This article, which is a portion of the Los
Angeles Municipal Code "LAMC," shall be known as the
"Los Angeles Fire Code," and whenever the word code is
used in this article it shall mean the Los Angeles Fire Code.
The Los Angeles Fire Code adopts by reference portions of the 2016 California Fire Code (CFC) or the 2015 version of the International Fire Code.
The Los Angeles Fire Code adopts by reference portions of the 2016 California Fire Code (CFC) or the 2015 version of the International Fire Code.
This code establishes regulations affecting or relating to structures, processes, premises and safeguards regarding all of the following:
- The hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices.
- Conditions hazardous to life, property or public welfare in the occupancy of structures or premises.
- Fire hazards in the structure or on the premises from occupancy or operation.
- Matters related to the construction, extension, repair, alteration or removal of fire suppression or alarm systems.
- Conditions affecting the safety of fire fighters and emergency responders during emergency operations.
- Such other laws as it may be the duty of the fire department to enforce.
Provisions in the appendices shall not apply unless specifically adopted.
The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of life safety and property protection from the hazards of fire, explosion, panic, or dangerous conditions in new and existing buildings, structures and premises, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations.
If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions hereof, which are determined to be legal; and it shall be presumed that this code would have been adopted without such illegal or invalid parts or provisions.
Nothing in this article
shall be construed to prevent the enforcement of other
laws which prescribe more restrictive limitations.
The permissive provisions of
this Article shall not be presumed to waive any limitations
imposed by any other laws.
The Chief shall report to the Board
from time to time as necessary, recommending revisions of
this article. Such recommendations may be based upon, but
not limited to, studies of the following:
- Number of requests for variances.
- Number of fire hazards reported or determined by inspections.
- Changes and technological advancements of methods, materials, and processes.
- Investigation of fires.
- Recommendations of the Fire Code Advisory Committee.
The Chief shall
establish a Fire Code Advisory Committee which shall consist
of: the Fire Marshal, who shall serve as chairperson; and
representatives from industry, business, and other governmental
agencies as may be determined from time to time by
the Chief. The purpose of the Fire Code Advisory Committee
shall be to assist the Chief in any revision of this article by
submitting recommendations.
The official badge of the Los Angeles
Fire Department is hereby established as that badge
adopted by the Board by Resolution No. 189, on June 12,
1941, provided, however, that for the period of January 1,
1986 through and including December 31, 1986, the official
badge of the Los Angeles Fire Department shall be that badge
adopted by Resolution No. 759 on November 21, 1985 by the
Board as the Centennial Badge of the Los Angeles Fire
Department.
It shall be
unlawful for any person to wear, display, or have in his or
her possession any such badge unless that person is a
member of the Department, employed to perform the duty
of extinguishing or preventing or investigating fires, or
providing an emergency ambulance service. The members
of the Board, while actively serving as such under valid
appointment, are members of the Department within the
meaning of this section.
Exception: The Board may adopt a design of badge,
upon which the word "RETIRED" shall clearly appear,
which may be worn by members of the Department who have been honorably retired from active duty by
reason of length of service or physical disability.
No person
who is not a regular member of the Department shall wear,
display, or have in his or her possession any official badge
or one which resembles or may be mistaken for the official
badge, or which is calculated to indicate that he or she is a
member of the Department.
No official badge, or badge of
any design indicating a connection with the Los Angeles
Fire Department shall be issued to any person as an honorarium.
All badges
and uniform insignia shall remain the property of the City.
Every person receiving such property shall be required to
personally sign a receipt therefor, and the receipt shall set
forth an agreement to reimburse the City in the event of
loss for the standard cost price as determined from time to
time by the Board.
No person shall
manufacture, make, sell, design, or transfer any official
fire department badge except upon the official order of the
fire department's custodian of badges. The manufacturer
shall deliver manufactured badges only to said custodian
and may manufacture only the number of badges authorized
by that person. Nothing herein shall be considered as
affecting the manner in which contracts for the purchase of
badges by the City shall be awarded as provided in the city
charter.
Notwithstanding
any other provisions of this article, the Board
of Fire Commissioners may:
- Cause a member's badge and number to be retired from active service and use.
- Cause the badge, or a similar badge, to be presented to the deceased member's surviving spouse, child, or person in the member's immediate family, as a memorial honoring the member.
No person shall remove from the plaque or frame
any badge presented under this section, or wear such
a badge, or display it, except while it is attached to
the plaque or within the frame, with the above-prescribed
statement clearly visible. Any badge
removed, worn or displayed in violation of this section
shall be subject to confiscation.
The repeal of the previous provisions
of Chapter 5, Article 7, of the LAMC and the adopting
of new ones shall not be construed to commence anew the
running of any time limits which may have been imposed by
law, regulation, or order of the Chief or the Board, relating to
the enforcement of such limit, notices, or orders.
The construction and design provisions of this code shall apply to:
- Structures, facilities and conditions arising after the adoption of this code.
- Existing structures, facilities and conditions not legally in existence at the time of adoption of this code.
- Existing structures, facilities and conditions where required in Chapter 11.
- Existing structures, facilities and conditions that, in the opinion of the fire code official, constitute a distinct hazard to life or property.
The administrative, operational and maintenance provisions of this code shall apply to:
- Conditions and operations arising after the adoption of this code.
- Existing conditions and operations.
Changes shall not be made in the use or occupancy of any structure that would place the structure in a different division of the same group or occupancy or in a different group of occupancies, unless such structure is made to comply with the requirements of this code and the California Building Code. Subject to the approval of the fire code official, the use or occupancy of an existing structure shall be allowed to be changed and the structure is allowed to be occupied for purposes in other groups without conforming to all of the requirements of this code and the California Building Code for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.
The design and construction of new structures shall comply with the California Building Code, and any alterations, additions, changes in use or changes in structures required by this code, which are within the scope of the California Building Code, shall be made in accordance therewith.
Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:
- Construction and design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply.
- Administrative, operational and maintenance provisions of this code shall apply.
The provisions of this code relating to the construction, alteration, repair, enlargement, restoration, relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures identified and classified by the state or local jurisdiction as historic buildings where such buildings or structures do not constitute a distinct hazard to life or property. Fire protection in designated historic buildings shall be provided with an approved fire protection plan as required in Section 1103.1.1.
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 in Sections 102.7.1 and 102.7.2.
Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.
Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.
Where applicable standards or requirements are not set forth in this code, or are contained within other laws, codes, regulations, ordinances or bylaws adopted by the jurisdiction, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards, as approved, shall be deemed as prima facie evidence of compliance with the intent of this code. Nothing herein shall derogate from the authority of the fire code official to determine compliance with codes or standards for those activities or installations within the fire code official's jurisdiction or responsibility.
Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, that are not specifically provided for by this code, shall be determined by the fire code official.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern.
The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law.
References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of this code.
The provisions of this article
shall apply to existing conditions as well as to new conditions,
except that conditions legally in existence at the adoption
of this article and not in strict compliance therewith shall
be permitted to continue unless the Chief determines they
constitute a distinct hazard to life or property.
The department of fire prevention is established within the jurisdiction under the direction of the fire code official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code.
It shall be the duty of the
Chief to enforce the provisions of this article.
The Chief
shall, upon report of any violation of this article, make an
inspection and report of his findings thereto.
The Chief
shall sign all certificates, notices, and orders pertaining to
fire safety and fire hazards.
The Chief shall enforce, within the City, the
Rules and Regulations that have been formally adopted by
the State Fire Marshal for the prevention of fire, or for the
protection of life and property against fire or panic.
The fire code official shall be appointed and removed as provided by city charter.
In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the fire code official shall have the authority to appoint a deputy fire code official, other related technical officers, inspectors and other employees.
The Office
of Fire Marshal is hereby created in the City of Los Angeles.
The Chief
shall designate a Deputy Fire Chief of the Department
who shall serve as Fire Marshal with the authority to
exercise the power and perform the duties of the Fire
Marshal.
The Fire Marshal shall,
under the direction of the Chief, have control of all
matters pertaining to the Bureau of Fire Prevention and
Public Safety.
The Bureau of Fire Prevention and Public Safety of the
Department, created by Ordinance No. 34,352 (N.S.,
approved June 19, 1916) is hereby authorized to continue.
The Bureau of Fire Prevention
and Public Safety shall consist of the following persons:
- The Fire Marshal, who shall be the Chief Fire Prevention Engineer of the Bureau of Fire Prevention.
- Additional officers, assistants and employees as the City Council shall provide.
The function of this bureau shall
be to administer and enforce the fire prevention and life
safety provisions of this article and shall include, but
not be limited to the following:
- The prevention of fires.
- The investigation of the cause, origin, and circumstances of fire or life safety hazards.
- The elimination of fire and life safety hazards in any building or structure, including those under construction, any premises, marine vessel, aircraft, vehicle, or the appurtenances and equipment thereof.
- The maintenance of fire protection equipment and systems.
- The regulation of storage, use, and handling of hazardous materials and hazardous substances.
- Enforcement of the basic building regulations of the State Fire Marshal as they apply to the City of Los Angeles in matters relating to fire, panic, and explosion safety.
The fire code official, member of the board of appeals, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties.
Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representatives of the jurisdiction until the final termination of the proceedings. The fire code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of fire prevention, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
Neither the City of Los
Angeles nor any department, nor any board, commission,
officer, or employee thereof shall be held liable or responsible
for any damage or injury caused by or resulting from
any inspection or approval made under the provisions of
this article.
The fire code official is hereby authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for in this code.
Every
Rule of General Application to be followed by the public
shall be authorized only by order or resolution of the
Board and shall be published once in a daily newspaper
and shall take effect upon such publication.
It shall be unlawful for any person to violate any
rule or regulation, adopted by the Board in accordance
with the provisions of Section 104.1.1.1 of this article.
The fire code official is authorized to receive applications, review construction documents and issue permits for construction regulated by this code, issue permits for operations regulated by this code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this code.
Where it is necessary to make an inspection to enforce the provisions of this code, or where the fire code official has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this code that make the building or premises unsafe, dangerous or hazardous, the fire code official shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the fire code official by this code. If such building or premises is occupied, the fire code official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the fire code official shall first make a reasonable effort to locate the owner, the owner's authorized agent or other person having charge or control of the building or premises and request entry. If entry is refused, the fire code official has recourse to every remedy provided by law to secure entry.
Where the fire code official has first obtained a proper inspection warrant or other remedy provided by law to secure entry, an owner, the owner's authorized agent or occupant or person having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to permit entry therein by the fire code official for the purpose of inspection and examination pursuant to this code.
The fire code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.
The fire code official is authorized to issue such notices or orders as are required to affect compliance with this code in accordance with Sections 109.1 and 109.2.
The fire code official shall keep official records as required by Sections 104.6.1 through 104.6.4. Such official records shall be retained for not less than 5 years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.
A record of approvals shall be maintained by the fire code official and shall be available for public inspection during business hours in accordance with applicable laws.
The fire code official shall keep a record of each inspection made, including notices and orders issued, showing the findings and disposition of each.
The fire department shall keep a record of fires occurring within its jurisdiction and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by the fire code official.
Application for modification, alternative methods or materials and the final decision of the fire code official shall be in writing and shall be officially recorded in the permanent records of the fire code official.
Materials, equipment and devices approved by the fire code official shall be constructed and installed in accordance with such approval.
Materials, equipment and devices shall not be reused or reinstalled unless such elements have been reconditioned, tested and placed in good and proper working condition and approved.
To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to inspection by the fire code official, the fire code official is authorized to require the owner or owner's authorized agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the fire code official and shall analyze the fire safety properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon, to recommend necessary changes. The fire code official is authorized to require design submittals to be prepared by, and bear the stamp of, a registered design professional.
Where there are practical difficulties involved in carrying out the provisions of this code, the fire code official shall have the authority to grant modifications for individual cases, provided the fire code official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the files of the department of fire prevention.
The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. The fire code official is authorized to approve an alternative material or method of construction where the fire code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. Where the alternative material, design or method of construction is not approved, the fire code official shall respond in writing, stating the reasons why the alternative was not approved.
Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.
Where there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the fire code official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the fire code official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the fire code official for the period required for retention of public records.
When determined
by the Fire Marshal, or when requested by an
applicant for his own convenience and accepted by the
Fire Marshal, certain approvals may be granted which are not otherwise specifically required by Section
119.3. When conducting the necessary investigation
and tests, preliminary to the granting of such approvals,
the Department shall affix a fee for each four hours, or
fraction thereof, devoted to such investigations and
tests established as provided by Section 114.
- Every approval granted in accordance with the provisions of this subsection shall be valid for a period of three years after the date of granting and may be renewed for additional three-year periods.
- Applications for renewal of approvals shall be filed in the same manner as for an original approval.
- Each such application shall be accompanied by a renewal fee. Whenever the application for renewal is filed prior to the expiration date of the approval, the renewal fee shall be 50 percent of the current fee required for the first four hours. Whenever the application for renewal is filed after the expiration date of the approval, the renewal fee shall be as required for a new approval.
- The granting of a renewal of the approval shall be handled in the same manner as for an original approval.
The approval, by the Department,
of plans and specifications required by Chapter 1 of
this article shall constitute the approval of alternate materials,
design, or methods of compliance set forth in such
plans and specifications. Such approval shall not abrogate
any approval required by Chapter 9 of the LAMC for any
appliance, device or equipment.
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.
Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires when requested to do so.
The Chief shall have the authority to investigate
the cause, origin, and circumstances of every fire, explosion,
or other emergency occurring within the City. When
the Chief finds that a fire, explosion or other emergency is,
or may be, the result of a previously issued notice of hazard
or a violation of any law, the Chief shall have the
authority to take charge immediately of all physical evidence
in connection therewith.
The fire chief or officer of the fire department in charge at the scene of a fire or other emergency involving the protection of life or property, or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene, and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing that could impede or interfere with the operations of the fire department and, in the judgment of the fire chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.
The fire chief or officer of the fire department in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful efforts of the fire department to manage and control the situation and to handle fire apparatus, and to prevent any and all persons
from passing through any such barriers, and from entering
into any space set apart or enclosed by means thereof,
except persons having a pass as hereinafter specified.
Persons shall not obstruct the operations of the fire department in connection with extinguishment or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the fire department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department.
Persons shall not render a system or device inoperative during an emergency unless by direction of the fire chief or fire department official in charge of the incident.
When conducting firefighting
operations at emergencies, the Chief shall have
the authority to construct emergency firebreaks, utilize aircraft,
evacuate persons from the area, remove or impound
vehicles in the area, close or barricade streets, roads,
drives, or other access ways both public and private, ignite
backfires and conduct backfire operations, and exercise
such other power and authority as will, in his opinion, best
serve to control the emergency.
Nothing in
this chapter or code shall prohibit the payment of investigative
costs to the Fire Department by any person so convicted
of any provision of this article, to the Fire Department to restitute
said agency for all costs expended to investigate and/or
enforce the provisions of this code.
If in
the course of enforcing any federal, state, or local law or ordinance, the Department issues a Fire/Life Safety Order
to a person or persons and the person fails to comply with
that order, the Department shall collect a noncompliance
fee as set forth in Sections 104.12.1.1 through 104.12.1.3.
