Chico Municipal Code Ch. 16.42 Fire Regulations - General Provisions

The purpose of the fire regulations adopted by this title is to safeguard life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or structures.

(Ord. 1752 §3 (part), Ord. 2491 §11 (part))

The fire marshal shall be primarily responsible for administration of the fire regulations adopted by this title, subject to the overall direction and control of the fire chief. In carrying out such responsibility, the duties of the fire marshal shall include but not be limited to the application of the fire regulation standards adopted by Chapter 16.46 of this title, issuance of the permits required by Chapter 16.48 of this title, conduction of the inspections and tests required by Chapter 16.50 of this title, undertaking the enforcement actions provided for in Chapter 16.52 of this title, as well as the administration and enforcement of Chapter 16R.42 of Title 16R.

(Ord. 1752 §3 (part), Ord. 2491 §11 (part))

At least one copy of all Uniform Fire Codes or other fire regulation standards adopted by Chapter 16.46 of this title, as well as all state fire regulations published in Titles 19 and 24 of the California Code of Regulations, including the 2016 California Fire Code, as promulgated in Part 9, Title 24 of the California Code of Regulations ("CFC") and all regulations adopted in the CFC amending or repealing a section, chapter, or part of the International Fire Code, as adopted by Chapter 16R.42 of Title 16R of this code, shall be available for review by the general public in the fire marshal's office.

(Ord. 1752 §3 (part), Ord. 2113 §2, Ord. 2268, Ord. 2491 §11 (part))

Any notice required to be served on a person pursuant to the provisions of the fire regulations adopted by this title shall be deemed served when made in writing and either personally delivered to such person or deposited in the U.S. mail, registered and postage prepaid, addressed to such person's last known address. Provided that when a notice is required to be served on the owner of any premises, such notice may be served by depositing a copy of same in the U.S. mail, registered and postage prepaid, addressed to owner of the premises at the address as it appears on the last equalized assessment roll of the county. Service of a notice by mail in a manner provided by this section shall be effective on the date of mailing and the failure of any person to receive such notice shall not affect the validity of the notice.

(Ord. 1752 §3 (part), Ord. 2268, Ord. 2491 §11 (part))

A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the fire marshal under the fire regulations adopted by this title may apply to the fire chief for administrative review of such determination or action.

B. Applications for Administrative Review. Applications for the administrative review of a determination made or action taken by the fire marshal shall be in writing and shall be filed in the office of the fire chief no later than fifteen days following the date such determination or action was made or taken, or where a written notice of such determination or action is required to be served, no later than fifteen days following the date such notice is served; provided, however that the fire chief may extend the time for filing an application for the administrative review of a determination made or action taken by the fire marshal for good cause shown. In addition to setting forth a request for administrative review of a determination made or action taken by the fire marshal, such application shall contain a brief statement of the reasons why the applicant believes such determination or action does not comply with the fire regulations adopted by this title and the relief requested by the applicant from such determination or action.

C. Decision on Application for Administrative Review. Upon the filing of an application for administrative review of a determination made or action taken by the fire marshal, the fire chief shall consider the application and render a decision either affirming the determination or action of the fire marshal or reversing or modifying such determination or action. Prior to rendering a decision, the fire chief may, with sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision. Notice of the date, time, and place of such hearing shall be served a reasonable time prior to the hearing on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the fire marshal and who has filed with the fire chief a written request for notice of such decision. After rendering a decision, the fire chief shall promptly inform the fire marshal of the decision and cause a notice of the decision to be served on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the fire marshal and who has filed with the fire chief a written request for notice of such decision.

D. Stay of Determination Made or Action Taken by the Fire Marshal Pending Administrative Review. Any determination made or action taken by the fire marshal, save and except for an order revoking a permit, an order to stop work, or an order to vacate premises, which is made by the fire marshal pursuant to Chapter 16.52 of this title shall be stayed pending a decision of the fire chief on the application for administrative review of such determination or action.

(Ord. 1752 §3 (part), Ord. 2268, Ord. 2491 §11 (part))

A. Right to Appeal. Any person aggrieved by a decision of the fire chief following the filing of an application for the administrative review of a determination made or action taken by the fire marshal, may appeal such decision to the city council within the time and in the manner provided for by Title 2 of this code.

B. Stay of Decision of Fire Chief Pending Appeal. Any decision of the fire chief on an application for administrative review of a determination made or action taken by the fire marshal, save and except for a decision affirming or modifying an order revoking a permit, an order to stop work or an order to vacate premises which is made by the fire marshal pursuant to Chapter 16.52 of this title, shall be stayed pending a decision of the city council on such appeal.

(Ord. 1752 §3 (part), Ord. 2004 §22, Ord. 2491 §11 (part))

A person shall be deemed "aggrieved" for purposes of the administrative review of a determination made or action taken by the fire marshal or for purposes of the appeal of a decision of the fire chief following the filing of such application for administrative review, if such determination, action, or decision has a significantly greater affect on such person than on the public in general.

(Ord. 1752 §3 (part), Ord. 2491 §11 (part))

The fire regulations adopted by this title shall not apply to nor govern any condition where the local regulations of such condition are preempted by any federal or state law. Provided, however, that the purpose of this section is merely to confirm existing law and is not intended to grant an exemption or exclusion from compliance with the city's fire regulations in any instances where the city may exercise jurisdiction under the laws of the federal and state government as well as the City Charter and this code.

(Ord. 1752 §3 (part), Ord. 2491 §11 (part))