§ 12.5

The chief engineer, or any member he or she may designate, is authorized and empowered to inspect from time to time, but not less frequently than twice yearly, all buildings or premises where accumulations of combustible materials or other hazardous conditions are liable to exist, and to order such changes or removals as in his opinion are necessary for safety from fire, principally in the business and industrial sections; provided, that such changes or removals are authorized by law or ordinance. For the purpose of inspection the chief engineer is hereby empowered to enter any and all buildings or premises at any reasonable hour. Records should be kept of all inspections, including notes and sketches, which shall become permanent records of the fire department.

The chief engineer, or any member he or she may designate, is authorized and empowered to inspect all premises that are licensed by the city to conduct business within the city limits on an annual basis whether or not accumulations of combustible materials or other hazardous conditions are liable to exist, and to order such changes or removals as in his opinion are necessary for safety from fire; provided, that such changes or removals are authorized by law or ordinance. For the purpose of inspection the chief engineer is hereby empowered to enter any and all buildings or premises at any reasonable hour. Records should be kept of all inspections, including notes and sketches, which shall become permanent records of the fire department.

(Ord. No. 438, §4.)

(Ord. No. 2016-03, § 1, 3-15-2016)

The city council finds that while no business or enterprise is immune from the risk of fire, there are many businesses and other enterprises situated in the city that have a much lower risk than others due to the nature of the activities conducted on the premises. Examples of these low risk establishments include, but are not limited to: offices; small mercantile stores; and other similar enterprises.

The chief engineer shall establish a self-inspection program whereby the owner of the establishment may perform an annual safety inspection of their premises based on a checklist developed by the fire department for that purpose. The chief engineer or his or her designate shall notify business situated in Brawley that in his or her judgment are suitable for the self- inspection program that they may participate.

The self-inspection program shall be optional. Establishments that are eligible to participate may opt out of the program, in which case the chief engineer or his designate shall perform the normal physical inspection of the premises.

An establishment participating in the self-inspection program shall return the completed self-inspection checklist to the fire department within 30 days of delivery of the same to the establishment by first-class mail postage prepaid, along with any fee set by the council pursuant to this chapter. The chief engineer may, but is not required to, provide reminders to

participants who fail to return the checklist and fee in a timely manner. If an establishment does not return the checklist and fee in a timely manner, the chief engineer may drop the establishment from the self-inspection program and require the establishment to submit their premises to the normal physical inspection.

An owner of an establishment situated in the Brawley city limits may request to be included in the self-inspection program. The chief engineer or his or her designate shall review any such request and make the determination whether the activities conducted on the subject premises are suitable for the self-inspection program. If the chief engineer designates the review to another member of the department, an owner requesting permission to participate in the program who has been denied permission shall have the right to appeal that denial to chief engineer. Any request to be included in the program shall be made in writing to the chief engineer. Likewise, any appeal of a decision to be excluded from the program shall be made in writing to the chief engineer. There shall be no right to a hearing regarding a request or an appeal. The decision of the chief engineer, whether in the first instance or on appeal shall be final.

Records of self-inspections shall become permanent records of the fire department.

(Ord. No. 2016-03, § 1, 3-15-2016)

The city council may, by resolution, establish fees for inspections conducted by the fire marshal pursuant to this Code.

The city council may, by resolution, establish a fee for processing records of self-inspections conducted pursuant to this Code.

(Ord. No. 2016-03, § 1, 3-15-2016)