The noncompliance
fee shall be the hourly Inspector's salary rate multiplied
by the number of hours expended in reinspections after
the Fire/Life Safety Order has been issued (2 hours
minimum) and shall be paid by the owner. The first
reinspection after the Fire/Life Safety Order has been
issued will not be charged to the owner if the property
is in compliance at the time of that reinspection. If the
property is not in compliance at the time of the first
reinspection, then time involved in all subsequent reinspections
shall be chargeable as a noncompliance fee.
If multiple
reinspections of a violation are required in order to gain
compliance, the Department shall cause a noncompliance
fee billing to be sent to the property owner, either
at the time the Department finally gains compliance, or
when the Department seeks the filing of criminal
charges, unless a timely appeal has been filed. The Fire/
Life Safety Order shall contain the elements required in
Section 104.12.1.2. It shall state that the owner is
required to abate the hazard; set forth a reasonable time
in which to comply with the law; state that if the hazard
is not abated by the date specified on the notice as the
compliance date, the owner shall be responsible for
noncompliance fees, including administrative costs;
and state that these costs may ultimately result in a lien
against the property. Billing of the fees shall be by
United States mail, in a sealed envelope with postage
paid, addressed to the last known address of the person
served with the Fire/Life Safety Violation. Service of
the bill shall be deemed to have been completed at the
time of deposit with the United States Postal Service.
The person or persons served shall remit the noncompliance
fee to the Department within 30 days after the
date of service. Payment of the noncompliance fees
may be made by cash, check, certified check, cashier's
check, money order, or credit card. If the property
owner fails to make the payment in a timely manner,
then the Department may demand payment of the noncompliance
fee from the person or persons served for
the property involved, prior to the issuance of any permit,
certification, or approval to the person or persons
served, pursuant to the authority granted by Section
105.5.1. If the property owner fails to pay a noncompliance
fee imposed within 30 days, the Department shall
send a second notice in the same manner described above. If the property owner fails to pay the fee within
ten days after the second notice was mailed, a collection
fee equal to 50 percent of the original noncompliance
fee shall be imposed. This additional fee shall
become part of the debt immediately due and owing to
the Los Angeles Fire Department. The city shall have
the right to bring legal action in any court of competent
jurisdiction to enforce the order and collect the amount
of the fees. In addition to any other remedy provided by
law, the city may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or
interest, incurred in relation to the provisions of this
section as provided in Los Angeles Administrative Code
Sections 7.35.1 through 7.35.8. Nothing in this section
regarding the imposition of noncompliance fees shall
prevent the Department from pursuing other legal
action, including but not limited to the filing of criminal
charges in order to gain compliance with the Fire
Code.
Any property owner upon whom
a noncompliance fee has been imposed may appeal to
the Board of Fire Commissioners.
- The appeal shall be made in writing to the Board of Fire Commissioners, upon appropriate forms provided by the Department, within 15 days of the date of service of the billing.
- An appeal processing fee of $50.00 shall be paid by the appellant prior to the Board processing the appeal and making a determination.
- Additional inspections may be required in order to determine compliance with the Fire/Life Safety Order for purposes of preparing a Department presentation to the Board, or designee, for determination on appeal. The fee for these inspections shall be the hourly Inspector's salary rate multiplied by the number of hours expended (2 hours minimum) in the reinspection process, and shall be paid by the appellant.
- In any appeal, the appellant making the request shall cause to be made, at the appellant's own expense, any tests required by the Board to substantiate the claims.
- The Board may hold any hearings it deems appropriate to consider the appeal. The Board of Fire Commissioners or its designee shall conduct the hearings.
- The Board shall determine whether to modify or rescind the fees, or to impose and require the owner to pay the fees. This determination shall be based on evidence in the record of any error on the part of the Fire Department or extreme hardship on the part of the property owner. This determination by the Board shall be final. (Added by Ord. No. 172,699, Eff. 8/15/99.) The fees and charges imposed pursuant to Section 104.12 of the LAMC may be collected on the County tax rolls.
In the event a public nuisance caused by the presence
of flammable or hazardous materials is abated by the Fire Department, either pursuant to its authority under this code or
upon request by any other City department, or is abated by
any other city department having authority to abate the nuisance,
the costs of abatement, including any cost incurred by
the city in using non-City personnel to abate the nuisance,
shall be recovered by the city from the person or persons creating,
causing, committing, or maintaining the nuisance. All
costs incurred pursuant to this section shall be a personal
obligation against the person or persons creating, causing,
committing, or maintaining the nuisance and the owner of the
property, recoverable by the city in an action before any court
of competent jurisdiction. These costs shall include an
amount equal to 40 percent of the cost to perform the actual
work, but not less than the sum of $100.00, to cover the
City's costs for administering any contract and supervising
the work required. In addition to this personal obligation and
all other remedies provided by law, the city may collect any
judgment, fee, cost, or charge, including any permit fees,
fines, late charges, or interest, incurred in relation to the provisions
of this section as provided in Los Angeles Administrative
Code Sections 7.35.1 through 7.35.8.
In enforcing the provisions
of this article and such orders, rules and regulations,
variances and standards in connection therewith, the Chief is
hereby given the powers of peace officers. They are empowered
to inspect and summarily abate any condition that constitutes
an immediate hazard to life by reason of fire,
explosion or panic, or potential fire, explosion or panic, or
otherwise by reason of the presence of hazardous materials.
The
Board shall have the power to grant slight variances from the
provisions of this article; provided that, before authorizing
such variances, the Board shall first find cause therefor in fact
in that strict enforcement of this article is impractical, or creates
unnecessary hardship, or is otherwise adjudged unwarranted
in each instance. Such variances must be in conformity
with the spirit and purpose of this article and must secure the
public safety.
The Board shall have the power
to waive any part or all of the provisions of this article
which may apply to a refinery, natural gasoline plant, or laboratory where such is found to be in an adequately separated
installation at which fire protection and emergency
facilities especially adapted to the needs are available and
where the Board determines that by reason of such isolation
and protection, the public safety is assured and no
unreasonable hazard will result to persons or property.
Each
application for a variance or waiver shall be filed at the
office of the Bureau of Fire Prevention and Public Safety
and shall be accompanied by such maps, drawings, letters,
statements, and other supporting data as may be required
to justify the request in question. Except when such an
application is in conjunction with an application for a permit
required by Section 105.7.1.1 of this article, it shall be
accompanied by payment of a fee established by the most
current cost recovery schedule published as provided by
Section 114 of this article. An application for two or more
variances may be filed upon a single application and only
one fee shall be paid, provided that all such variances are
located at the same address and are for the same person.
The Fire Marshal shall cause an
investigation to be made of every application for a variance
or waiver. Such investigation shall be made by authorized
members of the fire department. At the conclusion of
the investigation, the Fire Marshal shall transmit the application,
together with his recommendation, to the Board of
Fire Commissioners.
Whenever
the Chief determines it is essential for the safeguarding of life
and property from fire, explosion, panic, or other hazardous
conditions which may arise in the temporary use of an occupancy
and/or premises, he may require one or more fire safety
officers to be present during the activity. No such use of an
occupancy or premises shall proceed without a timely request
to the Chief, as provided in this section, for assignment of a
fire safety officer.
Whenever the
Chief determines that a uniformed fire safety officer shall
be present, the Department shall collect a fee established
by the Board. Said fee shall constitute the total sum payable
from any source for the services of that person. The
Board, with the concurrence of the City Administrative
Officer, shall determine on a regular basis the verifiable
cost of the city for the fire safety officer. These costs shall
be the actual total cost, as determined by the Board.
Whenever the
Chief determines that a certified fire safety officer is
required, payment for the services of said officer shall be
paid to the officer by the person engaging the services of
the certified fire safety officer. For each such certified fire
safety officer assigned by the Chief, the hourly rate shall
be the rate established in the existing Los Angeles Fire
Department Memorandum of Understanding for Fire
Inspector 1. Said fee shall constitute the total sum payable
from any source for the services of that person. Payment for a certified fire safety officer shall be based on the following
requirements:
- Four-hour minimum workday.
- Time and one-half after eight hours.
- Time and one-half for Saturdays and Sundays.
- Time and one-half for holidays identified by the existing Los Angeles Fire Department Memorandum of Understanding for Fire Inspector 1.
Request for the assignment of a fire
safety officer shall be made to the office of the Bureau of
Fire Prevention and Public Safety during normal business
hours not less than 24 business hours in advance of the
need. For weekend assignment or when a holiday will
intervene, the request shall be made 48 hours in advance.
The
Board is authorized to issue approved passes entitling the
holders thereof to pass Fire Department barriers at the discretion
of the Incident Commander. Such passes shall bear a
number and a statement of the purpose of issuance, together
with the words "Los Angeles Fire Department."
At the scene of an
emergency, credentials which clearly establish the authority
of the holder hereof to enter the premises, may be honored
by the Department at the discretion of the Incident
Commander.
Every pass presented for
admittance beyond a fire department barrier by any person
not entitled to the privilege accorded thereby shall be collected
by the Chief or any police officer, and all such
passes so collected shall be immediately returned to the
Board. No unauthorized person shall enter or refuse to
leave the area officially closed off by any Department barrier.
The duly authorized official
badge or credentials of any government officer or
employee who is required to pass through a Department
barrier in the performance of duty shall entitle such person
to pass through such barrier at the discretion of the Incident
Commander.
The Chief is hereby authorized to furnish and use
supplies, equipment, or apparatus, and assign regular members
of the Department, for the protection or preservation of
life, property, and public welfare in the city in any emergency
or rescue operation, provided such use or assignment will not
interfere with nor hinder the performance of the charter functions
of the Department. The Chief shall have the power to
make and enforce rules and regulations, in accordance with
Section 104.1.1, for the use of such supplies, equipment, or
apparatus, and for the assignment of members of the Department
in emergencies or rescue operations as are necessary to
carry out the purposes and intent of this article.
The Chief of
Police and his duly authorized representatives shall have the
power and are hereby directed, upon the request of the Fire Chief or his representatives, to assist in the enforcement of
the provisions of this article.
The original negative and
sound track of any film or tape produced as a part of the
public fire safety education program by the Department
may, by order of the Board, be filed with the Chief, and
copies thereof may be issued only upon the payment of the
fees or pursuant to contract as provided in this section.
The Board may, by resolution
or by contract, establish the fees to be paid to the
Department for the obtaining of copies of films, tapes and
sound tracks. Fees shall be calculated on the basis of
actual cost incurred in the production of such original
films, tapes, and sound tracks, including the pro rata cost
of reproduction and distribution of copies thereof, based
upon the estimated number of copies that might be applied
for, or upon any other reasonable formula the Board may
determine.
Moneys derived
from the sale, distribution, or rental of such films, tapes,
and sound tracks shall be paid into the General Fund of the
City as Departmental receipts.
There shall be five types of permits as follows:
- Operational permit. An operational permit allows the applicant to conduct an operation or a business for which a permit is required by Section 105.6 for either:
- 1.1. A prescribed period.
- 1.2. Until renewed or revoked.
- Specific action or project permit. A specific action or project permit allows the applicant to use, install or modify systems and equipment or conduct an operation for which a permit is required by Section 105.7.
- Special permit. Section 105.8.
- High-rise inspection permit. Section 105.9.
- Unified program facility permit. Section 120.
No
person shall sell, offer for sale, install, operate, maintain,
or use any appliance, device, equipment, or system
which requires a permit, a special permit, or a general
approval by provisions of this article, unless such permit,
special permit, or general approval is then in
effect.
Where more than one permit is required for the same location, the fire code official is authorized to consolidate such permits into a single permit provided that each provision is listed in the permit.
A permit issued
under the provisions of Section 105.6 shall be valid
only for the person in whose name it is issued, and for
the location shown on the permit. Separate locations
require separate permits.
Where equipment replacement and repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the fire code official.
Application or notice to the fire code official is not required for ordinary repairs to structures, equipment or systems. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall any repairs include addition to, alteration of, replacement or relocation of any standpipe, fire protection water supply, automatic sprinkler system, fire alarm system or other work affecting fire protection or life safety.
Instead of an individual construction permit for each alteration to an already approved system or equipment installation, the fire code official is authorized to issue an annual permit upon application therefor to any person, firm or corporation regularly employing one or more qualified tradespersons in the building, structure or on the premises owned or operated by the applicant for the permit.
The person to whom an annual permit is issued shall keep a detailed record of alterations made under such annual permit. The fire code official shall have access to such records at all times or such records shall be filed with the fire code official as designated.
Application for a permit required by this code shall be made to the fire code official in such form and detail as prescribed by the fire code official. Applications for permits shall be accompanied by such plans as prescribed by the fire code official.
If the application for a permit describes a use that does not conform to the requirements of this code and other pertinent laws and ordinances, the fire code official shall not issue a permit, but shall return the application to the applicant with the refusal to issue such permit. Such refusal shall, where requested, be in writing and shall contain the reasons for refusal.
Before a new operational permit is approved, the fire code official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces or areas to be used to determine compliance with this code or any operational constraints required.
An application for a permit for any proposed work or operation shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the fire code official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.
The fire code official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the fire code official shall reject such application in writing, stating the reasons therefor. If the fire code official is satisfied that the proposed work or operation conforms to the requirements of this code and laws and ordinances applicable thereto, the fire code official shall issue a permit therefor as soon as practicable.
A permit shall constitute permission to maintain, store or handle materials; or to conduct processes that produce conditions hazardous to life or property; or to install equipment utilized in connection with such activities; or to install or modify any fire protection system or equipment or any other construction, equipment installation or modification in accordance with the provisions of this code where a permit is required by Section 105.6 or 105.7. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of this code or other applicable regulations or laws of the jurisdiction.
An operational permit shall remain in effect until reissued, renewed or revoked, or for such a period of time as specified in the permit. Construction permits shall automatically become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Before such work recommences, a new permit shall be first obtained and the fee to recommence work, if any, shall be one-half the amount required for a new permit for such work, provided that changes have not been made and will not be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. Permits are not transferable and any change in occupancy, operation, tenancy or ownership shall require that a new permit be issued.
A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit where work is unable to be commenced within the time required by this section for good and satisfactory reasons. The fire code official is authorized to grant, in writing, one or more extensions of the time period of a permit for periods of not more than 180 days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated.
The building or structure shall not be occupied prior to the fire code official issuing a permit and conducting associated inspections indicating the applicable provisions of this code have been met.
Where permits are required and upon the request of a permit applicant, the fire code official is authorized to issue a conditional permit to occupy the premises or portion thereof before the entire work or operations on the premises is completed, provided that such portion or portions will be occupied safely prior to full completion or installation of equipment and operations without endangering life or public welfare. The fire code official shall notify the permit applicant in writing of any limitations or restrictions necessary to keep the permit area safe. The holder of a conditional permit shall proceed only to the point for which approval has been given, at the permit holder's own risk and without assurance that approval for the occupancy or the utilization of the entire premises, equipment or operations will be granted.
Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official.
Each valid permit issued pursuant to the provisions
of Section 105.6 shall be posted in a conspicuous place
on the premises for which the same is issued. Persons
engaged in the business of operating or maintaining any
oil well shall keep the permit available for inspection at
the main office or principal place of business of the permittee.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the fire code official from requiring the correction of errors in the construction documents and other data. Any addition to or alteration of approved construction documents shall be approved in advance by the fire code official, as evidenced by the issuance of a new or amended permit.
