15.24.040 Section 103.1 Amended—Creation of an agency.

   The City of Murrieta/Murrieta Fire & Rescue is hereby created and the official in charge therefore shall be known as the fire code official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

(Ord. 584 § 1, 2022)

15.24.050 Section 107.2 Amended—Schedule of permit fees.

   Fees for services and operational permits shall be as set forth in the City of Murrieta fee schedule.

(Ord. 584 § 1, 2022)

15.24.060 Section 107.4.1 Added—Fees for working or performing without necessary permits.

   A person who commences any construction work regulated by the Fire Code within the City before first obtaining necessary construction permits may be fined as follows:

   1.   First offense is double fees for each building or permit required to be issued that is in violation and a complaint is filed to the Contractors State License Board.

   2.   Second offense is double fees as indicated in item 1 above plus a $500.00 fine and a complaint filed to the Contractors State License Board.

   3.   Third offense is double fees as indicated in item 1 above plus a $1000.00 fine and a complaint filed to the Contractors State License Board.

   4.   Fourth or subsequent violations will result in a misdemeanor citation and/or additional legal action for failing to comply with the requirements of the Fire Code.

(Ord. 584 § 1, 2022)

15.24.070 Section 107.7 Added—Cost recovery.

   The purpose of this section is to establish authority to obtain reimbursement from responsible individuals for the expense of any emergency response and/or enforcement action by the Fire Department to protect the public from criminal or negligent activities, and from fire or hazardous substances.

(Ord. 584 § 1, 2022)

15.24.080 Section 107.8 Added— Reimbursement required.

   In accordance with Health & Safety Code Section 13000 et. Seq., an individual who acts negligently or in violation of the law thereby requires an emergency response to a danger posed by a fire or hazardous substance shall be liable for reimbursement to the Fire Department for the costs incurred. In accordance with Government Code Section 53150 through 53158, any individual who is under the influence of an alcoholic beverage or any drug or the combined influence of an alcoholic beverage and drug, and whose negligent operation of a motor vehicle, boat or vessel or civil aircraft caused by that influence proximately cause any incident and thereby requires an emergency response shall reimburse the Fire Department for those costs incurred.

(Ord. 584 § 1, 2022)

15.24.090 Section 107.9 Added—Expense recovery.

   The fire code official may impose a fee for recovery of expenses incurred to enforce the provisions of the Fire Code including approved third-party billing.

(Ord. 584 § 1, 2022)

15.24.100 Section 109.3.1 Added—Electronic recordkeeping.

   The fire code official can require the forms for maintenance inspections of fire protection systems to be filed in electronic format as prescribed by the fire code official.

(Ord. 584 § 1, 2022)

15.24.110 Sections 111.1, 111.2, 111.3 & 111.4.

   Section 111.1 Board of Appeals Established. In order to hear, and decide appeals of orders, decisions, or determinations made by the fire code official relative to the application and interpretation of the fire code, there shall be and is hereby created a board of appeals. After all "in-house" efforts (including a review and determination in writing by the Fire Chief) have failed to achieve resolution, a board of appeals shall be appointed on an as-needed basis by the Murrieta City Manager and shall hold office at their pleasure. The fire code official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The 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 City Manager and fire code official.

   Section 111.2 Limitations of Authority. An application for appeal shall be based on a claim that the true intent of this code or the 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 board shall not have the authority to waive the requirements of this code.

   Section 111.3 Qualifications. The board of appeals shall consist of three or five members who are qualified by experience and training to pass on matters pertaining to hazards of fire, explosions, hazardous conditions, or fire protection systems and are not public officials or employees of the City of Murrieta.

   Section 111.4 Administration. The fire code official shall take immediate action in accordance with the decision of the board of appeals.

(Ord. 584 § 1, 2022)