Los Angeles Municipal Code § 57.104 General Authority and Responsibilities

Section 104 of the CFC is hereby adopted in its entirety with the following exceptions, modifications, and additions, and Sections 104.1 through 104.3, and 104.4, 104.6, 104.8, 104.9 and 104.11 of the IFC are hereby adopted.

The Chief shall have the power to make and enforce such rules and regulations for the purpose of prevention and control of fires and fire or explosion hazards as may be necessary to carry out the purposes and intent of this article.

Every Rule of General Application to be followed by the public shall be authorized only by order or resolution of the Board and shall be published once in a daily newspaper and shall take effect upon such publication.

It shall be unlawful for any person to violate any rule or regulation amended by the Board in accordance with the provisions of Section 57.104.1.1.1.

When determined by the Fire Marshal, or when requested by an applicant for the applicant’s own convenience and accepted by the Fire Marshal, certain approvals may be granted which are not otherwise specifically required by Section 57.119.3. When conducting the necessary investigation and tests, preliminary to the granting of such approvals, the Department shall affix a fee for each four hours, or fraction thereof, devoted to such investigations and tests established as provided by Section 57.106.7.

1. Every approval granted in accordance with the provisions of this subsection shall be valid for a period of three years after the date of granting and may be renewed for additional three-year periods.

2. Applications for renewal of approvals shall be filed in the same manner as for an original approval.

3. Each such application shall be accompanied by a renewal fee. Whenever the application for renewal is filed prior to the expiration date of the approval, the renewal fee shall be 50% of the current fee required for the first four hours. Whenever the application for renewal is filed after the expiration date of the approval, the renewal fee shall be as required for a new approval.

4. The granting of a renewal of the approval shall be handled in the same manner as for an original approval.

Department approval of plans and specifications required by Chapter 1 of this article shall constitute the approval of alternate materials, design, or methods of compliance set forth in such plans and specifications. Such approval shall not abrogate any approval required by Chapter 9 of the Los Angeles Municipal Code for any appliance, device, or equipment.

The Chief shall have the authority to investigate the cause, origin, and circumstances of every fire, explosion, or other emergency occurring within the City. When the Chief finds that a fire, explosion or other emergency is, or may be, the result of a previously issued notice of hazard or a violation of any law, the Chief shall have the authority to take charge immediately of all physical evidence in connection therewith.

The Fire Chief or officer of the Fire Department in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the Fire Department to manage and control the situation and to handle fire apparatus, and to prevent any and all persons from passing through any such barriers, and from entering into any space set apart or enclosed by means thereof, except persons having a pass as hereinafter specified.

When conducting firefighting operations at emergencies, the Chief shall have the authority to construct emergency firebreaks, utilize aircraft, evacuate persons from the area, remove or impound vehicles in the area,

close or barricade streets, roads, drives, or other access ways both public and private, ignite backfires and conduct backfire operations, and exercise such other power and authority as will, in the Chief’s opinion, best serve to control the emergency.

Nothing in this chapter or Code shall prohibit the payment of investigative costs to the Fire Department by any person so convicted of any provision of this article, to the Fire Department to restitute said agency for all costs expended to investigate and/or enforce the provisions of this Code.

If in the course of enforcing any federal, state, or local law or ordinance, the Department issues a Fire/Life Safety Order to a person or persons and the person fails to comply with that order, the Department shall collect a Noncompliance Fee as set forth in Sections 57.104.12.1 through 57.104.12.3.

The Noncompliance Fee shall be the hourly inspector’s salary rate multiplied by the number of hours expended in re-inspections after the Fire/Life Safety Order has been issued (two-hour minimum) and shall be paid by the owner. The first re-inspection after the Fire/Life Safety Order has been issued will not be charged to the owner if the property is in compliance at the time of that re-inspection. If the property is not in compliance at the time of the first re- inspection, then time involved in all subsequent re- inspections shall be chargeable as a Noncompliance Fee.

If multiple re-inspections of a violation are required in order to gain compliance, the Department shall cause a Noncompliance Fee billing to be sent to the property owner, either at the time the Department finally gains compliance, or when the Department seeks the filing of criminal charges, unless a timely appeal has been filed. The Fire/Life Safety Order shall contain the elements required in Section 57.104.12.1.2. It shall state that the owner is required to abate the hazard; set forth a reasonable time in which to comply with the law; state that if the hazard is not abated by the date specified on the notice as the compliance date, the owner shall be responsible for Noncompliance Fees, including administrative costs; and state that these costs may ultimately result in a lien against the property. Billing of the fees shall be by United States mail, in a sealed envelope with postage paid, addressed to the last known address of the person served with the Fire/Life Safety Order. Service of the bill shall be deemed to have been completed at the time of deposit with the United States Postal Service. The person or persons served shall remit the Noncompliance Fee to the Department within 30 days after the date of service. Payment of the Noncompliance Fees may be made by cash, check, certified check, cashier’s check, money order, or credit card. If the property owner fails to make the payment in a timely manner, then the Department may demand payment of the Noncompliance Fee from the person or persons served for the property involved, prior to the issuance of any permit, certification, or approval to the person or persons served, pursuant to the authority granted by Section 57.105.5.1. If the property owner fails to pay a Noncompliance Fee imposed within 30 days, the Department shall send a second notice in the same manner described above. If the property owner fails to pay the fee within ten days after the second notice is mailed, a collection fee equal to 50% of the original Noncompliance Fee shall be imposed. This additional fee shall become part of the debt immediately due and owing to the Los Angeles Fire Department. The City shall have the right to bring legal action in any court of competent jurisdiction to enforce the Order and collect the amount of the fees. In addition to any other remedy provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8. Nothing in this section regarding the imposition of Noncompliance Fees shall prevent the Department from pursuing other legal action, including, but not limited to, the filing of criminal charges in order to gain compliance with the Fire Code.

