Chapter 15.20.270
Fire Code and Administration of Fire Code
Sections:
15.20.270.060 Modifications and Appeals.
15.20.270.070 New Materials, Processes, or Occupancies That May Require Permits.
15.20.270.010 Title.
Chapters 15.20.270 through 15.20.272 of this code shall be known as the Fire Code of the City of Vacaville, also referred to in this code as the “Fire Code.”
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.20.270.020 Purpose.
The purpose of the Fire Code is to prescribe regulations governing conditions hazardous to life and property from fire, hazardous materials, or explosion. The Fire Code is applied as a “maintenance code” to regulate existing occupancies, processes, and conditions. It is also used to regulate new occupancies, processes, or conditions that arise after the approval of the Fire Code.
The regulations of Chapters 15.20.270 through 15.20.272 of this code are established to achieve the following purposes:
A. To set forth and establish administrative guidelines and requirements, including the issuance of permits and citations.
B. To provide regulations governing general provisions for safety.
C. To establish safety regulations for special occupancy uses, special processes, special equipment, and other special subjects.
D. To reference nationally recognized standards that apply to the above subjects.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.20.270.030 Administration.
The provisions of the Fire Code shall be administered by the Fire Chief.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.20.270.040 Definitions.
The following words and phrases as used in the Fire Code of the City and Chapters 15.20.270 through 15.20.272 of this code shall mean the following:
A. The phrase “California Fire Code” shall mean the California Fire Code, 2022 Edition, as published by the California Building Standards Commission.
B. The phrase “Chief of the Fire Prevention Bureau” shall mean the Chief of the City’s Fire Department or his/her designee.
C. The phrase “City Manager” shall mean the City Manager or his or her designee.
D. The word “code” shall mean the Vacaville Municipal Code unless the context or subject matter otherwise requires.
E. The phrase “Fire Chief” shall mean the Chief of the City’s Fire Department or his or her designee.
F. The phrase “Fire Code” shall mean the Fire Code of the City.
G. The phrase “Fire Code Official” shall mean the Chief of the City’s Fire Department only and shall not include his or her designee.
H. The phrase “Fire Department” shall mean the Fire Department of the City.
I. The phrase “Fire Inspector” shall mean a fire inspector employed or retained by the City.
J. The phrase “Fire Prevention Bureau” shall mean that section of the Fire Department assigned to perform fire prevention tasks and duties.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.20.270.050 Enforcement.
The Fire Chief shall be responsible for enforcement of the codes set forth in Chapters 15.20.270 through 15.20.272 of this code. The penalties for violating these provisions shall be as follows:
A. Any person who violates or fails to comply with any of the provisions of Sections 304.1, 304.2, 308, 311, 901.6, or Chapter 56 of the California Fire Code, or any other sections of the California Fire Code specifically identified as a misdemeanor, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or who violates or fails to comply with any certificate or permit issued thereunder as affirmed or modified by the Fire Chief or by a court of competent jurisdiction within the time fixed herein, shall, for each and every such violation and/or noncompliance, be guilty of a misdemeanor and shall be subject to the penalties as set forth in Section 1.28.120.
B. Any person who violates any of the provisions of the remainder of the Fire Code, or the additions or amendments thereto, as contained in Chapters 15.20.270 through 15.20.272 of this code, shall, for each and every such violation and/or noncompliance, be guilty of an infraction and shall be subject to the penalties as set forth in Section 1.28.120.
C. The conviction of or imposition of a penalty for any violation shall not excuse the violation or permit such violation to continue; the person so convicted or penalized shall correct or remedy such violations within a reasonable time; and, when not otherwise specified, each day that a prohibited condition is maintained or allowed to continue unremedied shall constitute a separate offense.
D. The application of the above penalties shall not be held to prevent the abatement or forced removal of conditions prohibited by the Fire Code.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.20.270.060 Modifications and Appeals.
Modifications and appeals of actions pertaining to the Fire Code shall be as follows:
A. The Fire Chief is authorized to modify the application of any of the provisions of the Fire Code upon application in writing by the owner or lessee of property, or the duly authorized representative of such owner or lessee, where there are practical difficulties in the way of carrying out the provisions of the Fire Code, provided the Fire Chief finds that the spirit or intent of the Fire Code shall be complied with, public safety secured, and substantial justice done. The justification or reasons for such modifications, when granted or approved, and the decision of the Fire Chief shall be entered upon the records of the Fire Department, and a signed copy of such grant or approval shall be furnished to the applicant.
B. Denial and Appeal Process.
1. Where there are grounds to deny an application for a modification or permit, or if a person appeals the Fire Chief’s interpretation of this code pursuant to 15.20.271.040.B.9, the Fire Chief shall provide 15 calendar days’ prior written notice, mailed to the last known address of the property owner, specifying the grounds for the decision of the Fire Chief. The decision of the Fire Chief shall be based on a preponderance of the evidence. The owner may appeal the decision of the Fire Chief by filing a written notice of appeal with the City Clerk within 15 calendar days after deposit of the decision in the mail, specifying in detail the grounds for such appeal. The notice of appeal shall be accompanied by a nonrefundable fee established by the City’s then-current fee schedule. Failure to file a timely appeal will be considered a failure on the part of the owner to exhaust his or her administrative remedies for the purpose of seeking judicial review under subsection D of this section. In the event an appeal is timely filed, the decision of the Fire Chief shall not be effective until a final decision upholding the Fire Chief’s decision has been rendered by the City Manager.
2. The appeal shall be heard by the City Manager. The City Clerk shall provide at least 10 calendar days’ prior written notice of the date, time, and place of the hearing.
3. The following rules shall apply to the conduct of the hearing:
a. All parties shall have the right to be represented by legal counsel, to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues, and to impeach any witness regardless of which party first called him or her to testify, and to rebut evidence.
b. The hearing is informal, and is not conducted according to technical rules relating to evidence and witness. Any relevant evidence that is determined to be reliable will be admitted, regardless of its admissibility in a civil action. Hearsay evidence will be allowed for the purpose of supplementing or explaining other evidence, but over timely objection such evidence will not be sufficient in itself to support a finding unless it would be admissible over objection in a civil action. The rules of privilege shall be effective to the extent they are otherwise required by statute to be recognized at the hearing. Irrelevant and unduly repetitious evidence shall be excluded.
c. Any objections to the conduct of the hearing and/or to the introduction of evidence that is not timely made will be deemed waived. For the purposes of making a timely objection, an objection is timely if made before submission of the case for decision.
d. When a party does not proficiently speak or understand the English language, the party may provide an interpreter at the party’s own expense. An interpreter shall not have any involvement in the issues of the case prior to the hearing.
C. The decision of the City Manager shall be rendered within 30 days from the close of the hearing and shall be mailed to the last known address of the property owner.
D. The decision of the City Manager shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Section 1094.6 of the California Code of Civil Procedure.
(Ord. 1982, Repealed and Replaced, 12/13/2022)
15.20.270.070 New Materials, Processes, or Occupancies That May Require Permits.
The City Manager, the Fire Chief, and any person appointed or designated by the Fire Chief shall act as a committee to determine and specify, after giving the affected person(s) an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in the Fire Code. The Chief of the Fire Prevention Bureau shall post a list of such new materials, processes, or occupancies in a conspicuous place in the Fire Prevention Bureau and distribute copies thereof to interested persons upon request and payment of any copying costs.
(Ord. 1982, Repealed and Replaced, 12/13/2022)