HomeMy WebLinkAboutMC-1176
Adopted: July 19, 2004
Effective: August 19, 2004
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ORDINANCE NO. MC-1176
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.25 OF
THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE MULTI-FAMILY
3 RENTAL HOUSING FIRE INSPECTION PROGRAM.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 ORDAIN AS FOLLOWS:
6 SECTION 1. Chapter 15.25 of the San Bernardino Municipal Code is hereby amended to read as
7 follows:
8 Chapter 15.25
9 MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION PROGRAM
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Sections:
15.25.010
15.25.020
15.25.030
15.25.040
15.25.050
15.25.080
15.25.090
Purpose.
Definitions.
Scope.
Annnal Inspection Required.
Administrative Citations.
Enforcement-Public Nuisance.
Enforcement-Alternatives.
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15.25.010 Purpose.
The Multi-family Rental Housing Fire Inspection Program is a part ofthe City of San Bernardino's
overall effort to encourage upkeep of multi-family rental housing units. Owners of these types of
structures will be required to maintain these units in accordance with applicable housing, building
and property maintenance standards as adopted by the City. Recent fires in the City have resulted
in property damage, personal injuries, and loss oflife in multi-family rental housing units. California
Health and Safety Code Section 13146.2 (a) requires city fire departments to inspect multi-family
rental housing units annually. (Ord. MC-930, 1-9-95).
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] 5.25.020 Definitions.
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A.
"City" means the City of San Bernardino.
B.
"Occupant" means any person who occupies a unit, whether as an owner or tenant or permittee
of the owner.
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C.
"Multi-family Rental Housing Unit" or "Unit" means any residential dwelling unit, as defined
in Chapter 19.02 ofthe San Bernardino Development Code, in a single structure, or in a group
of attached or detached structures containing two or more such dwelling units on the same
parcel ofland, and is occupied or intended to be occupied on a rental basis. For the purpose
of this Chapter, the following types of dwelling units or facilities are not considered multi-
family rental housing units:
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MC-1176
a) Hotels or motels.
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b)
Accommodations in any hospital, extended care facility, residential care facility,
convalescent home, nonprofit home for the aged, or dormitory that is owned and
operated by an education institution.
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c) Mobile Home Parks.
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D. "Multi-family Rental Housing Complex" means a multi-unit residential structure consisting
of four (4) or more units existing on one (I) parcel ofland.
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E. "Owner" means a single individual or entity that has any kind of ownership interest whether
as an individual, partner, joint venturer, stock owner, or some other capacity.
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F. "Person" means the individual, partnership, corporation or association or the rental agent of
any of the foregoing.
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G. "Fire Marshal" means the division head of the San Bernardino City Fire Department Fire
Prevention Division or hislher designee. (Ord. MC-l027, 9-8-98; Ord. MC-930, 1-9-95)
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15.25.030 Scope.
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The provisions of this Chapter shall apply to all multi-family rental housing complexes containing
four or more units on a single parcel. (Ord. MC-930, 1-9-95)
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15.25.040 Annual Inspection Required.
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A. Pursuant to California Health and Safety Code Section 13146.2, any multi-family rental
housing complex containing four or more units on a single parcel shall be subject to an annual
inspection of the interior and exterior by the Fire Marshal for compliance with applicable
sections of state and local fire codes relating to housing, building and property maintenance.
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B. The Fire Marshal shall mail written notice to the owner(s) of the multi-family rental housing
complex at least three weeks before the scheduled annual inspection. The owner(s) of the
multi-family rental housing complex shall give written notice to all tenants at least one week
before the scheduled annual inspection.
C. The owner(s) of the multi-family rental housing complex shall pay a fee to the City, in an
amount set by Resolution of the Common Council, sufficient to pay the costs of the Fire
Marshal's annual inspection pursuant to this Chapter.
D.
Any owner(s) of a multi-family rental housing complex who fails to permit the annual
inspection by the Fire Marshal pursuant to this Chapter, shall be guilty of an infraction or
misdemeanor punishable in accordance with San Bernardino Municipal Code Chapter 1.12.
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E. Any owner(s) of a multi-family rental housing complex who fails to pay the fee charged for
the costs of the Fire Marshal's annual inspection pursuant to this Chapter, shall be guilty of
an infraction punishable in accordance with San Bernardino Municipal Code Chapter 1.12.
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15.25.050 Administrative Citations
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Where the Fire Marshal's annual inspection pursuant to this Chapter identifies a violation( s) of state
or local fire codes relating to housing, building, or property maintenance, the Fire Marshal may issue
an administrative citation to the property owner(s) in accordance with San Bernardino Municipal
Code Chapter 9.92.
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15.25.080 Enforcement-Public Nuisance.
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It shall be considered a public nuisance to have or maintain any rental property which fails to comply
with state and local laws as they relate to fire codes, housing standards, property maintenance,
building codes or local zoning requirements. The Fire Marshal shall have the power to require
correction of violations identified through the annual inspection by using the procedure set forth in
the California Fire Code Article I and Chapter 8.30 of the San Bernardino Municipal Code. (Ord.
MC-930, 1-9-95).
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15.25.090 Enforcement-Alternatives.
14 A. Nothing herein shall prevent the enforcement of this Chapter by criminal, civil or
administrative actions either undertaken individually or in conjunction with other remedies.
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B. The enforcement ofthis Chapter by a criminal, civil or administrative action shall not relieve
the property owner of his or her obligations under this Chapter. (Ord. MC-930, 1-9-95).
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MC-1176
I
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 15.25 OF
THE SAN BERNARDINO MUNICIPAL CODE TO INCLUDE THE MULTI-FAMILY
RENTAL HOUSING FIRE INSPECTION PROGRAM.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
joint
Common Council of the City of San Bernardino at a regular meeting thereof, held on the 19th
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day of
July
, 2004, by the following vote, to wit:
The foregoing Ordinance is hereby approved this ~2ndday of July , 2004.
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~:;E~~/?
Esther Estrada, Mayor Pro Tem
City of San Bernardino
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Approved as to form
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and legal content:
25 JAMES F. PENMAN, City Attorney
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