Adopted
15.36.120 California Fire Code Chapter 30 - Industrial Ovens - Adopted
15.36.125 California Fire Code Chapter 31 - Tents, Temporary Special Event Structures and
Other Membrane Structures - Adopted
15.36.130 California Fire Code Chapter 32 - High-Piled Combustible Storage -
Adopted
15.36.135 California Fire Code Chapter 33 - Fire Safety During Construction and
Demolition - Adopted
15.36.140 California Fire Code Chapter 34 - Tire Rebuilding and Tire Storage -
Adopted
15.36.145 California Fire Code Chapter 35 - Welding and Other Hot Work -
Adopted
15.36.150 California Fire Code Chapter 36 - Marinas - Adopted
15.36.155 California Fire Code Chapter 37 - Combustible Fibers - Adopted
15.36.160 California Fire Code Chapter 39 - Processing and Extraction Facilities - Adopted
15.36.165 California Fire Code Chapter 40 - Storage of Distilled Spirits and Wine - Adopted
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15.36.170 California Fire Code Chapter 48 - Motion Picture and Television Production
Studio Sound Stages, Approved Production Facilities and Production Locations -
Adopted
15.36.175 California Fire Code Chapter 49 - Requirements for Wildland-Urban Interface
Fire Areas – Adopted and amended
15.36.180 California Fire Code Chapter 50 - Hazardous Materials - General
Provisions - Adopted
15.36.185 California Fire Code Chapter 51 - Aerosols - Adopted
15.36.190 California Fire Code Chapter 53 - Compressed Gases - Adopted
15.36.195 California Fire Code Chapter 54 - Corrosive Materials - Adopted
15.36.200 California Fire Code Chapter 55 - Cryogenic Fluids - Adopted
15.36.205 California Fire Code Chapter 56 - Explosives and Fireworks - Adopted
and amended
15.36.210 California Fire Code Chapter 57 - Flammable and Combustible Liquids -
Adopted
15.36.215 California Fire Code Chapter 58 - Flammable Gases and Flammable
Cryogenic Fluids - Adopted
15.36.220 California Fire Code Chapter 59 - Flammable Solids - Adopted
15.36.225 California Fire Code Chapter 60 - Highly Toxic and Toxic Materials -
Adopted
15.36.230 California Fire Code Chapter 61 - Liquefied Petroleum Gases - Adopted
15.36.235 California Fire Code Chapter 62 - Organic Peroxides - Adopted
15.36.240 California Fire Code Chapter 63 - Oxidizers, Oxidizing Gases and
Oxidizing Cryogenic Fluids - Adopted
15.36.245 California Fire Code Chapter 64 - Pyrophoric Materials - Adopted
15.36.250 California Fire Code Chapter 65 - Pyroxylin (Cellulose Nitrate) Plastics -
Adopted
15.36.255 California Fire Code Chapter 66 - Unstable (Reactive) Materials -
Adopted
15.36.260 California Fire Code Chapter 67 - Water-Reactive Solids and Liquids -
Adopted
15.36.265 California Fire Code Chapter 80 - Referenced Standards - Adopted
15.36.270 California Fire Code Appendices - Adopted in part and amended
15.36.005 Adoption.
The City of Chula Vista hereby adopts by reference the 2022 Edition of the California Fire Code,
including Appendix Chapters B, BB, C, CC, H, and O, and the California Standards, with the
amendments contained in the following sections of Chapter 15.36. As adopted and amended
herein, the 2022 California Fire Code (hereinafter “California Fire Code”) becomes the Fire Code
of the City of Chula Vista. The City of Chula Vista further amends the provisions of the California
Fire Code to include the requirements of the California Fire Code for those occupancies not subject
to the 2022 California Fire Code.
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15.36.010 California Fire Code Chapter 1—Scope and Administration—Adopted and
amended.
California Fire Code, Chapter 1, Scope and Administration, is adopted in its entirety with the
following amendments:
A. Chapter 1, Section 105.5, Required operational permits, is amended to read as follows:
105.5 Required operational permits. The fire code official is authorized to issue operational
permits for the operations set forth in all of Section 105.5: Sections 105.5.1 through
Sections 105.5.57.
B. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.55
General use permit, to read as follows:
105.5.55 General use permit. An operational permit is required for the issuance of a general
use permit and its respective inspection. A general use permit is required for any activity
or operation not specifically described therein, to include high occupant loads and or when
in the judgment of the Fire Code Official is likely to produce conditions hazardous to life
or property. Mercantile occupancies 10,000sqf or greater, with no other permits, are
required to have a general-use operational permit.
C. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.56
State-mandated, to read as follows:
105.5.56 State-mandated. An operational permit is required for California state-mandated
inspected occupancies.
D. Chapter 1, Section 105.5, Required operational permits, is amended to add Section 105.5.57
General use certificate, to read as follows:
105.5.57 General use certificate. A temporary operational permit is required for the
issuance of a general use certificate and its respective inspections. A general use certificate
is required for each new business within the City that is applying for a business license or
for an existing business that is changing operations or expanding business operations into
new suites and is revising their respective business license (with a physical commercial
address within city limits).
E. Chapter 1, Section 106.1, Submittals and requirements, is amended to read as follows:
106.1 Submittals and requirements. Construction documents and supporting data shall be
submitted in three or more sets, or in an approved electronic format, with each application
for a permit and in such form and detail as required by the fire code official. The construction
documents shall be prepared by a registered design professional where required by the
statutes of the jurisdiction in which the project is to be constructed.
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Construction documents, plans, submittals, and other documents associated with building
or remodeling a structure, including fire and life safety systems and fire service features,
shall be in accordance with adopted codes, Sections 106.1 through 106.4, and the Fire
Department’s Fire Safety Engineering Standard Details and Requirements.
Exception. The fire code official is authorized to waive the submission of
construction documents and supporting data not required to be prepared by a
registered design professional if it is found that the nature of the work applied for
is such that a review of construction documents is not necessary to obtain
compliance with this code.
F. Chapter 1, Section 108.2, Inspections, is amended to add Section 108.2.3 Re-inspection, to
read as follows:
108.2.3 Re-inspection. Following an inspection, whether initial, annual, or other, during
which it is determined that a violation exists, fire code re-inspections may be conducted at
the discretion of the Fire Department until such violations have been corrected.
G. Chapter 1, Section 112.4, Violation penalties, is amended to read as follows:
112.4 Violation penalties. Persons who shall violate a provision of this code,
including non-compliance with stop work and or, do not occupy orders, 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, punishable by a fine of not more than the
greater of $1,000 dollars or as established by the City of Chula Vista Policy and
Procedures Manual for Civil Penalties or by imprisonment not exceeding six (6)
months, or both such fine and imprisonment. Each day that a violation continues after
due notice has been served shall be deemed a separate offense.
H. Chapter 1, Section 113.4, Failure to comply, is amended to read as follows:
113.4 Failure to comply. Any person, who continues any work after having been served
with a stop work order, except for such work as that person is directed to perform to remove
a violation or unsafe condition, shall be subject to a fine of not less than $250 dollars or
more than $1,000 dollars.
15.36.015 California Fire Code Chapter 2—Definitions—Adopted and amended.
California Fire Code, Chapter 2, Definitions, is adopted in its entirety with the following
amendments:
Chapter 2, Section 202, is amended to add the following definitions:
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FIRE AUTHORITY HAVING JURISDICTION (FAHJ). Designated entity providing
enforcement of fire regulations as they relate to planning, construction and development,
and maintenance.
FIRE DEPARTMENT. Any regularly organized fire department, fire pro tection district,
legally formed volunteer fire department recorded with the County of San Diego, or Fire
Company regularly charged with the responsibility of providing fire protection to the
jurisdiction.
FIRE HAZARD. Anything that increases or could cause an increase of the hazard or
menace of fire to a greater degree than customarily recognized as normal by persons in the
public service regularly engaged in preventing, suppressing, or extinguishing fire or
anything or act which could obstruct, delay, hinder or interfere with the operations of the
fire department or egress of occupants in the event of a fire.
FIRE SERVICE FEATURES. Is a general term inclusive of all other terms such as a
driveway, fire lane, public street, private street, parking lot, lane, access roadway, or the
like.
VEGETATION. Weeds, grass, vines, or other organic (cellulose) growth that is capable of
being ignited and endangering property.
15.36.020 California Fire Code Chapter 3—General Requirements—Adopted in part
and amended.
California Fire Code, Chapter 3, General Requirements, is adopted in its entirety except for Section
303, Asphalt Kettles, and includes the following amendment:
Chapter 3, Section 308.1.4, Open-flame cooking devices, is amended to read as follows:
308.1.4 Open-flame cooking devices. Charcoal burners and other open-flame cooking
devices shall not be operated on combustible balconies or within 10 feet (3048 mm) of
combustible construction.
