BURN SEASON OPEN PERMIT REQUIRED
20875 4th Street, Cottonwood, California 96022, United States
Phone (530) 347-4737
BUILDING & FIRE CODES
Additional CODE Information
NFPA 13 CODES https://link.nfpa.org/free-access/publications/13/2022
NFPA 70 & NEC https://www.nfpa.org/codes-and-standards/all-codes-and-standards/list-of-codes-and-standards/detail?code=70
15.14.230 Section 505.1—Address identification.
Section 505.1 is amended to read as follows:
New buildings and tenant spaces shall have approved illuminated address numbers or building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall be in contrasting color with their background. Address numbers shall be Arabic numerals or alphabetical letters. Numbers shall not be spelled out. Character size and stroke shall be in accordance with Section 505.1.1 through 505.1.2. Where required by the Fire Code Official, address identification shall be provided in additional approved locations to facilitate emergency response in accordance with this code and Section 505.1.3. Where access is by means of a private road and the building cannot be viewed from the public way or when determined by the Fire Code Official, a monument, pole, or other approved illuminated sign or other approved means shall be used to identify the structure. Address identification shall be maintained. For existing properties, any additions, alterations or other work requiring a permit with a valuation over $20,000, approved numbers or addresses shall be installed.
(Ord. 732-2019 § 4 (part), 2019)
15.14.240 Section 505.1.1—Numbers for one- and two-family dwellings.
Section 505.1.1 is added to read as follows:
Numbers for one- and two-family dwellings shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inches. Numbers shall not be spelled out. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure.
(Ord. 732-2019 § 4 (part), 2019)
15.14.250 Section 505.1.2—Numbers for other than one- and two-family dwellings.
Section 505.1.2 is added to read as follows:
Numbers for other than one- and two-family dwellings shall be a minimum of 12 inches high with a minimum stroke width of 1 inch. Numbers shall not be spelled out. Suite numbers for other than one and two-family dwellings shall be a minimum of 6 inches high with a minimum stroke width of 0.75 inches.
Exception: These requirements may be modified with the approval of the Fire Code Official.
(Ord. 732-2019 § 4 (part), 2019)
15.14.260 Section 505.1.3—Complex directory.
Section 505.1.3 is added to read as follows:
Where two or more buildings cannot be viewed from the public way or when determined by the Fire Code Official, an approved illuminated complex directory, monument, pole, or other approved sign or means shall be used to identify the structures at the main entrances to the property.
(Ord. 732-2019 § 4 (part), 2019)
R314.1 Smoke detection and notification.
All smoke alarms shall be listed in accordance with UL 217 and installed in accordance with the provisions of this code and the household fire waming Equipment provisions of NFPA 72. Systems and components shall be Califomia State Fire Marshall listed and approved in ac- cordance with Califomia Code of Regulations, Title 19, Division I for the purpose for which they are installed.
R314.2 Smoke detection systems.
Household fire alarm systems installed in accordance with NFPA 72 that include smoke alarms, or a combination of smoke detector and audible notification devise installed as required by this section for smoke alarms, shall be permitted. The household fire alarm system shall provide the same level of smoke detection and alarm as required by this section
for smoke alarms. Where a household fire warning system is installed using a combination of smoke detector and audible notification device(s); it shall became a permanent fixture
of the occupancy and owned by the homeowner. The system shall be monitored by an approved supervising station and be maintained in ac- cordance with NFPA 72.
Exception: Where smoke alarms are provided meeting the requirements of Section R314.4
R314.3 Location.
Smoke alarms shall be installed in the following locations: I. In each sieeping room.
2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, including basements and habitable attics, but not including crawl spaces and uninhabitable at-
tics. In dwelliligs or dwclling units with split levels and without an intervening door. between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. When more than one smoke alann is required to be installed within an individual dwelling unit the alarm devices shall be interconnected in such a manner that the actuation of one alann will activate all of the alarms in the individual unit.
R314.3.1 Alterations, repairs, and additions.
When alterations, repairs or additions requiring a permit occur, or when one or more sleeping rooms are added or created in existing dwell- ings, the individual dwelling unit shall be equipped with smoke alarms located as required for new dwellings .Exceptions: See Section R314.6
R314.4 Power source.
Smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alamls shall emit a signal when the
batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exceptions:
- Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place.
- Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source.
- Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not
result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes.
R314.5 Interconnection.
Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarm shall be intercon- nected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarms shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exceptions:
1. Interconnection is not required in buildings that are not undergoing allerations, repairs or construction of any kind.
2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal ofR314.3 Location.
Smoke alarms shall be installed in the following locations:
- 1. In each sleeping room.
- 2. Outside each separate sleeping area in the immediate vicinity of the bedrooms.
- 3. On each additional story of the dwelling, including basements and habitable attics and not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
- 4. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a smoke alarm required by this section.
R315.1 Carbon Monoxide Alarms.
For new construction, an approved carbon monoxide alaml shall be installed in dwelling units and sleeping units within which fuel-buming ap- pliances are installed and in dwelling units that have attached garages.
R315.1.1 Power supply. For new construction required carbon monoxide alanns shall receive their primary power from the building wiring where such wiring is served from a commercial source and shall be equipped with a battery back-up. Alaml wiring shall be directly connected to the permanent building wiring without a disconnecting switch other than as required for overcurrent protection.
Exceptions:
1. In dwelling units where there is no commercial power snpply the carbon monoxide alarm may be solely battery operated.
2; In existing dwelling. units a carbon. monoxide alarm is permitted to be solely battery operated where repairs or allerations do liot resuit
in the removal of wall and ceilirig finishes or there is no access by means or attic, basement or crawl space.
R315.1.2 Interconnection. Where more than one carbon monoxide alarm is required to be installed within the dwellirig unit’or within a sleeping unit the alanil shall be interconnected in a manner that activation of one alarm shall activate all of the alarms in the. individual unit.
Exception:
1. Interconnection is not required in existing dwelling units where repairs do not result in the removal of wall and ceiling finishes, there is no access by means orattic, basement or crawl space, and no previous method for interconnection existed.
R315.2 Where required in existing dwellings. Where a permit is required for allerations, repairs or additions exceeding one· thousand dollars ($1,000), existing dwellings or sleeping units that have attached garages or fuel-buming appliances shall be provided with a carbon monoxide alarm in accordance with Section R315.1. Carbon monoxide alanns shall only be required in the specific dwelling unit or sleeping unit for which the permit was obtained.
R315.3 Alarm requirements.
Single- and multiple-station carbon monoxide alarms shall be listed as complying with the requirements of UL 2034. Carbon monoxide detec- tors shall be listed as complying with requirements of UL 2075. Carbon monoxide alarms and carbon monoxide detectors shall be installed
in accordance with this code, the current edition of NFPA 720 standard for the Installation of Carbon Monoxide (CO) Detection and Warning Equipment and the manufacturer’s installation instructions. Other carbpm monoxide alarm and detection devices as recognized in NFPA 720 are also acceptable.
Carbon monoxide alarms required by Section R315.1 alld R315.2 shall be installed in the followillg locations: 1. Outside of each separate dwelling unit sleeping area· in the immediate vicinity of the bedroom(s).
2, At every level of a dwelling unit including basements.
R315.3,1. Multiple-purpose alarms.
Carbon monoxide alarms combined with smoke alarms shall comply with Section R315 and applicable standards, and requirements for listing and approval by the Office of the State Fire Marshall for smoke alarms.
603.5 Heating Appliances
Heating appliances shall be listed and shall comply with Sections 603.5.1 and 603.5.2.[California Code of Regulations, Title 19, Division 1, §3.17(a) and (b)] Guards for Heating Appliances.Every heating appliance in any occupancy governed by California Code of Regulations, Title 19, Division 1 regulations which does not have protective features incorporated in its design, shall be provided with guards that will provide protection against ignition of clothing and other combustible material.
- Appliances employing open flame radiated heat shall have fixed and substantially constructed metallic guards located not less than 10 inches from the radiating flame and the guard members shall be spaced not more than 2 inches apart.
- Cabinet type appliances that are not provided with an inner combustion chamber and an air circulating space between the combustion chamber and the outer shell, shall have fixed and substantially constructed metallic guards located not less than 3 inches from the shell and spaced not more than 2 inches apart.
The heating element or combustion chamber shall be permanently guarded so as to prevent accidental contact by persons or material.
Heating appliances shall be installed and maintained in accordance with the manufacturer's instructions, the California Building Code, the California Mechanical Code, the California Plumbing Code and the California Electrical Code.
Chimneys, incinerators, smokestacks or similar devices for conveying smoke or hot gases to the outer air and the stoves, furnaces, fireboxes or boilers to which such devices are connected, shall be maintained so as not to create a fire hazard.
