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Sec. 5.114.  Creation and Administration of Fire Hydrant Installation and Main Replacement Fund.
 
   (a)   There is hereby created within the Treasury of the City of Los Angeles a special fund known as the “Fire Hydrant Installation and Main Replacement Fund” hereafter referred to as the “Fund” to be administered by the Fire Department.
 
   (b)   Definitions.  The following words and phrases whenever used in this section shall mean:
 
   (1)   Chief Engineer:  The Chief Engineer of the Fire Department or his or her duly authorized representative.
 
   (2)   Fire Protection Improvements:  The installation or upgrading of public fire hydrants and/or the upgrading, improving and/or replacing of existing public water mains and facilities.
 
   (3)   Fire Hydrant Fee:  The fee calculated by and paid to the Department of Building and Safety pursuant to Los Angeles Municipal Code Section 91.107.4.4.
 
   (c)   The Fund shall be used for the deposit of money collected as a Fire Hydrant Fee and any other money appropriated or given to such Fund for use in the installation of fire protection improvements. Forty dollars from each Fire Hydrant Fee collected shall be used for administrative expenses and deposited in the General Fund. Of this amount, five dollars shall be credited to the Department receipts of the Department of Building and Safety and thirty-five dollars shall be credited to the Department receipts of the Fire Department.
 
   (d)   All interest or other earnings from money received into the Fund shall be credited to the Fund and devoted to the purposes set forth herein.
 
   (e)   The monies from the Fund shall only be expended for fire protection improvements installed by the Department of Water and Power or other authorized water purveyor as requested by the Fire Department consistent with the Safety Plan and Fire Protection and Prevention Plan Elements of the General Plan.
 
   (f)   Monies from the Fund shall be expended to pay applicable costs for work done in conformance with the provisions of Subsection (e) of this section when such work is determined to be necessary by the Chief Engineer.
 
   Provided however:
 
   (1)   If a refund is granted for the building permit on which the Fire Hydrant Fee was paid, monies from the Fund may be used for a refund of the Fire Hydrant Fee.
 
   (2)   Monies from the Fund shall not be used to pay the costs of any such work which, for any reason, was not performed by the Department of Water and Power or other authorized water purveyor, or pursuant to a contract awarded in conformance with the competitive bid requirements of the City.
 
   (3)   Monies from the fund shall not be used to pay the costs of such work required for the projects of any governmental agency or any other project which is exempt from the Building Code of the City of Los Angeles.
 
   (4)   The relocation of fire hydrants due to street improvements is not to be paid from the Fund.
 
   (g)   Notice of Exemption from the Fire Hydrant Fee.
 
   (1)   The Chief Engineer shall have the authority to issue a notice of exemption from the Fire Hydrant Fee. Such notice of exemption shall only be issued under the following circumstances:
 
   (a)   The owner, builder, or developer of the subject property has established to the satisfaction of the Chief Engineer that the installation of fire protection improvements have been completed;
 
   (b)   The Department of Water and Power or other authorized water purveyor certifies that it did not perform the work and has accepted the completed fire protection improvements; and
 
   (c)   The Chief Engineer has determined that the installation of the fire protection improvements were necessary to comply with the requirements of the Safety Plan and Fire Protection and Prevention Plan Elements of the General Plan.
 
   (2)   The Chief Engineer shall make such rules and regulations as may be necessary to carry out the provisions of this subsection.
 
   (3)   The period of exemption shall commence upon the completion of the installation of the fire protection improvements as determined by the Department of Water and Power or other authorized water purveyor and extend for a period not to exceed ten years.
 
   (h)   No expenditure may be made from the Fund without the prior approval of the Chief Engineer.
 
SECTION HISTORY
 
Added by Ord. No. 160,087, Eff. 8-9-85.
Amended by:  Section number from 5.111.14 to 5.114, Ord. No. 160,659, Eff. 2-17-85; Subsecs, (b), (c), (d), (e), Subsecs. (f), (g), (h) Added, Ord. No. 164,127, Eff. 11-21-88; Subsec. (b)(3), Ord. No. 170,446, Eff. 5-6-95; Subsec. (b)(3), Ord. No. 180,619, Eff. 5-12-09.