Exceptions:
1. Group R-2 and Group R-3 occupancies.
2. Where buildings, balconies, and decks are protected by an automatic sprinkler
system.
3. LP-gas cooking devices having LP-gas container with a water capacity not
greater than 21/2 pounds [nominal 1 pound (0.454 kg) LP-gas capacity].
15.36.025 California Fire Code Chapter 4—Emergency Planning and Preparedness—
Adopted in part.
California Fire Code, Chapter 4, Emergency Planning and Preparedness, is amended to adopt
only the sections and subsections listed below:
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A. 401—401.9
B. 402
C. 403.1
D. 403.2
E. 403.4—403.4.4
F. 403.10.2.1.1
G. 403.10.6
H. 403.12—403.12.3
I. 404.5—404.6.6
J. 407.
Respective to Cannabis businesses and the licensing thereof, Emergency Action and Fire
Prevention Plans are required and shall comply with the provisions as set forth in Chula Vista
Municipal Code, 5.19.050.B.1.e, and as further outlined under the City’s Cannabis Regulations,
§0502. Cannabis business Emergency Action and Fire Prevention Plans shall show compliance
with California Fire Code, Chapter 4, Emergency Planning and Preparedness, Sections 404
through 407.
15.36.030 California Fire Code Chapter 5—Fire Service Features—Adopted and
amended.
California Fire Code, Chapter 5, Fire Service Features, is adopted in its entirety with the
following amendment:
Chapter 5 is amended to add Section 511 Preplanning response maps and data, and Section 511.1
Requirements, to read as follows:
511 PREPLANNING RESPONSE MAPS AND DATA
511.1 Requirements. Applicants submitting permits for and building any new development
or project, which necessitates updating of emergency response maps by virtue of new
structures and their respective appurtenances, hydrants, roadways, and or similar features,
shall be required to provide electronic files with respective layers, in an approved format,
to the FAHJ.
15.36.035 California Fire Code Chapter 6—Building Services and Systems—Adopted.
California Fire Code, Chapter 6, Building Services and Systems, is adopted in its entirety
without amendments.
15.36.040 California Fire Code Chapter 7—Fire and Smoke Protection Features—
Adopted.
California Fire Code, Chapter 7, Fire and Smoke Protection Features, is adopted in its entirety
without amendments.
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15.36.045 California Fire Code Chapter 8—Interior Finish, Decorative Materials, and
Furnishings—Adopted.
California Fire Code, Chapter 8, Interior Finish, Decorative Materials, and Furnishings, is adopted
in its entirety without amendments.
15.36.050 California Fire Code Chapter 9—Fire Protection and Life Safety Systems—
Adopted and amended.
California Fire Code, Chapter 9, Fire Protection and Life Safety Systems, is adopted in its entirety
with the following amendments:
A. Chapter 9, Section 901.6.3, Records, is amended to add Section 901.6.3.2 Records reporting,
to read as follows:
901.6.3.2 Records reporting. All inspection, testing and maintenance reports shall be
forwarded and made accessible to the Fire Department using the electronic media and
platform of the designated third party as approved by the City. Paper (hard copy) reports
are not permitted.
B. Chapter 9, Section 903.2.8.1, Group R-3, is amended to add Section 903.2.8.1.1 NFPA 13-
D meter size, to read as follows:
903.2.8.1.1 NFPA 13-D meter size. The minimum water meter size serving NFPA 13-D
(dwelling) fire sprinkler systems shall be no less than one (1) inch in diameter.
Exceptions:
1. Minimum meter size can be dependent upon hydraulic analysis, including safety
factors, for second dwelling units and accessory structures to group R3
occupancies.
C. Chapter 9, Section 905.4, Location of Class I standpipe hose connections, is amended to read
as follows:
905.4 Location of Class I standpipe hose connections. Class I standpipe hose connections
shall be provided in all of the following locations:
1. In every required interior exit stairway, a hose connection shall be provided for each
story above and below grade plane. Hose connections shall be located at intermediate floor
level landings between floors or as approved by the fire code official. See Section
909.20.2.3 of the California Building Code for additional provisions in smokeproof
enclosures.