The fire code official shall issue all permits required by this code on an approved form furnished for that purpose. The permit shall contain a general description of the operation or occupancy and its location and any other information required by the fire code official. Issued permits shall bear the signature of the fire code official or other approved legal authorization.
The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinances of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents, operational documents and other data shall not prevent the fire code official from requiring correction of errors in the documents or other data.
Operational permits under
the provisions of Section 105.6 for activities listed under
Sections 105.6.1 through 105.6.31 shall comply with the
requirements of Sections 105.3.9 through 105.3.9.8.6
Applications
for operational permits under the provisions of
Section 105.6 for activities listed under Sections
105.6.1 through 105.6.31 shall comply with the
requirements of Sections 105.3.9.1.1 through
105.3.9.1.2.2
All applications for permits
required by Section 105.6 shall be filed with the
Office of Finance and shall be in writing on forms
provided by the Office of Finance. Such applications
shall be accompanied by the permit fees required by
this article.
Applications
for permits required by this chapter shall, unless otherwise
required by the Department, contain the following
information:
- The name and address of the applicant.
- A description of the property by street and number wherein or whereon the applicant proposes to engage in the business, operation, or to occupy the premises for which the permit is required, and if the same has no street number, then such description as will enable it to be easily located.
- A statement signed by the applicant or the applicant's authorized representative signifying the applicant is in charge of such business, operation, occupation, or premises, and agrees to comply with all regulations, laws, or ordinances pertaining thereto.
If the application is for a
permit to store, process, or use hazardous materials
aboveground of the type and in the amounts
exceeding those set forth in Table 105.6.14 of
this chapter or exceeding the permit amounts for
hazardous materials in Chapter 50, it shall state thereon the maximum aggregate quantity of such
materials which the applicant intends to store,
process, or use at any time and the business shall
comply with all inventory reporting and business
plan requirements in Section 121.
If the application is for a permit for assembly
occupancies, it shall be accompanied by three
copies of a floor plan which clearly indicates the
maximum capacity for the proposed use. The
plans shall be drawn to scale and show all seats,
cross aisles, and exit doorways in accordance
with the provisions of this article.
Investigation and procedure
for granting power to deny permits shall be in accordance
with Sections 105.3.9.2.1 and 105.3.9.2.2
Investigation and procedure for granting
permits shall be as follows:
- The Fire Marshal shall investigate application for a permit, and such investigation shall be made by authorized members of the Department.
- The Fire Marshal may require such additional information as may be necessary to carry out the investigation of the application for a permit.
- The Chief shall determine the allowable occupant load permitted for an assembly or institutional occupancy based upon the aisle and exit provisions of Chapter 10 of this article. The allowable occupant load shall not exceed the maximum occupant load designated in the Certificate of Occupancy issued by the Department of Building and Safety, or in the absence of such certificate, the maximum occupant load approved by the Chief.
- If, after investigation and consideration of any application, and any plans or specifications required in connection therewith, the Chief shall determine that the proposed business, operation, occupation or premises will not create any undue hazard as a result of fire or panic, and the applicant will comply with any requirements of this article and all other applicable laws, the Chief shall approve the application.
- The Chief's approval of the application may be made subject to terms and conditions necessary for the safeguarding of life and property from the hazards of fire, explosion or panic.
- On approval of the application by the Chief and the payment of the required fee the Office of Finance shall issue the permit.
The Chief, in his discretion,
is hereby empowered to deny or withhold approval of a permit for which an application has
been made if the building, premises, equipment,
apparatus, vehicle reasonable facilities for the establishing,
maintaining, conducting operating the business,
operation, occupation, or premises for which
the permit is requested is or are insufficient or are
unfit or incapable of being used, maintained, established,
or operated to comply with this article or
other applicable laws and the Rules and Regulations
of the Department.
Each permit issued by the
Office of Finance shall be in accordance with the provisions
of this section and shall have set forth upon the
face thereof the following.
- The name of the person to whom issued;
- The classification or type of business, operation, occupation, or premises for which such permit is issued;
- The address where the business, operation, occupation, or premises is located and where the address is different from that of the applicant, the address designated by the applicant or his or her authority agent for mailing purposes. The mailing address so appearing shall be the address to which all notices required or authorized in this article shall be sent unless the applicant or permittee shall request the Office of Finance, in writing, that another address be used for such purposes;
- The signature of the Chief printed thereon;
- The date of expiration of the permit, and the date upon which the annual permit fee shall be due and payable.
No permit shall be transferable
except when the business, operation, occupation,
or premises for which the permit is issued, is
transferred, whether by sale or otherwise, to another
person under such circumstances that the ownership
after the transfer is substantially similar to the ownership
existing before the transfer.
Power of revocation and suspension of permits
shall be in accordance with Sections 105.3.9.6.1
through 105.3.9.6.3
Notwithstanding any
other provisions of this article to the contrary, the Chief shall have the power to revoke or suspend any
permit, at his discretion, upon proof to the satisfaction
of the Chief of violation by the permittee of the
provisions of this article, the Rules and Regulations
of this Department adopted under the authority of
Section 104.1.1, or the terms and conditions of any
permit as may be specified under the authority of
Section 105.3.9 of this article. Such revocation or
suspension shall be in accordance with the provisions
of 105.5 of this article.
Whenever
any person fails to comply with any provisions of
this chapter pertaining to contractor's liability insurance
or the payment of permit fees, the Office of
Finance upon hearing, after giving such person 10
days notice in writing, specifying the time and place
of hearing and requiring the person to show cause
why the permit should not be revoked for such failure,
may revoke or suspend any one or more of the
permits held by such person. The notice shall be
served in the same manner as notices are served
under Section 21.16 of the LAMC
It shall be unlawful for any person to engage in
any business, operation, or occupation, or use any
premises, after the permit issued therefore has been
suspended or revoked pursuant to the provisions of
this chapter unless the permit has been reinstated or
a new permit issued. Any person who engages in
any business, operation, or occupation, or uses any
premises, after the permit issued therefore has been
suspended or revoked pursuant to the provisions of
this section, and before such suspended permit has
been reinstated or a new permit issued, shall be
guilty of a misdemeanor.
If the Office
of Finance finds that any permit fee due or believed to
be due under the provisions of this chapter cannot be
collected, or that efforts to collect any such amount
would be disproportionately costly with relation to the
probable outcome of the collecting efforts, the Office of
Finance may prepare a report setting forth his or her
findings and the reasons therefor, and submit it to a
Board of Review constituted as provided in Section
21.16 of the LAMC. On unanimous approval of a finding
by the Board of Review, the Office of Finance may
remove from his active accounts receivable any unpaid
fee owing or believed to be owing from one person
which amounts to less than $100.00. If the report
relates to a claim for the fees owing or believed to be
owing from one person which amounts to $100.00 or
more, the Board of Review shall make its recommendations
upon the finding and, if the Board of Review
unanimously approves the finding, submit it to the
Council with the finding of the Office of Finance. If the
Board of Review does not unanimously approve the
finding, the matter shall be returned to the Office of
Finance. Upon the approval of the findings by the
Council, the Office of Finance may remove from his
active accounts receivable the amount so approved. The Office of Finance may include in a single report his
findings and supporting reasons regarding fees due
from more than one person. The removal from the
active accounts receivable of the Office of Finance of
any unpaid fee as provided herein shall not preclude the
City from collecting or attempting to collect any such
fee that later proves to be collectible.
Each application for a permit for the drilling, operation,
maintenance of any oil well shall be accompanied by a
bond or bonds in duplicate and executed by the applicant
as principal and by a surety company authorized to
do business in this State as surety, or by the applicant
with two responsible sureties satisfactory to the City
Attorney. All such bonds shall be approved by the City
Attorney as form and content. Required bonds shall
comply with Sections 105.3.9.8.1 through 105.3.9.8.6.
Unless otherwise provided, a
bond in the sum of $10,000 shall be filed with the
Office of Finance for each oil well for which a permit
is required; provided however, that the applicant,
in lieu of filing individual bonds for each such
well, may file a blanket bond in the sum of $50,000
covering all oil wells for which a permit is required:
- Where the $50,000 blanket bond is filed, each additional oil well not described in said bond shall be covered hereunder by a rider, submitted in duplicate and attached thereto, specifically describing such additional property as the bond is to cover, said rider is to be executed by the principal and surety in the same manner as the bond is executed and shall be approved by the City Attorney as to form and content;
- The total aggregate liability under the blanket bond shall be limited to the sum of $50,000, provided however, that the maximum liability for any one oil well shall not exceed the sum of $10,000.
The conditions
of the bond shall specify that the principal shall
comply with all of the provisions and requirements
of this article and any and all amendments thereto,
and that in default thereof the principals shall upon
demand pay to the City of Los Angeles all charges,
costs, and expenses incurred by the City in respect to
any abandonment or demolition of any oil well, in
the event of a failure on the part of the principal to
abandon or demolish any oil well as required by this
article, and shall upon demand pay to the City all
charges, costs, and expenses incurred by the City in
respect to altering, reconstruction or repairing any
oil well so as to cause the same to comply with the
provisions of this Article in the event of the failure
on the part of the principal to comply with such provisions.
In lieu of a
surety bond as herein prescribed, the City Attorney
may accept an agreement of indemnity executed by
the applicant or permittee and accompanied by a
deposit of cash in substantially the following form
and manner:
- The applicant or permittee shall deposit, and at all times maintain on deposit with the Treasurer of the City of Los Angeles, an amount in cash equivalent to the amount of the bond required by the provisions of this article;
- The applicant or permittee, concurrently with the making of said deposit, shall execute and deliver to the Office of Finance an agreement in writing, which shall be subject to the approval of the City Attorney as to form and content, confirming the deposit and agreeing to indemnify the City against any loss and damage arising out of the failure on the part of the applicant or permittee faithfully to comply with the provisions of this article;
- The City Treasurer shall have the custody of the cash deposited hereunder;
- The Chief shall determine the fact of a default by the applicant or permittee in the performance of all of the terms and conditions of this article and the amount of all charges, costs, and expenses incurred by the City, thereby provided for herein and shall order the payment thereof from the deposit. The Chief shall transmit his findings and order to the treasurer who shall make payment to the City for all charges, costs, and expenses incurred;
- The agreement of indemnity herein provided for may set forth such additional terms and conditions as the City Attorney finds necessary or convenient to carry out the purposes and intent of the LAMC.
Whenever the Chief
extends the time in which the permittee may perform
any acts required by this article, such extension
of time shall not be deemed to exonerate or discharge
any surety upon any bond filed hereunder.
The Chief
shall have the power to authorize all necessary acts
to be done to make any such oil well comply with
the provisions of this article relating thereto or to
perform the necessary acts to abandon and demolish
any such oil well and to restore the property to its
natural condition. The City Controller shall approve
all warrants held by the City Treasurer for the necessary
expense incurred in correcting the violation of
this article relating thereto and the abandoning and
demolition of any such oil well.
Construction documents and supporting data shall be submitted in two or more sets with each application for a permit and in such form and detail as required by the fire code official. The construction documents shall be prepared by a registered design professional where required by the statutes of the jurisdiction in which the project is to be constructed.
Exception: The fire code official is authorized to waive the submission of construction documents and supporting data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.
The fire code official shall examine or cause to be examined the accompanying construction documents and shall ascertain by such examinations whether the work indicated and described is in accordance with the requirements of this code.
Construction documents shall be drawn to scale upon suitable material. Electronic media documents are allowed to be submitted where approved by the fire code official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules and regulations as determined by the fire code official.
Shop drawings for the fire protection system(s) shall be submitted to indicate compliance with this code and the construction documents, and shall be approved prior to the start of installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9.
It shall be the responsibility of the applicant to ensure that the construction documents include all of the fire protection requirements and the shop drawings are complete and in compliance with the applicable codes and standards.
Construction documents approved by the fire code official are approved with the intent that such construction documents comply in all respects with this code. Review and approval by the fire code official shall not relieve the applicant of the responsibility of compliance with this code.
The fire code official is authorized to issue a permit for the construction of part of a structure, system or operation before the construction documents for the whole structure, system or operation have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for parts of a structure, system or operation shall proceed at the holder's own risk with the building operation and without assurance that a permit for the entire structure, system or operation will be granted.
Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents.
One set of construction documents shall be retained by the fire code official for a period of not less than 180 days from date of completion of the permitted work, or as required by state or local laws. One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress.
The revocation, suspension, or denial of permits, special permits,
general approvals, and certificates of fitness shall comply
with Sections 105.5.1 and 105.5.3.
In addition
to all other penalties prescribed herein, the Chief shall
have the power to revoke, suspend, or deny the granting of
any permit, special permit, general approval, or Certificate
of Fitness, required pursuant to the provisions of this article,
for any of the following reasons:
- When necessary for the protection of life and property; or
- Violation of any provision of this article or any rule or regulation adopted hereunder; or
- Violation of applicable law; or
- Violation of any of the terms or conditions of such permit, special permit, general approval, or Certificate of Fitness; or
- Changing the occupancy, equipment, materials, processes, or other conditions as permitted on a premises in such a manner as to create a greater risk of fire or explosion or less protection than was present at the time of issuance of such permit, special permit, general approval, or Certificate of Fitness; or
- Upon a finding by the Chief of any practice constituting a fraud upon the public; or
- Upon a finding by the Chief of evidence of inability, lack of necessary expertise, or willful or negligent failure to properly and safely perform the duties for which a Certificate of Fitness is granted; or
- Upon a finding by the Chief of evidence of a lack of cooperation with, or courtesy to, members of the public, the Department, or other agencies in the conduct of the activity for which the certificate was issued.
No person shall act
as an agent or representative for or on behalf of any person whose permit, special permit, general approval,
or Certificate of Fitness has been revoked or suspended
by the Chief with respect to any matter covered by such
permit, special permit, general approval, or Certificate
of Fitness during the period of such revocation or suspension.
Generally no permit, special
permit, general approval, or Certificate of Fitness shall be
suspended or revoked until a hearing is held by the Chief.
Written notice shall be served not less than five days and
not more than 10 days prior to the date of such hearing on
the owner or any other person lawfully in possession of
such permit, approval, or certificate. Said notice shall state
the grounds of the complaint against the owner or other
person together with the time and place the hearing will be
held. Service of notices and the conduct of the hearing
shall be in conformance with the requirements of Sections
11.00 and 22.02 of the LAMC. Any permit, special permit,
general approval, or Certificate of Fitness may be temporarily
suspended by the Chief for violation of the terms
thereof, when immediate action is necessary to abate conditions
dangerous to life or property, without such notice
and hearing.
All
permits and special permits shall become void upon any
change of owner or location shown on the permit.
The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.31. The
provisions of this section apply to permits which constitute
authority for a continuing action by the permittee. No person
or owner shall use any premises or engage in any activities
described herein without having obtained a permit pursuant
to this section.
An operational permit is
required to engage in the business of an aircraft fueling
station. An aircraft fueling station is that portion of a
premise which handles the transfer of flammable or combustible
liquids or liquefied flammable gas into or from an
aircraft or fueler. It includes the pumps, underground piping,
and main storage tanks used to store and dispense the
fuels. Only one permit is required for all buildings, structures
or space owned by the same person at the same location.