Any property owner upon whom a Noncompliance Fee has been imposed may appeal to the Board of Fire Commissioners.

1. The appeal shall be made in writing to the Board of Fire Commissioners, upon appropriate forms provided by the Department, within 15 days of the date of service of the billing.

2. An appeal processing fee of $50.00 shall be paid by the appellant prior to the Board processing the appeal and making a determination.

3. Additional inspections may be required in order to determine compliance with the Fire/Life Safety Order for purposes of preparing a Department presentation to the Board, or designee, for determination on

appeal. The fee for these inspections shall be the hourly inspector’s salary rate multiplied by the number of hours expended (two-hour minimum) in the reinspection process, and shall be paid by the appellant.

4. In any appeal, the appellant shall cause to be made, at the appellant’s own expense, any tests required by the Board to substantiate the claims.

5. The Board may hold any hearings it deems appropriate to consider the appeal. The Board of Fire Commissioners, or its designee, shall conduct the hearings.

6. The Board shall determine whether to modify or rescind the fees, or to impose and require the owner to pay the fees. This determination shall be based on evidence in the record of any error on the part of the

Fire Department or extreme hardship on the part of the property owner. This determination by the Board shall be final. The fees and charges imposed pursuant to Section 57.104.12 of the Los Angeles Municipal Code may be collected on the County tax rolls.

The Chief shall have the authority to issue parking control notices as provided in Sections 22500, 22500.1, 22514 and 41102 of the California Vehicle Code when an illegally parked vehicle blocks access to a fire hydrant, fire lane, or obstructs access to or from a fire station.

In the event a public nuisance caused by the presence of flammable or hazardous materials is abated by the Fire Department, either pursuant to its authority under this Code or upon request by any other City department, or is abated by any other City department having authority to abate the nuisance, the costs of abatement, including any cost incurred by the City in using non-City personnel to abate the nuisance, shall be recovered by the City from the person or persons creating, causing, committing, or maintaining the nuisance. All costs incurred pursuant to this section shall be a personal obligation against the person or persons creating, causing, committing, or maintaining the nuisance and the owner of the property, recoverable by the City in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40% of the cost to perform the actual work, but not less than the sum of $100.00, to cover the City’s costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the City may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in Los Angeles Administrative Code Sections 7.35.1 through 7.35.8.

Photographs may be taken by the Fire Department as authorized in Sections 57.104.15.1 and 57.104.15.2.

After a notice of a violation of this article has been issued, sketches may be made and photographs may be taken, as are found necessary, with permission of the owner or person in charge or control of the premises.

Subsequent to a fire, explosion, or other emergency, sketches may be made and photographs may be taken, as are necessary, to adequately depict the condition for the purpose of investigation. No person shall interfere with, refuse, or obstruct such sketching or photographing.

In enforcing the provisions of this article and such orders, rules and regulations, variances and standards in connection therewith, the Chief and all sworn members are hereby given the powers of peace officer(s). They are empowered to inspect and summarily abate any condition that constitutes an immediate hazard to life by reason of fire, explosion or panic, or potential fire, explosion or panic, or otherwise by reason of the presence of hazardous materials.

The Board shall have the power to grant slight variances from the provisions of this article; provided that before authorizing such variances, the Board shall first find cause therefor in fact that strict enforcement of this article is impractical, or creates unnecessary hardship, or is otherwise adjudged unwarranted in each instance. Such variances must be in conformity with the spirit and purpose of this article and must secure the public safety.

The Board shall have the power to waive any part or all of the provisions of this article which may apply to a refinery, natural gasoline plant, or laboratory where such is found to be in an adequately separated installation at which fire protection and emergency facilities especially adapted to the needs are available and where the Board determines that by reason of such isolation and protection, the public safety is assured and no unreasonable hazard will result to persons or property.

