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(a) State Responsibility Area (SRA) Fire Safe Regulations, 14 California Code of Regulations (CCR) sections 1270 et seq., authorize a local jurisdiction to conduct inspections and consider requests for exceptions to fire safe regulations standards related to an application for a subdivision, when the local jurisdiction has implemented the State regulations through its subdivision approval process. Title 14 CCR section 1270.03 provides that the State Board of Forestry may certify local ordinances as equaling or exceeding the State regulations. No application for a subdivision shall be approved unless the proposed subdivision complies with 14 CCR sections 1270 et seq. or comparable provisions relating to subdivisions in the County Fire Code or fire district's fire code, whichever applies to the property, when the State Board of Forestry has certified the applicable local fire code as equaling or exceeding the State regulations.
(b) The County fire official shall (1) serve as the inspection authority for the County, as provided in 14 CCR section 1270.05 and (2) consider written requests for exceptions to the State fire safe regulations, as provided in 14 CCR sections 1270.07 and 1270.08 or local fire code regulations.
(c) An applicant for a subdivision who requests an exception to the applicable State or local fire safe regulations relating to subdivisions shall state the specific sections for which the applicant requests an exception, the material facts that support the applicant's contentions, the details of the exception or mitigating measure proposed and provide a map showing the proposed location and siting of the exception or mitigation measure.
(d) The Director shall provide the applicant requesting an exception with a written decision granting or denying the request within 30 days from the date the applicant files a request that complies with subsection (c).
(e) If the County fire official denies a request for an exception the applicant may appeal the denial by following the appeals procedures in section 96.1.108 of the Consolidated Fire Code, for projects located within the jurisdiction of a local fire district, and section 96.1.108 of the County Fire Code, for projects located outside of a local fire district.
(Added by Ord. No. 10037 (N.S.), effective 3-26-10; amended by Ord. No. 10529 (N.S.), effective 5-18-18)