An operational permit is
required to engage in the business of an aircraft refueler.
An aircraft refueler is any cargo tank vehicle used for the
transportation and transferring of flammable or combustible
liquids or liquefied flammable gas to or from fuel
tanks or compartments of aircraft.
An operational permit is
required to engage in the business of operating an airport
fueling system. An airport fueling system is an arrangement
of aviation fuel storage tanks, pumps, piping, and
associated equipment, or aircraft fuel servicing vehicles,
installed at an airport and designed to service aircraft at
fixed positions.
An operational permit is
required to engage in the business of operating a private
airport. An airport is an area of land or structural surface
that is used, or intended for use, for the landing and taking
off of aircraft with an overall length greater than 39 feet
(11887 mm) and an overall exterior fuselage width greater
than 6.6 feet (2012 mm), and any appurtenant areas that
are used or intended for use for airport buildings and other
airport facilities.
An operational permit is
required to engage in the business of operating a place of
public assemblage. A place of public assemblage is any
building or premises having assemblage capacity greater
than 49 persons, designed for entertainment, instruction,
worship, meetings, display, or consumption of food or
drinks. The showing of motion pictures when an admission
is charged, the premise is open to the public and has a
capacity of 10 or more persons.
An operational permit
is required to engage in the business of a bulk distributing
station. A bulk distributing station is any distributing station
where flammable or combustible liquids with a loading
rack are received by tank vessel, pipeline, tank car, or
tank vehicle, and are stored or blended in bulk for the purpose
of distributing such liquids by tank vessel, pipeline,
tank car, tank vehicle, or container.
An operational permit is required to engage in the
business of operating a central station signaling system,
supervising station. A central station signaling system is a
system consisting of electrically operated circuits and
equipment, which transmits alarms from buildings and
structures equipped with a fire protection system to a central
station which is controlled and operated by a Department-
approved person or firm whose business is the
furnishing and maintaining of such a system and where
qualified personnel are in attendance at all times to notify
the fire department of any alarm received.
An operational permit is required to engage
in the business of a community care facility. A community
care facility is any facility, place, or building that is maintained
and operated to provide nonmedical day treatment,
adult day care, including, but not limited to, the physically
handicapped, mentally impaired, incompetent persons,
and includes the following for greater than six persons 18
years old and over:
An operational permit is
required to engage in the business of a cylinder filling
plant. A cylinder filling plant is any lot or parcel of land or
portion thereof used for the purpose of filling portable
pressure vessels with liquefied flammable gas, flammable
gas or other gas which is defined as a toxic material, oxidizing
material or unstable material.
An operational permit is required to engage in the business of dry cleaning or to change to a more hazardous cleaning solvent used in existing dry cleaning equipment.
A dry cleaning plant is any
building, premises or room in which the actions of dry
cleaning or dyeing are performed frequently or regularly,
whether as a primary business or as an accessory operation
useful or necessary to some other business.
An operational permit is
required to store, process, or use materials above ground
of the type and in the amounts exceeding those set forth in
Table 105.6.14 of this chapter or exceeding the permit
amounts for hazardous materials in Chapter 50.
| TYPE | QUANTITY |
| 1. Air-reactive materials | No exemption |
| 2. Water-reactive materials | No exemption |
| 3. Unstable materials | No exemption |
| 4. Explosive materials Class A Class B |
No exemption 10 lbs. |
| 5. Fireworks | No exemption |
| 6. Smokeless powder | 20 lbs. |
| 7. Black sporting powder | 5 lbs. |
| 8. Small arms ammunition | 1,000 lbs. (net weight) |
| 9. Flammable gases | 3,000 cu. ft. |
| 10. Liquified flammable gases | 60 gal. |
| 11. Flammable liquids Class IA Class IB Class IC Combination of flammable liquids with not more than the exempt amount of Class IA, IB, or IC liquids |
60 gal. 120 gal. 180 gal. 240 gal. |
| 12. Combustible Liquids Class II Class III |
240 gal. 500 gal. |
| 13. Combustible metals | 500 lbs. |
| 14. Flammable fibers Loose Baled |
100 cu. ft. 1,000 cu. ft. |
| 15. Flammable solids | 500 lbs. |
| 16. Toxic materials |
No exemption 400 cu. ft. 100 lbs. No exemption |
| 17. Oxidizing materials |
504 cu. ft. 50 gal. 500 lbs. |
| 18. Organic peroxides Class I, II, III Class IV |
No exemption 10 lbs. |
| 19. Corrosive materials |
200 gal. 2,000 lbs. |
| 20. Ammonium nitrate compound mixtures containing more than 60% nitrate weight | 1,000 lbs. |
An operational permit is required to
engage in the business of operating a heliport. A heliport is
an area of land, water, or structure used or intended to be
used for the landing and takeoff of helicopters (excluding
"emergency use only" heliports).
Exception: Heliports used only as emergency helicopter
landing facilities on high-rise buildings, as required
by the Department.
An operational permit is required to
engage in the business of a hospital. This occupancy shall
include buildings and structures used for medical, surgical,
psychiatric, or custodial care on a 24-hour basis for more
than six persons who are classified as nonambulatory or
bedridden;
Also included are nursing or custodial care nursing homes This occupancy shall include nursing or custodial care nursing homes (both intermediate care facilities and skilled nursing facilities) on a 24-hour basis for more than six persons who are classified as nonambulatory or bedridden, and detoxification facilities.
Hospitals
Mental hospitals
Mental hospitals
Also included are nursing or custodial care nursing homes This occupancy shall include nursing or custodial care nursing homes (both intermediate care facilities and skilled nursing facilities) on a 24-hour basis for more than six persons who are classified as nonambulatory or bedridden, and detoxification facilities.
An operational permit is required to
engage in the business of a hotel. A hotel is any residential
building designed or used for or containing six or more
guest rooms or suites of rooms, but not including any institution
in which human beings are housed or detained
under legal restraint.
An
operational permit is required to engage in the business of
operating a laboratory. Only one laboratory permit shall be
required for all buildings or structures operated by same
permittee at the same location. A laboratory is an occupancy
devoted to experimental study in science, or to testing,
analysis, inspection, research or process control and
development. Laboratories may contain one or more separate
laboratory work areas that involve the use of hazardous
materials.
An operational permit is
required to engage in the business of a marine oil terminal. A marine oil terminal is any plant, station, premises, or
equipment used in connection therewith, located on the
harbor or ocean front, which is designed and intended to
deliver to or receive from oceangoing vessels liquefied or
gaseous hazardous materials or flammable or combustible
liquids.
An operational permit is
required to engage in the business of a marine service station.
A marine service station is any station, plant, premises
or equipment used in connection therewith, where
flammable or combustible liquids used as motor fuels are
dispensed from equipment, on shore, piers or wharves to floating craft for fuel, except bunkering facilities for
oceangoing vessels.
An operational permit is
required to engage in the operation of a natural gasoline
plant. A natural gasoline plant is any facility in which gasoline
is extracted from petroleum vapors produced at the
well.
An operational permit is required to
engage in the operation of an oil well. An oil well is any
well or hole already drilled, being drilled or to be drilled
for, prospecting for, or producing petroleum, natural gas,
or other hydrocarbon substances; or is used or intended to
be used for the subsurface injection of oil field waste,
gases, water or liquid substances; including any such
existing hole, well or casing which has not been abandoned.
The notices for application and/or cancellation for
a permit under this classification are handled by the Fire
Inspector in the Harbor Industrial Unit. Except that "Oil
well" shall not include "temporary geological exploratory
core hole."
An operational permit is required to
engage in the business of operating a refinery. A refinery
is any plant, premises or facility used for the process or
production of petroleum, chemicals, or petrochemicals
from raw or basic materials to marketable products in
amounts exceeding 100 barrels per day capacity.
An operational permit
is required to engage in the business of a residential care
facility. This occupancy shall include buildings, structures
or parts thereof housing more than six clients, on a
24-hour basis, who because of age, mental disability or other
reasons, live in a supervised residential environment that
provides personal care services. This category may contain
clients that are ambulatory, nonambulatory and/or
bedridden. This group shall include, but not be limited to,
the following:
Assisted living facilities, such as:
Residential care facilities
Residential care facilities for the elderly (RCFEs)
Adult residential facilities
Congregate living health facilities
Group homes
Residential care facilities for the chronically I11
Congregate living health facilities for the terminally I11
Social rehabilitation facilities such as:
Halfway houses
Community correctional centers
Community correction reentry centers
Community treatment programs
Work furlough programs
Alcoholism or drug abuse recovery or treatment facilities.
Assisted living facilities, such as:
Residential care facilities
Residential care facilities for the elderly (RCFEs)
Adult residential facilities
Congregate living health facilities
Group homes
Residential care facilities for the chronically I11
Congregate living health facilities for the terminally I11
Social rehabilitation facilities such as:
Halfway houses
Community correctional centers
Community correction reentry centers
Community treatment programs
Work furlough programs
Alcoholism or drug abuse recovery or treatment facilities.
An operational permit is required to
engage in the business of a school. A school is every
building or portion thereof used for education, training, or
instruction through the twelfth grade for more than six persons
for more than 12-hours per week or 4 hours in any
one day.
Exception: Rooms accessory to a church and used for
religious education for not more than two days per
week are exempt.
(Original fee only.) An operational permit is required to
engage in the operation of a service center for armed
forces personnel. A service center for armed forces personnel
is any building or premises having assemblage
capacity greater than 49 persons designed for entertainment,
display, or consumption of food or drinks. Military
personnel and family will holdover at this facility awaiting
flights to other military destinations.
An operational permit is required
to engage in the business of a special school. A special
school is any building, premises, or portion thereof used
for education, training, or instruction of more than six students,
16 years of age or under, for more than 8 hours per
week. Examples are dance, ballet schools, etc.
An operational permit is
required to engage in the operation of a surgical center. A
surgical center is any healthcare facility that receives persons
for outpatient medical care that may render the
patient incapable of unassisted self-preservation and
where each tenant space accommodates more than five
such patients.
An operational permit is required
to engage in the business of a little theater. A little theater
is any room, hall, auditorium or premises having a stage
not requiring a fire-resistive curtain or auto sprinklers.
An operational permit
is required to engage in the business of motion picture theater.
A motion picture theater is any building or premises
or portion thereof designed or used for the showing of
motion pictures, when an admission fee is charged and
when such building or premises is open to the public and
has a capacity of 10 or more persons.
No person,
firm, or corporation shall engage in any specific action
or project for which a permit is required by this section without
first having obtained a valid permit from the Department.
The fire code official is authorized to issue specific action or
project permits for work as set forth in Chapter 1, Section
105.7.1.
A specific action or project permit is
required to erect, install or relocate any appliance,
device, or system listed in this subsection when such
equipment is to be used in connection with hazardous
materials, hazardous waste, or hazardous plastics.
- Atmospheric tank exceeding 60 gallons (227 L) capacity.
- Low pressure tank exceeding 60 gallons (227 L) water capacity.
- Pressure vessel exceeding 60 gallons (38 710 mm2) water capacity.
- Special vessel.
- Spray booth or spray tunnel with any dimension greater than 3 feet (914.4 mm).
- Dip tank more than 150 gallons (568 L) capacity or more than 5 square feet (38 710 mm2) of surface area.
- Flow coat machine.
- Drying oven.
- Industrial oven or furnace, not otherwise specified.
- Industrial proceeding equipment, not otherwise specified.
- Fumigation chamber.
- Automatic fire extinguishing system except automatic sprinkler system.
- Compressed or liquefied gas manifold (stationary).
- Dust collecting systems.
- Dry cleaning equipment, not otherwise specified.
- Drill or redrill any oil well.
- Asbestos abatement.
- Gas detection system.
A specific action or project permit is required to conduct
any of the following operations.
- Fireworks display.
- Blasting operation.
- Exhibit, show, circus, or carnival on any parcel of land or premises other than those for which a permit is required by Sections 105.6.1 through 105.6.31 of this article. When such exhibit, show, circus, or carnival is conducted within a tent, the fees required by Section 105.7.8 through 105.7.8.5 of this article shall be deemed to include the use of such tent as a place of assemblage.
- Transfer flammable gas, liquefied flammable gas, flammable liquids or combustible liquids as provided for in the exception to Section 5706.5.4.6, or in any other manner not specifically regulated by this article.
- Abandon oil well or underground tank.
- Burn any hazardous refuse in an open outdoor fire.
- Temporarily store explosives in a manner not otherwise specifically regulated by this article.
A specific
action or project permit is required to use any tent or
membrane structure (temporary only) as a place of
assemblage.
A specific
action or project permit is required to install, alter
or relocate any part of any fire hydrant on private property.
A
specific action or project permit is required to land any
aircraft including helicopters, except in an emergency,
any place other than an airport or heliport which is regulated
under the provisions of Chapter 20 of this article.
If, after investigation and
consideration of the application and any plans and specifications
in connection therewith, the Chief shall determine
that the proposed work or operation will not create any
undue fire hazard and that it will conform to the provisions
of this article and of other relevant laws. Then the Chief
shall approve the application. The issuance of the permit
may be subject to conditions as may be necessary for the
safeguarding of life and property from the hazards of fire,
explosion, or panic.
Every application for a permit
in accordance with Section 105.7 shall be filed at the
office of the Bureau of Fire Prevention and Public
Safety upon forms provided by the Department.
Every application for a
Permit in accordance with Section 105.7 shall be
accompanied by the required fees set forth in this chapter.
Every permit required by
Section105.7.1.1 of this article shall become void if the work authorized by such permit has not commenced
within 6 months of the date of issuance, or, if the work
authorized by such permit has not been completed within
one year of the date of issuance. Thereafter, a new permit
may be issued only upon filing a new application and payment
of the required fees. The Chief may grant extensions
of time upon presentation by the permittee of satisfactory
reasons for failure to start or complete the work within the
required time period.
Except as provided in
Section 105.7.3, every permit issued under authority of
this section shall be valid for the period of time set forth
upon the face of the permit.
Inspections shall be in accordance
with Sections 105.7.4.1 through 105.7.4.1.2.
Every operation or
activity for which a permit is required by Section
105.7.1 shall be subject to inspection by an authorized
inspector of the Department.
In addition to the
general requirements of Section 105.7.4.1, every
permit required by Section 105.7 of this article shall
be subject to the specific requirements of Sections
105.7.4.1.1.1 and 105.7.4.1.1.2.
No portion of
any equipment intended to be covered by earth or
by enclosure within permanent portions of a
building or structure shall be enclosed until
inspected and approved by the Department. An
inspection shall be requested prior to covering or
enclosure of any such equipment. Such request
shall be made not less than two working days
prior to the estimated time of inspection. Such
installation shall not be covered until after it has
been inspected by an authorized member of the
Department.
When the construction
or installation work is completed and
the appliance, device, equipment, or system is
ready for operation or use, but before being operated
or used, a final inspection shall be requested.
Such request shall be made in the same manner as
set forth in Section 105.7.4.1.1. No such appliance,
device, or equipment shall be used or operated
until the installation has been approved by
the authorized inspector making the final inspection.
