East Palo Alto Municipal Code Art. II District Fire Marshal—Powers and Duties

The East Palo Alto department of fire protection is established and shall be administered by the district fire marshal.

(Prior code § 4-2.201)

The district fire marshal shall organize and conduct fire prevention, protection and fire fighting activities in the incorporated area of East Palo Alto, so long as there shall be in effect an agreement for the Menlo Park fire protection district to provide fire protection services for the city.

(Prior code § 4-2.202)

The city council of East Palo Alto delegates the authority to the district fire marshal to appoint from qualified personnel on the marshall's staff such assistant and deputy district fire marshals as may be necessary to perform those duties relating to fire fighting, fire protection or prevention as are required. The district fire marshal, assistant and deputy fire marshals shall aid in enforcing all laws and ordinances and rules and regulations adopted by the State Fire Marshal relating to fires or to fire prevention and protection and shall exercise peace officer powers in the discharge of their duties.

(Prior code § 4-2.203)

All technical interpretations of the fire prevention or protection provisions of this chapter shall be made by the district fire marshal.

(Prior code § 4-2.204)

The district fire marshal shall make such inspections of buildings, premises, land uses and fire appliances as may be necessary, for the purpose of ascertaining and causing to be corrected any conditions which may be in violation of the provisions of this chapter or any state law or regulation involving fire safety.

(Prior code § 4-2.205)

The district fire marshal shall investigate the origin, cause and circumstances of every fire occurring within the area served by the East Palo Alto department of fire protection which involves loss of life or injury to person or property. If, after such investigation, it appears that the fire is of suspicious origin, the district fire marshal shall take immediate charge of all physical evidence relating to the cause of the fire and shall pursue the investigation to its conclusion.

(Prior code § 4-2.206)

A. Whenever the district fire marshal shall find this chapter being violated, he/she shall issue such written orders as are necessary for its enforcement. A written order requiring compliance shall include a time limit for compliance, taking into account the hazard and danger created by the violation.

B. Notwithstanding the above, whenever the district fire marshal finds the use or any building, structure or premises to be so defective or otherwise unsafe that it constitutes an immediate and substantial fire hazard to life and property, he shall issue such written notices to alter such use as may be necessary. Until all conditions of such written notices have been met, the building structure or premises which has caused the fire hazard shall not be used or be permitted to be used.

C. All orders issued pursuant to this section may be served by personal delivery to the owner of the property. Service of the order is deemed complete at the time of such delivery. If a copy of the order cannot with reasonable diligence be personally delivered to the person to be served, the order may be served by leaving a copy at the owner's residence, usual place of abode, or usual place of business. The order shall be delivered to a competent member of the household or a person apparently in charge of the office or place of business, at least eighteen (18) years of age, who shall be informed of the content thereof. If no such person is found on the premises, the order may be served by affixing a copy of the order in a conspicuous place adjacent to the entrance of the premises, and thereafter mailing a copy, by certified mail, to the person sought to be served. Service of the order shall be deemed complete on the tenth day after such mailing. Any order issued and served pursuant to this section shall be complied with by the owner of the property or the person having control of the property.

(Prior code § 4-2.207)

The district fire marshal shall keep a record of all fires occurring within the incorporated area of the city. This record shall contain a description of the extent of each fire, the damage caused thereby and the cause of each fire, if determinable, together with such other facts as are relevant. All such records shall be kept for a period of not less than three years.

(Prior code § 4-2.208)

No person, firm, corporation or association shall permit any fire hazard to exist in or upon their premises or in an area under their control, or fail to take immediate action to abate a fire hazard when requested to do so by the district fire marshal.

(Prior code § 4-2.209)

No building may be constructed, erected or moved within or into any fire zone, as established by the East Palo Alto Municipal Code, unless that building meets the requirements set forth in the currently adopted edition of the Uniform Building Code for that particular fire zone.

(Prior code § 4-2.210)

The district fire marshal shall have the duty and authority to direct such operations as may be necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported gas leaks or other hazardous conditions, and to take such action as is necessary in the reasonable performance of his duty. In the exercise of such power, the district fire marshal may prohibit any person or vehicle from approaching a fire, rescue or investigation scene and may remove or cause to be removed from such a scene any vehicle impeding or interfering with the operations of the department of fire protection and any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.

(Prior code § 4-2.211)

No person shall obstruct the operations of the department of fire protection in connection with extinguishing any fire, or other emergency, or disobey any lawful command of any officer of the department of fire protection who may be in charge.

(Prior code § 4-2.212)

The district fire marshal or other officer of the department of fire protection in charge at the scene of an emergency shall have the authority to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operations as to prevent accident or interference with the actions of the department of fire protection.

(Prior code § 4-2.213)

No person shall molest, tamper with, damage or otherwise disturb any apparatus, equipment or appurtenance belonging to, or under the supervision and control of the department of fire protection.

(Prior code § 4-2.214)

No person shall remove, tamper with, or otherwise disturb any fire appliance, except for the purpose of extinguishing fire, training purposes, recharging, or making necessary repairs, or when permitted by the district fire marshal.

(Prior code § 4-2.215)

No person, except a person authorized by the district fire marshal or a public officer acting within the scope of his public duties, shall remove, unlock, destroy or tamper with any lock, gate, door, barricade, chain, enclosure, sign, tag or seal which has been lawfully installed by the department of fire protection.

(Prior code § 4-2.216)

A. The district fire marshal may install and lock one or more gates, cables or other barricades to prevent the use by unauthorized persons of any road, that is not a public road, over which the department of fire protection has the right to pass, whether by easement, license, public ownership, or otherwise, for purposes relating to fire prevention or control.

B. No person, except a public officer acting within the scope of his public duties, shall trespass upon any road or trail which has been closed in accordance with this section, without first obtaining the permission of the district fire marshal; nor shall any person park any vehicle so as to obstruct the entrance to such road or trail.

(Prior code § 4-2.217)

No person shall place or keep any post, fence, plants, trash or other material or thing near any fire hydrant that would prevent such hydrant from being immediately discernible or accessible, nor in any other manner deter or hinder the fire department from gaining immediate access to a fire hydrant.

(Prior code § 4-2.218)

No person shall use, operate or tamper with any hydrant or other valve installed on any water system intended for fire suppression purposes unless such person first secures permission from the water purveyor owning, controlling or supplying the system or is an employee of the water purveyor.

(Prior code § 4-2.219)

A. No person, except public officers acting within the scope of their duties, shall travel upon, or drive or park any motorcycle, motor scooter, or other motor vehicle upon any fire road or firebreak beyond the point where travel is restricted by a cable, gate or sign, without the permission of the property owner or owners involved. No person shall park any vehicle so as to obstruct the entrance to any fire road or firebreak.

B. No person shall install or maintain a radio or television aerial, or guy wires or communication or electrical wires thereto, or any other construction on any fire road or firebreak, which is less than sixteen (16) feet above such fire road or firebreak.

(Prior code § 4-2.220)

No person shall install, place, keep or maintain any bars, grates or other obstructions across the opening of any window of any sleeping room or any building which may deter or hinder an occupant from using the window as a means of escape from a fire originating within the building. This section shall not apply to state, city or county jails or other detention facilities.

(Prior code § 4-2.221)