Chico Municipal Code Ch. 16.52 Fire Regulations - Enforcement

The fire regulations adopted by this title, including those adopted by Chapter 16R.42 of Title 16R of this code, may, upon any violation thereof, be enforced by the enforcement actions and penalties provided for in this chapter. Except as otherwise specifically set forth in this chapter, all enforcement actions and penalties provided for herein shall be deemed cumulative, and the commencement and/or imposition of any one such enforcement action or penalty as a result of a violation of the fire regulations adopted by this title, including those adopted by Chapter 16R.42 of Title 16R of this code, shall not preclude the commencement and/or imposition of any other enforcement action or penalty for the same violation.

(Ord. 1752 §3 (part), Ord. 2491 §16 (part))

A. Determination by Fire Marshal to Request Correction of a Violation. Whenever the fire marshal determines that a condition exists which violates the fire regulations adopted by this title, the fire marshal may, by service of the notice required by this section, request such violation to be corrected.

B. Service of Notice Requesting Correction of a Violation. Upon determining to request the correction of a violation of the fire regulations adopted by this title, the fire marshal shall cause a written notice of such request to be served on any person known by the fire marshal to be wholly or partially responsible for such violation as well as the owner of any premises on or within which the violation has occurred. Such notice shall contain a brief description of the nature of the violation, the action to be taken to correct the violation and a date certain by which such corrective action must be completed, shall contain a statement of the right of a person aggrieved by the determination of the fire marshal that a violation has occurred to apply for administrative review of such determination and to appeal such determination in the manner provided for by Chapter 16.02 of this title, and shall advise the person upon whom the notice is served that a failure to correct the violation on or before the date required by the notice may subject such person to the infraction penalties provided for in Section 16.52.090 of this chapter.

C. Effect of Request to Correct Violation. Any person served with a notice of the request of the fire marshal to correct a violation of the fire regulations adopted by this title shall cause such violation to be corrected on or before the date required by such notice. Provided, however, that if a person is served with a notice to correct a violation, such person shall not be subject to any of the infraction penalties provided for in Section 16.52.090 of this chapter unless such person fails to correct such violation on or before the date required by such notice.

(Ord. 1752 §3 (part), Ord. 2491 §16 (part))

A. Determination by the Fire Marshal to Order the Revocation of a Permit. Whenever the fire marshal determines that a permit was issued pursuant to the provisions of Chapter 16.48 of this title and CFC Section 105, as adopted by Chapter 16R.42 of Title 16R of this code based on a permit application or on plans and specifications or other data and information submitted as part of the permit application which contained a material misrepresentation of fact, that such permit authorizes an activity or operation which is in violation of the fire regulations adopted by this title, or that any activity or operation authorized by the permit is being conducted at a place or in a manner which violates the fire regulations adopted by this title and/or the terms and conditions of such permit, the fire marshal may, by service of the notice required by this section, order the revocation of such permit.

B. Service of Notice of Order Revoking a Permit. Upon determining to order the revocation of a permit issued pursuant to the provisions of Chapter 16.48 of this title and CFC Section 105, as adopted by Chapter 16R.42 of Title 16R of this code, the fire marshal shall cause a written notice of such order to be served on the person to whom the permit was issued. In addition to setting forth the order of the fire marshal revoking such permit, such notice shall contain a brief description of the reasons why the permit is being revoked and the action, if any, which may be taken in order to cause the permit to be reinstated or reissued, shall contain a statement of the right of a person aggrieved by the order to apply for administrative review of the order and to appeal the order in the manner provided for by Chapter 16.02 of this title, and shall advise the person upon whom the notice is served that unless and until such permit is reinstated or reissued, further participation in the activity or operation for which the permit was issued may subject such person to the misdemeanor penalties provided for in Section 16.52.090 of this chapter.

