As used herein "Chief of the Fire Department" or "Fire Chief"
shall mean the Fire Chief of the City or a member of the Fire Department
designated by him or her.
(Ord. 3187 §1, 1966)
Except as herein provided, no person shall establish, operate,
maintain or use any building, structure, room, parcel of land or premises
for any purpose other than for purposes of a single unit residential,
two-unit residential, or multi-unit residential, or for purposes incidental
thereto, without having a permit then in effect issued under this
chapter. No permit shall be required for any business or occupancy
in existence prior to the effective date of Ordinance No. 3187, codified
in this chapter. Only one permit shall be required for all buildings
or structures operated by the same person at the same location as
a laboratory.
(Ord. 3187 §2, 1966; Ord. 5798, 2017)
A permit issued under the provisions of this chapter 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 unless otherwise specified.
(Ord. 3187 §3, 1966)
A.
Filing. All applications for permits required by this chapter shall be filed with the City Treasurer and shall be in writing on forms provided by the Treasurer. Such applications shall be accompanied by the fire permit fees required in Section 8.16.110.
B.
Contents.
Applications for permits required by this chapter shall, unless otherwise
required by the Fire Department, contain the following information:
1.
The
name and address of the applicant;
2.
A
description of the property by street and number wherein or whereon
the applicant proposes to engage in the business, operation or occupation
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;
3.
A
statement signed by the applicant or his or her authorized representative,
signifying that the applicant is in charge of such business, operation
or occupation of premises, and agrees to comply with all regulations,
laws and ordinances pertaining thereto;
4.
Applications
for permits to store, process or use hazardous materials shall state
thereon the maximum aggregate quantity of such materials which the
applicant intends to store, process or use at any time;
5.
Applications
for permits for institutional occupancies or assemblage occupancies
shall state thereon the maximum capacity for which the permit is requested.
(Ord. 3187 §4, 1966)
A.
The
Fire Marshal shall cause an investigation to be made of every application
for a permit, and such investigation shall be made by authorized members
of the Fire Department.
B.
The
Fire Marshal may require such additional information as may be necessary
to carry out the investigation of the application for a permit.
C.
If,
after investigation and consideration of any application and of any
plans or specifications required in connection therewith, it shall
be determined that the proposed business, operation, occupation or
premises will not create any undue hazard as a result of fire or panic,
and will comply with all requirements of this chapter and all other
relevant laws, the authorized Fire Department representative shall
approve the application.
D.
The
Fire 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.
(Ord. 3187 §5, 1966)
The Chief of the Fire Department, 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, persons, premises, equipment,
apparatus, vehicle or reasonable facilities for the establishing,
maintaining, conducting or operating the business, operation, occupation
or premises for which the permit is requested, is insufficient or
unfit or incapable of being used, maintained, established or operated
to comply with this chapter or other applicable laws, including, but
not limited to, the California Fire Code as adopted by the City.
(Ord. 3187 §5, 1966)
A permit shall not be issued or granted unless a building permit
has been issued by the Building Department for the building or structure,
or the approval of the Building Department is obtained for the proposed
use.
(Ord. 3187 §5, 1966)
A.
Transfer
of Ownership. No permit shall be transferable except where 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 real or ultimate ownership after the transfer
is substantially similar to the real or ultimate ownership existing
before the transfer. For the purposes of this section, stockholders,
bondholders, partners, or other persons holding an interest in a corporation
or other entity herein defined to be a person, are regarded as having
the real or ultimate ownership of such corporation or other entity.
B.
Change
of Location. Any change of location for any business, operation, occupation
or premises shall require filing of a new application and payment
of the applicable fee.
(Ord. 3187 §6, 1966)
Unless otherwise set forth on the face of the permit, every
permit issued in accordance with the provisions of this chapter shall
be good until voided, revoked or suspended.
(Ord. 3187 §7, 1966)
A.
