State Fire Marshal's Office

SECTION 202
§ 202. Accumulation of combustible waste. It shall be unlawful to cause or allow rubbish and other combustible waste to accumulate in a building or structure or upon premises. The accumulation of rubbish shall be regulated under the following criteria;

• Maintenance. Roofs, courts, yards, vacant lots, alleys, parking lots, open spaces, and the space beneath a grandstand, bleacher, pier, wharf, or other similar structure, shall be regularly cleaned so as to prevent the accumulation of any rubbish, vegetation or other combustible waste.
   
• Vegetation. Weeds, grass, vines, brush or other vegetation that is capable of being ignited shall be regularly pruned, or cleared and removed for a distance of 10 feet (3048 mm) from any building or structure.

SECTION 302
§ 302. Hot ashes and spontaneous ignition sources. Hot ashes, cinders, smoldering coals or greasy or oily materials subject to spontaneous ignition shall not be deposited in a combustible container, or within 10 feet (3048 mm) of other combustible material, including combustible walls and partitions and combustible waste, or within 2 feet (610 mm) of openings to buildings or structures.

• Exception: The minimum required separation distance to other combustible materials shall be 2 feet (610 mm) where the material is deposited in a covered, noncombustible container placed on a noncombustible floor, ground surface or stand.

SECTION 303
§ 303. Open-flame warning devices. It shall be unlawful to use an open-flame device on roadways as a warning signal or for any other purposes. 

• Exception: The use of fuses at the scene of an emergency or as required by standard railroad operating procedures.

SECTION 401
§ 401. General. Kindling, building, maintaining, or using an open fire is prohibited. Exceptions to this rule are as follows; 

• Portable outdoor barbecues as authorized.
   
• Outdoor noncommercial barbecue fires in equipment provided by and located in city parks where such open fires are allowed by the Department of Parks and Recreation.
   
• In connection with the training of fire brigades or similar purposes by persons or entities where such training is required by law, rule, or regulation.
   
• Approved open fires used for special effects in connection with television, motion picture, theatrical, and other entertainment productions.
   
• Coke-fueled salamanders at a construction site in accordance with the fire code.

SECTION 404
§ 404. Portable outdoor barbecues. Charcoal, electric, and LPG and piped natural gas-fueled portable outdoor barbecues may be operated and maintained in compliance with the requirements of this section.

• General. Portable outdoor barbecues burning charcoal, powered by electricity, or fueled by LPG containers or piped natural gas may be stored and used on any residential premises in compliance with the requirements of this section and the rules. Portable outdoor barbecues burning charcoal, powered by electricity, or fueled by piped natural gas may be stored and used on any other premises in compliance with the requirements of this section and the rules, except as may be restricted by the Zoning Resolution or the Department by rule or order. Stationary outdoor grills and other outdoor cooking equipment shall be installed in accordance with the Building and Mechanical Codes and operated and maintained in accordance with this section.
   
• Grate area. The total grate area of a portable outdoor barbecue shall not exceed 10square feet (0.929 m2).
   
• Clearance distances. Portable outdoor barbecue shall not be stored or used within 10 feet (3048 mm) of any combustible waste, combustible material, or any combustible building surface, including combustible roofs and decks. To the maximum extent feasible, windows, doors, and other building openings within 10 feet (3048 mm) of a barbecue in use shall be kept closed. An entrance door shall be closed immediately after entering or exiting the building while the barbecue is in use.
   
• Fire extinguishing equipment. A garden-type hose attached to a water supply, or a minimum of one portable fire extinguisher complying with the requirements of a minimum 4-A rating, shall be provided for any portable outdoor barbecue and shall be readily accessible whenever the portable outdoor barbecue is in use. A portable fire extinguisher complying with the requirements and with a Class K rating shall be provided for any portable outdoor barbecue used for commercial cooking purposes and shall be readily accessible whenever such barbecue is in use.

