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Section 102.7 of the 2022 CFC is amended to read as follows:
102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80, and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated by Sections 102.7.1 and 102.7.2. The Fire Chief also hereby authorizes the use of the Ontario Fire Department Fire Protection Standards for the purposes of interpreting and clarifying requirements of this Code and its referenced codes and standards.
(§ 2, Ord. 3147, eff. December 19, 2019, as amended by § 2, Ord. 3226, eff. January 5, 2023)
Section 103.1 of the 2018 IFC is amended to read as follows:
103.1 General. The Fire Code as adopted and amended herein shall be enforced by the Bureau of Fire Prevention of the Fire Department of the City of Ontario which is hereby established and shall operate under the supervision of the Chief of the Fire Department.
(§ 2, Ord. 3147, eff. December 19, 2019, as amended by § 2, Ord. 3226, eff. January 5, 2023)
Section 103.2 of the 2022 CFC is amended to read as follows:
103.2 Appointment. The Fire Marshal shall be responsible for operating the Bureau of Fire Prevention and shall be appointed by the Fire Chief on the basis of examination to determine his or her qualifications.
(§ 2, Ord. 3147, eff. December 19, 2019, as amended by § 2, Ord. 3226, eff. January 5, 2023)
Sec. 4-4.10. Amendment: Liability and legal defense.
Section 104.7 and 104.7.1 of the CFC of the IFC is amended to read as follows:
104.7 and 104.7.1 Liability and legal defense. The Chief and other individuals charged by the Chief with the enforcement of this Code or any other official duties, acting in good faith and without malice in the discharge of their duties, shall not thereby be rendered personally liable for any damage that may accrue to persons or property as a result of any act or by reason of any act or omission in the discharge of their duties. Any suit brought against the Chief or such individuals because of such act or omission performed in the enforcement of any provision of such Code or other pertinent laws or ordinances implemented through the enforcement of this Code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting there from shall be assumed by this jurisdiction subject to the provisions of Government Code Section 825.
(§ 2, Ord. 3147, eff. December 19, 2019, as amended by § 2, Ord. 3226, eff. January 5, 2023)
Section 104.11 of the CFC is amended to read as follows:
104.11 Investigations. The fire code official, the fire department or other responsible authority shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. Information that could be related to trade secrets or processes shall not be made part of the public record, except as directed by a court of law. Fire Investigators shall have the powers of a police officer in performing their duties under this code.
(§ 2, Ord. 3147, eff. December 19, 2019, as amended by § 2, Ord. 3226, eff. January 5, 2023)
Sec. 4-4.12. Amendment: Pallets.
Section 105.5.55 is added to the CFC to read as follows:
105.5.55 Pallets. An operational permit is required for idle storage, handling, repair or manufacturing of combustible pallets in excess of one thousand (1,000) units at any one site.
(§ 2, Ord. 3147, eff. December 19, 2019, as amended by § 2, Ord. 3226, eff. January 5, 2023)
Section 111.1 of the CFC is amended to read as follows:
111.1 Board of Appeals Established. The City Council of the City of Ontario may hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, pursuant to Chapter 4 of Title 1 of the City of Ontario Municipal Code. An application for appeal shall be submitted in writing, in a timely manner, and shall be based on a claim that the intent of this code or the rules, standards and interpretations 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 Council shall have no authority to waive requirements of this Code. The City Council shall set the matter for hearing and shall give written notice to the appellant. The fire code official shall act as staff in advising the City Council during such hearing. A written copy of the decision shall be mailed to the concerned parties after the conclusion of such proceedings.
(§ 2, Ord. 3147, eff. December 19, 2019, as amended by § 2, Ord. 3226, eff. January 5, 2023)
Section 112.4 of the CFC is amended to read as follows:
112.4 Violation penalties. Any person who violates any provision of the Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the Board of Appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of an infraction or a misdemeanor, punishable as set forth in Chapter 2 of Title 1 of the Ontario Municipal Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that a prohibited condition is maintained shall constitute a separate offense. The application of this penalty shall not be held to prevent the enforced removal of prohibited conditions.
(§ 2, Ord. 3147, eff. December 19, 2019, as amended by § 2, Ord. 3226, eff. January 5, 2023)
Sec. 4-4.15. Amendment: Failure to comply.
Section 113.4 of the CFC is amended to read as follows:
113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except that work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, punishable as set forth in Chapter 2 of Title 1 of the Ontario Municipal Code. Each day that any work is done under a stop work order shall constitute a separate offense.
(§ 2, Ord. 3147, eff. December 19, 2019, as amended by § 2, Ord. 3226, eff. January 5, 2023)
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