Section 6.04.030 Article 1— Administration, Section 103— Inspection and Enforcement amendment.

1. Board of Appeals— In order to determine the suitability of alternate materials and type of construction and to provide interpretations of the Code other than those approved by the Fire Chief, there is created a Board of Appeals.

Upon receipt of an appeal in writing, the Fire Chief shall request the appointment by the Board of Supervisors of a Board of Appeals consisting of five (5) members qualified by experience and training to pass upon matters pertaining to the subject matter of the appeal and to serve until disposition of the appeal. The Fire Chief or his designee, shall be an ex officio member of the Board of Appeals and act as the secretary. The Board of Appeals shall adopt reasonable rules for conducting its hearings and investigations.

The Board of Appeals shall, after considering all facts presented, render a decision as to the applicability and interpretation of this Code and as to an alternate means of protection; and determine if the proposal is equivalent to that specified in these regulations in quality, strength, effectiveness, fire resistance, durability and safety. The Board of Appeals shall submit to the applicant and Fire Chief their findings and recommendations.

Any recommendations, actions or decisions by the Board of Appeals shall not be construed as to permit a violation of any other codes or laws. The decision of the Board of Appeals shall be final. The applicant or Fire Chief may promptly request a review thereof by the Board of Supervisors. The Board of Supervisors may limit its review to pertinent parts of the record, findings and decision of the Board of Appeals or at its sole discretion take additional evidence or arguments on the issue.

2. Appeals— Whenever the Fire Chief shall disapprove an alternate means of protection, refuse to grant a permit or application, or when it is claimed that the provisions of this Code do not apply, or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Board of Appeals. Such appeal shall be made within 15 days from the date of the Fire Chief’ s decision.

Whenever any subject regulated in this Code is also regulated by Title 7, Alameda County Ordinance Code, the provisions of this Code which are applicable to new construction, alteration or repair shall be enforced by the Fire Chief and by the Alameda County Building Official if a building permit is required for such new construction, alteration or repair by Title 7, Alameda County Ordinance Code.

If there is a conflict between the enforcement of this Code by the Fire Chief and Title 7 by the Building Official, the more restrictive requirements shall apply.

In cases of extreme danger to persons or property, immediate compliance shall be required, and/or the Fire Chief may remove, or cause to be removed the hazard at the expense of the owner or responsible party.

1. Any person, firm, corporation, association, or government entity which is regulated by this Code and has violated or caused, or permitted to be violated any provisions of this Code shall be deemed guilty of an infraction, unless such violation is specified to be a misdemeanor.

2. Any person, firm, corporation, association, or government entity convicted of a misdemeanor under the provisions of this Code shall be subject to a fine, or imprisonment, or both, not to exceed the limits set forth in California Penal Code Section 19.

3. Any person, firm, corporation, association, or government entity convicted of an infraction under the provisions of this Code shall be punishable upon first conviction by a fine of not less than fifty dollars ($50.00), nor more than one hundred ($100.00), and for a second conviction within a twelve (12) month period by a fine not more than two hundred dollars ($200.00), and for a third or subsequent conviction within a twelve (12) month period by a fine not more than five hundred dollars ($500.00). Any violation beyond the third conviction within a twelve (12) month period may be charged by the District Attorney as a misdemeanor and the penalty for conviction of same shall be subject to fine, or imprisonment, or both, not to exceed the limits set forth in California Penal Code Section 19.

4. In addition to the foregoing penalties, any condition caused or permitted to exist in violation of any of the provisions of this Code, shall be deemed a public nuisance and may be abated as such.

Each person, firm, corporation, association or government entity shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Code is committed, continued or permitted by any of them, and shall be punishable accordingly.

5. The Fire Chief and his authorized representatives may make arrests or issue citations for any violation of this Code, or any other ordinance of the County of Alameda and laws of the State of California pertaining to fire prevention, protection and life safety.

Any person, firm, corporation, association, or government entity operating or maintaining any occupancy, premises, or vehicle subject to this Code shall not permit or allow a fire hazard to exist or fail to take immediate action to correct same on premises under his control or ownership. Failure to comply with an order or notice when ordered or notified to do so by the Fire Chief or his authorized representatives shall be guilty of a misdemeanor.