When the Department has found, by survey or
inspection, or both, that the work authorized by a permit
granted in accordance with the requirements of Section
105.7.1.1 has been completed in accordance with the
requirements of the permit issued therefor and all of the
provisions of this article, the Department shall issue a
Final Inspection Tag of Approval. No such appliance,
device, equipment, or system shall be used until the Final
Inspection Tag of Approval has been issued by the Department.
Whenever
any installation on which a called inspection is
required, as specified in Section 105.7.5, is covered or
concealed by additional work without first having been
inspected, the Chief may require, by written notice, that
such work be exposed for inspection. The work of exposing
and recovering shall not entail any expense to the City.
Fee exempt permits, without
the payment of the fees prescribed by Section 105.7.8.1
shall be issued those listed in Sections 105.7.7.1 and
105.7.7.2.
Upon application, fee
exempt permits shall be issued without the payment of
the fees as prescribed by Section 11.08 of the LAMC.
Any religious, charitable, educational,
or other nonprofit benevolent institution operating
or conducting a carnival or similar activity when
the net proceeds of the carnival or similar activity are to
be used exclusively for religious, charitable, benevolent,
educational, or civic purposes and the institution
has applied for and obtained a tax exempt registration
certificate pursuant to the provisions of Section 21.75
of the Municipal Code.
Before accepting an application for any permit
required by this chapter, the Department shall collect
the fees required therefor established by the most current
cost recovery schedule published as provided by Section
115 and applicable thereto. Upon payment of said fees the
Department shall cause them to be deposited with the City
Treasurer.
Fees established by the
procedure set forth in Section 115 of this article shall
apply to permits for the following:
- Atmospheric tank or low pressure tank:
- Shop built tank
- Field erected tank not more than 3,000 barrels.
- Field erected tank, more than 3,000 barrels.
- Pressure vessel:
- Special vessel:
- Spray booth or spray tunnel.
-
Dip tank:
- Not more than 500 gallons capacity.
- More than 500 gallons capacity.
- Flow coat machine.
- Drying oven.
- Industrial oven or furnace not otherwise specified.
- Industrial proceeding equipment not otherwise specified.
- Fumigation chamber.
- Automatic fire extinguishing system other than automatic sprinkler system.
- Compressed or liquefied—gas manifold
- Install, alter or relocate fire hydrants on private
property:
- For the first hydrant.
- For each additional hydrant.
- Central station signaling system.
- Dust collecting system.
- Dry cleaning equipment not otherwise specified.
- Drill oil well or redrill oil well.
- Asbestos abatement.
- Gas detection system
When the
length of time spent in plan checking with regard to a
particular permit is such that the charge for hours spent,
as computed in accordance with the cost recovery
schedule established under Section 113.6.3, exceeds the
schedule fee for issuing a permit for that category of
activity, the charge as computed pursuant to Section
113.6.3 shall be paid to the Department before any permit
is issued.
Every application for a permit
required by of Section 105.7.1.2 of this article adding
to or altering any item set forth in Section 105.7.1.1 of
this article shall be accompanied by a fee established by
the procedure set forth in Section 113.6.3 of this chapter.
Every application
for a permit required by Section 105.7.1.3, 105.7.1.4,
105.7.1.7, or 105.7.1.8 of this chapter shall be accompanied
by a fee or fees established by the procedure set
forth in Section 113.6.3 of this chapter for any of the
following:
- Conduct any fireworks display:
- Ground displays only; fee per day or portion thereof.
- Aerial burst with mortars not over 6 inches (152 mm) in diameter; fee per day or portion thereof.
- Aerial burst with mortars over 6 inches in diameter; fee per day or portion thereof.
- Conduct any blasting operation; fee per 4-hour period or portion thereof.
- Conduct any exhibit, show, circus, or carnival; fee per day or portion thereof.
- Use any tent or membrane structure as a place of
assemblage,
- 400 to 3,500 square feet (37 to 325 m2)
- 3,500 to 25,000 square feet (325 to 2323 m2)
- Over 25,000 square feet (2323 m2)
- Drill not more than six temporary geological
exploratory core holes located within the perimeter
of a circle having a radius of 1,000 yards
(914.4 m) or less:
- Not over 1,500 feet (457 m) in depth nor over
5 inches (127 mm) in diameter; fee for each
permit plus fee for each 4-hour period or fraction
thereof;
- Over 1,500 feet in depth or greater than 5 inches in diameter; fee for each 30 days of drilling operations, which shall include time for abandoning core hole in a manner approved by the Chief.
- Not over 1,500 feet (457 m) in depth nor over
5 inches (127 mm) in diameter; fee for each
permit plus fee for each 4-hour period or fraction
thereof;
- Land any aircraft, including helicopters any place other than an approved airport or heliport.
- Transfer flammable gas, liquefied flammable gas, flammable liquids or combustible liquids in a manner not otherwise regulated by this article.
- Abandon any oil well.
- Abandon any underground tank:
- Burn any hazardous refuse in an open outdoor fire.
- Temporarily store explosives in a manner not otherwise specifically revealed by this article.
- Operate or maintain a live theatrical production, other than a live production in a theater with a seating capacity of 99 persons or less.
Whenever any blasting
operation is to be conducted in conjunction with the
drilling of a temporary geological exploratory core
hole, the permits shall be combined into a single permit.
The fee for any such combined permit shall be
either that specified in Item 2 or 5 of Section 105.7.8.4,
whichever is greater.
When two or more items of the same classification
are installed on the same premises by authority of
the same permit, the inspection fee required by this section
shall be computed on the basis of 100 percent of
the fee required for the first item, plus 50 percent of the
fee for each additional item. The inspection fee for such
multiple installations shall be equal to the greatest fee required by this section for a single installation of any
item thereon.
The Department may, at
its discretion, make emergency inspections at other than
normal working hours when requested to do so by the permittee.
The Board, with the concurrence of the City
Administrative Officer, shall determine from the cost of
such inspection the fee therefor for every 4 hours or fraction
thereof of inspection time pursuant to the provisions
of Section 114 of this chapter. For the purpose of this section,
normal working hours shall be construed to mean the
hours between 8:00 a.m. and 5:00 p.m. of any day except
Saturdays, Sundays, and legal holidays.
Every
applicant for a blasting permit shall file with the Department
evidence of general liability insurance having such
dollar limits and coverage inclusions as the Department
may from time to time require. All such insurance shall
conform to the conditions stated on the City's General Liability
Special Endorsement form and must be approved by
the Office of the City Attorney, Insurance and Bonds Section,
prior to the issuance of a permit.
Whenever the Chief determines that for the safeguarding
of life and property from fire, explosion, panic, or other
hazardous conditions which may arise in temporary operations
or occupancies which are not otherwise specified in this
article, the Chief may require and issue a special permit stating
the conditions for such operation or occupancy. The special
permit may be made subject to such terms and conditions
as are necessary for the preservation of life and property.
The Chief shall have the power
to revoke or suspend any special permit, at his discretion,
upon proof to the satisfaction of the Chief of violation by
the permittee of the provisions of this article, the rules and
regulations of this Department adopted under the authority
of Section 104.1.1, or the terms and conditions of any special
permit as may be specified under the authority of this
section. Such revocation or suspension may be made in
accordance with the provisions of Chapter 1 of this article.
It is the intent of this section
to establish an annual fee and permit process for inspection
of high-rise buildings in the City of Los Angeles.
No person or owner shall operate
or maintain a new or existing high-rise building without
having obtained an annually renewable permit
pursuant to this section.
As to buildings
constructed prior to January 1 of the year, including
buildings constructed prior to the effective date of these
regulations, application for permit shall be filed on or
before January 1 following the date of construction or
the effective date of these regulations. Renewal applications
shall be filed on or before January of each year.
In the event no application or renewal application is
filed by January 1, the building will be deemed to be
operating without a permit. The date of construction
shall be the date of issuance of a temporary certificate
of occupancy by the Department of Building and
Safety. All applications for permit shall be filed with
the Department, and shall be in writing on forms provided
by the Department. The initial or renewal application
for permit shall contain the following
information:
- The name and address of the applicant.
- A description of the property by street and number, as well as the County Assessor map, book, page and parcel number.
- Name and address of the owner of the building.
- A statement signed by the applicant or the applicant's authorized representative stating that the applicant exercises charge and control over the operation and maintenance of the high-rise building and agrees to comply with all regulations, laws or ordinances pertaining thereto.
The Fire Marshal shall investigate
the application for initial or renewal permit
through authorized members of the Department. The
application may be approved subject to terms and conditions
necessary to the safeguarding of life or property
from hazards of fire, explosion or panic. Issuance of the
initial permit will be based on inspections made pursuant
to California Code of Regulations Title 19 during
the previous year. Subsequent permit issuance will be
based on inspections made during each following calendar
year. The application may be denied or revoked
by the Department if the building is unfit or incapable
of being used, maintained or operated in compliance
with this article, other applicable laws and rules and
regulations of the Department.
Each permit shall be issued in accordance
with the provisions of this chapter and shall set
forth upon the face thereof the following:
- The name of the person to whom issued.
- The address where the premises are located and where the address is different from that of the applicant, the address designated by the applicant or his or her authorized agent for mailing purposes. The mailing address so appearing shall be the address to which all notices required or authorized by this article shall be sent unless the applicant or permittee shall request in writing that another address be used for such purposes.
- The signature of the Chief printed thereon.
- The date of expiration of the permit and the date upon which the annual permit fee shall be due and payable.
Notwithstanding
any other provision of this article to the contrary, the
Chief shall have the power to revoke or suspend any permit
upon proof to the satisfaction of the Chief of a violation
by the permittee of the provisions of this article, the
rules and regulations of this Department adopted under the
authority of Section 104.1.1, applicable law or the terms
and conditions of any permit. Such revocation or suspension
shall be in accordance with the provisions of Section
105.5 of this article. Whenever any person fails to pay the
permit fee as provided for in Section 105.9.4, prior to its
becoming delinquent, the Chief, upon hearing, after giving
such person 10 days notice in writing specifying the time
and place of hearing and requiring the person to show
cause why the permit shall not be revoked for such failure,
may revoke or suspend the permit issued herein. Notice
shall be served in the same manner as notices are served
under Section 21.16 of the LAMC.
It shall be unlawful for any person to operate or maintain
any high-rise building after the permit issued therefor
has been suspended or revoked pursuant to the
provisions of this chapter unless the permit has been
reinstated or a new permit issued.
- Initial payment. The permit fee shall initially be due, and shall accompany the filing of an initial permit application, on the 1st of January following the date of construction, as that term is defined in Section 105.9.2 of this code, or for buildings constructed prior to the effective date of these provisions, on the 1st of January following that effective date.
- Annual renewal. Annual renewal permit fees for existing permits shall become due and payable each year on the first day of January of the calendar year and shall be submitted with the renewal application.
- Delinquency. Fees, whether initial or renewal, which are not paid within 60 days after the due date shall be deemed delinquent and subject to a 50-percent penalty. However the Department shall waive the penalty, with the approval of the City Attorney, to the extent it exceeds any extra costs caused by said delinquency.
The cost of
permits issued as required by Section 105.9 shall be
determined as provided in Section 114.
The Board
shall collect charges in accordance with new schedules
approved as provided in Section 114.
The cost recovery
schedule adopted herein shall impose a charge per
square foot for each square foot of floor area in each
building inspected and the fee per building shall be the
aggregate of such charges per square foot, subject to
the following:
- No fee shall be charged for inspection of high rise buildings used primarily for residential purposes (Group R occupancies), except for hotels, dormitories, residential apartments, and condominiums.
- As to hotels, dormitories, residential apartments, and condominiums, the charge per square foot shall apply only to the common areas of the building.
- The charge per square foot of garage area in any building shall be less than the charge per square foot for the other areas of the building, as set forth in the schedule or charges.
- Where a high-rise building is connected to another building(s) by a permanent above-ground structure or structures designed to permit pedestrian and/or vehicular passage from one building to another, and the buildings so connected are under common ownership, the charge per square foot shall apply to each chargeable square foot of the buildings so connected, including the connecting structure or structures, even though one or more of the buildings so connected is not itself a high-rise building.
- Where there exists beneath a high-rise building a garage serving both that building and another building(s) all of which are under common ownership, and the garage provides an exit(s) through which any vehicle exiting the garage may pass, the charge per square foot shall apply to all buildings and to the garage for the purposes of computing the fee charged herein, even though one or more of the buildings served by the garage is not itself a high-rise building.
- A minimal charge per building shall be imposed irrespective of the area of said building, as set forth in the schedule.
- A partially vacant building as defined herein shall be subject to a minimum charge.
If any owner or operator
of a high-rise building does not comply with notices to
correct violations cited in the annual inspection, and more
than one reinspection is necessary, a charge based on an
inspector's hourly rate (2-hour minimum) for each subsequent reinspection shall be added to the annual inspection
fee in the event such reinspection costs have not been
charged and collected during the preceding calendar year.
The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code.
The fire code official is authorized to conduct such inspections as are deemed necessary to determine the extent of compliance with the provisions of this code and to approve reports of inspection by approved agencies or individuals. Reports of such inspections shall be prepared and submitted in writing for review and approval. Inspection reports shall be certified by a responsible officer of such approved agency or by the responsible individual. The fire code official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed or complex technical issues subject to the approval of the governing body.
It shall be the duty of the holder of the permit or their duly authorized agent to notify the fire code official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.
Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the fire code official. The fire code official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with this code. Any portions that do not comply shall be corrected, and such portion shall not be covered or concealed until authorized by the fire code official.
It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Where any installation subject to inspection prior to use is covered or concealed without having first been inspected, the fire code official shall have the authority to require that such work be exposed for inspection. Neither the fire code official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.
Approval as the result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel provisions of this code or of other ordinances of the jurisdiction shall not be valid.
The Chief shall have
the authority to inspect all buildings, structures, premises,
ships, boats, vessels, aircraft, tanks, vehicles, or the appurtenances
and equipment thereof, as often as may be necessary
for the purpose of ascertaining and causing to be corrected
any conditions liable to cause fire or explosion or any violation
of the provisions or intent of this article and of any other
law affecting the fire hazard not exclusively enforced by
another governmental agency, and to ensure compliance with
all laws, regulations, and orders dealing with overcrowding,
use of decorative materials, maintenance of exit ways, and
maintenance of private fire alarm and fire detecting systems
and fire extinguishing systems and appliances.
The Chief shall have the
authority to inspect any contract, policy, agreement, proof
of loss, correspondence, or other written matter pertaining
to or in connection with specific adjustments made or carried
on by any person licensed as an insurance adjuster or
private investigator in the State of California.
The Chief shall have
the authority to require such drawings, plans, or sketches
as may be necessary to identify the location of all the following:
- Occupancy access points.
- Devices and systems within the scope of Chief's Regulation No. 4.
- Utility controls.
- Stairwells.
- Hazardous materials/waste.