Exception to Item 1 of 905.4 shall remain in full force and effect along with Exceptions 2
through 6.
15.36.055 California Fire Code Chapter 10—Means of Egress—Adopted.
California Fire Code, Chapter 10, Means of Egress, is adopted in its entirety without
amendments.
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15.36.060 California Fire Code Chapter 11—Construction Requirements for Existing
Buildings—Adopted in part.
California Fire Code, Chapter 11, Construction Requirements for Existing Buildings, is amended
to adopt only the sections and subsections listed below:
A. 1103.3.3
B. 1103.7
C. 1103.7.3
D. 1103.7.3.1
E. 1103.7.8—1103.7.8.2
F. 1103.7.9—1103.7.9.10
G. 1103.8—1103.8.5.3
H. 1103.9.1
I. 1107
J. 1113
K. 1114
L. 1115
M. 1116
15.36.065 California Fire Code Chapter 12—Energy Systems—Adopted.
California Fire Code, Chapter 12, Energy Systems, is adopted in its entirety without
amendments.
15.36.070 California Fire Code Chapter 20—Aviation Facilities—Adopted.
California Fire Code, Chapter 20, Aviation Facilities, is adopted in its entirety without
amendments.
15.36.075 California Fire Code Chapter 21—Dry Cleaning—Adopted.
California Fire Code, Chapter 21, Dry Cleaning, is adopted in its entirety without amendments.
15.36.080 California Fire Code Chapter 22—Combustible Dust-Producing
Operations—Adopted.
California Fire Code, Chapter 22, Combustible Dust-Producing Operations, is adopted in its
entirety without amendments.
15.36.085 California Fire Code Chapter 23—Motor Fuel-Dispensing Facilities and
Repair Garages—Adopted.
California Fire Code, Chapter 23, Motor Fuel-Dispensing Facilities and Repair Garages, is
adopted in its entirety without amendments.
15.36.090 California Fire Code Chapter 24—Flammable Finishes—Adopted.
California Fire Code, Chapter 24, Flammable Finishes, is adopted in its entirety without
amendments.
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15.36.095 California Fire Code Chapter 25—Fruit and Crop Ripening—Adopted.
California Fire Code, Chapter 25, Fruit and Crop Ripening, is adopted in its entirety without
amendments.
15.36.100 California Fire Code Chapter 26—Fumigation and Insecticidal Fogging—
Not adopted.
California Fire Code, Chapter 26, Fumigation and Insecticidal Fogging, is not adopted.
15.36.105 California Fire Code Chapter 27—Semiconductor Fabrication Facilities—
Adopted.
California Fire Code, Chapter 27, Semiconductor Fabrication Facilities, is adopted in its entirety
without amendments.
15.36.110 California Fire Code Chapter 28—Lumber Yards and Agro-industrial, Solid
Biomass and Woodworking Facilities—Adopted.
California Fire Code, Chapter 28, Lumber Yards and Agro-industrial, Solid Biomass and
Woodworking Facilities, is adopted in its entirety without amendments.
15.36.115 California Fire Code Chapter 29—Manufacture of Organic Coatings—
Adopted.
California Fire Code, Chapter 29, Manufacture of Organic Coatings, is adopted in its entirety
without amendments.
15.36.120 California Fire Code Chapter 30—Industrial Ovens—Adopted.
California Fire Code, Chapter 30, Industrial Ovens, is adopted in its entirety without
amendments.
15.36.125 California Fire Code Chapter 31—Tents, Temporary Special Event
Structures and Other Membrane Structures—Adopted.
California Fire Code, Chapter 31, Tents, Temporary Special Event Structures and Other
Membrane Structures, is adopted in its entirety without amendments.
15.36.130 California Fire Code Chapter 32—High-Piled Combustible Storage—
Adopted.
California Fire Code, Chapter 32, High-Piled Combustible Storage, is adopted in its entirety
without amendments.
15.36.135 California Fire Code Chapter 33—Fire Safety During Construction and
Demolition—Adopted.
California Fire Code, Chapter 33, Fire Safety During Construction and Demolition, is adopted in
its entirety without amendments.
15.36.140 California Fire Code Chapter 34—Tire Rebuilding and Tire Storage—
Adopted.
California Fire Code, Chapter 34, Tire Rebuilding and Tire Storage, is adopted in its entirety
without amendments.
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15.36.145 California Fire Code Chapter 35—Welding and Other Hot Work—Adopted.