Masonry chimneys that, upon inspection, are found to be without a flue liner and that have open mortar joints which will permit smoke or gases to be discharged into the building, or which are cracked as to be dangerous, shall be repaired or relined with a listed chimney liner system installed in accordance with the manufacturer's instructions or a flue lining system installed in accordance with the requirements of the California Building Code and appropriate for the intended class of chimney service.
Metal chimneys that are corroded or improperly supported shall be repaired or replaced.
Decorative shrouds installed at the termination of factory-built chimneys shall be removed except where such shrouds are listed and labeled for use with the specific factory-built chimney system and are installed in accordance with the chimneymanufacturer's instructions.
Existing factory-built chimneys that are damaged, corroded or improperly supported shall be repaired or replaced.
Existing chimney and vent connectors that are damaged, corroded or improperly supported shall be repaired or replaced.
The fire code official is authorized to order that measures be taken to prevent the operation of any existing stove, oven, furnace, incinerator, boiler or any other heat-producing device or appliance found to be defective or in violation of code requirements for existing appliances after giving notice to this effect to any person, owner, firm or agentor operator in charge of the same. The fire code official is authorized to take measures to prevent the operation of any device or appliance without notice when inspection shows the existence of an immediate fire hazard or when imperiling human life. The defective device shall remain withdrawn from service until all necessary repairs or alterations have been made.
It shall be a violation of this code for any person, user, firm or agent to continue the utilization of any device or appliance (the operation of which has been discontinued or ordered discontinued in accordance with Section 603.7) unless written authority to resume operation is given by the fire code official. Removing or breaking the means by which operation of the device is prevented shall be a violation of this code.
Commercial, industrial and residential-type incinerators and chimneys shall be constructed in accordance with the California Building Code and the California Mechanical Code. Unless other approved means are provided for the prompt disposal of rubbish, an approved incinerator shall be provided and maintained for the disposal of combustible waste. Incinerators shall be constructed, located, and maintained in such manner that waste material can be safely burned at any hour of the day, where local ordinances permit. Fuel-fired and garbage burning incinerators shall be constructed and maintained in conformance with NFPA 82-2009 Incinerators, Waste and Linen Handling Systems and Equipment or U.L. 791-2006 Standard for Residential Incinerators, whichever is applicable.
Residential incinerators shall be of an approved type.
Incinerators shall be equipped with an effective means for arresting sparks.
Where the fire code official determines that burning in incinerators located within 500 feet (152 m) of mountainous, brush or grass-covered areas will create an undue fire hazard because of atmospheric conditions, such burning shall be prohibited.
Burning shall take place only during approved hours.
The fire code official is authorized to require incinerator use to be discontinued immediately if the fire code official determines that smoke emissions are offensive to occupants of surrounding property or if the use of incinerators is determined by the fire code official to constitute a hazardous condition.
In Group I-2 occupancies, the continued use of existing flue-fed incinerators is prohibited.
Incinerators in Group I-2 occupancies shall be inspected not less than annually in accordance with the manufacturer's instructions. Inspection records shall be maintained on the premises and made available to the fire code official upon request
Above-ground gas meters, regulators and piping subject to damage shall be protected by a barrier complying with Section 312 or otherwise protected in an approved manner.
Identified electrical hazards shall be abated. Identified hazardous electrical conditions in permanent wiring shall be brought to the attention of the responsible code official. Electrical wiring, devices, appliances and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used.
Illumination shall be provided for service equipment areas, motor control centers and electrical panelboards.
A working space of not less than 30 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1981 mm) in height shall be provided in front of electrical service equipment. Where the electrical service equipment is wider than 30 inches (762 mm), the working space shall be not less than the width of the equipment. Storage of materials shall not be located within the designated working space.Exceptions:
- Where other dimensions are required or allowed by the California Electrical Code.
- Access openings into attics or under-floor areas that provide a minimum clear opening of 22 inches (559 mm) by 30 inches (762 mm).
Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording. The disconnecting means for each service, feeder or branch circuit originating on a switchboard or panelboard shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident. Where buildings or structures are supplied by more than one power source, markings shall be provided at each service equipment location and at all interconnected electric power production sources identifying all electric power sources at the premises in accordance with the California Electrical Code.
Multiplug adapters, such as cube adapters, unfused plug strips or any other device not complying with the California Electrical Code shall be prohibited.
