HomeMy WebLinkAbout401.009 - Cost Recovery ProgramEffective Date: March 2016 Darla Scott, Supervising Fire Inspector
Current Revision Date: 6/10/2025 Section 401.009
Next Revision Date: 6/10/2028 Page 1 of 3
Fresno City Fire Department
400 Prevention Manual
SECTION 401.009 COST RECOVERY PROGRAM
PURPOSE
This policy clarifies the Fresno Fire Department’s (FFD or Department) requirements
for a cost recovery incident.
APPLICATION
This policy applies when a person or firm causes a fire, hazardous materials release,
and/or or other incident identified in the Fresno Municipal Code (FMC) to occur
causing Department resources to be used to mitigate the incident. It has been
established to provide direction for pursuing cost recovery for incidents and the
preparation of supporting documents; to include, but not limited to, the issuance of
demand letters and invoices.
OPERATIONAL POLICY
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OPERATIONAL GUIDELINE
Background
The FMC identifies when the Fire Chief (or designee) may seek recovery of any direct
or indirect costs for a variety of services performed. The consumption of Department
resources and services is a serious issue, impacting Department staffing levels and
fire station placement. Cost recovery is an integral part in the Department’s overall
strategy to reduce the impacts of unwanted fires and, where necessary, have those
responsible pay for consumption of limited resources.
Requirements
When a person or firm causes a fire, hazardous materials release, and/or other
incident identified in the FMC, the responsible party is liable for the fire department
response needed to maintain a safe environment.
Effective Date: March 2016 Darla Scott, Supervising Fire Inspector
Current Revision Date: 6/10/2025 Section 401.009
Next Revision Date: 6/10/2028 Page 2 of 3
As noted in FMC Chapter 10, Article 5, Section 112.5:
112.5 Cost Recovery. The fire code official (or designee) is authorized
to recover any direct or indirect costs for fire prevention, fire suppression,
hazardous material incident response, and protection of the public from fire and
life safety hazards.
112.5.1. Fire prevention cost recovery. Any person who fails to, or
refuses to, correct, within the time allotted for correction, any fire hazard
prohibited by code, regulation or law, for which a public agency has issued a
notice of violation or correction respecting the hazard, or failure to comply with
a written notice of violation is liable for the fire prevention costs, and any other
costs, incurred in furtherance of the abatement of the fire hazard, and those
costs should be a charge against that person.
112.5.2. Fire suppression cost recovery. Any person who causes a fire,
sets a fire, allows a fire to be set, or allows a fire kindled or attended by him or
her to escape onto any public or private property, is liable for the fire
suppression costs, rescue or emergency medical services costs, and any other
costs incurred as a result of fighting the fire.
112.5.3. Hazardous materials release cost recovery. Any person who
releases a hazardous material, allows a hazardous material to be released,
causes, or allows a hazardous material attended by him or her to escape onto
any public or private property, is liable for the hazardous material incident
response, rescue or emergency medical services costs, and any other costs
incurred as a result of responding to the hazardous material release.
112.5.4. Protection of the public cost recovery. Any person who creates
a fire or life safety hazard to the public, allows a fire or life safety hazard to the
public, causes, or allows a fire or life safety hazard to the public to escape onto
any public or private property, is liable for the fire or life safety hazard incident
response, rescue or emergency medical services costs, and any other costs
incurred as a result of responding to the fire or life safety hazard to the public.
112.5.5. Action and administration. Cost recovery actions and
administration pursuant to this section should be as set forth in Fresno
Municipal Code, Chapter 1, Article 5, and the Master Fee Schedule.
112.5.6. Hearings. Cost recovery hearings should be conducted as set
forth in Fresno Municipal Code, Chapter 1, Article 4.
112.5.7. Other laws. The provisions of this section should not be
deemed to nullify or prevent the application, either cumulatively, concurrently,
or separately, of the provisions of the California Health and Safety Code or any
other law related to liability, civil, criminal or administrative action.
Effective Date: March 2016 Darla Scott, Supervising Fire Inspector
Current Revision Date: 6/10/2025 Section 401.009
Next Revision Date: 6/10/2028 Page 3 of 3
As noted in FMC Chapter 10, Article 5, Section 112.4:
112.4 Violation Penalties. Persons who should violate a provision of this
code or should fail to comply with any of the requirements thereof or who should
erect, install, alter, repair, or do work in violation of the approved construction
documents or directive of the fire code official, or of a permit or certificate issued
or used under provisions of this code should be guilty of a misdemeanor. Upon
failure to comply with a written notice of violation, the fire code official is
authorized to impose penalties and, or seek legal action in accordance with
Fresno Municipal Code, Chapter 1, Article 3. Each day that a violation
continues should be deemed a separate offense.
112.4.1. Abatement of Violation. In addition to the imposition of the
penalties herein described, the fire code official is authorized to institute
appropriate action to prevent unlawful construction or to restrain, correct or
abate a violation; or to prevent illegal occupancy of a structure or premises; or
to stop an illegal act, conduct of business or occupancy of a structure on or
about any premises. Such action is subject to the cost recovery provisions of
Section 110.5.
PROCESS
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INFORMATION
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DEFINITIONS
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CROSS-REFERENCES
Fresno Municipal Code
Master Fee Schedule