Loading...
HomeMy WebLinkAboutMINUTES - 08051986 - T.2 UNIFORM FIRE CODE ORDINANCES OF THE COUNTY OF CONTRA COSTA ( 86-67 ) , AND OF THE BETHEL ISLAND ( 36-68 ) , BYRON ( R5-69 ) , CROCKETT-CARQUINEZ (86-70 ) , CONTRA COSTA COUNTY ( 86-71 ) , EAST DIABLO ( 86-72) , MORAGA ( 86-73 ) , OAKLEY 06-74 ) , ORINDA ( 86-75 ) , RIVERVIEW (86-76 ) AND WEST COUNTY ( 86-77 ) , FIRE PROTECTION DISTRICTS OF CONTRA COSTA COUNTY, ADOPTING BY REFERENCE (WITH CERTAIN AMENDMENTS) THE UNIFORM FIRE CODE (1985 EDITION AND THE UNIFORM FUZE CODE STANDARDS) COMPILED BY THE WESTERN FIRE CHIEFS ASSOCIATION, INC. , AND REPEALING ORDINANCE NUMBERS 83-39 THROUGH 83-52. The Board of Supervisors of Contra 'Costa County for the County, and as the Board of Directors of the Bethel Island, Byron, Crockett-Carquinez, Contra Costa County, East Diablo, Moraga, Oakley, Orinda, Pinole, Riverview, Tassajara, and .West County Fire Protection Districts, ordains as follows: Section I. Adoption by Reference. The Uniform Fire Code, 1985 Edition including Appendix Articles I-A, I-B, I-C, II-A, II-B, II-C, II-D, III-A, III-B, III-C, IV-A, V-A, VI-A, VI-C, and the Uniform Fire Code Standards, as compiled, recommended and published by the Western Fire Chiefs Association and the International Conference of Building Officials, is hereby adopted by this reference, with the changes, additions, and deletions set forth in this ordinance, of which Code and Standards at least .one (1) copy has been and is now filed in the Office of the Clerk of the County of Contra Costa and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which ordinance shall take effect the provision thereof shall be controlling within the boundaries of this jurisdiction. Section II . Additional Definition. In addition to the terms defined in Article 9 of the Uniform Fire Code, the following term in this ordinance and in the Uniform Fire Code, adopted by reference by this ordinance is defined as follows: "Board of Fire Commissioners" shall mean the commissioners appointed by the supervising authority of the jurisdiction to act as its agents in managing the affairs of the jurisdiction. Section III. Changes and Deletions. The Uniform Fire Code and the Uniform Fire Code Standards adopted by reference in Section I, shall be effective with the amendments, additions and deletions set forth in this section. Article, section, division, and appendix numbers used below are those of the Uniform Fire Code. . Section 1.103. Scope. Section 1.103 is amended by adding subsection (d) , as follows: r (d) where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, boats, and mobile vehicles when fixed in a specific location within the boundaries of this jurisdiction. Section 2.102. Rules and Regulations. Section 2.102 is amended, as follows: The Chief is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this Code. Such rules and regulations shall become effective only after the Board of Fire Commissioners has reviewed and the County Administrator or the Board of Supervisors has approved them and indicated its or their approval and upon filing of one copy of such rules and regulations in the Office of the Clerk of the Board of Supervisors. Additional copies of such rules and regulations shall be kept in the office of the Fire Department for reference by .and distribution to the public. Section 2.105. Authority of Fire Personnel to Exercise Powers of Peace Officers. Section 2.105 is amended, as follows: (a) The Chief and his designated representative shall have the powers of peace officers while engaged in the performance of their . duties with .respect to the prevention, investigation, and suppression of fires and the protection and preservation of life and property against the hazards of fire and conflagration. (b) The Chief, or his duly authorized agents, may issue citations for violations of this ordinance in the same manner as a county or city is authorized to do so by Chapter SC (commencing with Section 853.5) , Title 3, Part 2, of the Penal Code. Section 2.204. Orders, Notices and Tags. Section 2.204 is amended by adding subsection (e) , as follows: (e) The Chief may order, in writing, the correction, elimination, or abatement. of any fire or life hazard or any violation of this Ordinance including the said code and standards incorporated by reference herein which violation correction is necessary for prevention and suppression of fires and conflagrations and for the protection and preservation of life and property against the hazards of fire and conflagration. Section 2.206. Review of Certain Plans. Section 2.206 is added, as follows: Before undertaking any construction or development, Applicants shall submit building plans and/or specifications to the fire department for its retention and review for compliance with this ordinance and other applicable regulations, whenever any land is developed and/or building is constructed or improved which would require: -2- . 