HomeMy WebLinkAboutFD-008 - OrdinancesORDINANCE NO. 8
ORDINANCE OF THE FOOTHILL FIRE PROTECTION
DISTRICT, COUNTY OF SAN BERNARDINO, STATE
OF CALIFORNIA, ESTABLISHING APPEAL PROCEDURES
SECTION 1.
Section 2.302 of the Uniform Fire Code is hereby
amended to read as follows:
In order to determine the suitability of alternate
materials and type of construction and to provide for
reasonable interpretations of the Uniform Fire Code and
Ordinance No. 1 of the Fire District, there shall be
hereby created a Board of Appeals consisting of five
members who are qualified by experience and training
to pass upon pertinent matters. The Fire Chief shall
be an ex-officio member and shall act as Secretary of
the Board. The executive body of the Fire District may
convene as the Board of Appeals if so qualified. The
executive body may appoint qualified individuals to
an alternate Board of Appeals on matters requiring
special knowledge or expertise in a particular
subject area.
In either case the following procedure shall prevail.
SECTION 2.
Section 2.302a is hereby added to the Uniform Fire Code
to read as follows:
2.302.a. Findings of fact shall be made by the Board of
Appeals on all matters upon which it makes a decision
and these findsings of fact together with the conclusions
of said Board shall be forwarded to the executive body,
being the Board of the Foothill Fire Protection District,
within fifteen (15) days after said findings are made.
The findings and conclusions shall be considered to be
recommendations for action to the executive body.
Prior to the time that the Board of the Fire District
makes any decision on the recommendations, the matter of
the decision shall be placed on the hearing calendar and
heard on or before thrity (30) days from the time that
said recommendations are forwarded to the Board. The
Secretary shall set the matter for hearing before the
Board and all parties concerned with the findings and
determination shall be notified of the hearing date.
The Board, upon consideration of the findings and con-
clusions, may either adopt the recommendations of the
Board of Appeals, deny the recommendations or, in the
Ordinance No. 8
page two
~lternative, modify said decision in pursuance to the
evidence that is introduced to the Board at the time
of the hearing.
The Board may admit such evidence as it deems pertinent
to the issues involved, which may include a tape of
the proceedings before the Board of Appeals. The
executive body shall render its decision in any case on or
before sixty (60) days from the time that the matter is
heard before it, and said decision shall be the final
decision of the Foothill Fire Protection District in
respect to the matters considered.
SECTION 3.
This Ordinance shall be signed by the President~
attested to by the Secretary, and published in'~he
Daily Report in pursuance to the requirements of the
California Government Code. This Ordinance shall take
effect and be in force thirty (30) days after its
adoption, as required by law.
SECTION 4.
If any section, subsection, sentence, clause, or phrase
of this Ordinance shall for any reason be invalid, such
holding or holdings shall not affect the validity of the
remaining portions of this Ordinance. The Foothill Fire
Protection District has declared that it would have passed
this Ordinance and each section, subsection, sentence,
clause, or phrase thereof, irrespective of the fact that
any one or more section, subsection, sentence, clause
or phrase thereof be declared invalid.
FOOTHILL FIRE PROTECTION DISTRICT
Joh~ R. Lyon~~, President
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