Whenever it is necessary to
make an inspection to enforce any of the provisions of or perform
any duty imposed by this article or other applicable law,
or whenever the Chief or his authorized representative has
reasonable cause to believe that there exists in any building,
structure, ship, boat, vessel, aircraft, tank or vehicle, or the
appurtenances and equipment thereof or upon any premises
any violation of the provisions of this article or other applicable
law, or any condition which makes such building, structure,
ship, boat, vessel, aircraft, tank, vehicle, or premises
hazardous, unsafe, or dangerous, the Chief is hereby authorized
to enter such building, structure, ship, boat, vessel, aircraft,
tank, vehicle, or premises at any reasonable time and to
inspect the same and perform any duty imposed upon the
Chief by this article or other applicable law, subject to Sections
106.6.1 through 106.6.3.
If such property be occupied,
the Chief shall first present proper credentials to the occupant
and request entry explaining the reasons therefor; and
If such property be unoccupied,
the Chief shall first make a reasonable effort to
locate the owner or other persons having charge or control
of the property and request entry, explaining his reasons
therefor. If such entry is refused or cannot be obtained because the owner or other persons having charge or control
of the property cannot be found after due diligence,
the Chief shall have recourse to every remedy provided by
law to secure lawful entry and inspect the property.
Notwithstanding the foregoing,
if the Chief has reasonable cause to believe that the
building or premises is so hazardous, unsafe or dangerous
as to require immediate inspection to safeguard the public
health or safety, the Chief shall have the right to immediately
enter and inspect such property, and may use any
reasonable means required to effect such entry and make
such inspection, whether such property be occupied or
unoccupied and whether or not permission to inspect has
been obtained. If the property be occupied, the Chief shall
first present proper credentials to the occupant and
demand entry, explaining the reasons therefor and the purpose
of the inspection.
Where any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this code, or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall thereafter be continuously maintained in accordance with this code and applicable referenced standards.
Equipment requiring periodic testing or operation to ensure maintenance shall be tested or operated as specified in this code.
Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made so as to achieve compliance with this code. The work or installation shall then be resubmitted to the fire code official for inspection and testing.
A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the fire code official, and a copy of the records shall be provided to the fire code official upon request.
The fire code official is authorized to prescribe the form and format of such recordkeeping. The fire code official is authorized to require that certain required records be filed with the fire code official.
Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this code.
Portable or fixed fire-extinguishing systems or devices, and fire-warning systems, shall not be rendered inoperative or inaccessible, except as necessary during emergencies, maintenance, repairs, alterations, drills or prescribed testing.
Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition that constitutes an immediate life safety hazard, shall be authorized to cause the event to be stopped and the
operating permit to be suspended for the remainder of the
business day.
Installation,
alteration, and major repair of the items listed in this subsection
shall be performed under permit of the Department of
Building and Safety when a permit is required by that Department
for such work.
- Fire Department communication systems.
- Building communication systems.
- Automatic elevators.
- Heliports and emergency helicopter landing facilities.
- Emergency power systems.
- Fire escapes.
- Private fire hydrants.
- Fire assemblies.
- Fire protective signaling systems.
- Pilot lights and warning lights for heat-producing equipment.
- Refrigerant discharge systems.
- Smoke detectors.
- Emergency smoke control systems.
- Automatic sprinkler systems.
- Standpipe systems.
- Gas detection systems.
Installation, alteration, maintenance, and repair of
the items listed in this subsection shall be performed under
the provisions of this article and the supervision and control
of the Chief.
- Central station signaling systems.
- Fire protective signaling systems.
- Appliances, equipment, and devices used for storing, handling, processing, producing, transporting, or dispensing of hazardous materials.
- Liquefied flammable gas cylinders, hose, vaporizers, heat exchangers, pumps, and pertinent equipment.
- Portable fire extinguishers.
- Automatic fire extinguishing systems, except automatic sprinkler systems as set forth in Section 107.7.
- Spray booths, spray tunnels, dip tanks, drying ovens, flow coaters, powder coating apparatus and electrostatic painting equipment.
If at any time the items listed in
Sections 107.7 and 107.7.1 of this section are not operational,
the Chief shall have the authority to issue notices to
the owner of the building or premises where said items are
located, or such other person having control of said building
or premises, to make said items operational.
The Chief
has the authority to require that periodic inspections
and tests be made to determine whether the items listed
in Sections 107.7 and 107.7.1 of this section, including
any water supply, are operational. All such inspections
and tests shall be made at intervals to be determined by
the Chief. Tests at shorter intervals may be required
when an inspection by the Chief indicates there is a
substantial reason to believe that the system or device
would fail to operate properly in an emergency. The
inspections and test shall be made in accordance with
the rules and regulations established by the Board.
No person owning or having
charge or control of any items listed in Sections 107.7 and
107.7.1 of this section shall maintain said items in defective
condition or in a state of disrepair, or install or maintain
such in a manner that endangers life or creates a fire
or explosion hazard. No person shall violate an order of
the Chief to require periodic inspections as required by
Section 107.7.2.1.
Violation of Sections
107.7 through 107.7.3 shall be subject to penalties
and minimum fines as prescribed in Section 109.4.2 and
Table 109.4.
| MINIMUM FINE | OFFENSE | SECTIONS REFERENCED | FINE REFERENCE |
| $500.00 | Authority to install, test, and require maintenance of fire protection systems and equipment |
107.7 through 107.7.3 | 107.7.4 |
| $300.00 | Vacant premises | 311.1 through 311.1.2 311.2 through 311.2.3 311.3 311.4 |
311.1.3 311.2.4 311.3.1 311.4.1 |
| $500.00 | Fire due to carelessness or negligence | 305.5.1.1 through 305.5.1.3 | 305.5.1.4 |
| $100.00 | Emergency planning and evacuation requirements for high-rise buildings |
408 | 408.11.1 |
| $200.00 | Fire protection water supplies | 507.5.4.1 through 507.5.4.2 | 507.5.4.3 |
| $200.00 | Obstructions to roofs and openings | 316.4.2 | 316.4.2.1 |
| $150.00 | Electrical extension cords | 605.5 through 605.5.4 | 605.5.5 |
| $150.00 | Fire Assemblies | 703.2.4 through 703.2.6 1031.3.2 through 1031.3.3 |
703.2.7 1031.3.4 |
| $500.00 | Fire protection systems maintenance, testing and tampering |
901.6, 901.8, 901.8.3 | 901.6.3 901.8.4 |
| $100.00 | Spare sprinkler heads | 903.1.2 | 903.1.2.1 |
| $100.00 | Automatic sprinkler systems Access aisles and operating clearances |
903.3.10 | 903.3.10.1 |
| $100.00 | Signs (sprinkler & standpipe) | 903.3.12 903.3.13 |
903.3.12.1 903.3.13.1 |
| $100.00 | Security, automatic sprinklers and standpipes | 903.4.4 | 903.4.4.1 |
| $100.00 | Maintenance of sprinkler heads | 903.5 through 903.5.4 | 903.5.5 |
| $200.00 | Portable fire extinguisher general requirements service Installation and use |
906.2 through 906.2.6 | 906.2.8 |
| $100.00 | Portable fire extinguisher general requirements service required |
906.2.7 | 906.2.7 |
| $200.00 | Smoke alarms requirement R occupancies |
907.2.8 through 907.2.11.4 | 907.2.8.4 907.2.9.5 907.2.10.4 907.2.11.10 |
| $300.00 | Maintenance of fire alarm equipment | 907.8.6 | 907.8.6.1 |
| $500.00 | Fire watch | 916.2 through 916.2.2 |
916.2.3 |
| $200.00 | Means of egress illumination | 1008.1 through 1008.3 | 1008.4 |
| $500.00 | Exit doors | 1010.1.1, 1010.1.2, 1010.1.2.1, 1010.1.9, 1010.1.9.3, 1031.2, 1031.3, 1031.3.1 |
1010.1.11 1031.2.1.1 1031.3.4 |
| $300.00 | Locks on penthouse doors | 1010.1.9.11.1 | 1010.1.12 |
| $100.00 | Exit signs | 1013.1.1 | 1013.1.1.1 |
| $200.00 | Floor identification signs | 1023.9 through 1023.9.2 | 1023.9.3 |
| $100.00 | Fire escapes stairs | 1104.17 | 1104.17.9 |
| $200.00 | Responsible resident required | 4704.3 | 4704.3.4 |
| $200.00 | Posting fire safety information | 4704.4 | 4704.4.8 |
| $100.00 | Smoke detector maintenance | 4704.5 | 4704.5.6 |
| $100.00 | Unvented portable heaters | 4704.8 | 4704.8.1 |
| $50.00 | Portable fire extinguisher required (high-rise residential) |
4705.5 | 4705.5.1 |
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. The board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The fire code official shall be an ex officio member of said board but shall not have a vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official.
An application for appeal shall be based on a claim that the intent of this code or the rules legally 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 board shall not have authority to waive requirements of this code.
The board of appeals 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.
It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.
Correction and abatement of violations of this code shall be the responsibility of the owner or the owner's authorized agent. Where an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.
Where the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, where compliance is not immediate, specifying a time for reinspection.
A notice of violation issued pursuant to this code shall be served upon the owner, the owner's authorized agent, operator, occupant or other person responsible for the condition or violation, either by personal service, mail or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, the owner's authorized agent, or occupant.
Any notice authorized or
required by this article shall be served in the manner set
forth in Section 11.00 of the LAMC, except as provided
in the Los Angeles Administrative Code, Sections
7.35.1 through 7.35.8.
All Orders to Correct
issued pursuant to this Chapter shall be posted in a visible
location in the residential rental building cited.
If the notice of violation is not complied with promptly, the fire code official is authorized to request the legal counsel of the jurisdiction to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto.
Signs, tags or seals posted or affixed by the fire code official shall not be mutilated, destroyed or tampered with, or removed, without authorization from the fire code official.
Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.
Persons who shall violate a
provision of this code or shall fail to comply with any of
the requirements thereof, or who shall erect, install, alter,
repair, or do work in violation of the approved construction
documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code,
shall be guilty of a misdemeanor of this code in accordance
with the mandatory minimums fines identified in
Table 109.4 of this code, punishable by a fine of not more
than $1000 or by imprisonment not exceeding 6 months,
or both such fine and imprisonment. Each person shall be
guilty of a separate offense for each and every day, or portion
thereof, during which a violation of any provision of
this section is committed, continued, or permitted by such
person and shall be punishable accordingly.
The Chief shall have the
authority to prohibit the manufacture, sale, or offering for
sale, of any appliance, device, equipment, system or material
regulated by this article which may create a hazard to
life or property, or which fails to provide the protection for
which it is intended. No person shall remove, alter,
destroy, mutilate, or deface any Condemnation Tag
affixed to any appliance, device, equipment, system or material, pursuant to the authority of the Chief, until such
time as the hazardous condition is corrected to the satisfaction
of the Chief.
If during the inspection of a premises, a building or structure, or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the building department for any repairs, alterations, remodeling, removing or demolition required.
Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. A vacant structure that is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe.
Where an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devices governed by this code, the fire code official shall immediately notify the building code official in accordance with Section 110.1.
The fire code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied building deemed unsafe where such building has hazardous conditions that present imminent danger to building occupants. Persons so notified shall immediately leave the structure or premises and shall not enter or re-enter until authorized to do so by the fire code official or the fire department official in charge of the incident.
Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code.
The owner, the owner's authorized agent, operator or occupant of a building or premises deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
Where the fire code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code, or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order.
A stop work order shall be in writing and shall be given to the owner of the property, or to the owner's authorized agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work is authorized to resume.
Where an emergency exists, the fire code official shall not be required to give a written notice prior to stopping the work.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars.
The fire code official shall have the authority to authorize disconnection of utility service to the building, structure or system in order to safely execute emergency operations or to eliminate an immediate hazard. The fire code official shall notify the serving utility and, where possible, the owner or the owner's authorized agent and the occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, then the owner, the owner's authorized agent or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.
A fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.
The payment of the fee for the construction, alteration, removal or demolition of work done in connection to or concurrently with the work or activity authorized by a permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.
The applicable governing authority is authorized to establish a refund policy.
For permits required by Section 105.6,
the fees shall be renewed and collected in accordance with
Sections 113.6.1 through 113.6.10.
Due dates shall be
established in accordance with Section 113.6.1.
- Newly established business. The annual permit fees required by this chapter for any newly established business, operation, occupation, or premises shall be due and payable on or before the close of business on the first day such business, operation, occupation, or use of premises begins.
- Renewal of existing perrmits. The annual permit renewal fees required by this chapter for existing permits shall become due and payable each year during the two months next preceding the first day of January of the calendar year for which a permit is to be renewed. Fees for churches and service centers for armed forces personnel shall be paid upon original application only and shall not be paid thereafter.
The Board shall approve the
collection of charges in accordance with new schedules
approved as provided in Section 115.
Those items
to which the procedure for fee calculation applies
include:
- Aircraft fueling station, Section 105.6.1.
- Aircraft refueller, Section 105.6.2.
- Airport fueling system, Section 105.6.3.
- Airport, private, Section 105.6.4.
- Assembly occupancy, Section 105.6.5.
- Atmospheric aboveground tank exceeding 10,000
gallons capacity containing hazardous materials or
hazardous waste, Section 105.6.6.
- Bulk distributing station, Section 105.6.7.
- Central station signaling system, to engage in the business of providing an alarm service for fire protective signaling systems, Section 105.6.8.
- Church (original fee only), Section 105.6.9.
- Community care facility, Section 105.6.10.
- Cylinder filling plant, Section 105.6.11.
- Day care, Section 105.6.12.
- Dry cleaning plant, Section 105.6.13.
- Hazardous materials: To store, process, or use materials above ground of the type and in the amounts exceeding those set forth in Table 105.6.14 or exceeding the permit amounts for hazardous materials in Chapter 50.
- Heliport, Section 105.6.15.
- Hospital, Section 105.6.16.
- Hotel, Section 105.6.17.
- Without place of assemblage.
- With one place of assemblage.
- With more than one place of assemblage.
-
Laboratory, Section 105.6.18.
- Class A, any laboratory which uses or processes hazardous materials over the exempt amount allowed in Table 105.6.14.
- Class B, any laboratory which uses or processes hazardous materials within the exempt amount allowed in Table 105.6.14.
- Marine oil terminal, Section 105.6.19.
- Marine service station, Section 105.6.20.
- Natural gasoline plant, Section 105.6.21.
- Oil well, Section 105.6.22.
- Refinery, Section 105.6.23.
- Residential care facility, Section 105.6.24.
- School, Section 105.6.25.
- Service center for Armed Forces personnel (original fee only), Section 105.6.26.
- Special school, Section 105.6.27.
- Surgical center, Section 105.6.28.
- Theater, Section 105.6.29.
- Theater (little), Section 105.6.30.
- Theater, (motion picture), Section 105.6.31.
- Applications for permits as provided by Sections 105.7.8, and 320.4.6.
- High-rise permits issued as required by Section 105.9.
- Unified program facility permit schedule as provided by Section 120.6.
- New application fee. Whenever under the provisions of this section an annual permit fee is required to be paid for any business operation, occupation, or premises, and such fee is not paid on or before the last day of the month following the month in which business, operation, occupation, or premises was established and the fee became due, such fee shall be delinquent and an additional sum equal to 50 percent of the fee so required shall be imposed for delinquency. Such additional sum shall become a part of the fee required by this chapter.