SECTION 406
§ 406. Signals and markers. Open-flame devices, such as lanterns or kerosene road flares, shall not be operated or used as a signal or marker in or on any building, structure, or premises.

• Exception: The proper use of fusees at the scene of an emergency or as required by standard railroad operating procedures.

SECTION 501
§ 501. General. Smoking, including the carrying of a lighted pipe, cigar, cigarette, or any other type of smoking paraphernalia or material, shall be conducted in accordance with this section. It shall be unlawful to:

• Smoke in any area in which smoking is prohibited, as set forth in this section or elsewhere in this code.
   
• Place or discard, or cause to be placed or discarded, any lighted pipe, cigar, cigarette, or other types of smoking paraphernalia or material where it can cause the ignition of combustible material or combustible waste, or otherwise cause an unwanted fire.
   
• Smoke in any building, structure, premises or part thereof where flammable or combustible materials or explosives are manufactured, stored, handled, used or transported.
   
• Smoke in the following occupancies and spaces:
  • Cellars and basements.
  • Public gathering places, except for smoking non-tobacco smoking products in a non-tobacco hookah establishment.
  • Places where goods are displayed and sold, except for smoking non-tobacco smoking products in a non-tobacco hookah establishment.
  • Hospitals, nursing homes, rehabilitation facilities and similar medical facilities housing the ill, aged and infirm, except within designated smoking rooms with the appropriate approval of the Los Santos Fire Department.
  • On any bulkhead, dock, drydock, shipyard, pier, wharf, warehouse or shed on theatre front.
  • Onboard any ship, barge, ferry, lighter, car float, scow, and all other similar floating watercraft or equipment whether berthed or moored at a dock, wharf, pier, or to a marine vessel made fast thereto or in a shipyard.

SECTION 507
§ 507. Non-tobacco hookah establishments. Smoking of non-tobacco smoking products is allowed in non-tobacco hookah establishments lawfully operating, provided that such establishments are designed, installed, operated and maintained in accordance with the following requirements:

• Supervision. The storage of coal and other solid or liquid flammable and combustible materials in non-tobacco hookah establishments shall be under the general supervision of a person holding a certificate of fitness. The handling and use of charcoal and other solid or liquid flammable and combustible materials in non-tobacco hookah establishments shall be under the personal supervision of a person holding a certificate of fitness.
   
• Use of charcoal or other material for smoking paraphernalia. Where smoking paraphernalia requires the use of lighted charcoal or any other solid or liquid flammable or combustible material, such material shall be stored, handled and used in accordance with this section and the rules:
  • Smoking paraphernalia. Smoking paraphernalia shall comply with such safety measures as may be prescribed in the rules to minimize the risk of fire associated with the use of such paraphernalia.
     
  • Storage of charcoal. Charcoal shall be stored in the same manner as solid fuel used for commercial cooking operations, as set by the rules. Other flammable or combustible materials shall be stored in compliance with the requirements of this code or the rules.
     
  • Preparation, handling and disposal of charcoal and other materials. Charcoal shall be prepared for use in an enclosed stationary furnace or oven vented to the outdoors in accordance with the Construction Codes, in an approved vessel heated by an electric element and vented by means of a hood, or in a room with an approved ventilation system, as set forth in the rules. Lighted charcoal and ashes, cinders and other fire debris, and other combustible waste shall be handled and disposed of in such manner as may be prescribed in the rules to minimize the risk of fire.
     
  • Portable fire extinguishers. In addition to complying with the requirements of fire code, a portable fire extinguisher with at least a 5-B rating shall be provided and maintained in a non-tobacco hookah establishment in the charcoal preparation area and in each area in which non-tobacco smoking products are smoked.
     
  • Decorations. Decorations in non-tobacco hookah establishments shall be flame-resistant in accordance with fire code and the rules.
     
• Hazardous environmental conditions. The Fire Chief and the Fire Marshal may prohibit lighted matches, cigarettes, cigars or other burning substances in any location upon a determination that such activity creates an undue fire hazard because of conditions in the surrounding environment.

