McFarland Municipal Code Ch. 15.16 Fire Prevention Code

The purpose of this chapter is to promote the public safety and welfare and to prescribe regulations governing conditions hazardous to life and property from fire or explosions by the adoption of minimum fire prevention standards.

(Ord. 114 §1, 1970)

It is the intent of this chapter to adopt and make effective in the city minimum fire prevention standards the same as those in effect in the unincorporated territory of the county.

(Ord. 114 §2, 1970)

This chapter may be cited as the "Uniform Fire Code of the city" or the "Uniform Fire Code."

(Ord. 114 §3, 1970)

The fire prevention code shall be liberally construed to effect its purpose. If the code regulates one application with different limitations or requirements, the more restrictive regulations shall apply.

(Ord. 114 §4, 1970)

A. Whenever the word "Municipality" is used in the Uniform Fire Code, it shall be held to mean the city.

B. Whenever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be held to mean the attorney for the city.

(Ord. 114 §9, 1970)

The fire department of the city is designated as, and shall hereafter be known as, the city fire department.

(Ord. 114 §5, 1970)

All fire prevention and suppression services within the purview of the functions of the city shall be performed by the fire department except as otherwise particularly provided by law.

(Ord. 114 §6, 1970)

The administrative direction of all fire prevention and suppression services within the purview of the functions of the city fire department shall be vested in the chief of the city fire department. Any duty or obligation delegated to or imposed upon a city fire warden and/or any authority vested in a city fire warden shall be assumed, performed and exercised by the chief of the city fire department. In the performance of any duty or in the exercise of any authority under the provisions of this section, the chief of the fire department shall act as the head of a department of the city. It is expressly provided that the provisions of this section shall not be construed as the appointment of a county fire warden under the provisions of Section 24008 of the Government Code of the state.

(Ord. 114 §7, 1970)

A. The Uniform Fire Code shall be enforced by the bureau of fire prevention in the fire department of the city, which bureau is established and shall be operated under the supervision of the chief of the fire department.

B. The chief in charge of the bureau of fire prevention shall be appointed by the city council.

C. The chief of the fire department may select such members of the fire department as inspectors as shall from time to time be necessary. The chief of the fire department shall recommend to the city council the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position.

(Ord. 114 §8, 1970)

The chief and members of the fire prevention bureau shall have the powers of a police officer in performing their duties under this chapter when they come within the purview of the penal code of the state defining "peace officers."

(Ord. 114 §10, 1970)

Kern County Ordinance No. G-5790 (with the Uniform Fire Code, 1991 Edition, as modified, amended, and adopted by reference therein) is adopted by reference to the same effect as if fully set forth in this code, and is declared to be the Uniform Fire Code of the city.

(Ord. 248 §1, 1992: Ord. 224 §1, 1991: Ord. 193 §1, 1984: Ord. 114 §12, 1970)

Any building, structure, or portion thereof, including buildings or structures in the process of erection, found to be dangerous to persons or property, unsafe for the purpose for which constructed, or due to damage caused by fire, the elements, sabotage, explosions or other means, shall constitute a public nuisance and are subject to abatement as such.

(Ord. 114 §14, 1970)

Except in cases of emergency for the immediate preservation of life and property, before any action is taken to abate any public nuisance as defined in Section 15.16.120, such buildings or structures shall be inspected by the city building department and approval given for such abatement. In the event the building inspector determines that such building constitutes a public nuisance, it shall be forthwith condemned and shall not be occupied or used until made safe, and its use authorized by the building inspector.

(Ord. 114 §15, 1970)

Use or occupation of a building in violation of Sections 15.16.130 and 15.16.140 shall constitute a misdemeanor.

(Ord. 114 §16, 1970)

The fire chief shall have the power to modify any of the provisions of the Uniform Fire Code upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the fire chief thereon shall be entered upon the records of the department and a signed copy shall be furnished the applicant.

(Ord. 114 §17, 1970)

Whenever the fire chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire chief to the city council within thirty days of the date of the decision appealed.

(Ord. 114 §18, 1970)

The mayor of the city, the councilman serving as fire commissioner and the fire chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the code. The fire chief shall post such a list in a conspicuous place in his office, and distribute lists thereof to interested persons.

(Ord. 114 §19, 1970)

Any persons who violate or fail to comply with any of the provisions of this chapter or who violate or fail to comply with any order made hereunder by competent authority, or who in building or erecting any structure deviate from any specifications or plans submitted to and approved by the fire chief as provided in this chapter, or from any certificate or permit issued under this chapter, shall for each and every such violation or failure to comply be guilty of a misdemeanor, and shall, upon conviction be subject to a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. A conviction for any offense under the provisions of this chapter shall not excuse the violation or authorize its continuance, and the person or persons convicted of such offense shall be required to correct or remedy any condition or installation which fails to comply with the requirements of this chapter with reasonable diligence. Each day that a condition prohibited by the provisions of this chapter is caused or permitted to be maintained or continued shall constitute a separate and distinct offense.

(Ord. 114 §13, 1970)