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5. Other unusual circumstances that make strict compliance with the clearance of vegetation provisions undesirable or impractical. (1) Section 323 Use of Equipment is hereby added as follows: 323 Use of equipment. Except as otherwise provided in this section, no person shall use, operate, or cause to be operated in, upon or adjoining any hazardous fire area any internal combustion engine which uses hydrocarbon fuels, unless the engine is equipped with a spark arrester as defined in Section 202 maintained in effective working order, or the engine is constructed, equipped and maintained for the prevention of fire. Exception: 1. Engines used to provide motor power for trucks, truck tractors, buses, and passenger vehicles, except motorcycles, are not subject to this section if the exhaust system is equipped with a muffler as defined in the Vehicle Code of the State of California. 2. Turbocharged engines are not subject to this section if all exhausted gases pass through the rotating turbine wheel, there is no exhaust bypass to the atmosphere, and the turbocharger is in good mechanical condition. (j) Section 323,1 Use of Equipment and Devices Generating Heat, Sparks or Open Flames is hereby added as follows: 323.1 Equipment and devices generating heat, sparks or open flames. During any time of the year within Wildfire Risk Areas, within or immediately adjacent to any forest- or brush - covered land or non- irrigated grass- covered land, no person shall use or operate any welding equipment, cutting torches, tarpots, grinding devices, or other tools or equipment that may produce a spark, fire, or flame that could result in a wildfire without doing the following: 1. First clearing away all flammable material, including snags, from the area around such operation for a distance of 30 feet or other approved method to reduce fire spread into the wildlands. If 30 foot clearing cannot be achieved then an alternate method shall be approved by the AHJ prior to work starting. 2. Maintain one serviceable round point shovel with an overall length of not less than forty -six (46) inches and one backpack pump water -type fire extinguisher fully equipped and ready for use at the immediate area during the operation. 3. Stop work when winds are 8 MPH during periods when relative humidity is less than 25 %, or a red flag condition has been declared or public announcement is made, when an official sign was caused to be posted by the fire code official, or when such fires present a hazard as determined by the fire code official. 4. Keep a cell phone nearby and call 911 immediately in case of a fire. (k) Section 323.2 Spark Arresters is hereby added as follows: Ordinance No. NS -XXXX Page 15 of 31 11A -17