Fire code adoption

[PAPP]

What is the name of your state? - California

I would like to apologize first that I think my question is not in the right section. I couldn't figure out which one was right for my question.

My question is about the fire code adoption. If the state or the county changes the fire code, does it mean the city needs to follow it?

I found that the state changed the fire code about BBQ grills use on the apartment complex in 2020 which says only electric grills can be used without a sprinkler system on the balcony. I couldn't find if my county adopted the state change in the county website, but I found that another city in the same county adopted the change which said all cities of the county adopted the change. My apartment manager talked to the city's fire department and they didn't know about the change. I tried to find my city's regulation, but I couldn't find it either.

The reason I'm asking this question is one of my neighbors uses a propane BBQ grill and even under the older version county regulation, the placement of their grill violated the regulation. I found the older version county regulation, but I couldn't find the city regulation at all.

 

[PayrollHRGuy]

Just report your issue to the local fire department.

 

[PAPP]

Thank you for your reply, PayrollHRGuy. I sent an email to both the city and the county fire departments. I hope they will respond soon.

This neighbor's balcony is very close to the common area's trees. I think they can touch a branch from one side of their balcony. The grill is not placed on that side, but they put it very close to the balcony rail and the wooden pole. It's the fire season here. I hope they have a fire extinguisher on their balcony.

 

[zddoodah]

Please cite the specific section of the California Code of Regulations (Title 24, Part 9) with which you are concerned.

 

[PAPP]

Thank you for your reply, zddoodah. I read the section 308.1.4 on “Open-flame cooking devices" has changed. I'm not familiar with the legal terms, so I put a website page of another city's regulation which says all cities in my county have adopted the change.
https://www.sanjoseca.gov/your-government/departments/planning-building-code-enforcement/code-enforcement/multiple-housing-inspection-program/preparing-for-inspection/barbecue-regulations

I just received a reply from the county fire department and they directed me where I could check the city's fire code. I found the city just put the state fire code as the city fire code. I mean when I click the city's fire code, it goes to the state fire code page. Does it mean the city has adopted the state fire code?

 

[xylene]

Submit your concenrs about the situation by writting sent certifed mail return response. You may see it treated less cavalierly. You are not a lawyer, so don't worry about citing the law.

 

[PAPP]

Thank you for your reply, xylene. I'll send an inquiry letter by certified mail to the city fire department.

I'm still struggling to find the county fire code. My brain doesn't take unfamiliar words well. I feel so stupid!

 

[PayrollHRGuy]

Thank you for your reply, xylene. I'll send an inquiry letter by certified mail to the city fire department.

I'm still struggling to find the county fire code. My brain doesn't take unfamiliar words well. I feel so stupid!

There is no need for you to cite the specific laws. As xylene posted you aren't a lawyer.

 

[Zigner]

The word you are looking for is "adopt", not "adapt" (and "adoption", not "adaption"). We know what you mean here, but it will look better for you to use the right word when communicating with government officials.

 

[PAPP]

Thank you for your reply, PayrollHRGuy. I should calm down. I saw a small flaring flame on their grill the other day when they were using it and it is placed very close to the wooden pole. I felt I had to do something badly. I just need to calm down and send a letter.

Oh my!! Thank you for pointing out my misspelling, Zigner. I appreciate for not only this forum members, but also government officials automatically switching the words in the head to understand what I said. I'll correct my draft to the city. Also my posts! Thank you!

 

[zddoodah]

Thank you for your reply, zddoodah. I read the section 308.1.4 on “Open-flame cooking devices" has changed. I'm not familiar with the legal terms, so I put a website page of another city's regulation which says all cities in my county have adopted the change.
https://www.sanjoseca.gov/your-government/departments/planning-building-code-enforcement/code-enforcement/multiple-housing-inspection-program/preparing-for-inspection/barbecue-regulations

I just received a reply from the county fire department and they directed me where I could check the city's fire code. I found the city just put the state fire code as the city fire code. I mean when I click the city's fire code, it goes to the state fire code page. Does it mean the city has adopted the state fire code?

Ok. Section 308.1.4 of Title 24, Part 9 of the CCR states: "Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet of combustible construction." This regulation does not apply to one- or two-family dwellings, locations that have an automatic sprinkler system, and liquid petroleum (e.g., propane) devices.

Getting back to your original question, it's not up to any city to follow or not follow this. This is a state law, and every person in the state must follow it. However, counties and cities may enact stricter rules, and it sounds like Santa Clara County and the cities therein have enacted such rules.

Since your originally expressed concern was about a neighbor using a propane grill, that appears not to be a concern under the applicable state law since the regulation specifically excepts LP-gas devices (as long as the tank is within the stated capacity limitation). However, it may violate local regulations.

 

[PAPP]

Thank you for your reply, zddoodah. It seems the county's regulation is stricter than the state one. However, I'm having a hard time to find the county regulations. What my apartment manager referred is the 2014 version of the regulation. It seems the county changed the regulations around 2018 and a different city in the county, Sunnyvale, shows the same regulation as San Jose and it shows the posted date of the page as July 3, 2018. I need to contact the county.

 

[Zigner]

Thank you for your reply, zddoodah. It seems the county's regulation is stricter than the state one. However, I'm having a hard time to find the county regulations. What my apartment manager referred is the 2014 version of the regulation. It seems the county changed the regulations around 2018 and a different city in the county, Sunnyvale, shows the same regulation as San Jose and it shows the posted date of the page as July 3, 2018. I need to contact the county.

It's entirely possible that the regulation you are citing does not apply. What is the construction of the balcony? If the construction is considered "non combustible", then the restriction does not apply.

 

[PAPP]

Thank you for your reply, Zigner. The balcony's construction is mixed with concrete, metal and wood. The floor is the concrete and the rail is the metal. All other places like the walls, the heater system compartment and the columns are wood. I thought if the balcony has wood parts, they are considered combustible. Do I misunderstand the regulation?

 

[Zigner]

Thank you for your reply, Zigner. The balcony's construction is mixed with concrete, metal and wood. The floor is the concrete and the rail is the metal. All other places like the walls, the heater system compartment and the columns are wood. I thought if the balcony has wood parts, they are considered combustible. Do I misunderstand the regulation?

Wood would seem to apply, while stucco would not.