1. Provision of a water supply for fire protection; 2. Provision of access for fire apparatus; 3. An occupancy for the storage; handling, or use of any hazardous substance, material process or device; 4. Occupancies for which a fire department has a respon- sibility for enforcement of laws or ordinances for fire safety and preservation of property or lives; and/or 5. Provisions to control the spread of fire. Section 2.207. Fee for Plan Review, Inspection, Permits. Section 2.207 is added, as follows: The Board of Fire Commissioners may by resolution, establish a schedule of non-discriminatory fees to be charged and collected, solely to defray the fire department's reasonable costs for plan review of fire protection equipment and systems, including, but not limited to, the plans set forth in Section 2.206, above; requested or required inspection services; and issuance of permits. Such fees shall become effective only after the Board of Supervisors has reviewed such and approved the fee schedule. One copy of such approved fee schedule shall be filed with the Office of the Clerk of the Board of Supervisors and one copy filed with the County Administrator' s office. Additional copies shall be kept in the main business office of the fire department for reference by and distribution to the public. Section 2.302. Board of Appeals. Section 2.302 is amended, as follows: In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this ordinance, there shall be and hereby is created a Board of Appeals. The Board of Appeals shall be composed of the Board of Fire Commissioners. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire Chief with a duplicate copy to the appellant and may recommend to the Executive Body such new legislation as is consistent therewith. Section 2.303. Standards. Section 2.303 is amended by adding to subsection (b) , and listing certain publications, as follows: (b) Whenever this ordinance is inapplicable for any reason to any situation involving the protection of persons and property from the hazards of fire and explosion, the materials, methods of construction, installations, practices, or operations necessary to provide such protections shall, to a reasonable degree, be in accordance with nationally recognized and accepted standards, -3- principles, and tests and generally recognized and well-established methods of fire prevention and control, as set forth in the following publications which are adopted by reference as part of this ordinance as though set forth herein in full. The publications listed below are contained in their entirety in the 1985 Edition of the National Fire Codes published by the National Fire Protection Association (NFPA) . Three (3) sets of these codes are on file in the Office of the County Clerk for use and examination by the public. NATIONAL FIRE PROTECTION ASSOCIATION (N.F.P.A. ) Batterymarch Park Quincy, MA 02269 N.F.P.A. STANDARDS 12 Carbon Dioxide Systems, 1985 12A Halon 1301 Systems, 1985 12B Halon 1211 Systems, 1985 13 Sprinkler Systems, Installation, 1985 23D Sprinkler Systems, Dwelling, 1984 14 Standpipe and Hose Systems, 1983 16 . Foam-Water Sprinkler & Spray Systems, 1980 17 Dry Chemical Systems, 1985 20 Centrifugal, Fire Pumps, 1983 22 Water Tanks, 1984 24 Outside Protection, 1984 26 Supervision of Valves, 1983 30 Flammable and Combustible Liquids Code, 1984 31 Oil Burning Equipment, 1983 33 Spray Application, Using Flammable and Combustible Materials, 1985 34 Dip Tanks, 1982 35 Manufacturer of Organic Coatings, 1982 36 Solvent Extraction Plants, 1985 37 Stationary Combustion Engines and Gas Turbines, 1984 40E Storage of Pyroxylin Plastic, 1980 43A Liquid & Solid Oxidizing Materials, 1980 43C Storage of Gaseous Oxidizing Materials, 1980 45 Fire Protection for Laboratories Using Chemicals, 1982 48 Magnesium, Storage, Handling, 1982 50 Bulk Oxygen Systems, 1985 50A Gaseous Hydrogen Systems, 1984 50B Liquefied Hydrogen Systems, 1985 51 Welding and Cutting, Oxygen-Fuel Gas Systems for, 1983 56F Non-flammable Medical Gas Systems, 1983 59A Liquefied Natural Gas, Storage and Handling, 1985 65 Aluminum Processing and Finishing, 1980 68 Explosion Venting, Guide, 1978 69 Explosion Prevention Systems, 1978 71 Central Station Signalling Systems, 1985 72A Local Protective Signalling Systems, 1985 72B Auxiliary Signalling Systems, 1979 -4- 72C Remote Station Signalling Systems, 1982 72D Proprietary Signalling Systems, 1979 72E Automatic Fire Detectors, 1984 74 Household Fire Warning, 1984 75 Electronic Computer/Data Processing Equipment, 1981 80 Standard for Fire Doors and Windows, 1983 91 Blower and Exhaust Systems, 1983 96 Commercial Cooking Equipment, Vapor Removal, 1984 231 General Storage, Indoor, 1985 303 Marinas and Boatyards, 1984 327 Cleaning Small Tanks, 1982 329 Underground Leakage of Flammable and Combustible Liquids, 1983 409 Aircraft Hangars, 1985 410 Aircraft Maintenance, 1982 415 Aircraft Fuel Ramp Drainage, 1983 419 Airport Water Supply Systems, 1983 505 Powered Industrial Trucks, 1982 513 Motor Freight Terminals, 1984 . 