California Fire Code, Chapter 35, Welding and Other Hot Work, is adopted in its entirety
without amendments.
15.36.150 California Fire Code, Chapter 36—Marinas—Adopted.
California Fire Code, Chapter 36, Marinas, is adopted in its entirety without amendments.
15.36.155 California Fire Code, Chapter 37—Combustible Fibers—Adopted.
California Fire Code, Chapter 37, Combustible Fibers, is adopted in its entirety without
amendments.
15.36.160 California Fire Code, Chapter 39—Processing and Extraction Facilities—
Adopted.
California Fire Code, Chapter 39, Processing and Extraction Facilities, is adopted in its entirety
without amendments.
15.36.165 California Fire Code Chapter 40—Storage of Distilled Spirits and Wine—
Adopted.
California Fire Code, Chapter 40, Storage of Distilled Spirits and Wine, is adopted in its entirety
without amendments.
15.36.170 California Fire Code Chapter 48—Motion Picture and Television Production
Studio Sound Stages, Approved Production Facilities and Production Locations—Adopted.
California Fire Code, Chapter 48, Motion Picture and Television Production Studio Sound
Stages, Approved Production Facilities and Production Locations, is adopted in its entirety
without amendments.
15.36.175 California Fire Code Chapter 49—Requirements for Wildland-Urban
Interface Fire Areas—Adopted and amended.
California Fire Code, Chapter 49, Requirements for Wildland-Urban Interface Fire Areas, is
adopted in its entirety with the following amendments:
A. Chapter 49, Section 4907.2, Application, is amended to read as follows:
4907.2 Application. Buildings and structures located in the following areas shall maintain
the required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection
as a State Responsibility Area (SRA).
2. Land designated as a Very High Fire Hazard Severity Zone by the Director.
3. Land designated in ordinance by local agencies as a Very High Fire Hazard Severity
Zone pursuant to Government Code Section 51179.
4. Designated areas by the Fire Code Official.
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B. Chapter 49, Section 4907.3, Requirements, is amended to add Section 4907.3.1
Designated areas, to read as follows:
4907.3.1 Designated areas. All non-maintained combustible vegetation, and or other such
accumulations of non-maintained combustible vegetation materials in open space areas, as
determined by the Fire Code Official, shall be maintained in an approved manner within one
hundred (100) feet of any building or structure designed or intended for occupancy by
humans or animals.
15.36.180 California Fire Code Chapter 50—Hazardous Materials—General
Provisions—Adopted.
California Fire Code, Chapter 50, Hazardous Materials—General Provisions, is adopted in its
entirety without amendments.
15.36.185 California Fire Code Chapter 51—Aerosols—Adopted.
California Fire Code, Chapter 51, Aerosols, is adopted in its entirety without amendments.
15.36.190 California Fire Code Chapter 53—Compressed Gases—Adopted.
California Fire Code, Chapter 53, Compressed Gases, is adopted in its entirety without
amendments.
15.36.195 California Fire Code Chapter 54—Corrosive Materials—Adopted.
California Fire Code, Chapter 54, Corrosive Materials, is adopted in its entirety without
amendments.
15.36.200 California Fire Code Chapter 55—Cryogenic Fluids—Adopted.
California Fire Code, Chapter 55, Cryogenic Fluids, is adopted in its entirety without
amendments.
15.36.205 California Fire Code Chapter 56—Explosives and Fireworks—Adopted and
amended.
California Fire Code, Chapter 56, Explosives and Fireworks, is adopted in its entirety with the
following amendments:
A. Chapter 56, Section 5601.1.3, Fireworks, is amended to add Section 5601.1.3.1 Retail
fireworks, to read as follows:
5601.1.3.1 Retail fireworks. The storage, use, sale, possession, and handling of fireworks
1.4G (commonly referred to as Safe & Sane) and fireworks 1.3G are prohibited unless they
are being used as part of a public display when permitted and conducted by a licensed
pyrotechnic operator.
B. Chapter 56, Section 5601.1.3, Fireworks, is amended to add Section 5601.1.3.2 Seizure of
fireworks, to read as follows:
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5601.1.3.2 Seizure of fireworks. The fire code official shall have the authority to seize,
take, or remove all fireworks possessed, stored, sold, offered for sale, used or handled in
violation of the provisions of this Ordinance and Title 19 California Code of Regulations.
