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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.
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