- Renewal application fee. Whenever an annual permit renewal fee is required to be paid and such fee is not paid during the two months next preceding the first day of January of the calendar year for which the permit is to be renewed, such fee shall be delinquent and an additional sum equal to 50 percent of the fee so required shall be imposed for such delinquency. Such additional sum shall become a part of the fee required by this chapter.
- The penalty or any part thereof may be waived by the Office of Finance with the approval of the City Attorney.
In the event a discrepancy
exists between the amount of the fee paid and the
amount of the fee due under this chapter resulting in an
underpayment or an overpayment of the fee in the amount
of $2.00 or less, the Office of Finance may accept and recommend
such underpayment or overpayment without
other notification to the permittee.
Whenever any payment, statement, report, or other
communication received by the Office of Finance is
received after the time prescribed by this chapter for the
receipt thereof, but is in an envelope bearing the postmark
showing that it was mailed prior to the time prescribed in
this chapter for the receipt thereof, or whenever the Office
of Finance is furnished substantial proof that the payment,
statement, report, request, or other communication was, in
fact, deposited in the United States mail prior to the time
prescribed for receipt thereof, the Office of Finance shall
regard such payment, statement, report, request, or other
communication as having been received on time.
Upon application, fee
exempt permits shall be issued without the payment of the
fees as prescribed by Section 11.08 of the LAMC.
Duplicate permits
may be issued by the Office of Finance to replace any previously
issued permit which has been lost or destroyed
upon filing an affidavit by the holder of the permit or
authorized representative attesting to such fact and upon
paying to the Office of Finance of a fee of $10.00 therefor.
Any refunds of fees collected under
the provisions of this Section shall be made in accordance
with the provisions of Sections 22.12 and 22.13 of the
LAMC.
The Office
of Finance shall have the power and authority to enter, free
of charge, during business hours, any premises or place of
business which requires a permit under the provisions of
this chapter, and to demand exhibition of a permit and evidence
of amount of fee paid. Any person having any permit
issued in his or her possession or under his or her control who fails to exhibit the same and evidence of
amounts of fees paid on demand, shall be guilty of a misdemeanor.
The cost of services as required by this article not requiring
permits shall be determined as provided in Section 115.
Those items to
which this procedure applies include:
- Hazardous vegetation fees as provided by Sections 322.2 and 322.2.1.
- Certificates of Fitness as provided by Section 117.10 of this article.
- Variances, as provided by Section 104.17 of this article.
- Rate for 4 hours, or fraction of 4 hours, investigations and tests required as provided in Section 104.9.2 of this article.
- Assignment of a fire safety officer as provided by Section 104.18 of this article.
- Applications for general approval as provided by Section 119.8 of this article.
- Emergency inspections, as provided by Section 105.7.9.
- Pre-inspection fees, as provided by Sections 4702.5 and 4703.7.1.
- Final inspection of a residential care facility, as provided in Section 4703.7.2.
- Fees for hydrant and access review and plan check, as provided in Section 116.1.
The Board shall collect charges in
accordance with new schedules approved as provided in
Section 115.
Any refunds of fees collected under
the provisions of this section shall be made in accordance
with the provisions of Sections 22.12 and 22.13 of the
LAMC.
The Department shall collect the
fees required by this section therefor established by the most
current cost recovery schedule published as provided by Section
115 and applicable thereto. Upon payment of said fees
the Department shall cause them to be deposited with the City
Treasurer.
The Board, with the
concurrence of the City Administrative Officer shall determine
on a regular basis the verifiable costs of the City for the
items set forth in this article. These costs shall be the actual total costs incurred, including all applicable indirect costs, as
determined by the Board. The Board shall use those costs to
develop a cost recovery schedule of applicable charges necessary
to recover city costs. The Board shall adopt these costs
as fees at anytime during each fiscal year. The cost recovery
schedule shall be based upon verifiable costs for an activity
or issuing a permit in connection with any activity. The cost
calculation shall include inspection costs, labor, retirement
costs on direct labor and departmental and general city overhead
applicable to the issuance of a permit or activity. It shall
take into consideration the number of permits issued and
affected by the permit charges within the period of time used
for reference in development of the charges. Upon adoption
of a schedule of verified costs by the Board as provided in
this section, the Board shall transmit the Board order to the
Mayor and to the City Council. Fee calculation shall include
Sections 113.6.3.2 and 114.1.1.
Upon council
approval of the proposed fee schedule, the Board order
and the Board's proposed fee schedule shall be published
in a daily newspaper in the same manner as ordinances of
the City are published pursuant to Charter Section 251. If
the Council recommends that the proposed schedule be
amended to increase or decrease any of the fees, those
items shall not become operative. The fees as to those
items on the proposed schedule, which have been disapproved
or recommended for change, shall not change
during the ensuing fiscal year under the Board order.
However, those remaining fees not disapproved or recommended
for amendment, which are adopted by the Council,
shall become effective.
Before performing any services required by Sections 116.1.1
through 116.1.7, the fire department shall collect fees established
by the most current cost recovery schedule published
by the fire department and applicable thereto.
The Fire Environmental Impact Report
research and review fee is for research and review within
the scope of Section 501.1.1. The fee includes plan
research and review of a minimum of 1 hour of an Inspector's
research and review. The fee shall be based on the
Inspector's hourly rate, with a 1-hour minimum.
The fire
department access plan review fee is for reviews within
the scope of Section 503.1 through 503.1.6. The fee shall
be based on the Inspector's hourly rate, with a 1-hour minimum.
The Fire Department access field inspection fee is for
inspections within the scope of Sections 503.1 through 503.1.6. The fee shall be based on the Inspector's hourly
rate, with a 2-hour minimum.
The hydrant plan
review fee is for reviews within the scope of Section
507.3. The fee shall be based on the Inspector's hourly
rate, with a 1-hour minimum.
The fire hydrant field inspection and/or test fee are for
inspections and/or tests within the scope of Section 507.3.
The fee shall be based on the Inspector's hourly rate, with
a 2-hour minimum.
The additional plan review, inspection or reinspection
fee is for additional inspections beyond the initial
inspection minimum time increments. These additional
fees will be based on minimum 1-hour increments.
The expedite or off-hour
activities fee applies to fire services related to access,
fire hydrants, and fire flow projects where the plan review
and/or inspection is to be expedited to occur at the earliest
possible time, which may include off-hour time. Off-hour
time is any time outside of normal business hours of the
City. The fee shall be based on the Inspector's
expedite/off-hour rate, with a 4-hour minimum. Such fee shall be
paid to the Fire Department prior to final clearance
approval by the Department.
No person shall,
without a valid Certificate of Fitness as required by this article,
conduct any of the operations stated in Sections 117.1.1
through 117.1.6.
No person shall, without a valid Certificate of
Fitness as required by this article, conduct any blasting
operation.
No person
shall, without a valid Certificate of Fitness as required
by this article, conduct any test or certify the following fire
protection equipment or systems:
- Automatic sprinkler systems.
- Class I standpipe systems.
- Class II standpipe systems.
- Class III standpipe systems.
- Combined standpipe systems.
- Automatic elevators.
- Automatic fire assemblies.
- Emergency power systems (generators and battery systems).
- Fire escapes.
- Fire protective signaling systems (alarm, notification, and communication. systems)
- Fire pumps.
- Smoke control systems.
Exceptions:- The Chief may allow persons who are employees of the firm or corporation where the fire protection equipment or systems are to be tested to perform required tests provided such tests are performed in accordance with Regulation No. 4, "Testing of Fire Protection Equipment."
- Members of the Department of Building and Safety.
- Uniformed members of the fire department.
No person other than a uniformed member of the
Department assigned to the Bureau of Fire Prevention and
Public Safety shall, without a valid Certificate of Fitness
as required by this article, perform as a fire safety officer.
No person shall, without a valid Certificate
of Fitness as required by this article, perform as a
health care facility instructor.
No person shall, without a valid Certificate
of Fitness as required by this article, perform as a
high-rise life/safety service.
No person shall, without a valid Certificate
of Fitness as required by this article, conduct any test
or certify any gas detection system.
All applications
for Certificates of Fitness shall be filed in the office of
the Bureau of Fire Prevention and Public Safety upon forms
provided by the Department.
Information required for a
Certificate of Fitness shall include the specific information
required in Sections 117.2.1.1 through 117.2.1.5.
Applicants for a Certificate
of Fitness to conduct blasting operations shall furnish
such information as may be required by the Chief
to establish competency with and adequate knowledge
of explosive materials, equipment, techniques, and
safety precautions necessary to conduct safe blasting
operations.
Applicants for a Certificate
of Fitness to conduct any test as specified in Regulation
No. 4 shall furnish such information as may be
required by the Chief to establish competency with and
knowledge of the materials, formulas, equipment, techniques,
standards, ordinances, and recognized good
practices pertaining to the Certificate of Fitness for
which they are applying.
Applicants for a Certificate
of Fitness to perform as a fire safety officer shall
furnish such information as may be required by the
Chief to establish familiarity with, and possession of a
thorough knowledge of applicable fire prevention procedures,
the Los Angeles Fire Code, State Fire Marshal's
Rules and Regulations as contained in Title 19 of
the California Code of Regulations, and other applicable regulations dealing with fire, explosion, and life
safety.
Applicants
for a Certificate of Fitness to perform as a health care
facility instructor shall furnish such information as may
be required by the Chief to establish the possession of a
thorough knowledge of the health care facility requirements
contained in the Los Angeles Fire Code, the California
Code of Regulations, and the California Health
and Safety Code, and the necessary qualifications to
instruct others in health care facility requirements.
Applicants for
a Certificate of Fitness to perform as a high-rise
life/safety service shall furnish such information as may be
required by the Chief to establish qualification to
instruct and possession of a thorough knowledge of the
Los Angeles Fire Code and other applicable regulations
with regard to developing and/or conducting training in
emergency planning, evacuation procedures, and the
use of first-aid fire equipment in high-rise buildings in
the City of Los Angeles.
Certificates of Fitness
shall be valid only for the person designated on the Certificate.
Applications
for renewal of a Certificate of Fitness shall be filed in the
same manner as for an original Certificate of Fitness.
Applications shall be accompanied
by a renewal fee. Whenever the application for
renewal is filed prior to the expiration date of the Certificate
of Fitness, the renewal fee shall be 50 percent of
the fee for a new Certificate of Fitness. Whenever the
application for renewal is filed after the expiration date
of the Certificate of Fitness, the renewal fee shall be the
same as for a new Certificate of Fitness.
The granting of a
renewal of a Certificate of Fitness shall be processed in
the same manner as for an original Certificate of Fitness.
The Chief shall examine each applicant for competence
to perform the duties required for the particular Certificate of
Fitness for which they have applied. The applicant shall:
- Submit a written resume stating experience and training qualifications.
- When required, appear before the Chief for a personal interview.
- When required, satisfactorily complete a written and/or practical test pertaining to the Certificate of Fitness.
The Chief may require
additional information as necessary to process any application
for a Certificate of Fitness.
When the Chief determines the applicant
for a Certificate of Fitness conforms to all the requirements
of this article, the Chief shall issue the Certificate of
Fitness.
Each person
holding a Certificate of Fitness shall notify the Department
in writing of any change of his business, residential, or
notification address within 10 days after such change. Failure
on the part of said person to give such notification shall constitute
grounds for revocation of said certificate.
The Certificate of Fitness
issued by the Chief shall be in the form of an identification
card which shall:
- State the purpose for which it has been issued;
- State the date it is issued and the date of expiration;
- Contain such information as may be necessary to identify the person to whom it is issued;
- Have affixed one print of a photograph of the person to whom it is issued;
- Have the signature of the person to whom it is issued;
- Have the signature of the Fire Marshal;
- Have printed thereon in bold type the following: "THIS CERTIFICATE IDENTIFIES, BUT DOES NOT RECOMMEND THE BEARER"; and
- Contain additional information which the Chief considers necessary and proper to effect the purpose of this article.
Any person
having been certified as required by this article shall, upon
request, display their identification and Certificate of Fitness
to any person to whom they may seek to render service or to
the Chief.
Any applicant who takes the examination and fails may not
re-apply within 30 days, and in no event shall the examination
be given to the same person more than twice in any
1-year period.
Before accepting an application for a Certificate
of Fitness required by this chapter, the Department shall collect
the fees required therefor as set forth in the most current
cost recovery schedule published as provided by Section 114
and applicable thereto.
- Conduct blasting operations.
- Conduct any test or certify the following categories of
fire protection equipment, systems, or devices:
- Automatic sprinkler systems.
- Class I standpipe systems.
- Class II standpipe systems.
- Class III standpipe systems.
- Combined standpipe systems.
- Automatic elevators.
- Automatic fire assemblies.
- Emergency power systems (generators and battery systems).
- Fire escapes.
- Fire protective signaling systems (alarm, notification and communication systems)
- Fire pumps.
- Smoke control systems.
- Methane gas detection.
- Fire safety officer.
- Health care facility instructor.
- High-rise life/safety service.
Whenever an applicant
fails an examination and takes a second examination
within 90 days of such failure, the fee for the second
examination shall be 50 percent of the fees set forth in
Subsection 117.10 of this section.
This section sets forth the services of the Los
Angeles Fire Department ("Fire Department") to perform
fire/life safety plan review and fire/life safety inspection for
certain projects as specified below in the definitions and to
collect the fees for those services, including fees for expediting
the services. The goal of these fees is to recover the Fire
Department's costs in performing the fire/life safety plan
review and fire/life safety inspection services. The Department
of Building and Safety ("Building and Safety") is given
the authority to collect the fees for the Fire Department.
Review plans for new
construction, addition, tenant improvement and change of
use to the following construction projects as determined
by the Department of Building and Safety and Fire Department:
- R-1, with three or more stories, or 20 or more guest rooms.
- R-2 occupancies, with three or more stories, or 16 or more dwelling units.
- High-rise buildings with human occupancy at 75 feet (22 860 mm) or higher, as measured from occupied floor or occupied roof elevation above the lowest level of Fire Department vehicle access.
- Covered malls.
- Buildings housing "A," "E," "I" and "H" with highly toxic materials occupancies according to the Building Code, Group R-2.1
- Airport buildings.
- Fire alarms.
Additional
fire/life safety inspection and re-inspection for projects
defined in Section 118.1.1 by the Department, beyond
the initial section inspection covered under fire/life safety
plan review. The additional inspection or re-inspection
may be required by the Fire Department or requested by
the client, as referenced in Section 118.1.
A request by an applicant to the Fire
Department to complete the fire/life safety plan review
and/or inspection for projects defined in Section 118.1.1 at
the earliest possible time. It may include a request for Fire
Department personnel to work overtime to complete a
field inspection.
A request by a client to the Fire Department to
complete a fire/life safety plan review and/or an inspection
during off-hours for projects defined in Section 118.1.1.
Before accepting an application for any services
or any permit required by Sections 118.2.1 through 118.2.3,
the Fire Department shall collect the fees established by the
most current cost recovery schedule published as provided by
Section 113.6.3 and applicable thereto.
The fire/life
safety plan review fee is for projects described in Section
118.1.1. The fee includes plan review and up to 2 hours of
initial field inspection. The fee shall be computed at the
Inspector's hourly rate, for a minimum of 3 hours, or
0.111 percent of the project valuation, whichever is
higher. The project valuation is to be determined by the
Department of Building and Safety. No additional fee
shall be charged for verification of the corrections required
by the Fire Department. However, when plans are revised
by the applicant for reasons other than plan review correction
and require additional time to review the plan revisions,
the Fire Department shall collect an additional fee.