15.36.210 California Fire Code Chapter 57—Flammable and Combustible Liquids—
Adopted.
California Fire Code, Chapter 57, Flammable and Combustible Liquids, is adopted in its entirety
without amendments.
15.36.215 California Fire Code Chapter 58—Flammable Gases and Flammable
Cryogenic Fluids—Adopted.
California Fire Code, Chapter 58, Flammable Gases and Flammable Cryogenic Fluids, is
adopted in its entirety without amendments.
15.36.220 California Fire Code Chapter 59—Flammable Solids—Adopted.
California Fire Code, Chapter 59, Flammable Solids, is adopted in its entirety without
amendments.
15.36.225 California Fire Code Chapter 60—Highly Toxic and Toxic Materials—
Adopted.
California Fire Code, Chapter 60, Highly Toxic and Toxic Materials, is adopted in its entirety
without amendments.
15.36.230 California Fire Code Chapter 61—Liquefied Petroleum Gases—Adopted.
California Fire Code, Chapter 61, Liquefied Petroleum Gases, is adopted in its entirety without
amendments.
15.36.235 California Fire Code Chapter 62—Organic Peroxides—Adopted.
California Fire Code, Chapter 62, Organic Peroxides, is adopted in its entirety without
amendments.
15.36.240 California Fire Code Chapter 63—Oxidizers, Oxidizing Gases and Oxidizing
Cryogenic Fluids—Adopted.
California Fire Code, Chapter 63, Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids, is
adopted in its entirety without amendments.
15.36.245 California Fire Code Chapter 64—Pyrophoric Materials—Adopted.
California Fire Code, Chapter 64, Pyrophoric Materials, is adopted in its entirety without
amendments.
15.36.250 California Fire Code Chapter 65—Pyroxylin (Cellulose Nitrate) Plastics—
Adopted.
California Fire Code, Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted in its entirety
without amendments.
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15.36.255 California Fire Code Chapter 66—Unstable (Reactive) Materials—Adopted.
California Fire Code, Chapter 66, Unstable (Reactive) Materials, is adopted in its entirety
without amendments.
15.36.260 California Fire Code Chapter 67—Water-Reactive Solids and Liquids—
Adopted.
California Fire Code, Chapter 67, Water-Reactive Solids and Liquids, is adopted in its entirety
without amendments.
15.36.265 California Fire Code Chapter 80—Referenced Standards—Adopted.
California Fire Code, Chapter 80, Referenced Standards, is adopted in its entirety without
amendments.
15.36.270 California Fire Code Appendices—Adopted and amended.
The Appendices to the California Fire Code are adopted as follows:
A. Appendix B, Fire-Flow Requirements for Buildings, is adopted in its entirety with the
following amendments:
Appendix, Table B105.1(1), Required fire flow for one- and two-family dwellings, group R-3 and
R-4 buildings and townhouses, is amended to read as follows:
TABLE B105.1(1).
TABLE B105.1(1) REQUIRED FIRE FLOW FOR ONE- AND TWO-FAMILY
DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSESb
Fire-Flow
Calculation Area
(sqf)
Automatic
Sprinkler Systems
(design-standard)
Minimum Fire-
Flow
(gallons per
minute)a
Flow Duration
(hours)
0-3,600 No automatic
sprinkler system
Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the
required fire-flow
rate
3,601 and greater No automatic
sprinkler system
Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the
required fire-flow
rate
0-3,600 Section 903.3.1.3
of the California
Fire Code or
Section 313.3 of
the California
Residential Code
Value in Table
B105.1(2)
Duration in Table
B105.1(2) at the
required fire-flow
rate
3,601 and greater Section 903.3.1.3
of the California
Duration in Table
B105.1(2) at the
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Fire Code or
Section 313.3 of
the California
Residential Code
Value in Table
B105.1(2)
required fire-flow
rate
For SI: 1 square foot = 0.0929 m2. 1 gallon per minute = 3.785 L/m.
a. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm.
b. When the existing water main cannot supply the minimum required fire flow rate, the
FHAJ may require a fire sprinkler system to be installed, if not required by other portions
of adopted codes, or a fire sprinkler system hazard classification upgrade in lieu of water
main upsizing.
Table B105.2, Required fire flow for buildings other than one- and two-family dwellings, group
R-3 and R-4 buildings and townhouses, is amended to read as follows:
TABLE B105.2.