651 Aluminum of Magnesium Powder, 1980 655 Sulfur Fires, Explosions, Prevention, 1982 664 Woodworking Plants, Dust Hazards, 1981 A.P.I. 1604 Removal of Underground Tanks, 1960 Section 3.105. Compliance. Section 3.105 is added, as follows: Every person who violates any provision of this ordinance and any provision of the Uniform fire Code as adopted by reference herein is guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such person$ shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions. This section is a declaration of Section 13871 of the Health and Safety Code and is not intended to create a different or separate penalty. Section 4.102. Conditions of Permit. Section 4.102 is amended by adding subsection (d) , as follows: . . (d) Permit(s) shall only be issued after the permit fees required by Section 2.207 have been received by the Fire Department. Section 4.107. Revocation of Permits. Section 4.107 is amended by adding subsection (f) , as follows:. (f) Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this ordinance do not apply,, or that the true intent and meaning of this ordinance have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Appeals (created pursuant to Section 2.302) within 30 days from the date of decision appealed. -5- Section 9. 103. Definitions. Section 9.103 is amended by adding the definition of "Administrator", as follows: Administrator means the County Administrator of Contra Costa County. Section 9.105. Definitions. Section 9.105 is amended by adding the definition of "County Administrator", as follows: County Administrator means the County Administrator of Contra Costa County. Section 9.107 . Definitions. Section 9.107 is amended by adding the year 111984" in the definition of "Electrical Code". Section 9.108. Definitions. Section 9.108 is amended by adding the definitions of "Firebreak" , "Firetrail", and "Fuelbreak" as follows: Firebreak means a continuous strip of land upon and from which all rubbish, weeds, grass or other growth that could be expected to burn when dry has been abated or otherwise removed in order to prevent the surface extension of fire from one area to another. Firetrail means a graded firebreak of sufficient width, surface, and design to provide access for men and equipment to suppress and to assist in preventing a surface extension of fires. Fuelbreak means a firebreak or sufficient width, surface, and design to provide access for men and equipment to suppress and to assist in preventing a surface extension of fires. Section 9.112. Definitions. Section 9.112 is amended by altering the definitions of "Jurisdiction" and "Jurisdictional Area", as follows: Jurisdiction means any country, district or other political subdivision adopting this ordinance for use within its legal boundaries. Jurisdictional Area means the territory of any county, district or other political subdivision adopting this ordinance for use within its legal boundaries. Section 10.206. Obstruction of Fire Protection Equipment. Section 10.206 is amended by adding a last sentence, as follows: When hydrants are located behind curbs on property not governed by the California Vehicle Code and/or related parking or vehicular regulation of a local governmental entity, and the parking of motor vehicles is allowed, the curb shall be painted red for a dimension of 71 feet on each side of the hydrant. Section 10.207. Access Roadways for Fire Apparatus. Section 10.207 is amended by altering subsection (k) and adding subsection (m) , as follows: -6- (k) Obstructing. The required access width or roadway shall not be obstructed in any manner including, but not limited to, imposition of any physical impairment, condition, object or device, which would lessen, obstruct, hinder, delay or impair the access for safe emergency response of fire department apparatus and personnel. Parking of vehicles shall not be permitted when such parking would obstruct access. Minimum required widths and clearances established under this section shall be maintained at all times. (m) Open space. When access to open land/space or firetrail systems maintained for public or private use is obstructed by new development, the developer shall provide alternate acceptable access into the areas, as approved by the fire district, for fire personnel and apparatus. Section 10.208. Premises Identification. Section 10.208 is amended by adding a last sentence, as follows: When illuminated number/address are provided, they shall be maintained in working order. Section 10. 