SECTION 704
§ 704. Sprinkler system supervision and alarms. All valves controlling the water supply for sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures, and water-flow switches on all sprinkler systems shall be electrically supervised by the fire alarm system where a fire alarm system is required by this code. Exceptions to this are as follows;

• Sprinkler systems protecting all occupancies. 
   
• Sprinkler systems installed in accordance with this code, where a common supply main is used to supply both domestic water and the sprinkler system, and a separate shutoff valve for the sprinkler system is not provided, except where this code requires such sprinkler system to be supervised. 
   
• Jockey pump control valves that are sealed or locked in the open position. 
   
• Control valves to commercial kitchen hoods, paint spray booths, or dip tanks that are sealed or locked in the open position. 
   
• Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 
   
• Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position.

SECTION 705
§ 705. Maintenance. Sprinkler systems shall be periodically inspected, tested, serviced, and otherwise maintained in accordance with the fire code as follows:

• Sprinkler systems shall be inspected at least once a month by a person holding a certificate of fitness, employed by the owner, to ensure that all parts of the system are in perfect working order, and that the department connections, if any, are ready for immediate use by the department. A detailed record of each inspection shall be kept for examination by any representative of the department. An inspection by the Fire Marshal Office is to be done at least twice a year in the semi-annual inspections.
   
• There shall be one or more employees instructed in the maintenance of sprinkler systems. 
   
• There shall be kept available at all times in the premises a supply of at least six extra sprinkler heads to replace promptly any fused or damaged sprinklers. 
   
• Fire department connections shall be hydrostatically tested at least once every 5 years, in accordance with this code.

SECTION 801
§ 801. Where required. Portable fire extinguishers shall be installed in the following locations:

• In all buildings with over two apartments without or with a staircase. 
   
• Within 30 feet (9144 mm) of commercial cooking equipment. 
   
• In areas where flammable or combustible liquids are manufactured, stored, handled and used, including dispensing.
   
• On each floor of structures under construction, alteration or demolition, except detached occupancies, in accordance with the fire code.
   
• Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the Fire Chief or the Chief Fire Marshal.

SECTION 802
§ 802. General requirements. Portable fire extinguishers shall be selected, installed, and maintained in accordance with this section and this code. Exceptions to this are as follows;

• The travel distance to reach a portable fire extinguisher shall not exceed 10 meters of distance from an entry point of a room/building.

SECTION 803
§ 803. Maintenance. Portable fire extinguishers shall be maintained in accordance with this section. 

• Monthly inspection. An inspection to verify that the portable fire extinguishers are readily available and in a good working order shall be conducted at least once a month. The person conducting such inspections shall keep records of all portable fire extinguishers inspected, including the date the inspection was performed, the person performing the inspection, and those portable fire extinguishers found to require corrective action. Such recordkeeping shall be either kept on a tag or label securely attached to the portable fire extinguisher, on an inspection checklist maintained on file, or by an approved electronic method that provides a permanent record.
  
  • Exception: An inspection to verify that the portable fire extinguishers are readily available and in a good working order shall be conducted at least once every 6 months by the fire marshal for dry-chemical or halogenated agent portable fire extinguishers that are monitored by a listed and approved electronic monitoring device complying with all of the following requirements:
    • The electronic monitoring device shall continuously confirm the proper location and charge of each portable fire extinguisher so monitored. 
       
    • Loss of power to the electronic monitoring device or other interruption of the proper functioning of such a device shall initiate a trouble signal at an approved location on the premises at which the portable fire extinguisher being monitored is installed. 
       
    • The portable fire extinguisher being monitored shall be located indoors or in cabinets outdoors. The portable fire extinguisher being monitored shall not be in a corrosive environment. 
       
    • The periodic inspection of the portable fire extinguisher shall include inspection and testing of the electronic monitoring device. 
       