TABLE B105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE-
AND TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND
TOWNHOUSESc
Automatic Sprinkler
Systems (design-standard)
Minimum Fire-Flow
(gallons per minute)b
Flow Duration
(hours)
No automatic sprinkler
system
Value in Table B105.1(2) Duration in Table
B105.1(2)
Section 903.3.1.1 of the
California Fire Code
75% of the value in Table
B105.1(2)a
Duration in Table
B105.1(2) at the original
flow rate
Section 903.3.1.2 of the
California Fire Code
75% of the value in Table
B105.1(2)a
Duration in Table
B105.1(2) at the original
flow rate
For SI: 1 gallon per minute = 3.785 L/m
a. The reduced fire-flow rate shall not be less than 1,500 gallons per minute.
b. The fire flow rates as listed in Table B105.1(2) are capped at 5,000gpm.
c. When the existing water main cannot supply the minimum required fire flow rate, the
FHAJ may require a fire sprinkler system to be installed, if not required by other portions
of adopted codes, or a fire sprinkler system hazard classification upgrade in lieu of water
main upsizing.
B. Appendix BB, Fire-Flow Requirements for Buildings, is adopted in its entirety with the
following amendment:
Appendix BB, Section BB105, Fire-Flow Requirements for Buildings, is amended to read as
follows:
BB105.1 The minimum fire flow and flow duration for school buildings shall be as
specified in Table BB105.1.
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Exception. A reduction in required fire flow of up to 25 percent is allowed when the
building is provided with an approved automatic sprinkler system. When a
reduction in fire flow is used, fire flow shall not be less than 1500 GPM.
C. Appendix C, Fire Hydrant Locations and Distribution, is adopted in its entirety with the
following amendment:
Appendix C, Table C102.1, Required number and spacing of fire hydrants - Footnotes, is amended
to read as follows:
TABLE C102.1
REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS
a. The fire code official is authorized to modify the locations, number and distribution of
fire hydrants based upon site-specific conditions, constraints, and hazards.
Footnotes b through h are deleted.
D. Appendix CC, Fire Hydrant Locations and Distribution, is adopted in its entirety with the
following amendment:
Appendix CC, Table CC105.1, Number and distribution of fire hydrants - Footnotes, is amended
to read as follows:
TABLE CC105.1
NUMBER AND DISTRIBUTION OF FIRE HYDRANTS
Footnotes a through e are deleted.
E. Appendix H, Hazardous Materials Management Plans and Hazardous Materials Inventory
Statements is adopted in its entirety.
F. Appendix O, Temporary Haunted Houses, Ghost Walks, and Similar Amusement Uses, is
adopted in its entirety.
G. Appendices not listed herein are not adopted as part of this Ordinance.
Section III. Findings and Declarations
The City Council of the City of Chula Vista specifically and expressly finds and declares that
each of the additions and amendments listed in Chula Vista Municipal Code, 15.36, Fire Code, are
necessary due to local climatic, geological, or topographical conditions. Local climatic, geologic,
and topographic findings for each of the Fire Code additions and amendments are as follows:
A. Local climatic conditions. Climate is one of the greatest impacts to fire behavior and other
major emergency events because it cannot be controlled. The local seasonal climatic conditions
during the summer months and fall create severe fire hazards to the public health and welfare in
the city. The hot, dry weather in combination with Santa Ana winds frequently results in vegetation
fires. Additionally, several consecutive years of local and state-wide drought conditions have and
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continue to occur, which reduces vegetation fuel moisture. With little moisture in the fuel, fires
can more easily start, and wind and other driving forces may cause rapid and intense fire spread.
These local conditions combined with the geological and topographical characteristics within the
city create hazardous conditions for which departure from the California Building Standard Code
is required.
B. Local geological conditions. The city is subject to earthquake hazards caused by its location
on the La Nacion fault zone and Chula Vista fault, and its proximity to the Rose Canyon fault.
Seismic action could disrupt communications, damage gas mains, cause extensive electrical
hazards, increase the likelihood of numerous structure fires , and place extreme demands on both
private fire protection systems and equ ipment. The extreme demands also extend to the Fire
Department and its ability to meet and provide the fire protection and life safety needs of the
community. Being that the city is within a seismic area that includes earthquake faults, the
modifications and changes cited herein are designed to limit property damage as a result of
seismic activity.