Relocatable power taps shall be of the polarized or grounded type, equipped with over-current protection, and shall be listed in accordance with UL 1363.
Relocatable power taps shall be directly connected to a permanently installed receptacle.
Relocatable power tap cords shall not extend through walls, ceilings, floors, under doors or floor coverings, or be subject to environmental or physical damage.
Extension cords and flexible cords shall not be a substitute for permanent wiring and shall be listed and labeled in accordance with UL 817. Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact. Extension cords shall be used only with portable appliances. Extension cords marked for indoor use shall not be used outdoors.
Extension cords shall be plugged directly into an approved receptacle, power tap or multiplug adapter and, except for approved multiplug extension cords, shall serve only one portable appliance.
The ampacity of the extension cords shall be not less than the rated capacity of the portable appliance supplied by the cord.
Extension cords shall be maintained in good condition without splices, deterioration or damage.
Extension cords shall be grounded where serving grounded portable appliances.
Open junction boxes and open-wiring splices shall be prohibited. Approved covers shall be provided for all switch and electrical outlet boxes.
Electrical equipment and fixtures shall be tested and listed by an approved agency and installed and maintained in accordance with all instructions included as part of such listing.
Electrical motors shall be maintained free from excessive accumulations of oil, dirt, waste and debris.
Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days. Temporary wiring methods shall meet the applicable provisions of the California Electrical Code.Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities.
Temporary wiring attached to a structure shall be attached in an approved manner.
Where not prohibited by other sections of this code, portable, electric space heaters shall be permitted to be used in all occupancies in accordance with Sections 604.10.1 through 604.10.5.
Only listed and labeled portable, electric space heaters shall be used.
Portable, electric space heaters shall be plugged directly into an approved receptacle.
Portable, electric space heaters shall not be plugged into extension cords.
Portable, electric space heaters shall not be operated within 3 feet (914 mm) of any combustible materials. Portable, electric space heaters shall be operated only in locations for which they are listed.
Where used in Group I-2 and ambulatory care facilities, portable, electric space heaters shall be limited to those having a heating element that cannot exceed a temperature of 212°F (100°C), and such heaters shall only be used in nonsleeping staff and employee areas.
Abandoned cables in plenums that are able to be accessed without causing damage, or requiring demolition to the building, shall be tagged for future use or shall be removed.
Refrigeration systems shall be installed in accordance with the California Mechanical Code.
Where a refrigerant other than ammonia is used, refrigeration systems and the buildings in which such systems are installed shall be in accordance with ASHRAE 15.
Refrigeration systems using ammonia refrigerant and the buildings in which such systems are installed shall comply with IIAR-2 for system design and installation and IIAR-7 for operating procedures. Decommissioning of ammonia refrigeration systemsshall comply with IIAR-8.
PUBLIC RESOURCES CODE - PRC
DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958]
( Division 4 repealed and added by Stats. 1965, Ch. 1144. )
PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7]
( Part 2 added by Stats. 1965, Ch. 1144. )
CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299]
( Chapter 3 added by Stats. 1965, Ch. 1144. )
4291.
(a) A person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered lands, shrub-covered lands, grass-covered lands, or land that is covered with flammable material, shall at all times do all of the following:
(1) (A) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being utilized between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the board, in consultation with the department, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. For purposes of this subparagraph, “fuel” means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation.
(B) A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner. Any local ordinance related to fuel modification shall be in compliance with all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line.
(C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under subparagraph (A) if a fire expert, designated by the director, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation.
(2) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe.
(3) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood.
(4) Maintain the roof of a structure free of leaves, needles, or other vegetative materials.
(5) Before constructing a new building or structure or rebuilding a building or structure damaged by a fire in an area subject to this section, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official, a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure.
(b) A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property.
(c) (1) Except as provided in Section 18930 of the Health and Safety Code, the State Fire Marshal may adopt regulations exempting a structure with an exterior constructed entirely of nonflammable materials, or, conditioned upon the contents and composition of the structure, the director may vary the requirements respecting the removing or clearing away of flammable vegetation or other combustible growth with respect to the area surrounding those structures.
(2) An exemption or variance under paragraph (1) shall not apply unless and until the occupant of the structure, or if there is not an occupant, the owner of the structure, files with the State Fire Marshal, in a form as the State Fire Marshal shall prescribe, a written consent to the inspection of the interior and contents of the structure to ascertain whether this section and the regulations adopted under this section are complied with at all times.
