I. Overview

A. The District is responsible for the enforcement of laws and regulations for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion, and from conditions hazardous to life and property in the use or occupancy of buildings, premises and their contents.

B. It is the intent of the District to achieve compliance by traditional means of inspections, notifications, granting of reasonable time to comply and reinspections. The citation shall be used only after all reasonable means to gain compliance have failed or, with proper justification, at the discretion of the Fire Chief.

C. By district policy, only chief officers of the Fire District specifically designated by the Fire Chief and who have received the necessary training required by California Penal Code Section 832, shall have the authority to issue citations.

II. Purpose

A. To gain compliance with state and local codes, ordinances and regulations, when all reasonable efforts have been unsuccessful.

B. A course of action to be taken when a condition exists that causes an immediate threat to life or property.

C. A course of action to be taken in the case of a juvenile that enters the individual into the justice system so that the juvenile receives the necessary counseling, protective care and/or rehabilitation that can be provided to him/her by the State of California.

III. Authority

A. Health and Safety Code section 13872 grants the District the authority for the issuance of citations for violations of District ordinances.

B. Section 830.37 of the California Penal Code stipulates that members regularly employed by a fire department, fire district or fire protection agency whether city, county, district or state are peace officers whose authority extends to any place in the state for the purpose of performing their primary duty.

C. Uniform Fire Code sections 103.2 and 103.4 state that the Chief or his duly authorized representative(s) shall issue orders or notices as may be necessary for the enforcement of the fire prevention laws and ordinances. The Chief and duly authorized representative(s) shall have the powers of a police officer in performing their duties under the Uniform Fire Code.

IV. Penalty

A. Any person, firm, or corporation violating any provisions of any district ordinance or code shall be guilty of a misdemeanor. Except in cases when a definite punishment is prescribed by law of the State of California, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not to exceed six months, or by fine not exceeding $500.00, or by both such imprisonment and fine.

B. Each separate day or any portion thereof, during which any violation of district ordinances or codes occurs or continues, shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as herein provided.

V. Officer's Demeanor

A. The manner in which the officer conducts a relationship with the violator is of paramount importance. It has an effect on the violator's attitude throughout the duration of the citing period and a strong bearing on public opinion concerning this department. A courteous and businesslike demeanor must be displayed, and officers should never enter into an argument.

B. Most violators blame the officer, not themselves. An alert, confident manner and a reasonable attitude may affect the violator, creating a more favorable atmosphere for the issuance of the citation.

VI. Salutation or Introduction

It is very important for officers to adequately introduce themselves, establish their identity and the purpose of their presence to the person in charge of the premises.

VII. Reason to Issue Citation

A. Citations will not normally be issued on the first visit. When routine violations of the applicable fire code are encountered, citations will generally be issued following the third visit or second reinspection. If code compliance has not been obtained on the second visit or the first reinspection, the inspector should mention the possibility of a citation and the need to issue one. In all cases, adequate time shall be provided between inspections. This will vary with the seriousness of the violation and the complexity of the work to be done.

B. Citations may be issued immediately for violations that represent an immediate threat to life or property.

C. In those instances where the time limit for compliance has expired but the violator is making a reasonable effort to comply and no immediate fire or life hazard exists, the decision not to issue a citation can be made by the officer.

VIII. Issuance of Citation

The citation (Notice to Appear) must be signed by the person responsible for the premises. This may be the owner, lessee or manager..

IX. Making the Arrest (Issue Citation)

A citation for a misdemeanor offense is an arrest. The violator's signature is a promise to appear as instructed and the violator is released upon the violator's signing. Refusal to sign would require physical arrest. (See Refusal to Sign Citation) After the officer has made a decision to arrest, the officer should make the arrest by notifying the violator that the violator is arrested, the cause for the arrest and the authority to make the arrest (enabling state or local law).

X. Refusal to Sign Citation

The citation is a release stating that the defendant will appear in court or post bail in lieu of physical arrest. In extreme cases, one may encounter an individual who will refuse to sign the citation. After all reasonable efforts have been pursued and a signature is not obtainable, the officer will summon a police officer or sheriff, explain the situation to such officer, and request assistance.