C. Effect of Order Revoking a Permit No person served with a notice of the order of the fire marshal revoking a permit issued pursuant to the provisions of Chapter 16.48 of this title and CFC Section 105, as adopted by Chapter 16R.42 of Title 16R of this code shall engage in any activity or conduct any operation for which the permit was issued unless and until such permit has been reinstated or reissued. Provided that, where the fire marshal has ordered a permit revoked because the application, the plans and specifications, or other data and information submitted as part of the permit application contained a material misstatement of fact, such permit shall not be reinstated or reissued unless a revised permit application has been filed, an additional permit fee has been paid and a new permit has been issued.

(Ord. 1752 §3 (part), Ord. 2491 §16 (part))

A. Determination of the Fire Marshal to Order Work to be Stopped. Whenever the fire marshal determines that work is being performed which is in violation of the fire regulations adopted by this title and/or as adopted by Chapter 16R.42 of Title 16R of this code, the fire marshal may, by service and posting of the notices required by this section, order such work to be stopped.

B. Service of Notice of Order to Stop Work. Upon determining to order work to be stopped, the fire marshal shall cause a written notice of such order to be served on any person known to the fire marshal to be primarily responsible for such work as well as the owner of any premises on which such work is being performed. In addition to setting forth the order of the fire marshal to stop work, such notice shall contain a brief description of the reasons why such work has been ordered stopped and the action, if any, which may be taken in order that such work may be resumed, shall contain the statement of the right of any person aggrieved by such order to apply for administrative review of the order and to appeal the order in the manner provided for by Chapter 16.02 of this title, and shall advise the person on whom the notice is served that unless authorized by the fire marshal, any further work may subject such person to the misdemeanor penalties provided for in Section 16.52.090 of this chapter.

C. Posting of Notice of Order to Stop Work. Upon determining to order work to be stopped, the fire marshal shall also cause a written notice of such order to be posted in a conspicuous place on any premises on or within which such work is being performed. In addition to setting forth the order of the fire marshal to stop work, such notice shall state that it is a misdemeanor for any person to perform any further work on the premises of the same or a similar nature without authorization of the fire marshal or to remove or deface the posted notice of such order.

D. Effect of Order to Stop Work. No person served with a notice of the fire marshal's order to stop work or having knowledge of such order shall cause or permit work of the same or a similar nature to be performed unless authorized by the fire marshal.

(Ord. 1752 §3 (part), Ord. 2491 §16 (part))

A. Determination of the Fire Marshal to Order the Vacation of a Building, Structure or Other Premises. Whenever the fire marshal determines that a building, structure or other premises is being occupied, used or maintained in a manner which violates the fire regulations adopted by this title, and that such occupancy, use, or maintenance has or is likely to create an imminent and serious fire hazard, the fire marshal may, by service and posting of the notices required by this section, order such building, structure or other premises to be vacated.

B. Service of Notice of Order to Vacate Building, Structure or Other Premises. Upon determining to order the vacation of a building, structure, or other premises, the fire marshal shall cause a written notice of such order to be served on the owner of such building, structure or other premises and on any person known to the fire marshal to be occupying or using such building, structure or other premises if such person is someone other than the owner of such building. In addition to setting forth the order of the fire marshal to vacate the building, structure or other premises, such notice shall contain a brief description of the reasons why such building, structure and other premises have been ordered vacated and the action, if any, which may be taken in order that the occupancy and use of a building, structure and other premises may be resumed, shall contain the statement of the right of any person aggrieved by such order to apply for administrative review of the order and to appeal the order in the manner provided for by Chapter 16.02 of this title, and shall advise the person on whom the notice was served that unless authorized by the fire marshal, the continued occupancy or use of such building, structure and other premises may subject such person to the misdemeanor penalties provided for in Section 16.52.090 of this chapter.

C. Posting of Notice of Order to Vacate Building, Structure or Other Premises. Upon determining to order the vacation of a building, structure or other premises, the fire marshal shall also cause a written notice of such order to be posted in a conspicuous place on such building, structure or other premises. In addition to setting forth the order of the fire marshal to vacate the buildings structure or other premises, such notice shall state that it is a misdemeanor for any person to occupy or use such building, structure or other premises unless authorized by the fire marshal or to remove or deface the posted notice of such order.