C. Local topographical conditions. The city has several topographical features, including
bordering by a bay, a lake, Otay River Valley, and Sweetwater river, parkways, narrow streets,
open space, varying elevations, bridges, overpasses, freeways, and railroad tracks including light
rail. These conditions can impede the rapid deployment and effectiveness of emergency resources;
further, these conditions and increasing populations can slow evacuation. Additionally, the varying
elevations across the city increase wind effects and can have significant negative impacts during
vegetation and other fires. The modifications and additions to the California Building Standards
Code are reasonably necessary to mitigate to the extent possible the respective deleterious effects
and for community health and safety.
California Health and Safety Code section 17958.7 requires that the modifications
orchanges be expressly marked and identified as to which each finding refers. The following table
provides the City of Chula Vista Municipal Code Sections and the associated conditions for
modification due to local climatic, geological, and /or topographical reasons.
Findings Related to Local Amendments
Section Number Local Climatic / Geological / Topographical Conditions
15.36.005 Section III: A, B, C
15.36.010 Section III: A, B, C
15.36.015 Section III: A, B, C
15.36.020 Section III: A, B, C
15.36.025 Section III: A, B, C
15.36.030 Section III: A, B, C
15.36.035 Section III: A, B, C
15.36.040 Section III: A, B, C
15.36.045 Section III: A, B, C
15.36.050 Section III: A, B, C
15.36.055 Section III: A, B, C
15.36.060 Section III: A, B, C
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15.36.065 Section III: A, B, C
15.36.070 Section III: A, B, C
15.36.075 Section III: A, B, C
15.36.080 Section III: A, B, C
15.36.085 Section III: A, B, C
15.36.090 Section III: A, B, C
15.36.095 Section III: A, B, C
15.36.100 Section III: A, B, C
15.36.105 Section III: A, B, C
15.36.110 Section III: A, B, C
15.36.115 Section III: A, B, C
15.36.120 Section III: A, B, C
15.36.125 Section III: A, B, C
15.36.130 Section III: A, B, C
15.36.135 Section III: A, B, C
15.36.140 Section III: A, B, C
15.36.145 Section III: A, B, C
15.36.150 Section III: A, B, C
15.36.155 Section III: A, B, C
15.36.160 Section III: A, B, C
15.36.165 Section III: A, B, C
15.36.170 Section III: A, B, C
15.36.175 Section III: A, B, C
15.36.180 Section III: A, B, C
15.36.185 Section III: A, B, C
15.36.190 Section III: A, B, C
15.36.195 Section III: A, B, C
15.36.200 Section III: A, B, C
15.36.205 Section III: A, B, C
15.36.210 Section III: A, B, C
15.36.215 Section III: A, B, C
15.36.220 Section III: A, B, C
15.36.225 Section III: A, B, C
15.36.230 Section III: A, B, C
15.36.235 Section III: A, B, C
15.36.340 Section III: A, B, C
15.36.245 Section III: A, B, C
15.36.250 Section III: A, B, C
15.36.255 Section III: A, B, C
15.36.260 Section III: A, B, C
15.36.265 Section III: A, B, C
15.36.270 Section III: A, B, C
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Section IV. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for any
reason held to be invalid, unenforceable, or unconstitutional, by a court of competent jurisdiction,
that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality
shall not affect the validity or enforceability of the remaining portions of the Ordinance or its
application to any other person or circumstance. The City Council of the City of Chula Vista
hereby declares that it would have adopted each section, sentence, clause, or phrase of this
Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or
phrases of the Ordinance be declared invalid, unenforceable, or unconstitutional.
Section V. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law, and this Ordinance shall be construed in
light of that intent.
Section VI. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage
but not before January 1, 2023.
Section VII. Publication
The City Clerk shall certify the passage and adoption of this Ordinance and shall cause the
same to be published or posted according to law.
[SIGNATURES ON THE FOLLOWING PAGE]
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Presented by Approved as to form by
Harry Muns Glen R. Googins
Fire Chief City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 6th day of December 2022, by the following vote:
AYES: Councilmembers: Cardenas, Galvez, McCann, and Casillas Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Casillas Salas, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No. 3538 had its first reading at a regular meeting held on the 8th day of November
2022, and its second reading and adoption at a regular meeting of said City Council held on the
6th day of December 2022; and was duly published in summary form in accordance with the
requirements of state law and the City Charter.
Dated Kerry K. Bigelow, MMC, City Clerk
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For
2/14/2023