XI. Accountability

A. Each citation is numbered and tracked. A list of all citations will be maintained in the headquarters fire prevention office.

B. If a mistake is made while a citation is being written, it shall be voided and the office copy given to the fire department citation clerk for filing.

C. Citations shall be kept by the district for not less than three (3) years.

XII. Procedures

A. Routine violations - A written notice shall be issued whenever a code violation is encountered. The notice shall be issued to the persons responsible for the premises or their authorized representative. The time established for reinspection may vary depending on circumstances. Generally, within 15-30 days, one of the following should occur:

1. Compliance with all requirements.

2. Partial compliance with a designated reinspection date.

3. A satisfactory proposal for compliance with an agreed-upon time for completion.

4. A final notice issued with a warning of pending legal action. The amount of time permitted for compliance shall be dependent upon the hazard and danger created by the violation. Excessive time for compliance may weaken the fire department's position in the event legal action is required.

5. When deemed necessary by the enforcing agency, a courtesy pre-citation letter may be issued to warn of a pending citation. Such letters may be sent by certified mail if the violator is not available.

B. Imminent hazards

1. Order the hazard abated. If the hazard is abated as requested, follow with a pre-citation letter advising of a citation procedure for future or similar violations. Citation may be issued if it is a repeat violation.

2. If the hazard is not abated, inspector should take action as necessary to abate the hazard and issue a citation immediately.

C. Transient violations (violations not occurring at a permanent place of business)

1. Violations involving persons who are transient are handled by a citation or by arrest if the violation is committed in the inspector's presence.

2. When a physical arrest is necessary, a local law enforcement officer (sheriff or police) shall be requested for assistance.

XIII. Citation Process

A. Adults being cited (18 years or older) must be able to be reached in the event a bench warrant is issued.

B. Adults cited shall be cited into the local judicial court.

C. Juveniles shall be cited into the juvenile court.

D. Citation books shall be issued by citation number to the assigned officer. The officer is accountable for each citation by number.

E. The citation shall be filled out completely and correctly and all pertinent information entered.

F. When the citation is written and completed, copies will be distributed as follows:

1. Cited person's copy - give to violator.

2. Court copy (original) - attach copies of inspection notices and a summary sheet and deliver to the district attorney.

3. File copy (fire department's copy)-forward to the fire chief's office; a duplicate will be returned to the field office for the occupancy file.

4. The fire department shall keep a citation log entering each citation and final disposition.

XIV. Restrictions.

A. Citations shall be issued only after all responsible means to gain voluntary compliance have been exhausted as supported by documentation.

B. EXCEPTION: Citations issued for violations which present imminent life hazards such as trespassing in a closed area, smoking in closed or restricted areas, failure to obey lawful orders of a fire officer, faulty equipment or procedures, and violations of a similar nature will not require prior justification.

C. Citations shall be issued only by qualified chief officers as designated by the Fire Chief.

XV. Use of Citation

A. Citations shall be used only where a violation of a specific section of the appropriate code or ordinance has occurred.

B. Documentation establishing prior efforts to gain compliance shall be in evidence.

C. EXCEPTION: Citations issued for violations which present imminent life hazards such as trespassing in a closed area, smoking in closed or restricted areas, failure to obey lawful orders of a fire inspector, faulty equipment or procedures, and violations of similar nature will not require prior justification.

D. The issuing officer shall be qualified as required by state law.

E. The offense for which the citation is issued shall be a misdemeanor and not a felony.

F. The date to appear as shown on the citation shall be as set forth by the local municipal court from the date of issuance.

G. Whenever the issuing officer questions the suitability of releasing the violator upon signing the citation on his promise to appear, the assistance of a sheriff or police officer should be requested.

H. All violations shall be indicated on the citation with reference to the appropriate code or regulations, including the specific section number.

I. All violations as shown on the citation shall be explained to the violator prior to his signing.

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