    • An electronic record that the electronic monitoring of the portable fire extinguisher is being maintained, and that the portable fire extinguisher is properly located and charged, shall be maintained in accordance with the fire code.

SECTION 804
§ 804. Servicing. Annual servicing and recharging shall be performed by a person or company meeting the requirements of the Los Santos Fire Department. Records of servicing and recharging of portable fire extinguishers shall be provided and maintained in accordance with fire code. The required tag or label for servicing shall also include the following information:

• The name and certificate of fitness number of the person who serviced the portable fire extinguisher. 
   
• The month and year the portable fire extinguisher was serviced. 
   
• The name, street address, and telephone number of the portable fire extinguisher servicing company, if any, servicing the portable fire extinguisher.

SECTION 902
§ 902. All businesses that have a kitchen in their facility need to have:

• Halon systems based fire suppression system in the kitchen room.
   
• Sprinkler system based fire suppression system at the rest of the business rooms and floors.
   
• If a sprinkler system is not available due to the construction of the building its a MUST to have a Fire Extinguisher- Dry Chemical (Type A, B, C) for each room. 
   
• Smoke detectors throughout the entire building. 
   
• Fire Separation Doors in the kitchen room.

SECTION 903
§ 903. All businesses that do not a kitchen in their facility need to have:

• Sprinkler system based fire suppression system at the rest of the business rooms and floors. 
   
• If a sprinkler system is not available due to the construction of the building its a MUST to have a Fire Extinguisher- Dry Chemical (Type A, B, C) for each room. 
   
• Smoke detectors throughout the entire building.

SECTION 1004
§ 1004. Fire command center. Where required by this code or the construction codes, a fire command center shall be provided for a building, structure, or premises.

• Location. The location and layout of the fire command center shall be approved by the department. A plan identifying the proposed location and layout of the fire command center, including the location, model and certificate of approval number of the fire alarm system control panel, shall be submitted to the department for approval prior to installation. 
   
• Fire alarm system control panel. The fire alarm system control panel shall be of a type for which a certificate of approval has been issued, and shall be installed in accordance with this code.
   
• Maintenance. The fire alarm system control panel shall be maintained in accordance with this code.

SECTION 1005
§ 1005. Manual fire alarm boxes. Manual fire alarm boxes shall be installed in accordance with the construction codes and this code.

• Protective covers. The Fire Chief and the Chief Fire Marshal may require the installation of manual fire alarm box protective covers to prevent malicious false alarms or provide the manual fire alarm box with protection from physical damage. The protective cover shall comply with the requirements of the construction codes including this code.

SECTION 1009
§ 1009. Monitoring. Where required by this code, the rules, or by the construction codes, including the Building Code, such monitoring by a central station shall be performed in compliance with the requirements of the rules.

• Exception: Central station monitoring is not required for: Single- and multiple-station.

SECTION 1014
§ 901.Inspection, testing, and other maintenance. Fire alarm and fire alarm detection systems shall be operated and maintained in accordance with this code.

• Testing. Testing shall be performed in accordance with the schedules or more frequently where required by the Fire Chief or Chief Fire Marshal. 
  
  • Exception: Devices or equipment that are inaccessible for safety considerations shall be tested during scheduled shutdowns where approved by the fire chief or the chief fire marshal, but not less than every 18 months.

SECTION 1203
§ 1203. Schedule. A written maintenance program, including periodic inspection and testing, shall be established and implemented immediately upon installation of the smoke control system.

• Recordkeeping. A logbook or other approved form of recordkeeping documenting each inspection and test shall include the date of the maintenance, identification of servicing personnel, description of any operating defects or deficiencies, notifications made, corrective action taken, including parts replaced, and/or other information prescribed by the department by rule. 
   
• Testing. Operational testing of the smoke control system shall include all components of the system, including initiating devices, fans, dampers, controls, doors and windows. Dedicated smoke control systems shall be tested semiannually. Nondedicated smoke control systems shall be tested annually. All systems shall be tested under both normal power and emergency power.