By the
Chief of the Fire Department. Notwithstanding any other provisions
of this chapter to the contrary, the Chief of the Fire Department
shall have the power to revoke or suspend any permit, at his or her
discretion, upon proof to the satisfaction of the Chief of the Fire
Department of violation by the permittee of the provisions of this
chapter, any other applicable law, or the terms and conditions of
any permit as may be specified under the authority of this chapter.
Such revocation or suspension shall be made in accordance with the
provisions of this chapter.
B.
Revocation.
Whenever any person fails to comply with any provisions of this chapter
or other fire prevention ordinance, the Chief of the Fire Department,
upon hearing after giving such person 10 days notice in writing, specifying
the time and place of hearing and requiring him or her to show cause
why his or her fire permit should not be revoked for such failure,
may revoke or suspend any one or more of the fire permits held by
such person. The notice shall be served in person or by registered
mail to his or her last address. The determination of the Chief of
the Fire Department shall be final.
C.
Operation
After Revocation or Suspension. Any person who engages in any business,
operation or occupation, or uses any premises after the fire clearance
issued therefor 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.
(Ord. 3187 §8, 1966)
The permits and plan reviews required under the provisions of
this chapter shall be those enumerated in the California Fire Code
as adopted and amended from time to time by the City. The amount of
fees for such permits and plan reviews shall be established by resolution
of the City Council. Copies of said Code and resolution are on file
in the City Clerk's Office.
(Ord. 3187, 1966; Ord. 4070, 1980)
All permit fees required by this chapter shall be paid in lawful
money of the United States and shall be collected by the City Treasurer.
(Ord. 3187 §9(1), 1966)
Upon application, fee exempt permits shall be issued to the
following without the payment of fees prescribed by this chapter:
United States Government, State of California, County of Santa Barbara,
City of Santa Barbara, Santa Barbara City School Districts, any municipal
corporation, department or office thereof.
(Ord. 3187 §9, 1966)
Duplicate permits may be issued by the City Treasurer 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 City Treasurer a fee
of one dollar therefor.
(Ord. 3187 §9, 1966)
The Chief of the Fire Department and all of his or her deputies
shall have the power and authority to enter, free of charge, at all
reasonable times, any premises or place of business which requires
fire clearance under the provisions of this chapter, and to demand
exhibition of a fire clearance and evidence of amount of fee paid.
Any person having a fire clearance heretofore issued in his or her
possession or under his or her control who fails to exhibit the same
as well as evidence of amounts of fees paid, on demand, shall be guilty
of a misdemeanor.
(Ord. 3187 §9, 1966)
A record of fire clearance and exceptions which may be granted
in accordance with the provisions of this chapter shall be maintained
by the Fire Marshal. Such record shall be available for public inspection
at the Office of the Fire Prevention Bureau.
(Ord. 3187 §9, 1966)
Whenever any construction or installation work is being performed
in violation of the plans and specifications as approved by the Fire
Department, a written notice shall be issued to the responsible party
to stop work on that portion of the work which is in violation. The
notice shall state the nature of the violation, and no work shall
be done on that portion until the violation has been corrected.
(Ord. 3187 §10, 1966)
A.
Any
person who shall violate any of the provisions of this chapter hereby
adopted, or fail to comply therewith, or who shall violate or fail
to comply with any order made thereunder, or who shall build in violation
of any detailed statement or specifications or plans submitted and
approved thereunder, or any certificate or permit issued thereunder,
or who shall fail to comply with such an order as affirmed or modified
by the City Council or by a court of competent jurisdiction, shall
severally for each and every such violation and non-compliance respectively,
be guilty of a misdemeanor, punishable by a fine of not more than
$300.00, or by imprisonment for not more than 150 days, or by both
such fine and imprisonment. The imposition of one penalty for any
violation shall not excuse the violation or permit it to continue.
All such persons shall be required to correct or remedy such violations
or defects within a reasonable time. When not otherwise specified,
each 10 days that prohibited conditions are maintained shall constitute
a separate offense.
B.
The
application of the above penalty shall not be held to prevent the
enforced removal of prohibited conditions.
(Ord. 3187 §11, 1966)
