Santa Clara County Municipal Code Art. 8 Implementation of State Minimum Fire Safe Regulations

The purpose of this Article is to establish procedures for implementing the State Minimum Fire Safe Regulations in Title 14, California Code of Regulations, Section 1270.00 et seq. This Article addresses appeals filed with the County related to Exception decisions made by the California Department of Forestry and Fire Protection for properties within the State Response Area pursuant to Section 1270.06 of the Fire Safe Regulations, as well as inspection decisions and requests for exceptions filed with the County for properties outside of the State Responsibility Area and within the Very High Fire Hazard Severity Zone and appeals of those County decisions. This Article shall be interpreted and applied in a manner that is consistent with all applicable state laws and regulations, as those laws and regulations may be amended.

(Ord. No. NS-1100.134, § 2, 8-31-21)

The following definitions apply to this Article.

(a) Building Official has the same definition as in Section C1-4 of this Code.

(b) CAL FIRE means the California Department of Forestry and Fire Protection.

(c) Director of the Department of Planning and Development means the Director of the Department of Planning and Development as that department is defined in Section A33-10 of this Code.

(d) Director of the Roads and Airports Department has the same definition as in Section A13-14 of this Code.

(e) Exception means an alternative means or method to achieve a specified standard or standards in the Fire Safe Regulations as requested by the applicant subject to Section 1270.06 of the Fire Safe Regulations.

(f) Fire Staff means the person designated by the Fire Marshal to review and decide on an Exception under Section C1-103(b) or appeal of a CAL FIRE Exception decision under Section C1-104(b).

(g) Fire Marshal means the person designated as the Fire Marshal by the Board of Supervisors.

(h) Fire Safe Regulations means the State Minimum Fire Safe Regulations in Title 14, California Code of Regulations, Section 1270.00 et seq.

(i) Inspection means the process and activities undertaken to evaluate whether a proposed building construction or development project complies with the standards in the Fire Safe Regulations, which may include reviewing plans and other documents, conducting site inspections, and any other activities that the inspection entity deems necessary to assess compliance with the Fire Safe Regulations.

(j) Inspection Entity means the public agency responsible for conducting Inspections pursuant to the Fire Safe Regulations. CAL FIRE is the Inspection Entity for proposed building and development projects within the SRA. The County is the Inspection Entity for proposed building and development projects within the LRA.

(k) Local Responsibility Area or LRA means those areas classified by the Director of the CAL FIRE as within a Very High Fire Hazard Severity Zone (VHFHSZ) pursuant to Government Code Section 51178 that are not in an SRA.

(l) State Responsibility Area or SRA means those areas identified by the California State Board of Forestry and Fire Protection pursuant to Public Resources Code Section 4125 in which the financial responsibility for preventing and suppressing fires has been determined to be primarily the responsibility of the state.

(Ord. No. NS-1100.134, § 2, 8-31-21)

The County Fire Marshal's Office shall be responsible for Inspections for proposed building and development projects in the LRA that are subject to the Fire Safe Regulations. The County Fire Marshal's Office shall comply with all requirements of the Fire Safe Regulations when making Inspection decisions.

(Ord. No. NS-1100.134, § 2, 8-31-21)

(a) Where the County is the Inspection Entity, an applicant may file an Exception request with the Department of Planning and Development pursuant to Section 1270.06 of the Fire Safe Regulations no later than 30 days after the County provided notice to the applicant that the County made a final Inspection decision that the applicant's proposed building or development project would not comply with the Fire Safe Regulations. The Exception request shall include all information required for Exception requests set forth in Section 1270.06 of the Fire Safe Regulations and any other documents or information required by the County. The Exception request shall be accompanied by a filing fee in an amount established by the Board of Supervisors. The County will not process any Exception request until all fees are paid in full.

(b) The decision-maker on an Exception request where the County is the Inspection Entity shall be the Fire Staff designated by the Fire Marshal for such purposes and who has not participated in the Inspection decision. The designated Fire Staff shall consult with the Building Official and the Director of the Roads and Airports Department in making the decision. The designated Fire Staff shall comply with all requirements of Section 1270.06 of the Fire Safe Regulations when making the decision. The designated Fire Staff may consult with staff from other County departments and any other public agencies or knowledgeable persons when considering an Exception request.

(Ord. No. NS-1100.134, § 2, 8-31-21)

(a) The applicant or any interested party may appeal an Exception decision made by CAL FIRE (for properties within the SRA) or the County (for properties within the LRA) by filing an appeal application with the Department of Planning and Development no later than 30 days after the final decision on the Exception request. The appeal application shall include all information required for Exception requests set forth in Section 1270.06 of the Fire Safe Regulations, an explanation of why the Exception decision was erroneous, and any other documents and information required by the County. The appeal application shall be accompanied by a filing fee in an amount established by the Board of Supervisors. The County will not process any appeal application until all fees are paid in full.

(b) The decision-maker on appeal of an Exception decision made by CAL FIRE shall be the Fire Staff designated by the Fire Marshal for such purposes. The designated Fire Staff shall consult with the Building Official and the Director of the Roads and Airports Department in making the decision. The designated Fire Staff shall hold a public hearing on the appeal, and notice of the public hearing shall be provided in compliance with Section 5.20.110 of the Zoning Ordinance. The designated Fire Staff shall comply with all requirements of Section 1270.06 of the Fire Safe Regulations when making their decision. The designated Fire Staff's decision on the appeal shall be final.

(c) The decision-maker on appeal of an Exception decision made by the County, pursuant to Section C1-103, shall be the Fire Marshal. The Fire Marshal shall hold a public hearing on the appeal, and notice of the public hearing shall be provided in compliance with Section 5.20.110 of the Zoning Ordinance. The Fire Marshal shall comply with all requirements of Section 1270.06 of the Fire Safe Regulations when making the decision. The Fire Marshal's decision on the appeal shall be final.

(Ord. No. NS-1100.134, § 2, 8-31-21)

A pre-application meeting with the Department of Planning and Development may be requested prior to filing for an Inspection or Exception request. Pre-application meetings are held to identify issues of concern for compliance with Fire Safe Regulations. The pre-application meeting is informational and is intended to provide guidance. The pre-application meeting shall not result in any official recommendation or final decision and shall not be binding on the County.

(Ord. No. NS-1100.134, § 2, 8-31-21)