Chapter 1 — SCOPE — Corte Madera Municipal Code

Section 101.1 of Chapter 1 is amended to read as follows:

Section 101.1 Title. These regulations and locally adopted standards shall be known as the Fire Code of the Town of Corte Madera, hereinafter referred to as "this code."

Section 102.5 of Chapter 1 is hereby amended to read as follows:

Section 102.5 Application of Residential Code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:

Construction and designed provisions: Provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure when specifically required by this code including, but not limited to, Section 903.2 and Chapter 12 shall apply. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall also apply.

Administrative, operational and maintenance provisions of this code shall apply.

Section 102.7.3 is hereby added to Chapter 1 and shall read as follows:

Section 102.7.3 Nationally Recognized Listed Products. Any installation of products and equipment due to permits required by this Code shall be Labeled and Listed, as defined in Section 202.

Section 104.1.1 is hereby added to Chapter 1 and shall read as follows:

Section 104.1.1 Supplemental Rules, Regulations and Standards or Policies. The Fire Code Official is authorized to render interpretations of this code and to make and enforce rules and supplemental regulations and to develop Fire Protection Standards or Policies to carry out the application and intent of this code.

Section 104.12 is hereby added to Chapter 1 and shall read as follows:

Section 104.12. Fire Prevention Resource Sharing. Other enforcement agencies shall have authority to render necessary assistance in plan review, inspection, code interpretation, enforcement, investigation and other fire prevention services when requested to do so.

Section 105.5 of Chapter 1 is hereby amended by adding the following additional operational permits:

105.5 Required Operational Permits. The Fire Code Official is authorized to issue operational permits for operations set forth in Sections 105.5.1 through 105.5.60.

Section 105.5.60 of Chapter 1 is hereby added to read as follows:

105.5.60 Local Operational Permits. In addition to the permits required by section 105.5, the following permits shall be obtained from the Fire Prevention Bureau prior to engaging in the following activities, operations, practices or functions:

Fire Protection Plan. An operational permit is required to implement a fire protection plan.

Radioactive Material. An operational permit is required to store or handle at any installation more than 1 microcurie (37,000 Becquerel) of radioactive material not contained in a sealed source or more that 1

millicurie (37,000,000 Becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which specific license from the Nuclear Regulatory Commission is required.

Section 105.6 of Chapter 1 is hereby amended by adding the following additional construction permits:

Section 105.6 Required Construction Permits. The Fire Code Official is authorized to issue construction permits for work as set forth in Sections 105.6.1 through 105.6.26.

Section 105.6.26 of Chapter 1 is hereby added to read as follows:

105.6.26 Local Construction Permits. In addition to the permits required by section 105.6, the following permits shall be obtained from the Fire Prevention Bureau prior to installation of the following:

Exterior Wildfire Protection Systems. A construction permit is required for the installation of or design modification to an Exterior Wildfire Protection System as regulated by section 918.

Home Backup Generator. A construction permit is required for the installation of a home backup generator as regulated by section 1218.

Vegetation Management Plan. A construction permit is required to implement a vegetation management plan.

Section 113.4 of Chapter 1 is hereby amended to read as follows:

Section 113.4 Violation Penalties. Any person who commits a violation of any provision of this code or fails to comply with any of the requirements thereof or who erects, installs, alters, repairs or does work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, is guilty of a misdemeanor, punishable by a fine of not more than $1000 dollars or by imprisonment not exceeding 180 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Any person violating any of the provisions of this code shall be subject to civil penalties, abatement, administrative penalties, pursuant to Chapter 9.05 of the Town's Municipal Code or any other remedy available by law.

The imposition of one penalty of any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 113.4.1.1 of Chapter 1 is added to read as follows:

Section 113.4.1.1 Abatement of Clearance of Brush or Vegetative Growth from Structures. The Town Council is authorized to instruct the Fire Code Official to give notice to the owner of the property upon

which conditions regulated by section 304.1.2 of Chapter 3 exist, or other applicable violation of Chapter 15.02, to correct such conditions. Subject to the nuisance abatement procedures of the Town of Corte Madera in Chapter 9.04, if the owner fails to correct such conditions, the Town Council is authorized to cause the same to be done and make the expense of such correction a lien upon the property where such condition exists.

Section 113.4.2 is hereby added to Chapter 1 and shall read as follows:

113.4.2 Corrective Actions.

The owners of real property within the Town shall be responsible for the maintenance of such property in conformance with the vegetation management standards of the Town of Corte Madera. Failure of the property owner to maintain such property in compliance with these vegetation management standards shall constitute a public nuisance and be subject to the nuisance abatement procedures established by Chapter 9.04 of the Town Municipal Code and the administrative citation procedures established in Chapter 9.05 of the Town Municipal Code.

Nothing in this section shall prevent the Town from taking such other action or commencing such other proceedings than the nuisance abatement proceedings in Chapter 9.04. The procedures provided by Chapter 9.04 are an alternative to any other procedure adopted by the Town Council for the abatement of public nuisances, or which may be authorized by federal or state law or any provision of the Municipal Code and are not intended to be an exclusive remedy for any violation of this Chapter.

Nothing contained in this section shall be construed as requiring the Town to enforce the vegetation management standards of the Town of Corte Madera against any and all properties that may be in violation of those standards. The manner and method by which this section is enforced rests entirely at the Town's prosecutorial discretion. Nothing in this section shall be construed as imposing a duty on the Town, or on Town officers, agents, or employees.

Section 114.4 of Chapter 1 is hereby amended to read as follows:

Section 114.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine not less than $100 dollars or more than $1000 dollars.

Section 116 is hereby added to Chapter 1 and shall read as follows:

Section 116 DAMAGES AND EXPENSE RECOVERY.

Section 116.1 Damages and Expense Recovery. The expense of securing any emergency that is within the responsibility for enforcement of the Fire Chief as given in Section 104 is a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be

collectible by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency, monitor remediation, and clean up.