(d) The State Fire Marshal may authorize the removal of vegetation that is not consistent with the standards of this section. The State Fire Marshal may prescribe a procedure for the removal of that vegetation and make the expense a lien upon the building, structure, or grounds, in the same manner that is applicable to a legislative body under Section 51186 of the Government Code.
(e) (1) The board, in consultation with the State Fire Marshal, shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize water consumption, and permit trees near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion, such as woodpiles, propane tanks, decks, outdoor furniture, barbecue equipment, and outdoor fire pits.
(2) On or before January 1, 2023, the board, in consultation with the State Fire Marshal, shall update the guidance document to include suggestions for creating an ember-resistant zone within five feet of a structure, based on regulations promulgated by the board, in consultation with the department, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers.
(f) The State Fire Marshal shall do both of the following:
(1) Recommend to the board the types of vegetation or fuel that are to be excluded from an ember-resistant zone based on the probability that vegetation and fuel will lead to ignition by ember of a structure as a part of the update to the guidance document pursuant to paragraph (2) of subdivision (e).
(2) Make reasonable efforts to provide notice to affected residents describing the requirements added by the amendments to paragraph (1) of subdivision (a) made in Assembly Bill 3074 of the 2019–20 Regular Session before the imposition of penalties for violating those requirements.
(g) (1) The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall not take effect for new structures until the board updates the regulations, pursuant to paragraph (1) of subdivision (a), and the guidance document, pursuant to paragraph (2) of subdivision (e).
(2) The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall take effect for existing structures one year after the effective date for the new structures.
(h) The department shall not change defensible space inspection practices and forms or enforcement to implement the requirement for an ember-resistant zone until the State Fire Marshal makes a written finding, which the State Fire Marshal shall post on the department’s internet website, that the Legislature has appropriated sufficient resources to do so.
(i) For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the board or the department to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section.
(j) As used in this section, “person” means a private individual, organization, partnership, limited liability company, or corporation.
(Amended by Stats. 2021, Ch. 382, Sec. 9.5. (SB 63) Effective January 1, 2022.)
POOL ENCLOSURE REQUIREMENTS
California Code of Regulations, Title 24, Section 3119B
Section 3119B.1 Enclosure. The pool shall be enclosed by one or a combination of the following: a fence; portion of a building; wall; or other approved durable enclosure. Doors, windows, gates of living units or associated private premises, shall not be permitted as part of the pool enclosure. The enclosure, doors, and gates shall meet all of the following specifications:
- The enclosure shall have a minimum effective perpendicular height of 5 feet as measured from the outside as depicted in Figure 31B-4.
- Openings, holes or gaps in the enclosure, doors and/or gates shall not allow the passage of a 4- inch diameter sphere. The enclosure shall be constructed over a hard and permanent material equivalent to concrete.
- The enclosure shall be designed and constructed so that it cannot be readily climbed by small children. Horizontal and diagonal member designs which might serve as a ladder for small children are prohibited. Horizontal members shall be spaced at least 48-inches apart. No planters or structures that can be climbed shall be permitted within 5 feet of the outside of the pool enclosure or within a 5 foot arch as depicted on Figure 31B-5. The area 5 feet outside of the pool enclosure shall be a common area open to the public.
- Chained linked may be used, provided that the openings are not greater than 1 3⁄4-inches measured horizontally.
Section 3119B.2 Gates. Gates and doors opening into the pool enclosure also shall meet the following specifications:
- Gates and doors shall be equipped with self-closing and self-latching devices. The self-latching device shall keep the gate or door securely closed. Gates and doors shall open outwardly away from the pool except where otherwise prohibited by a law. Hand activated door or gate opening hardware shall be located at a height no lower than 42-inches but no higher than 44-inches above the deck or walkway.
- Gates and doors shall be capable of being locked during times when the pool is closed. Exit doors which comply with Chapter 10, Title 24, California Code of Regulations shall be considered as meeting these requirements.
- The pool enclosure shall have at least one means of egress without a key for emergency purposes. Unless all gates or doors are so equipped, those gates and/or doors which will allow egress without a key shall have a sign in letters at least 4-inches high stating EMERGENCY EXIT.
- The enclosure shall be constructed so that all persons will be required to pass through common pool enclosure gates or doors in order to gain access to the pool area. All gates and doors exiting the pool area shall open into a public area or walkway accessible by all patrons of the pool.