301. Installation. Section 10.301 is amended by altering and adding to subsection (c) , as follows: (c) Water Supply. Where lands are hereafter divided for future development or construction of any buildings, an approved water supply capable of supplying required fire flow for fire protection shall be provided. When any portion of the building protected is in excess of 150 feet from a water supply on a public street, there shall be provided, when required by the Chief, on-site fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs, pressure tanks, elevator tanks, water mains or other fixed systems capable of supplying the required fire flow. In setting the requirements for fire flow, the Chief maybe guided by the standard published by the Insurance Services Offices, "Guide for Determination of Required Fire Flow" , 1974 Edition. The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street or on site of the premises to be protected as required and approved by the Chief. All hydrants shall be accessible to the fire department apparatus by roadways meeting the requirements of Section 10.207. When. the required fire flow cannot be provided or exceeds fire department capabilities, alternate methods of fire protection as approved by the Chief shall be provided. Section 10.302. Maintenance. Section 10.302 is amended by deleting the exception to subsection(a) . -7- I Section 10.306. Fire Alarm System. Section 10.306 is amended by adding subsection (f) , as follows: (f) Fire alarm annunciator panels shall be provided at such locations as required by the Chief. Section 10. 307. Installation of Fixed Fire Protection Systems. Section 10. 307 is amended by altering the first sentence of subsection (a) , and by adding a second paragraph to subsection (b) as follows: (a) General. All fire-extinguishing .systems shall be installed in accordance with the requirements of this article. (b) Approvals. When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and installed to have a sprinkler density of not less than that required for an ordinary Hazard Group 3 use, with a minimum design area of 3,000 square feet. Use is considered undetermined if not classified at the time the permit is issued. Section 10. 308. Automatic Fire-Extinguishing Systems. Section 10.308 is amended by altering subsection (a) as follows: (a) Where Required. An automatic fire-extinguishing system shall be installed in the occupancies and locations as set forth in the Uniform Building Code. For special provisions on hazardous chemicals and magnesium, and calcium carbide, see Sections 10.301 and 45.209 and Articles 48, 49 and 80. Section 11.111. Chimney Spark Arresters. Section 11.111 is amended to read as follows: Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used upon any cabin, house, hotel, building or structure shall be maintained with a spark arrester as required by the Uniform Building Code for incinerators. Section 11.203 . Storage of Readily Combustible Materials. Subsection (b) , 1st paragraph, is amended as follows: Storage in buildings shall be orderly, shall be maintained two feet below the ceiling, and shall be so located as not to endanger exit from the building. Aisles shall be provided in accordance with Section 81. 108(a) . Refer to Article 81 for high piled stock. Section 12.101. Scope. Section 12.101 is amended by changing the first paragraph, as follows: Exits serving every building, structure or confined area which is used or intended to be used at any time for human occupancy shall be maintained as specified in the Uniform Building Code and in accordance with this Article and Section 1.103 of this Code. Section 12.104. Doors. Section 12.104 is amended by adding to subsection (c) , as follows: (c) Panic Hardware. No lock, padlock, hasp, bar, chain, or other device, or combination thereof, shall be installed or maintained at any time on or in connection with any door on which panic hardware is installed. -8- Section 12.113. Exit Illumination. Section 12.113 is amended by adding subsection (c) , as follows: (c) Working Order. All illuminated exit signs and all emergency light and power systems, where provided, shall be maintained at all times in working order. Section 77.106. General Requirements. Section 77.106 is amended by adding a last sentence to subsection (b) , as follows: The. limits in which storage of explosives and blasting agents are prohibited, are hereby established as follows: In all areas of this Jurisdiction, except for approved explosive terminals, quarry operations, and temporary storage for use in connection with approved blasting operations as approved by the Chief. Section 79. 