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HomeMy WebLinkAbout07-032 - Resolutions RESOLUTION NO. FD 07-032 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, SETTING AN EXPIRATION DATE FOR CERTAIN FIRE PERMITS A. RECITALS: (i) The Board of Directors of the Rancho Cucamonga Fire Protection District has determined that certain permits issued by the District and by Fire Construction Services on behalf of the District, were issued without a stated expiration date or with language indicating that an issued permit does not expire. The lack of permit expiration dates has resulted in uncertainty as to the duration of such permits, thereby creating a burden on the District with respect to permit administration. (ii) In order to provide certainty as to the duration of the permits referenced above, and minimize further administrative burden to the District, it is necessary to establish a date by which said permits will be deemed to be expired. (iii) On June 20, 2007, the Board of Directors of the Rancho Cucamonga Fire Protection District conducted and concluded a noticed public hearing concerning the proposed permit expiration. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION: NOW, THEREFORE, the Board of Directors of the Rancho Cucamonga Fire Protection District hereby finds and resolves as follows: 1. The facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Permits issued by the District or by Fire Construction Services on behalf of the District ("Permits", collectively hereinafter) prior to July 1, 2006, as described below and having no stated expiration date or containing language indicating that the permit does not expire shall expire as of June 30, 2007: a. Permits issued pursuant to Section 105 of the California Fire Code, as adopted by the District (1994 to present editions); b. Permits issued pursuant to Article 4 of the Uniform Fire Code and/or California Fire Code, as adopted by the District (1979 to 1991 editions). c. Permits issued pursuant to Article 1 Section III of the Uniform Fire Code and/or California Fire Code, as adopted by the District (1976 and previous editions). Resolution No. FD 07-032 Page 2 of 3 3. After June 30, 2007, the Permits issued prior to July 1, 2006, shall be of no further force or effect. Persons or entities conducting activities after June 30, 2007, pursuant to an expired Permit, shall be given written notice of such Permit expiration prior to any such person or entity incurring criminal liability for conducting an activity for which the Permit was required. Thereafter, such person or entity shall obtain a new permit prior to conducting the same activity, if currently required by the District's Fire Code or a District Ordinance. 4. Permits issued after July 1, 2006, pursuant to Section 105 of the California Fire Code, as adopted by the District and having no stated expiration date or containing language indicating that the permit does not expire shall expire one year from the date of issuance. Persons or entities conducting activities after the expiration of the Permit, pursuant to an expired Permit, shall be given written notice of such Permit expiration prior to any such person or entity incurring criminal liability for conducting an activity for which the Permit was required. Thereafter, such person or entity shall obtain a new permit prior to conducting the same activity, if currently required by the District's Fire Code or a District Ordinance. 5. The adoption of this Resolution shall not affect or excuse any violation of any Fire Code or Ordinance adopted by the District, occurring prior to the effective date hereof. 6. The District Secretary shall certify to the adoption of this Resolution. Please see the following page for formal adoption, certification and signatures Resolution No. FD 07-032 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 20th day of June 2007. AYES: Gutierrez, Michael, Spagnolo, Williams NOES: None ABSENT: Kurth ABSTAINED: None Diane Williams, Mayor Pro Tem ATTEST: Debra J. Ad s, Secretary I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 201h day of June, 2007. Executed this 21"day of June 2007 at Rancho Cucamonga, California. Debra J. Ada Secretary