Chapter 8.42
CONDITIONS OF BUILDING PERMIT ISSUANCE – ADEQUACY OF FIRE PROTECTION
Sections:
8.42.010 Adequacy of fire protection.
8.42.020 Restrictions on building permit issuance.
8.42.030 Conditions of building permit – Appeal procedure.
8.42.031 Authority to arrest and issue citations.
8.42.010 Adequacy of fire protection.
The City Council finds that certain areas within the City are not provided with a public water supply sufficient to allow for safe and adequate fire protection. The City Council further finds that the hilly terrain, natural vegetation, narrow streets and other conditions prevailing within the City create unusual problems of fire protection and require the exercise of caution in allowing construction in those areas which are without a water supply sufficient to provide adequate fire protection or in those areas where there is inadequate access for fire suppression apparatus.
Based on the findings set forth above, and also based on the findings at SMC 8.40.110 and based on the specific local conditions set forth in these findings, the City Council finds that the following provisions and modifications of the uniform codes are required. [Amended during 2013 reformat; Ord. 1163 § 2(Exh. B), 2002; Ord. 1139 § 2, 1999; Ord. 1115 § 2, 1996; Ord. 1053 § 11, 1990.]
8.42.020 Restrictions on building permit issuance.
As a result of the conditions referred to in SMC 8.42.010, and in order to ensure so far as possible the safety of residents of the City from conflagrations, the Building Official shall not issue any building permits for any new structures in areas meeting the criteria described in SMC 8.42.010 without the approval of the Fire Chief of the City of Sausalito. [Ord. 1163 § 2(Exh. B), 2002; Ord. 1139 § 2, 1999; Ord. 1115 § 2, 1996; Ord. 1053 § 11, 1990.]
8.42.030 Conditions of building permit – Appeal procedure.
If the property for which the permit is applied is served by a private water supply, a complete description of the supply must be included with the plans submitted for permit approval. If the property owner intends to extend a water main or to provide other types of fire protection, the plans shall be described in the request and shown on the building plan submitted for approval. All such requests for building permits shall be referred to the City Fire Chief for approval. Approval of the issuance of a building permit shall be given by the City Fire Chief if, in his opinion, an adequate water supply is available for the protection of the proposed structures which meets the fire flow requirements outlined in the latest edition of the Insurance Services Office (I.S.O.) Guidelines for Determination of Fire Flow. If the water supply is determined by the Fire Chief not to be adequate in accordance with these guidelines, the permit applicant may elect to install either temporary or permanent facilities for protection prior to commencement of construction. Such temporary or permanent facilities for fire protection shall be approved by the City Fire Chief, and the Fire Chief shall notify the Building Official not to issue a building permit until the installation of the approved facilities has been completed to the satisfaction of the Fire Chief. [Ord. 1163 § 2(Exh. B), 2002; Ord. 1139 § 2, 1999; Ord. 1115 § 2, 1996; Ord. 1053 § 10, 1990.]
8.42.031 Authority to arrest and issue citations.
A. The Fire Chief, Fire Marshal, and Fire Prevention Officer shall have authority to arrest or to cite any person who violates any provision of this chapter involving the Uniform Fire Code or the California Building Standards Code regulations relating to fire and public safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended.
B. It is the intent of the City of Sausalito that the immunities provided in Penal Code Section 836.5 are applicable to aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment (Ocean Shores 7-05)(Ocean Shores 7-05)pursuant to this chapter. [Ord. 1163 § 2(Exh. B), 2002; Ord. 1139 § 2, 1999.]
8.42.032 Penalties.
A. The violations of the California Fire Code as adopted herein are misdemeanors/infractions and are subject to the penalties set forth herein.
B. The first citation, within a 12-month period, for violations of the Uniform Fire Code and any amendments adopted herein shall be treated as a civil penalty payable directly to the Sausalito Fire Department and is set at $150.00 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Fire Department. The civil penalties shall be a debt owed to the Department by the person responsible for the violation within 30 days after the date of mailing of the citation unless an appeal is filed as provided in SMC 8.42.033. Upon failure to pay the civil penalty when due, the responsible person shall be liable in a civil action brought by the Department for such civil penalty and costs of the litigation, including reasonable attorneys’ fees.
C. Any subsequent citations within a 12-month period for any violations of the Uniform Fire Code and any amendments adopted herein shall be misdemeanors/infractions, and shall be subject to the penalties set forth herein.
D. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified, each day that a violation occurs or continues, after a final notice has been delivered, shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced correction of prohibited conditions.
E. Nothing contained in subsections A through F of this section shall be construed or interpreted to prevent the Department from recovering all costs associated with a Fire Department response as described in Section 101.5 of the 2000 Uniform Fire Code.
F. Any violation of any provision of this chapter shall constitute a public nuisance and shall entitle the Department to collect the costs of abatement and related administrative costs by a nuisance abatement lien as more particularly set forth in Government Code Section 38773.1, and by special assessment to be collected as more particularly set forth. At least 30 days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Chief of the Department’s intent to charge the property owner for all administrative costs associated with enforcement of this chapter and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this chapter and abatement of the nuisance. The property owner may appeal the Chief’s decision to the City Council within 15 days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the Tax Collector for collection of the special assessment. In addition to the foregoing, the Fire Department is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property, and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorneys’ fees. The provisions of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in Section 16.2 of Appendix 11-A of the 2000 Uniform Fire Code as amended in Section 10 of this code. [Amended during 2013 reformat; Ord. 1163 § 2(Exh. B), 2002; Ord. 1139 § 2, 1999.]
8.42.033 Appeals.
A. Any person receiving a citation for a civil penalty pursuant to SMC 8.42.032(B) or a bill for Fire Department response costs and expenses pursuant to Section 101.5(c) of the Uniform Fire Code, may file within 30 days after the date of mailing the citation or bill an administrative appeal against imposition of the civil penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief, and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least 10 days’ advance written notice of the time and place of the hearing. Within 10 days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within 30 days after the mailing of the notice of the decision of the Hearing Officer.
B. Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the City Council within 10 days from the date of the decision. The provision of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in Item 16.2 of Appendix 11-A of the 2000 Uniform Fire Code as amended in Section 10 of this code, or to matters for which an appeal is provided pursuant to subsection A of this section. [Amended during 2013 reformat; Ord. 1163 § 2(Exh. B), 2002; Ord. 1139 § 2, 1999.]