SECTION 1204
§ 1204. Post-fire smoke purge systems. Post-fire smoke purge systems shall be provided as required by the construction codes, including the Building Code, and shall be designed, installed, and tested as required by such codes.

• Post-fire smoke purge system maintenance. Post-fire smoke purge systems shall be maintained in good working order. A record of inspections and tests shall be maintained.

SECTION 1302
§ 1302. Maintenance. Automatically and manually operated heat vents and engineered mechanical smoke exhaust systems shall be inspected periodically and an operational test of each shall be conducted at least once every 12 months. A record of each inspection and test shall be maintained as required.

• Exception: Gravity operated drop out vents need only be inspected.

SECTION 1401
§ 1. RANGE OF SANCTIONS — The following sanctions may be imposed by the State Fire Marshals on any individual or business in violation of the provisions of this code or any other applicable law:
 

1. Civil Fine

1. A civil penalty or a civil fine is a financial sanction imposed by the Department of Finance as restitution for wrongdoing as a result of a violation of this code. Upon receiving a civil penalty the business has seven (7) days to pay the penalty.
2. Cease and Desist Order

 A cease and desist order introduces an injunction on a person or business that prohibits such person or business from conducting (a) business (activity).

SECTION 1403
§ 3. SANCTION APPEAL — (a) Any person issued with a sanction as listed in section one (1) of this chapter may appeal against such sanction to the Chief Fire Marshal, in the prescribed manner and form within seven (7) days after receiving such sanction.

(b) The Chief Fire Marshal may, after taking into consideration any representation by the appellant against the sanction, confirm, modify or cancel all parts of such sanction in accordance with the law.

(c) If the Chief Fire Marshal confirms or modifies all or part of a sanction, the appellant must comply with such sanction as confirmed or modified, within the time period specified. Failure to comply with the definitive decision of the Chief Fire Marshal is an offense as that may lead to extended sanctions as described in chapter one. 

(d) Submitting an appeal to the Chief Fire Marshal shall suspend any sanction imposed on the appellant for the entire duration of the appeal process.

SECTION 1404

SECTION 1404 - 1
§ 1. FAILURE TO REGISTER — Any business or individual that proceeds to conduct an economic activity upon receipt of a notice of compliance with this code shall be liable for a civil fine of five thousand dollars ($ 5.000,00) in addition to a cease and desist order until such business has successfully acquired a business certificate.

SECTION 1404 - 2
§ 2. UNLICENSED BUSINESS ACTIVITY — (a) Any business or individual that conducts a regulated economic activity in the absence of a legally required and valid fire certificate to conduct such activity shall be liable for a civil fine of ten thousand dollars ($ 10.000,00) and/or a cease and desist order until such business has successfully acquired the necessary certification.

(b) Any business or representative thereof repeatedly committing the offense as outlined in paragraph (a) of this section within a time period of less than or equal to one (1) month shall be liable for a (permanent) cease and desist order.

SECTION 1404 - 3
§ 3. VIOLATION OF FIRE CERTIFICATE — (a) Any business or representative thereof that, during the course of conducting a regulated business activity, violates the terms and conditions of a granted fire certificate under which the activity is conducted shall be liable for a civil fine of no less than three thousand dollars ($ 3.000,00) and no more than thirty thousand dollars ($ 30.000,00), a suspension of its fire certificate and/or a revocation of its fire certificate.

(b) Any business or representative thereof repeatedly committing the offense as outlined in paragraph (a) of this section within a time period of less than or equal to one (1) month shall be liable for a revocation of its fire certificate and/or a (permanent) cease and desist order.

SECTION 1404 - 4
§ 4. FAILING BUSINESS FIRE INSPECTION — Any business that, during the course of the inspection, fails to meet the requirements of the fire inspection, shall be issued a cease and desist order until the provided defects are amended.