D. Effect of Order to Vacate Building, Structure or Other Premises. No person served with a notice of the fire marshal's order to vacate a building, structure or other premises or having actual knowledge of such order shall occupy or use such building, structure or other premises unless authorized by the fire marshal.

(Ord. 1752 §3 (part), Ord. 2491 §16 (part))

A. Determination of the Fire Marshal to Order the Abatement of a Hazardous Condition. Whenever the fire marshal determines that a condition exists which is a violation of the fire regulation standards adopted by Chapter 16.46 of this title or as adopted by Chapter 16R.42 of Title 16R of this code and that such condition has or is likely to create an imminent and serious fire hazard, the fire marshal may, by service and posting of the notices required by this section, order such hazardous condition to be abated.

B. Service of Notice of Order to Abate Hazardous Condition. Upon determining to order the abatement of a hazardous condition, the fire marshal shall cause a written notice of such order to be served on any person known to the fire marshal to have caused or otherwise be responsible for such hazardous condition as well as the owner of any premises on or within which such hazardous condition exists. In addition to setting forth the order of the fire marshal to abate the hazardous condition, such notice shall contain a brief description of the reasons why such condition has been ordered abated and the action, if any, which may be taken in order to carry out such order, shall contain the statement of the right of any person aggrieved by such order to apply for administrative review of the order and to appeal the order in the manner provided for by Chapter 16.02 of this title, and shall advise the person on whom the notice is served that unless authorized by the fire marshal, the continued maintenance of such hazardous condition may subject such person to the misdemeanor penalties provided for in Section 16.52.090 of this chapter.

C. Posting of Notice of Order to Abate Hazardous Condition. Upon determining to order the abatement of a hazardous condition, the fire marshal shall also cause a written notice of such order to be posted in a conspicuous place upon any premises on or within which the hazardous condition exists. In addition to setting forth the order of the fire marshal to abate the hazardous condition, such notice shall state that it is a misdemeanor for any person to maintain such hazardous condition or to remove or deface the posted notice of such order.

D. Effect of Order to Abate Hazardous Condition. No person served with a notice of the fire marshal's order to abate a hazardous condition or having knowledge of such order shall cause or permit such condition to continue unless otherwise authorized by the fire marshal.

(Ord. 1752 §3 (part), Ord. 2491 §16 (part))

Whenever necessary to enforce the fire regulations adopted by this title, the fire marshal may enter upon any premises located within the city at a reasonable time to inspect any building or structure, building service equipment, or sign located on or within such premises or to perform any duty imposed upon the fire marshal by the fire regulations; provided that if such premises are occupied, the fire marshal shall first present proper credentials to the occupant of the premises and demand entry; and if such premises are not occupied, the fire marshal shall first make a reasonable effort to locate the owner or other person having charge or control of the premises and demand entry. Should entry be refused, the fire marshal shall have recourse to every remedy provided by this code or the laws of the state of California to secure entry.

(Ord. 1752 §3 (part), Ord. 2491 §16 (part))

Any condition which violates the fire regulations adopted by this title shall be and is declared to be a public nuisance and the city attorney is authorized to commence an action or proceeding in a court of appropriate jurisdiction to abate such nuisance in the manner provided for by law.

(Ord. 1752 §3 (part), Ord. 2491 §16 (part))

A violation of the fire regulations adopted by this title or as adopted by Chapter 16R.42 of Title 16R of this code shall be an infraction which is punishable by a fine in an amount provided by Section 1505 of the Charter of the City of Chico; except that a violation of any order revoking a permit, order to stop work, order to vacate a building, structure or other premises, order to abate a hazardous condition, or the removal or defacement of any notice of such order posted by the fire marshal in the manner provided for in this chapter shall be a misdemeanor punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both.

(Ord. 1752 §3 (part), Ord. 2136 §8, Ord. 2491 §16 (part))