Chapter 14.20.270
Fire Code and Administration of Fire Code
Sections:
14.20.270.010 Title.
14.20.270.020 Purpose.
14.20.270.030 Administration.
14.20.270.040 Definitions.
14.20.270.050 Establishment and duties of the Fire Prevention Bureau.
14.20.270.060 Enforcement.
14.20.270.070 Modifications and appeals.
14.20.270.080 New materials, processes or occupancies that may require permits.
14.20.270.010 Title.
Chapters 14.20.270 through 14.20.272 of this code shall be known as the Fire Code of the City of Vacaville, also referred to herein as the “Fire Code.”
(Ord. 1837, Amended, 03/22/2011; Ord. 1791, Amended, 12/11/2007)
14.20.270.020 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 adoption of the Fire Code.
The regulations of Chapters 14.20.270 through 14.20.272 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. 1837, Amended, 03/22/2011; Ord. 1791, Amended, 12/11/2007)
14.20.270.030 Administration.
The provisions of the Fire Code shall be administered by the Fire Chief.
(Ord. 1837, Amended, 03/22/2011; Ord. 1791, Amended, 12/11/2007)
14.20.270.040 Definitions.
The following words and phrases as used in the Fire Code of the City of Vacaville and Chapters 14.20.270 through 14.20.272 shall mean the following:
A. The phrase “California Fire Code” shall mean the California Fire Code, 2010 Edition, as published by the California Building Standards Commission.
B. The phrase “Chief of the Fire Prevention Bureau” shall mean the Fire Marshal of the City of Vacaville.
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 of Vacaville.
G. The phrase “Fire Code Official” shall mean the department head of the Fire Department only.
H. The phrase “Fire Department” shall mean the Fire Department of the City of Vacaville.
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. 1837, Amended, 03/22/2011; Ord. 1791, Amended, 12/11/2007; Ord. 1677, Amended, 10/23/2002)
14.20.270.050 Establishment and duties of the Fire Prevention Bureau.
The Fire Prevention Bureau and its duties are established as follows:
A. The Fire Code, as adopted and amended herein, shall be enforced by the Fire Prevention Bureau in the Fire Department of the City, which is hereby established and which shall be operated under the supervision of the Fire Chief of the Fire Department.
B. The person in charge of the Fire Prevention Bureau shall be appointed by the Fire Chief of the Fire Department and shall have the title of “Fire Marshal.”
C. The Fire Chief of the Fire Department shall recommend to the City Manager the employment of additional fire inspectors.
D. The Fire Chief of the Fire Department may designate such members of the Fire Department as fire inspectors as the Fire Chief deems necessary from time to time. The Fire Chief may assign operational or other members of the Fire Department to the Fire Prevention Bureau as may be required or deemed necessary by the Fire Chief from time to time.
(Ord. 1837, Amended, 03/22/2011; Ord. 1791, Amended, 12/11/2007; Ord. 1677, Amended, 10/23/2002)
14.20.270.060 Enforcement.
The Fire Chief shall be responsible for enforcement of the codes set forth in Chapters 14.20.270 through 14.20.272. Enforcement of 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, 308.3.2, 311, 901.6, 3301, and 3308 of the California Fire Code, 2010 Edition, or any other sections 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.
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 14.20.270 through 14.20.272, shall, for each and every such violation and/or noncompliance, be guilty of an infraction.
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 10 days 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 forced removal of conditions prohibited by the Fire Code.
(Ord. 1837, Amended, 03/22/2011; Ord. 1791, Amended, 12/11/2007; Ord. 1677, Amended, 10/23/2002)
14.20.270.070 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 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. Whenever the Fire Chief disapproves an application or denies a modification or permit applied for, the applicant may appeal the decision of the Fire Chief to the City Manager as set forth in Section 108 of the California Fire Code, 2010 Edition. The justification or reasons for the City Manager’s decision on the appeal shall be entered upon the records of the Fire Department and a signed copy of the City Manager’s decision shall be furnished to the applicant.
(Ord. 1837, Amended, 03/22/2011; Ord. 1791, Amended, 12/11/2007; Ord. 1677, Amended, 10/23/2002)
14.20.270.080 New materials, processes or occupancies that may require permits.
The City Manager, the Fire Chief, and the Chief of the Fire Prevention Bureau shall act as a committee to determine and specify, after giving affected persons 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.
(Ord. 1837, Amended, 03/22/2011; Ord. 1791, Amended, 12/11/2007)
Ordinance History Division 14.20, Construction and Fire Standards
Ch. 14.20.270, Administration
Ord. 1595, §13, 1998
Ord. 1548, §3, 1995, adopted