The 2019 California Fire Code (CFC) is amended by the changes, additions, and deletions set forth in this chapter. Section numbers used below are those of the 2019 California Fire Code.
(a) CFC Chapter 1 – Scope and Application, Division II - Administration, Part 1-General Provisions is amended as follows:
(1) Section 101-General subsection 101.1-Title is amended in its entirety to read as follows:
Section 101.1-Title. These regulations shall be known as the Fire Code of Yolo County, hereinafter referred to as “this code.”
(2) Section 102-Applicabilty subsection 102.7.1-Conflicts is amended in its entirety to read as follows:
Section 102.7.1-Conflicts. Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
When conflicts occur between the administrative provisions of this code and the adopted provisions of CBC Chapter 1-Scope and Administration, Division II-Administration, the provisions which have greater specificity shall apply.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
(b) CFC Chapter 1 – Scope and Application, Division II - Administration, Part II-Administrative Provisions is amended as follows:
(1) The commission of any local fire protection district may enter into an agreement with the county to facilitate plan review and inspection related to fire and panic safety under the authority of the Chief Building Official.
(2) Section 108-Board of appeals is amended for Section 108.1-Board of appeals established, Section 108.2-Limitations on authority, and Section 108.3-Qualifications; and to include the following subsections: Section 108.4-Right to Appeal, Section 108.4.1-Appeal Hearing, Section 108.4.2-Appeal, Section 108.4.3-Extension of time to perform work and Section 108.4.4-Alternative enforcement.
Section 108.1 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 this code, there shall be and is hereby created a board of appeals known as the Planning Commission. The Planning Commission shall be appointed by the applicable governing authority and shall hold office at its pleasure. The Planning Commission shall adopt rules of procedure for conducting its business.
Section 108.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The Planning Commission shall have no authority to waive requirements of this code.
Section 108.3 Qualifications. The Planning Commission shall consist of 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 employees of the jurisdiction. The Planning Commission may obtain the services of a qualified consultant to advise on such matters of hazards of fire, explosions, hazardous conditions or fire protection systems at the expense of the applicant.
Section 108.4 Right to appeal. Statements advising;
(1) That any person having any record title or legal interest in the real property, building or structure, may appeal orders, decisions or determinations made by the building official or Fire Code Official relative to the application and interpretation of the regulations adopted in this chapter to the Planning Commission, provided the appeal is made in writing and filed with the building official within 30 days from the date of service of such notice and order or any action, and;
(2) That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.
(3) When a request for an alternative means of protection has been denied by the enforcing agency, the applicant may file a written appeal to the Planning Commission, pursuant to CFC 1.11.2.5.
Section 108.4.1 Appeal hearing. Upon receipt of a request for appeal, as set forth in Section 108.4-Right to appeal, the Chief Building Official shall set a time and date for the hearing and notify the person requesting the hearing of the time, date and place.
(1) The hearing shall be held before the Planning Commission.
(2) At the time of the hearing, the Planning Commission shall receive testimony and evidence.
(3) The proceedings at the hearing shall be recorded as a part of the Planning Commission meeting;
(4) The Planning Commission or designated representative may inspect the premises involved in the hearing prior to, during or after the hearing, provided that;
(a) If required by state or federal law, the hearing officer obtains the appropriate inspection warrant pursuant to Code of Civil Procedure Section 1822.51, et seq. or obtains the consent of the owner or occupant of the premises;
(b) The parties are given an opportunity to be present during the inspection; and
(c) The Planning Commission or designated representative shall state for the record during hearing, or file a written statement after the hearing for inclusion in the hearing record, upon completion of the inspection, the material facts observed and the conclusion drawn therefrom.
(5) After the hearing, the Planning Commission shall render a decision, in writing, upholding or denying the determination of an appeal; the written decision shall contain a deadline for any abatement, compliance or correction required by the decision. The notice of decision shall be served on the person requesting the hearing by certified mail.
Section 108.4.2 Appeal. Any person entitled to a hearing under Section 113.4.1-Appeal hearing or the Director of the Department of Community Services, may appeal the decision of the Planning Commission to the Board of Supervisors.
(a) A failure to appeal shall be deemed a waiver of the right to appeal.
(b) Notice of appeal must be in writing and filed with the Clerk of the Board within 15 days after the decision is rendered by the Planning Commission.
(c) Upon receipt of the notice of appeal, a hearing will be set before the Board of Supervisors and the appellant notified in writing of the time and date for hearing. This notice shall be sent to the appellant by certified mail, to the address given in the notice of appeal and the address of record if different.
(d) The Director of the Department of Community Services or designated agent shall be notified of the appeal and shall then transmit the records on the matter to the Board of Supervisors.
(e) The Board of Supervisors may affirm, reverse or modify the decision of the Planning Commission. If the decision is affirmed or affirmed and modified, the period for said repair, rehabilitation, abatement, correction or demolition, as set forth in the decision of the Planning Commission, shall start as of the date of the board action.
(f) Any owner or occupier of premises having objection to the decision of the Board must bring an action, in a court of competent jurisdiction, within 30 days after the action by the Board, otherwise, all objections will be deemed waived.
(g) Any appeal to the Board of Supervisors shall be accompanied by a filing fee in the amount which is necessary to recover the costs of processing the appeal. Such fee shall be established by resolution of the Board of Supervisors.
Section 108.4.3 Extension of time to perform work. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, not to exceed an additional 120 days, within which to complete said repair, rehabilitation, abatement, demolition or correction, if the Chief Building Official determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The Chief Building Official’s authority to extend time is limited to the physical repair, rehabilitation, demolition or correction of the premises and will not in any way affect the time to appeal the notice and order.
Section 108.4.4 Alternative enforcement. Nothing in this chapter shall be deemed to prevent the County Counsel or District Attorney from commencing with any other available civil or criminal proceedings to abate a real property condition, building, structure under applicable provision of state law as an alternative to the proceedings set forth in this chapter.
(1) Section 113-Fees subsection is amended to include subsection 113.6-Plan check fees and subsection 113.6.1-Re-inspections to read as follows:
Section 113.6-Plan check fees. Authorization to collect fees for plan checking, inspection and permits. The County Board of Supervisors may, by resolution, establish a schedule of fees to be charged and collected for plan checking, inspection services performed and for required permits issued. A copy of the current fee schedule shall be made available for public review in the offices of the Department of Community Services, the Clerk of the Board of Supervisors and the fire protection district with jurisdiction over the subject property.
Section 113.6.1-Re-inspections. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is scheduled and is not complete or when corrections called for previously are not complete.
This section is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
To obtain a re-inspection, the applicant shall call and schedule a re-inspection and pay the re-inspection fee set forth in the current fee schedule as adopted by the Board of Supervisors.
In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.
(§ 2, Ord. 1521, eff. June 18, 2020)