Chapter 8.12
FIRE PREVENTION1
Sections:
8.12.010 Adoption of fire code.
8.12.010 Adoption of fire code.
There is hereby adopted by the city council of the city of Etna for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the California Fire Code, Title 24, California Code of Regulations, Part 9, incorporating the International Fire Code published by the International Code Council, being particularly the 2013 Edition, including the appendices thereof, and the International Fire Code Standards published by the International Code Council, being particularly the 2013 Edition, and the wholes thereof, save and except such portions as hereinafter deleted, modified or amended herein. Not less than one copy of such code has been and now is filed with the clerk of the city of Etna. (Ord. 212, 2014)
8.12.020 Enforcement.
A. The chief of the city of Etna fire department or his or her designee shall have authority to enforce this chapter and issue citations for violations of this code pursuant to Section 832 of the California Penal Code.
B. The chief of the city of Etna police department or his or her designee shall have authority to enforce this chapter and issue citations for violations of this code pursuant to Section 832 of the California Penal Code. (Ord. 212, 2014)
8.12.030 Findings.
The findings of fact are filed separately with the California State Fire Marshal’s Office, State Department of Housing and Community Development and the city of Etna. (Ord. 212, 2014)
8.12.040 Definitions.
A. Whenever the words “International Fire Code” are used in this chapter, they shall mean the California Fire Code, Title 24, California Code of Regulations, Part 9, incorporating the 2013 Edition of the International Fire Code.
B. Wherever the word “municipality” is used in the International Fire Code, it shall mean the city of Etna.
C. Wherever the words “Chief” or “Chief of the Bureau of Fire Prevention” are used in the International Fire Code, they shall mean the chief of the city of Etna fire department or his or her designee. (Ord. 212, 2014)
8.12.050 Modifications.
A. The chief or his/her designated representative may modify any of the provisions of the International Fire Code upon application in writing by the owner or lessee, or his/her duly authorized agent, when the chief or his/her designated representatives determine there are practical difficulties in the way of carrying out the strict letter of the code; provided, that the spirit of the code shall be observed, public safety secured, and substantial justice done. The particulars of such modification when granted or allowed and the decision of the chief or his/her designated representative thereof shall be entered upon the records of the department and a signed copy shall be furnished to the applicant.
B. For the purposes of this section, the cost of compliance with the provisions of this code shall not constitute a practical difficulty. (Ord. 212, 2014)
8.12.060 Appeals.
Any person aggrieved by any decision or action of the chief may appeal to the Etna city council, by filing a written notice of appeal with the city clerk within 30 days from the date such decision or action was taken. (Ord. 212, 2014)
8.12.070 Penalties.
A. Any person who violates any of the provisions of this chapter and the code hereby adopted or fails to comply therewith, or who violates or fails to comply with any order made hereunder, or who builds in violation of any detailed statement of specifications or plans hereunder, or who fails to comply with such an order as affirmed or modified by the city council of Etna or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation be guilty of an infraction. Any person who violates Appendix Chapter 1, Section 109.2.3.1, Citations, Section 109.2.2, Compliance with Orders or Notices, and Section 109.2.4, Unauthorized Tampering, shall be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons shall be required to correct or remedy such violation or defects within a reasonable time to be determined by the chief on a case-by-case basis. When not otherwise specified each day or portion thereof during which any violation occurs or continues shall constitute a separate offense.
B. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. (Ord. 212, 2014)
Code reviser’s note: Ordinance 212 adds the provisions of this chapter as Chapter 8.09. The chapter has been editorially renumbered to prevent duplication of numbering.