Fire Prevention Appeal Form
Publish Date: Dec, 13 2019
How to Appeal:
Complete and submit this form, along with all required filing fees, to the Fire Prevention Bureau. The Deadline to Respond shall be fourteen (14) calendar days from the date of the letter accompanying this form except in cases where the Fire Department has determined there is an imminent hazard to building occupants and/or an unsafe building, in which case the deadline to request an appeal is seven (7) days.
Fire Code Appeal
If you are filing an appeal after the deadline to respond, explain why your appeal is past the deadline and why it should still be considered. Failure to adequately explain untimely filing may result in the appeal being summarily dismissed without a hearing.
A hearing will be scheduled with an Independent Hearing Officer (Hearing Officer). If the Hearing Officer rules in your favor and grants your appeal, you will not be charged for the appeal filing fee, hearing officer costs, or any other fees paid from the inspection process being appealed. If the Hearing Officer denies your appeal, you must abate the violations and pay all administrative costs for the hearing as follows:
Conduct Appeals Hearing = $150.00 an hour (Actual Cost of Hearing Officer)
Notice of the date, time, and place of hearing will be sent to the appellant and/or the property owner by mail at least seven (7) calendar days prior to the hearing. At the hearing, you may present evidence and testimony to support your appeal.
Decisions of the Hearing Officer may be appealed to an Appeals Board within fourteen (14) calendar days by following the procedures set forth in Oakland Municipal Code 15.04.125G. Instructions on how to file an appeal to the Appeals Board will be included with the Hearing Officer’s decision. Appeals not filed in a timely manner will be rejected.
Please respond to the following:
- A brief statement setting forth the legal interest of the party or parties in the real property identified in the order, decision or determination made by the Fire Code Official;
- A brief statement in ordinary and concise language of that (those) specific order(s), decision(s) or determination(s) appealed;
- A brief statement in ordinary and concise language, together with any material facts to support that contention that the intent of this code or the rules legally adopted here under have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed;
- The signature of the property owner, and his or her mailing address; and
- A declaration made under penalty of perjury, of at least one person requesting a hearing as to the truth of the matters stated in the request for administrative hearing appeal.