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SANTA CLARA COUNTY CODE OF ORDINANCES: CHAPTER III. FIRE PROTECTION AND PREVENTION

Copyrighted by SANTA CLARA COUNTY CODE & Municipal Code Corporation, 1998.

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CHAPTER III.
FIRE PROTECTION AND PREVENTION

ARTICLE 1.
IN GENERAL

Sec. A33-40. Fire Marshal.

There is in the Agency the position of Fire Marshal. The term Fire Marshal includes any person designated by the Fire Marshal to act on his or her behalf.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-41. Duties generally.

The Fire Marshal shall perform the duties and have the responsibilities assigned by this chapter and such other duties as are prescribed by the Director.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-42. Right to enter to inspect.

The Fire Marshal shall have the right to enter any building, structure, vehicle, car, vessel or premises in the County when inspection or investigation is deemed necessary for the purpose of enforcing the provisions of Division B7 of this Code, and state laws pertaining to the prevention of fires and the protection of life and property from fires, which the Fire Marshal shall be empowered to enforce pursuant to his or her status as Fire Marshal or Deputy State Fire Marshal.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-43. Investigation of causes of fires.

The Fire Marshal shall investigate the cause of every fire occurring in the County when the same is of incendiary, suspicious or unknown origin. He or she shall determine whether the fire was caused by carelessness or by design. The investigation shall take place immediately after the occurrence of the fire.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-44. Notice of fire in subjurisdictions.

The chief of the fire protection district in which a fire occurs shall immediately notify the Fire Marshal that a fire has occurred.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-45. Assistance in fire investigation.

The District Attorney and the Sheriff of the County shall assist the Fire Marshal in the investigation of any fire when requested to do so by the Fire Marshal.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-46. Enforcement of standards.

The Fire Marshal shall require conformance with the standards and regulations set forth in Division B7 of this Code; provided, that whenever such standards do not specifically regulate any fire hazard, the Fire Marshal shall apply such standards with the view of obtaining substantial compliance therewith.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-47. Fire prevention regulations.

The Fire Marshal is authorized to make and enforce such rules and regulations for the prevention and control of fire and fire hazards as may be necessary to carry out the intent of this Code.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-48. Modification of standards.

The Fire Marshal shall have the authority to modify the strict application of the fire prevention provisions of this Code, provided that before any such modification, the person or agency desiring such modification shall file an application in writing with the Fire Marshal's office setting forth the exact modification desired. The decision of the Fire Marshal shall be entered upon his or her records, and a signed copy shall be furnished the applicant.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-49. Plan review.

(a) The Fire Marshal shall be responsible to review or cause to be reviewed all plans for construction of all buildings except the interior of dwellings for the purpose of ascertaining and causing to be corrected any condition liable to cause fire, endanger life from fire or any violation of the provisions or intent to Division B7 of this Code and any other ordinance affecting the fire hazard.

(b) The Fire Marshal shall notify the fire department having jurisdiction of all plans received pursuant to Paragraph (a) above, in order to determine whether any building or structure is or will become in excess of adequate access and water supply.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-50. Notice of hazards required.

The Fire Marshal, upon determining that a fire hazard exists in or on any building, structure, vehicle, car, vessel or premises shall notify the person or agency responsible for maintaining the fire hazard, and order the correction or elimination of the same and compliance with Division B7 of this Code. The notice shall be given in writing.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-51. Powers of peace officers; citations.

(a) The Fire Marshal shall have the powers of peace officers while engaged in the performance of duties with respect to the prevention and investigation of fires and the protection and preservation of life and property against the hazards of fire and conflagration.

(b) The Fire Marshal may issue citations for violations of the standards and regulations set forth in Division B7 of this Code.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-52. Abatement of hazard by Marshal.

(a) In the event any person or agency shall fail to comply with the orders of the Fire Marshal or in the event the Fire Marshal is unable to locate the responsible party within a reasonable time, the Fire Marshal may take such steps to abate the fire hazard as the Fire Marshal deems necessary for the protection of the public health and safety; provided, that in no event shall it be necessary to render any such notice prior to abatement when the fire hazard constitutes a clear and present danger.

(b) In order to make the expense of any such abatement a lien upon the property upon which the condition making necessary the abatement exists, the Fire Marshal shall request the Board of Supervisors for authority to abate the hazard and to make the expense of such abatement a lien upon the property, giving prior written notice of the hearing before the Board of Supervisors to the owner of the property.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-53. Fees for checking, inspection services, permits.

The Board of Supervisors may, by resolution, establish a schedule of fees to be charged and collected for checking and inspection services performed and for the issuance of permits. The schedule, when adopted, shall be incorporated by reference as a part of this division as fully as if set forth at length herein. A copy of such resolution shall be kept on file in the office of the Clerk of the Board of Supervisors and in the office of the Fire Marshal, and shall be available for public inspection.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-54. Building Inspector to forward plans.

