Fire code
amendments
include appeals board
By Joe Naiman
The Alpine Sun
Amendments to the county building and fire codes, which were
initially approved by the San Diego County Board of Supervisors
include a change in the composition of the Regional Fire Appeals
Board and clarifications that the county's Planning Commission
and the Board of Supervisors have the final decision-making
authority on a proposed development's fire mitigation plan.
An introduction and first reading of the ordinance
amendments passed the Board of Supervisors on a 5-0 vote Aug. 5.
The second reading and adoption is scheduled for Sept. 16, and
the new ordinance language would take effect Oct. 16.
One of the actions of the amendments updates the County
Consolidated Fire Code. A county or incorporated city can adopt
building code or fire code standards stricter than the state
standards if findings are made that local climatic, geographic,
or topographic conditions warrant such additional restrictions.
A local fire district can adopt an ordinance more
stringent than the county or city fire code provided that
findings of local conditions are made. In order to make
processing of development permits easier for both developers and
county staff, in 2001 the county adopted a Consolidated Fire
Code that incorporated the fire codes of each of the independent
fire protection districts.
The Consolidated Fire Code was last updated in 2007,
and county Department of Planning and Land Use (DPLU) staff
worked with the fire districts for the updates that were
incorporated into the 2009 Consolidated Fire Code.
The 2009 Consolidated Fire Code also clarifies the
appeals process; the fire district's fire chief or fire marshal
will have the authority to make a final decision unless the
county or an applicant appeals that decision.
The Regional Fire Appeals Board currently consists of
two appointees from the Building Industry Association, two
appointees from the San Diego County Fire Districts Association,
and one appointee from DPLU. The change will create a board with
two representatives from the fire district where the appeal is
being filed, one fire marshal from the unincorporated area of
the county, one representative from the San Diego County Fire
Districts Association, and one operational chief officer from
the California Department of Forestry and Fire Protection.
The appeals board will make factual findings and issue
a written recommendation to the county whether the district fire
official's determination should be upheld, modified, or
overturned. The county building official, in the case of a
building permit, and the Planning Commission and Board of
Supervisors for discretionary permits, are instructed to
consider the appeals board recommendation when making a final
determination. If the appeal involves a regulation that does not
require a permit from the county (such as storage of firewood,
location of directional signs, or vehicles blocking access
roads), the appeal will be considered by the local fire district
board and the county will not be involved.
The current county practice of referring development
projects to the appropriate fire protection agencies, as well as
to the Sheriff's Department, will not be changed. The fire
agencies and Sheriff's Department recommend conditions, but the
county is not obliged to include those conditions. If the fire
protection agency and DPLU staff do not concur on conditions,
the Planning Commission hearing and a possible appeal to the
Board of Supervisors will determine the final conditions.
"Land use authority has always resided with the Board
of Supervisors," said DPLU deputy director Jeff Murphy. "The
code change only clarifies that long-standing understanding."
While the Planning Commission can approve a tentative
map for a subdivision, a final map must be approved by the Board
of Supervisors before it can be recorded.
The Planning Commission can also recommend zoning
classification changes, general plan amendments, or specific
plan amendments, but the supervisors must approve any rezone,
general plan amendment, or specific plan amendment.
The referral to the fire protection agency also
involves a request for a service letter indicating that the fire
agency can provide service to the new development. In the case
of a negative service letter, DPLU staff must recommend denial
of the project, although the Planning Commission and Board of
Supervisors are not bound by that recommendation.
The county's final decision-making authority on
conditions does not enable it to override ordinances passed by a
fire protection district or other public agency.
“It is critically important that these new projects go
to the independent fire district," said Wes Peltzer of San
Marcos. "Those people have the most knowledge," Peltzer said of
fire district staff. "They're the first responder to a fire."
Bob Earl, who owns property in unincorporated San Diego
County, opposed the change in the composition of the Regional
Fire Appeals Board. "Before you is a proposal by DPLU to take
away any chance we have for a fair hearing," he said.
Earl proposed that projects currently awaiting review
proceed under the current rules.
Murphy noted that the new composition of the Regional
Fire Appeals Board would create a board of technical experts.
"The issue of fire code compliance we feel is a matter of public
safety," he said.
The amendments to the public facilities element also
include two changes to the law enforcement chapter. One of those
allows for "similar means" as an alternative to a development
impact fee if the increased development would warrant expansion
of Sheriff's Department facilities, while the other specifies
that other means may include direct payments for services,
construction of facilities, or other contributions acceptable to
the county.
The changes are intended to provide flexibility to
ensure that services are adequate for new development projects.
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