114. Abandonment and Status of Tanks. Section 79.114 is amended by altering subsection (e) , as follows: (e) Underground Tanks out of Service One Year. Any underground tank which has been .abandoned for a period of. one year shall be removed from the ground and the hole properly filled. Section 79.501. Restricted Location. Section 79.501 is amended by adding a last sentence as follows: The limits in which storage of flammable or combustible liquids in outside above-ground tanks are prohibited, are hereby established as follows: In residential class occupancies, and areas including apartments and hotels, in all mercantile, commercial business districts, and in other congested or heavily-populated areas. Section 79.605. Testing. Section 79.605 is amended by adding subsection (e) , as follows: (e) Deteriorated Tanks. A leaking or otherwise deteriorated tank shall be removed from the ground and shall not be repaired for return to service. Section 79.1401. Scope. Section 79.1401 is amended by adding two paragraphs, as follows: No new bulk plants shall be constructed within the limits established by law as the limits of the district in which such plants are prohibited. The limits in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: In residential class occupancies, and areas including apartments and hotels, in all mercantile and commercial business districts and other congested' or heavily-populated areas. Section 81.105. Fire Protection. Section 81.105 is amended as follows: -9- Section 81.105. Fire Protection. Fire protection for buildings used for high-piled combustible storage shall be in accordance with Table No. 81.105 and the Building Code. An approved automatic fire extinguishing system shall be required throughout the building when the contiguous area used for high-piled combustible storage exceeds 5,000 square feet, inclusive of aisles, and in accordance with Table 81.105. Nationally recognized standards or guidelines as applicable may be used when approved by the chief. Section 82. 105. Location of Containers. Section 82.105 is amended by adding a last sentence to subsection (a) , as follows: r. The limits in which bulk storage of liquified petroleum gas is restricted, are hereby established as follows: In residential class occupancies, and areas including apartments and hotels, in all mercantile and commercial business districts and other congested or heavily populated areas. Section 82.107. Prohibited Use of Liquified Petroleum Gas. Section 82.107 is amended by adding subsection (c) , as follows: (c) Liquified Petroleum Gas containers shall not be stored or used inside of any. tent or air-supported structure or occupancy unless approved by the Chief. Section 86.102. General Requirements. Section 86.102 is amended by adding Subsection (j ) as follows: (j ) Shelving. Pesticide storage and display shelving shall be of stable construction, of sufficient depth and of such arrangement that containers will not be easily displaced. When practical, shelving shall be secured to the wall. ARTICLE 88 FIRE HAZARD ABATEMENT Article 88 is added in its entirety, as follows: Section 88.101. Delegation of Power. a. This Board as the supervising, legislative and executive authority of this jurisdiction hereby delegates to the Board of Fire Commissioners of this jurisdiction all its powers, duties, and rights to act pursuant to Part 5 (commencing with Section 14875) , Division 12, of the Health and Safety Code, to clear or order the clearing of land or remove or order the removal of dry grass, stubble, brush, rubbish, litter or other flammable material where such flammable material endangers the public safety by .creating a fire hazard. Such fire hazard abatement shall be conducted in accordance with the provisions of said Part 5 and/or this ordinance. In the application of the provisions of said Part 5 to fire hazard abatement proceeding under this ordinance and the Fire Protection District Law of 1961, the terms "Board of Supervisors" or "Board" when used in Part 5, shall mean the- Board of Fire Commissioners of this jurisdiction under this article; and the officers designated in Section 14890 of Part 5 shall mean the employees of this jurisdiction by the Board of Fire Commissioners of this jurisdiction. b. If no Board of Fire Commissioners has been appointed for the jurisdiction then this Board shall retain all its powers, duties and rights to act pursuant to said Part 5. C. This Board of Supervisors reserves and retains the power to award a contract for such fire hazard abatement work where the employees of this jurisdiction are not used to perform such abatement work. -10- Section 88.102. Definitions. As used in this article: a. "Weed", as used in this part, means all weeds growing upon streets or private property in this jurisdiction and includes any of the following: 1. Weeds which bear seeds of a downy or wingy nature. 2. Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace to adjacent improved property. 3. Weeds which are otherwise noxious or dangerous. 4. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health. 5. Dry grass, stubble, brush, litter or other flammable materials which endanger the public safety by creating a fire hazard. b. "Rubbish" means waste matter, litter, trash, refuse, debris and dirt on streets, or private property in the jurisdiction which is, or when dry may become a fire hazard. c. "Streets" includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs. d. "Person" includes individuals, firms, partnerships and corporations. e. "Cost of Abatement" shall include all expenses incurred by the jurisdiction in its work of abatement undertaken pursuant of Article 88 of this ordinance. Section 88.103 . Weed and Rubbish a Public Nuisance. This Board hereby declares that all weeds growing upon private property or streets in this jurisdiction and all rubbish on private property or streets in this jurisdiction are public nuisances. Such weed nuisance is seasonal and recurrent. Section 88.104. Weeds and Rubbish to be Destroyed or Removed. It shall be unlawful for any person owning, occupying, renting, managing or controlling any real property in this jurisdiction to cause or permit any weeds, or to place, cause or permit any rubbish to be or remain on any real property in this jurisdiction or on portions of streets adjoining such real property to the center line of such streets. It shall be the duty of every such person to remove or destroy such weeds and/or rubbish. Destruction by burning within this jurisdiction is unlawful unless the written permission of the Chief of this jurisdiction is first obtained, and all other applicable permits are obtained from appropriate governing :jurisdictions. -11- Section 88.105. Abatement Procedures. . a. The Chief of this jurisdiction may order the abatement of the weeds and rubbish described in Section 88.104. On making the order, the Chief of this jurisdiction. shall mail a copy of a notice to the owner of the affected property as he and his address appear upon the current and/or last County equalized assessment roll or as his address is known to this jurisdiction. As an alternative to mailing, the notice may be posted upon the affected property and published in this jurisdiction, not less than 10 days prior to the date of the abatement hearing. Copies of the notice shall be headed with the words "Notice to Abate Weeds and Rubbish" in letters at least one inch high. The notice shall be in substantially the following form: NOTICE TO ABATE WEEDS AND RUBBISH You are hereby notified that weed and rubbish constitute a fire hazard on the following described property owned by you: (describe property by common street designation, by metes and bounds, Assessor's code area and parcel number, or by reference to attached map) . You are hereby notified to remove the weeds and rubbish within fifteen days from the date of this notice. If you fail to do so, it will be removed by the (name of jurisdiction) and the cost of removal will be collected like property taxes and will be a lien on your property until paid. You are hereby further notified that the Board of Supervisors of Contra Costa County has declared that such weeds and rubbish constitute a public nuisance and that such weeds also constitute a seasonal and recurring nuisance. You may appear before the Board of Fire Commissioners of this jurisdiction on (time and date) at (place - room, street, address, city) to show cause why this order should not be enforced. (Signed) : (Name of Chief and name of jurisdiction. ) b. A date for hearing on the notice shall be set at least ten (10) days after the date of the notice. The date of the notice is the date on which the notice is placed in the United States mail or the date on which it is posted on the property. At the hearing the property owner or his agent may appear to show cause why the order. shall not be enforced. For good cause shown, the Board of Fire - Commissioners may extend the time for compliance with the order or may rescind the order. c. If the owner fails to comply with the order, the Chief of this jurisdiction may have the weeds and rubbish abated, either by employees of this jurisdiction or by contract. If a contract is awarded, at least three bids shall be solicited and the contract shall