The Building Inspector will forward to the Fire Marshal one copy of plans [and] specifications received by the Building Inspector when the plans are required to be checked by the Fire Marshal.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-55. Reserved.

Sec. A33-56. Condemnation authority.

The Fire Marshal shall have the authority to condemn the use of any device, equipment, appliance or thing which creates a hazard to life or property or which fails to provide the safety or protection for which it is installed or maintained. A written notice shall be served upon the person having control of the property condemned, to repair or to alter as required. A condemnation tag shall be affixed thereto.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-57. Records and reports.

The Fire Marshal shall retain for not less than three years a record of each inspection, plan review and investigation made showing the cause, the findings and disposition of each inspection, plan review and investigation. All records required to be kept by this section shall be open to the inspection of officials and governmental agencies having a valid reason for inspection of the records.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-58. Appeals.

Any decision of the Fire Marshal with respect to the suitability of alternative materials, alternative methods and types of construction or interpretation or decision under the fire prevention regulations set forth in Division B7 of this Code may be appealed in accordance with the provision of Article 3 of Chapter I of Division C1 of Title C (commencing at Section C1-38) of this Code.

(Ord. No. NS-300.705, § 2, 1-14-03)

Sec. A33-59. Nonresponsibility.

Neither the public entity nor any department, board, commission, officer or employee thereof shall be held liable or responsible for any damage, or injury caused by or resulting from any inspection, failure to inspect or approval made under the provisions of this Code, or in connection with any other official duty.

(Ord. No. NS-300.705, § 2, 1-14-03)

ARTICLE 2.
FIREWORKS*

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Editor's note--Ord. No. NS-300.734, § 1, adopted October 5, 2004, amended the Code by adding provisions designated as a new Art. 2, §§ A33-60--A33-64. See also the Code Comparative Table.

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Sec. A33-60. State definitions adopted.

For purposes of this article, all words not herein defined shall have the same meanings ascribed to them as under the State Fireworks Law (Health and Safety Code Section 12500 et seq.) and regulations promulgated thereunder.

(Ord. No. NS-300.734, § 1, 10-5-04)

Sec. A33-61. Prohibition on sale, use or discharge of fireworks without permit.

The sale, use, possession or discharge of any fireworks or pyrotechnic devices, including but not limited to "safe and sane" fireworks, anywhere within the unincorporated area of the County of Santa Clara is prohibited unless otherwise allowed by this article.

(Ord. No. NS-300.734, § 1, 10-5-04)

Sec. A33-62. Permits.

The Fire Marshal may issue a permit for the use or discharge of fireworks and pyrotechnic devices only where the persons in charge of the display have obtained a license from the State Fire Marshal for a public display or special effects. The application, investigation and decision process shall be as follows:

(a) Application. All applications shall include the following:

(1) The name of the person or organization sponsoring the proposed activities;

(2) A full description of all proposed activities;

(3) The date and time of day the proposed activities would occur;

(4) The exact location of the activities;

(5) The size and number of all fireworks to be involved in the proposed activities, including the number of set pieces, shells and other items. Shells shall be designated by diameter specifying single, multiple break or salute;

(6) The manner and place of storage of all fireworks;

(7) A diagram of the grounds on which the activities are proposed to occur showing all points at which fireworks are proposed to be stored or discharged, the location of all buildings, roads, and other means of transportation to and from the site, the lines behind which the audience will be restrained, and the location of all nearby trees, telegraph or telephone lines and other overhead obstructions;

(8) Documentary proof of conformance with the insurance requirements of Health and Safety Code sections 12610 and 12611;

(9) A license from the State Fire Marshal for the public display of fireworks or special effects; and

(10) The name and license number of the wholesaler(s) supplying all items used in the display.

(b) Investigation. When evaluating whether a permit should be granted, the Fire Marshal shall evaluate the following:

(1) Whether the proposed activity will be of such character or so located that it may be hazardous to property or dangerous to any person.

(2) Whether the activity will comply with all requirements of the California Fire Code, and the State Fireworks Law (Health and Safety Code Section 12500 et seq.) and regulations promulgated thereunder.

(c) Grant or denial. The Fire Marshal shall exercise reasonable discretion to either grant or deny the permit, and may impose any conditions he or she deems necessary or appropriate to ensure there is no adverse impact to the public health, safety or general welfare.

(Ord. No. NS-300.734, § 1, 10-5-04)

Sec. A33-63. Appeals.

A final decision of the Fire Marshal to grant or deny a permit may be appealed to the Board of Supervisors.

(Ord. No. NS-300.734, § 1, 10-5-04)

Sec. A33-64. Compliance with other federal, state and county laws and regulations.

In addition to obtaining a permit from the Fire Marshal, any use or discharge of any fireworks and pyrotechnic devices shall comply with all other applicable federal, state and local laws and regulations. The issuance of a permit from the Fire Marshal pursuant to this Article shall not obviate the need for a permit for an entertainment event if such a permit is required pursuant to Chapter VI, Division B3 of this Code.

(Ord. No. NS-300.734, § 1, 10-5-04)