The additional
field inspection and re-inspection fee is for fire/life safety
review projects described in Section 118.1.1. The fee shall
be based on the Inspector's hourly rate, with a 1-hour minimum.
The additional inspection and re-inspection fees are
incurred beyond the initial field inspection covered under
the fire/life safety plan review fee. Additional fees are
applicable for any additional inspections beyond the initial
field inspection or when the length of the initial inspection
exceeds 2 hours.
The expedite or off-hour fire/life
safety plan review and inspection fee applies to projects
described in Section 118.1.1, where the plan review and/or
inspection is to be expedited to occur at the earliest possible
time, which may include off-hour time. Off-hour time
is any time outside of normal business hours of the City.
The fee shall be based on the Inspector expedite/off-hour
rate, with a minimum of 4 hours, and per hour thereafter.
The Board, with the concurrence of
the City Administrative Officer, shall review the fees on an
annual basis and determine the verifiable costs to the City for
the issuance of construction plan check and inspection permits in connection with the activities of this chapter. The
costs shall be the actual total costs incurred, including all
applicable indirect costs, as determined by the Board. The
Board shall use said costs to develop or to amend the most
current cost recovery fee schedule, so as to recover City costs
associated with the permit issuance activities of this section.
The Board may adopt or amend the most current recovery fee
schedule at any time during the fiscal year.
Upon adoption of the fee schedule or any amendment thereto, the Board shall transmit the Board order to the Mayor and City Council for consideration and approval.
Upon adoption of the fee schedule or any amendment thereto, the Board shall transmit the Board order to the Mayor and City Council for consideration and approval.
The Board of Fire Commissioners
with the concurrence of the City Administrative Officer,
shall review the fees on an annual basis and determine the
verifiable costs of the City as set forth in this subsection.
The revenue from
two-thirds of the surcharge shall be used to provide for the
cost of establishing and operation of the Development Services
Centers.
The revenue from one-third
of the surcharge shall be used solely to pay for the $21.76
million cost of developing and implementing BuildLA, a
comprehensive enterprise-wide development services system,
and shall not be used to pay for ongoing BuildLA
costs such as maintenance or system hosting services.
The surcharge
shall be returned to the greater of 2 percent or $1, revenue
allocation to BuildLA shall stop, and all surcharge revenue
shall be allocated to the Development Services Centers
when the City Administrative Officer determines that the
BuildLA allocation has recovered the $21.76 million cost
of BuildLA.
The provisions of this section shall apply to
general approvals which constitute approval of the type,
design, and construction of any appliance, device, equipment,
or system listed in Section 119.3 and 119.3.2 of this chapter.
Every application for a General
Approval shall be filed at the office of the Bureau of Fire Prevention
and Public Safety upon forms provided by the
Department.
Every application for a general
approval shall be accompanied by the required fees as set
forth in this chapter.
Plans and specifications
for a general approval required by this code shall be made
in compliance with Sections 105.2 through 105.4. the
same as stated for permits.
No person shall
construct, sell, offer for sale, or advertise for use in the City
or install, operate, maintain, or use any appliance, device,
equipment, system, or material listed in this section unless a
general approval for the type, design, construction, formulation,
and/or method of application has been granted by the
Chief.
- Fire hydrant.
- Candle device for a place of assemblage other than the sanctuary of a church.
- Roofing kettle over 15-gallon capacity.
- Automatic or self-closing shutoff valves or internal valves for hazardous materials.
- Automatic or self-closing dispensing nozzles for hazardous materials.
- Vaporizers or mixers for liquefied gases.
- Portable tank or portable shipping tank.
- Cargo tank of a tank vehicle.
- Internal valve or dome cover for cargo tank if approved separately from tank vehicle.
- Hydrant cart for aircraft refueling.
- Paint coating, or other surface finish, which purports to reduce or eliminate combustible characteristics of furnishings or structures unless regulated by Title 19 of the California Code of Regulations or by Chapter 9 of the LAMC (Building Code).
The Chief may exempt from the
requirements of Section 119.3 of this section any appliance,
device, equipment, material or system which is
approved, listed, or labeled by an approved testing laboratory;
provided that such appliance, device, equipment,
material or system is applied, installed, operated, used, and
maintained in conformance with the requirements of this
article. Exemptions hereby granted do not include exemption
from the fee requirements as set forth in Section 119.8
of this article.
The Department may grant a general
approval for the type, design, and construction of any
appliance, device, equipment, or system which is listed in
this subsection. This does not waive the requirements for a
permit for each individual installation:
- Atmospheric tank.
- Low-pressure tank.
- Special vessel.
- Spray booth or spray tunnel with any dimension greater than 3 feet (914 mm).
- Dip tank, more than 150 gallon (568 L) capacity or more than 5 square feet (0.46 m2) of surface area.
- Flow coat machine.
- Drying oven.
- Industrial oven or furnace not otherwise specified.
- Industrial processing equipment not otherwise specified.
- Automatic fire extinguishing system except automatic sprinkler system.
A record of general approvals and exceptions
which may be granted in accordance with the provisions
of this section shall be maintained by the Chief. Such
record shall be available for public inspection at the office
of the Bureau of Fire Prevention and Public Safety.
The Chief shall investigate
every application for a general approval. Such investigation
shall be made by authorized members of the
Department. The Department approval of the application may
be made subject to such terms and conditions as may be necessary
for the safeguarding of life and property from the hazards
of fire, explosion, or panic.
The Chief may
require such additional information or tests as may be necessary
to carry out the investigation of the application for a
general approval. Any test that may be required shall be
made at the applicant's own expense.
If, after investigation
and consideration of any application and the plans and
specifications in connection therewith, it shall be determined
that the type, design, and construction of the appliance,
device, equipment, or system will not create any
undue fire hazard and that it will conform to the provisions
of this article and of other relevant laws, the Chief shall
approve the application. The Department shall thereupon
grant the general approval.
Every appliance, device, equipment, or
system for which a general approval has been granted shall
have attached thereto a metal label, or other approved means
of identification, containing the following information:
- The name of the manufacturer thereof.
- The letters "L.A.F.D." together with the general approval number.
- If a tank or container, the gauge of thickness of metal of which it is constructed and the capacity thereof in gallons.
- Such other information as may be required as a condition of the general approval.
Every general
approval granted in accordance with the provisions of this
section shall be valid for a period of 3 years after the date of
granting, and may be renewed for additional 3-year periods.
Nothing contained
in this section shall be construed as prohibiting the continued
operation or use of any appliance, device, equipment
or system for which a valid L.A.F.D. label has been issued
under the authority of Section 119.5 of this section.
Applications for
renewal of a general approval shall be filed in the same manner
as for an original general approval, except that plans and
specifications are not required.
Each application shall be accompanied
by a renewal fee. Whenever the application for
renewal is filed prior to the expiration date of the general
approval, the renewal fee shall be 50 percent of the fee set forth in Section 119.8 of this article. Whenever the application
for renewal is filed after the expiration date of the
general approval, the renewal fee shall be the fee set forth
in Section 119.8.
The granting of a renewal
of a general approval shall be handled in the same manner
as for an original general approval.
Before accepting an application for any of the
following general approvals required by this chapter, the
Department shall collect the fees required therefore established
by the most current cost recovery schedule published
as provided by Section 114 and applicable thereto.
A general approval
shall be required for the following devices:
- Fire hydrant.
- Candle device for place of assemblage.
- Roofing kettle, over 15-gallon (57 L) capacity.
- Automatic or self-closing shutoff valve for hazardous materials.
- Automatic or self-closing nozzle for hazardous materials.
- Vaporizer or mixer for liquefied gases.
- Portable tank or portable shipping tank.
- Cargo tank of a tank vehicle.
- Internal valve, vent, or dome cover for cargo tank.
- Hydrant cart for aircraft refueling
- Paint, coating, or other surface finish
A general approval
shall be optional for the following devices.
- Atmospheric tank.
- Low pressure tank.
- Special vessel.
- Gas holder.
- Spray booth or spray tunnel with any dimension greater than 3 feet (914 mm).
- Dip tank with more than 150 gallon (567 L) capacity or more than 5 square feet (0.46 m2) of surface area.
- Flow coat machine.
- Drying oven.
- Industrial oven or furnace not otherwise specified.
- Industrial proceeding equipment not otherwise specified.
- Automatic fire extinguishing system except automatic sprinkler system.
When the length
of time spent in investigating an application for a general
approval is such that the charge for hours spent, as computed
in accordance with the cost recovery schedule established
under Section 114, exceeds the schedule fee
established for that particular type of approval; the charge as computed pursuant to Section 114 shall be paid to the
department before any general approval is issued.
Fee exempt general
approvals, without the payment of the fees prescribed
pursuant to Section 114, shall be issued to the following:
City of Los Angeles, County of Los Angeles, Los Angeles
City School Districts, Los Angeles Community College
District or any municipal corporation, department, or
office thereof.
The
Chief may suspend or revoke any general approval if it is
found that the material or method of construction is not in
compliance with any of the conditions upon which it is based,
or is not a quality or workmanship equivalent to that required
by the Municipal Code, or for any of the reasons set forth in
Section 105.5 of this chapter.
This section sets forth the requirements concerning
the "Unified Hazardous Waste and Hazardous Materials
Regulatory Management Program consolidated Permit"
(Unified Program Facility Permit) issued pursuant to Chapter
6.11 of Division 20 of the California Health and Safety Code,
for businesses located in the City of Los Angeles. Businesses
subject to any one or more of the hazardous waste and hazardous
materials programs defined in Section 120.1.1 through
120.1.5 shall receive a single consolidated permit and fee
invoice.
Hazardous waste generator
and onsite tiered permitting activities authorized
under the permit-by-rule, conditionally authorized, and
conditionally exempt tiers pursuant to Health and Safety
Code Division 20, Chapter 6.5 (generally supplemented by
Division 4.5, Title 22 of the California Code of Regulations).
The
requirements of the Health and Safety Code, Division 20,
Chapter 6.67, Sections 25270-25270.13, concerning aboveground
storage of petroleum.
The
requirements of the Health and Safety Code Division 20,
Chapter 6.7 (commencing with Section 25280) concerning
underground storage tanks, except for the responsibilities
assigned to the State Water Resources Control Board pursuant
to Section 25297.1, and any requirements of Chapter
50 of this code pertaining to underground storage tanks.
The requirements of Article 1 (commencing
with Section 25501) of the Health and Safety
Code Division 20, Chapter 6.95 concerning hazardous
material release response plans and inventories and any
requirements of Section 121 of this code.
The requirements of Article 2 (commencing with
Section 25531) of the Health and Safety Code Division 20,
Chapter 6.95, concerning hazardous materials management and the requirements of Chapter 4.5 of Division 2 of
Title 19 of the California Code of Regulations.
The following terms are defined in Chapter
2.
ABOVE GROUND STORAGE TANKS SPILL PREVENTION,
CONTROL, AND COUNTERMEASURE
(SPCC) PLAN
AUTHORIZATION.
BUSINESS.
CALIFORNIA ACCIDENTAL RELEASE PREVENTION PROGRAM (CALARP).
CERTIFIED UNIFIED PROGRAM AGENCY OR CUPA.
HAZARDOUS MATERIALS RELEASE RESPONSE PLAN (HMRRP) AND INVENTORY PROGRAM.
HAZARDOUS WASTE GENERATORS AND HAZARDOUS WASTE ONSITE TREATMENT PROGRAMS.
PARTICIPATING AGENCY OR PA.
UNDERGROUND STORAGE TANK (UST) PROGRAM.
UNIFIED PROGRAM FACILITY.
UNIFIED PROGRAM FACILITY PERMIT.
UNIFORM FIRE CODE HAZARDOUS MATERIALS MANAGEMENT PLAN (HMMP).
AUTHORIZATION.
BUSINESS.
CALIFORNIA ACCIDENTAL RELEASE PREVENTION PROGRAM (CALARP).
CERTIFIED UNIFIED PROGRAM AGENCY OR CUPA.
HAZARDOUS MATERIALS RELEASE RESPONSE PLAN (HMRRP) AND INVENTORY PROGRAM.
HAZARDOUS WASTE GENERATORS AND HAZARDOUS WASTE ONSITE TREATMENT PROGRAMS.
PARTICIPATING AGENCY OR PA.
UNDERGROUND STORAGE TANK (UST) PROGRAM.
UNIFIED PROGRAM FACILITY.
UNIFIED PROGRAM FACILITY PERMIT.
UNIFORM FIRE CODE HAZARDOUS MATERIALS MANAGEMENT PLAN (HMMP).
No person shall operate or maintain
a new or existing Unified Program Facility without having
obtained an annually renewable Unified Program Facility
Permit with the appropriate authorization for each applicable
unified program element pursuant to this chapter, or other
authorized permit.
All applications for a permit shall be filed
with the Department, and shall be in writing on forms provided
by the Department. At the time an application for a
permit is filed, the Department shall collect the established
fees pursuant to this chapter. All applications shall be
reviewed for completeness and acceptability for the purposes
of this chapter.
Applications for permits
required by this section shall, unless otherwise required by
the Department, contain a completed Los Angeles Fire
Department Unified Program application packet, provided
by the Department.
Investigation and procedures for granting,
power to deny shall comply with Sections 120.5.1 and
120.5.2.
Investigation and procedure for granting permits shall
be as follows:
- The Fire Marshal shall investigate application for a permit, and such investigation shall be made by authorized members of the Department.
- The Fire Marshal may require such additional information as may be necessary to carry out the investigation of the application for a permit.
- If, after investigation and consideration of any application, and any plans or specifications required in connection therewith, the Chief shall determine that the proposed business, operation, occupation or premises will not create any undue hazard as a result of fire or panic, and the applicant is in compliance with all applicable Unified Program elements, the Chief shall approve the application.
- The Chief's approval of the application may be made subject to terms and conditions necessary for the safeguarding of life and property from the hazards of fire, explosion or panic.
- On approval of the application by the Chief and the payment of the required fee the Department shall issue the permit.
The Chief, in his or her discretion,
is hereby empowered to deny or withhold
approval of a permit for which an application has been
made if the building, premises, equipment, apparatus,
or the facilities for the establishing, maintaining, conducting
or operating the business, operation, occupation,
or premises for which the permit is requested is or
are insufficient or are unfit or incapable of being used,
maintained, established, or operated to comply with
this article or other applicable laws and the Rules and
Regulations of the Department.
Each permit shall be issued in
accordance with the provisions of this Section and shall set
forth upon the face thereof the following:
- The name of the person to whom issued.
- The name of said business.
- The address where the premises are located and where the address is different from that of the applicant, the address designated by the applicant or his or her authorized agent for mailing purposes. The mailing address so appearing shall be the address to which all notices required or authorized by this article shall be sent unless the applicant or permittee shall request in writing that another address be used for such purposes.
- The signature of the Chief printed thereon.
- The date of expiration of the permit and the date upon which the annual permit fee shall be due and payable.
- A list of the Unified Program elements authorized at the facility.