Berkeley Municipal Code Ch. 12.50 Fire Inspection Program

The intent of this chapter is to prevent fire and protect life and property against fire by requiring annual fire inspections of certain properties, for the purposes of ascertaining and causing to be corrected any conditions which would reasonably tend to cause fire or contribute to its spread and identifying any violation of applicable laws affecting fire safety. (Ord. 5462-NS § 1, 1982)

A. The Berkeley Fire Department shall conduct an annual fire prevention inspection of every building, property or structure referred to in Section 12.50.040 herein. The Fire Chief or their designee may conduct reinspections of said buildings, properties or structures whenever the Fire Chief deems it necessary to assure the correction of any violation of applicable laws affecting fire safety or of any conditions which would reasonably tend to cause fire or contribute to its spread.

B. Fire prevention inspections shall be conducted in accordance with the requirements of the Berkeley Fire Code, the Health and Safety Code of the state of California and other applicable laws affecting fire safety; and shall include but are not limited to the enforcement of laws and regulations pertaining to the following:

1. The prevention of fires.

2. The storage, use and handling of explosive, flammable, toxic, corrosive and other hazardous gaseous, solid and liquid materials.

3. The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment.

4. The maintenance and regulation of fire escapes.

5. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction.

6. The means and adequacy of each exit in the event of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters and all other places in which people work, live or congregate from time to time for any purpose.

C. The Fire Chief or their designee shall notify the owner, operator, occupant, or other person responsible for the building, property or structure of any violations of any applicable laws or ordinances governing fire safety.

D. Every notice shall order compliance with the applicable fire safety laws or ordinances and shall set forth a time limit for compliance dependent upon the Fire Chief’s determination of the degree of hazard and danger created by the violation. If compliance is not completed within the prescribed time limit, the person(s) whose name(s) appear(s) on the notice shall be guilty of an infraction pursuant to Section 1.20.020 of the Berkeley Municipal Code and shall be subject to the penalties thereunder. The penalty provided in this section is in addition to any other penalty or remedy authorized by law. (Ord. 5583-NS § 1 (part), 1983; Ord. 5462-NS § 2, 1982)

The fire inspection provided by this chapter shall be conducted at a date and time established by the Fire Department, provided, however, that nothing in this chapter shall be construed to prevent the Berkeley Fire Chief or designated representative from entering and inspecting any building or premises for the purpose of enforcing applicable laws pertaining to fire prevention and suppression. (Ord. 5462-NS § 3, 1982)

The provisions of this chapter shall apply to all commercial, industrial and institutional buildings and properties in the City of Berkeley and to residential structures of three units or more. (Ord. 5462-NS § 4, 1982)

A. "Building" shall mean any structure used or intended for supporting or sheltering any use or occupancy.

B. "Commercial" as defined by Alameda County Procedural Manual No. 012, "Use Codes of Property", shall include but not be limited to motels, offices including medical and dental, banks, theaters, garages, auto dealerships, service stations, parking lots, funeral homes, nursing homes, hospitals, hotels, stores, restaurant and shopping centers.

C. "Industrial" as defined by Alameda County Procedural Manual No. 012, "Use Codes of Property", shall include but not be limited to warehouses, factories, trucking terminals, wrecking yards.

D. "Institutional" as defined in Alameda County Procedural Manual No. 012, "Use Codes of Property," shall include but not be limited to schools, churches and public utilities.

E. "Property" shall mean but not be limited to any parcel of land identified within the City of Berkeley in the records of the Alameda County Assessor’s Office and any buildings and other structures, including those under construction, thereon. (Ord. 5583-NS § 1 (part), 2, 1983; Ord. 5462-NS § 5, 1982)

The City Council shall establish by resolution a fee schedule to cover the costs of the fire prevention inspection program. The City Manager or their designee shall collect and receive all fees imposed by this chapter. The City Manager may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of the collection of fees, including provisions for correction of returns and amounts of payment. (Ord. 5462-NS § 6, 1982)

This chapter shall not be construed to hold the City of Berkeley or any officer or employee responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein provided, or any failure to inspect or reinspect, or for any action in connection with the control or extinguishment of any fire or in connection with any other official duties. (Ord. 5583-NS § 1 (part), 1983; Ord. 5462-NS § 7, 1982)