Part 2 — ADMINISTRATION AND ENFORCEMENT

(Added by Ord. No. 10977 (N.S.), effective 4-2-26)

Section 104.2.3 of the California WUI Code is revised to read:

code official shall have the authority to grant modifications in accordance with Section 104.2.3.1

provided the fire code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The applicant's request for a modification shall state the specific sections(s) for which a modification is requested, material facts supporting the contention of the applicant, the details of the modification or mitigating measure proposed and, if applicable, a map showing the proposed location and citing of the modification or mitigation measure. The details of action granting modifications shall be recorded and entered in the files of the code compliance agency.

(Added by Ord. No. 10977 (N.S.), effective 4-2-26)

Section 104.6 of the California WUI Code is revised to read:

code. Notices of violations shall be in accordance with Section 109.2.

(Added by Ord. No. 10977 (N.S.), effective 4-2-26)

Section 104.8.1 of the California WUI Code is revised to read:

Section 104.12 is added to the California WUI Code to read:

Section 104.13 is added to the California WUI Code to read:

fire prevention provisions of this code.

(Added by Ord. No. 10977 (N.S.), effective 4-2-26)

Section 109.3.7.2 of the California WUI Code is revised to read:

Section 112 of the California WUI Code is revised to read:

determinations made by the fire code official relative to the application and interpretation of this code, including the granting or denial of modifications, there shall be and is hereby created a Regional Fire Appeals Board (Appeals Board). The Appeals Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. A copy shall also be sent to the Building Official or other decision maker for the project, whichever is appropriate.

rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The Appeals Board shall not have authority to waive requirements of this code.

pass on matters pertaining to hazards of fire, explosions, hazardous conditions or fire protection systems and are not employees of the jurisdiction.

(a) The Appeals Board members shall consist of the following:

• Two representatives from the San Diego County Fire Districts Association.

• Two chief officers from CAL FIRE.

• One fire marshal from the unincorporated area of the County.

(b) The Appeals Board shall not include a representative from the agency whose fire code official made the determination that is being appealed. An alternate for the regular member(s) of the Appeals Board shall be designated to serve in this situation.

(c) Three members shall constitute a quorum for the transaction of business, and three affirmative votes shall be necessary to render a recommendation.

If the Appeals Board recommends a modification to this code for an individual case, a copy of the recommendation and findings along with a map showing the proposed modification and mitigating measures shall be forwarded to the Unit Chief of CAL FIRE, San Diego/Imperial Unit.

(Added by Ord. No. 10977 (N.S.), effective 4-2-26)

Section 113.4 of the California WUI Code is revised to read:

except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to fines established by the authority having jurisdiction.

AMENDMENT TO SECTION 113.4

The Alpine, Bonita-Sunnyside, Lakeside, North County, Rancho Santa Fe, Rincon Del Diablo, San Marcos, San Miguel, Valley Center and Vista Fire Protection Districts adopt the following code amendment:

except such work as that the person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $250.00 or more than $1,000.00.

(Added by Ord. No. 10977 (N.S.), effective 4-2-26)