Each application for a variance or waiver shall be filed at the office of the Bureau of Fire Prevention and Public Safety and shall be accompanied by such maps, drawings, letters, statements, and other supporting data as may be required to justify the request in question. Except when such an application is in conjunction with an application for a permit required by Section 57.105.7.1.1, it shall be accompanied by payment of a fee established by the most current cost recovery schedule published as provided by Section 57.106.7. An application for two or more variances may be filed upon a single application and only one fee shall be paid, provided that all such variances are located at the same address and are for the same person.

The Fire Marshal shall cause an investigation to be made of every application for a variance or waiver. Such investigation shall be made by authorized members of the Fire Department. At the conclusion of the investigation, the Fire Marshal shall transmit the application, together with a recommendation, to the Board of Fire Commissioners.

Whenever the Chief determines it is essential for the safeguarding of life and property from fire, explosion, panic, or other hazardous conditions which may arise in the temporary use of an occupancy and/or premises, the Chief may require one or more Fire Safety Officers to be present during the activity. No such use of an occupancy or premises shall proceed without a timely request to the Chief, as provided in this section, for assignment of a Fire Safety Officer.

Whenever the Chief determines that a Uniformed Fire Safety Officer shall be present, the Department shall collect a fee established by the Board. Said fee shall constitute the total sum payable from any source for the services of that person. The Board, with the concurrence of the City Administrative Officer, shall determine on a regular basis the verifiable cost of the City for the Uniformed Fire Safety Officer. These costs shall be the actual total cost, as determined by the Board.

Whenever the Chief determines that a Certified Fire Safety Officer is required, payment for the services of said officer shall be paid to the Certified Fire Safety Officer by the person engaging the services of the Certified Fire Safety Officer. For each such Certified Fire Safety Officer assigned by the Chief, the hourly rate shall be the rate established in the existing Los Angeles Fire Department Memorandum of Understanding for Fire Inspector 1. Said fee shall constitute the total sum payable from any source for the services of that person. Payment for a Certified Fire Safety Officer shall be based on the following requirements:

1. Four-hour minimum workday.

2. Time and one-half after eight hours.

3. Time and one-half for Saturdays and Sundays.

4. Time and one-half for holidays identified by the existing Los Angeles Fire Department Memorandum of Understanding for Fire Inspector 1.

A request for the assignment of a Fire Safety Officer shall be made to the office of the Bureau of Fire Prevention and Public Safety during normal business hours not less than 24 business hours in advance of the need. For weekend assignment or when a holiday will intervene, the request shall be made 48 hours in advance of the need.

The Board is authorized to issue approved passes entitling the holders thereof to pass Fire Department barriers at the discretion of the Incident Commander. Such passes shall bear a number and a statement of the purpose of issuance, together with the words “Los Angeles Fire Department.”

At the scene of an emergency, credentials which clearly establish the authority of the holder hereof to enter the premises may be honored by the Department at the discretion of the Incident Commander.

Every pass presented for admittance beyond a Fire Department barrier by any person not entitled to the privilege accorded thereby shall be collected by the Chief or any police officer, and all such passes so collected shall be immediately returned to the Board. No unauthorized person shall enter or refuse to leave an area officially closed off by any Department barrier.

The duly authorized official badge or credentials of any government officer or employee who is required to pass through a Fire Department barrier in the performance of their official duty shall entitle such person to pass through such barrier at the discretion of the Incident Commander.

The Chief is hereby authorized to furnish and use supplies, equipment, or apparatus, and assign regular members of the Department, for the protection or preservation of life, property, and public welfare in the City in any emergency or rescue operation, provided such use or assignment will not interfere with nor hinder the performance of the Charter functions of the Department. The Chief shall have the power to make and enforce rules and regulations, in accordance with Section 57.104.1.1, for the use of such supplies, equipment, or apparatus, and for the assignment of members of the Fire Department in emergencies or rescue operations as are necessary to carry out the purposes and intent of this article.

The Chief of Police and the Chief of Police’s duly authorized representatives shall have the power and are hereby directed, upon the request of the Fire Chief or the Fire Chief’s representatives, to assist in the enforcement of the provisions of this article.

Authority to issue copies of educational films and tapes shall comply with Sections 57.104.22.1 through 57.104.22.4.

The original negative and sound track of any film or tape produced as a part of the public fire safety education program by the Fire Department may, by order of the Board, be filed with the Chief, and copies thereof may be issued only upon the payment of the fees or pursuant to contract as provided in this section.

The Board may, by resolution or by contract, establish the fees to be paid to the Fire Department for the obtaining of copies of films, tapes and sound tracks. Fees shall be calculated on the basis of actual cost incurred in the production of such original films, tapes, and sound tracks, including the pro rata cost of reproduction and distribution of copies thereof, based upon the estimated number of copies that might be applied for, or upon any other reasonable formula the Board may determine.

Moneys derived from the sale, distribution, or rental of such films, tapes, and sound tracks shall be paid into the General Fund of the City as Departmental receipts.

All contracts entered into by the Board pursuant to the provision of this section shall first be submitted to and approved by the City Attorney.