be awarded to the lowest responsible bidder. A contract may include work on more than one parcel. -12- d. The Fire Chief abating the nuisance shall keep an account of the cost of abatement in front of or on each separate parcel of land and shall render an itemized report in writing to the Board of Fire Commissioners showing the cost of removing the weeds and rubbish on or in front of each separate lot or parcel of land, or both. Before the report is submitted to the Board of Fire Commissioners, a copy of it shall be posted for at least three days on or near the chamber door of the Board with a notice of the time when the report will be submitted to the Board for confirmation. Said report and notice shall also be posted for the said three days in two other public places in the district. At the time fixed for receiving and considering the report, the Board of Fire Commissioners shall hear it and any objections of any of the property owners liable to be assessed for the work of abatement. Thereupon, the Board of Fire Commissioners may make such modifications in the report as it deems necessary, after which by order or resolution, the report shall be confirmed. The amounts of the cost for abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed shall constitute special assessments against the respective parcels of land, and are a lien on the property for the amount of the respective assessments. Such lien attached upon recordation in the Office of the County Recorder of the County in which the property is situated of a certified copy of the Resolution of Confirmation. e. Upon confirmation of the report of cost by the Board of Fire Commissioners of this jurisdiction and the recordation of the Resolution of Confirmation by the Chief, a copy of the report of cost shall be sent to the County Auditor, who shall enter the amount of the assessments against the parcels of land as they appear on the current assessment roll. The Tax Collector shall include the amount of the assessments on bills for taxes levied against the parcels. Thereafter the amount of tie assessments shall be collected at the same time and in the same way as County taxes are collected. The owners are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to these assessment taxes. Section 88.106. Firebreaks. In lieu 'of ordering abatement as provided in Section 88.105, the Chief of this jurisdiction may order the preparation of firebreaks around parcels of property where combustible weeds, crops, or brush are present. In determining the proper width for firebreaks, he shall consider the height of the growth, weather conditions, topography, and the accessibility to the property of fire protection equipment. The procedure set forth in Section 88.105 for the abatement of weeds and rubbish shall also apply to the preparation of firebreaks. Section 88.107. Peat Fire, Penalties Therefor. a. It is the duty of each person, firm, corporation or association not to permit a peat fire in, or a fire involving -13- combustible vegetable materials under the surface of the natural ground to remain upon his property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish and subsurface fire involving peat or vegetable material at his own cost and expense. b. If there exists upon the lands of any person as herein defined a subsurface fire involving the burning or combustion of peat or vegetable matter and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish such fire or combustion, this jurisdiction may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the fire department in fighting the fire and for the cost of providing rescue or emergency medical services shall be a charge against said person. The charge shall constitute a debt of that person and is collectable by the fire department incurring those costs in the .same manner as in the case of an obligation under a contract, express or implied. (See, Health & Safety Code 513009. ) SECTION IV. Repealed Ordinances. The following numbered ordinances previously adopted by this Board of Supervisors of the County of Contra Costa are hereby repealed: 83-39, 83-40, 83-41, 83-42, 83-43, 83-440 83-45, 83-46, 83-47, 83-48, 83-49, 83-50, . 83-51 and 83-52. SECTION V. Effective Date. This Ordinance shall become effective 30 days after passage, and within 15 days of passage, shall be published once with the names of Supervisors voting for and against it in the "Contra Costa Times" , a newspaper published in the County. -14- PASSED and ADOPTED on August 5 , 1936 by the following vote: AYES : Supervisors Fanden, Schroder , McPeak, Torlakson, Powers . NOES : None . ABSENT : None. Vk Chairperson of the Board By: C . *Matthews , Deputy Supervisor Supervisor Supervi S pervisor (SEAL) SLA: -15-