FIRE HYDRANT INSTALLATION AND MAIN REPLACEMENT FUND

Los Angeles Administrative Code div. 5, ch. 5, art. 16

in effect

Los Angeles Administrative Code § 5.114 Creation and Administration of Fire Hydrant Installation and Main Replacement Fund.

Sec. 5.114. Creation and Administration of Fire Hydrant Installation and Main Replacement Fund. (a) There is hereby created within the Treasury of the City of Los Angeles a special fund known as the “Fire Hydrant Installation and Main Replacement Fund” hereafter referred to as the “Fund” to be administered by the Fire Department. (b) Definitions. The following words and phrases whenever used in this section shall mean: (1) Chief Engineer: The Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative. (2) Fire Protection Improvements: The installation or upgrading of public fire hydrants and/or the upgrading, improving and/or replacing of existing public water mains and facilities. (3) Fire Hydrant Fee: The fee calculated by and paid to the Department of Building and Safety pursuant to Los Angeles Municipal Code Section 91.107.4.4. (c) The Fund shall be used for the deposit of money collected as a Fire Hydrant Fee and any other money appropriated or given to such Fund for use in the installation of fire protection improvements. Forty dollars from each Fire Hydrant Fee collected shall be used for administrative expenses and deposited in the General Fund. Of this amount, five dollars shall be credited to the Department receipts of the Department of Building and Safety and thirty-five dollars shall be credited to the Department receipts of the Fire Department. (d) All interest or other earnings from money received into the Fund shall be credited to the Fund and devoted to the purposes set forth herein. (e) The monies from the Fund shall only be expended for fire protection improvements installed by the Department of Water and Power or other authorized water purveyor as requested by the Fire Department consistent with the Safety Plan and Fire Protection and Prevention Plan Elements of the General Plan. (f) Monies from the Fund shall be expended to pay applicable costs for work done in conformance with the provisions of Subsection (e) of this section when such work is determined to be necessary by the Chief Engineer. Provided however: (1) If a refund is granted for the building permit on which the Fire Hydrant Fee was paid, monies from the Fund may be used for a refund of the Fire Hydrant Fee. (2) Monies from the Fund shall not be used to pay the costs of any such work which, for any reason, was not performed by the Department of Water and Power or other authorized water purveyor, or pursuant to a contract awarded in conformance with the competitive bid requirements of the City. (3) Monies from the fund shall not be used to pay the costs of such work required for the projects of any governmental agency or any other project which is exempt from the Building Code of the City of Los Angeles. (4) The relocation of fire hydrants due to street improvements is not to be paid from the Fund. (g) Notice of Exemption from the Fire Hydrant Fee. (1) The Chief Engineer shall have the authority to issue a notice of exemption from the Fire Hydrant Fee. Such notice of exemption shall only be issued under the following circumstances: (a) The owner, builder, or developer of the subject property has established to the satisfaction of the Chief Engineer that the installation of fire protection improvements have been completed; (b) The Department of Water and Power or other authorized water purveyor certifies that it did not perform the work and has accepted the completed fire protection improvements; and (c) The Chief Engineer has determined that the installation of the fire protection improvements were necessary to comply with the requirements of the Safety Plan and Fire Protection and Prevention Plan Elements of the General Plan. (2) The Chief Engineer shall make such rules and regulations as may be necessary to carry out the provisions of this subsection. (3) The period of exemption shall commence upon the completion of the installation of the fire protection improvements as determined by the Department of Water and Power or other authorized water purveyor and extend for a period not to exceed ten years. (h) No expenditure may be made from the Fund without the prior approval of the Chief Engineer. SECTION HISTORY Added by Ord. No. 160,087, Eff. 8-9-85. Amended by: Section number from 5.111.14 to 5.114, Ord. No. 160,659, Eff. 2-17-85; Subsecs, (b), (c), (d), (e), Subsecs. (f), (g), (h) Added, Ord. No. 164,127, Eff. 11-21-88; Subsec. (b)(3), Ord. No. 170,446, Eff. 5-6-95; Subsec. (b)(3), Ord. No. 180,619, Eff. 5-12-09.

Los Angeles Administrative Code § 5.114.1 Refund of Fire Hydrant Fees.

Sec. 5.114.1. Refund of Fire Hydrant Fees. (a) Notwithstanding Los Angeles Municipal Code Sections 22.12 and 22.13, any money collected or received by the City is accordance with Section 91.107.4.4 of the Los Angeles Municipal Code may be refunded as herein provided and as provided by Section 5.114(d) of this Code. The refund shall only be made if the claimant files a verified claim in writing with the City Clerk, accompanied by the original receipt or certificate for the fees collected. If the receipt or certificate cannot be located, however, a refund shall only be made if an affidavit is filed with the claim which satisfactorily explains why the original document cannot be located. A refund may be made by the Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative pursuant to this section only if the claim for a refund of the Fire Hydrant Fee is filed with the City Clerk within 12 months from the date of expiration of the building permit or within 12 months of the date of any extensions granted pursuant to the provisions of Section 98.0602(a) of the Los Angeles Municipal Code. If a permit valuation is lowered by the Department of Building and Safety, the refund shall be the difference between the fee that was paid based on the previously calculated higher valuation and the fee that should be paid based on the new lowered valuation. (b) The following words and phrases shall be construed as defined in this section: (1) Fire protection improvements: The installation or upgrading of public fire hydrants and/or the up-grading, improving and/or replacing of existing public water mains and facilities. (2) Fire Hydrant Fee: The fee calculated by and paid to the Department of Building and Safety pursuant to Los Angeles Municipal Code Section 91.107.4.4. (3) Project: The construction of any building or structure, or the addition to, alteration, repair or change of use of any land, building or structure. (c) The right to any refund under this section is payable only to the record owner of the property when the Fire Hydrant fee was paid. However, that person may transfer the right to a refund by a written acknowledged assignment, which must accompany the claim for refund filed with the City Clerk. (d) Any claim for refund received pursuant to this section shall be referred by the City Clerk to the Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative for investigation and action thereon. (e) The Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative shall make such rules and regulations as may be necessary to carry out the provisions of this section. Such rules and regulations shall be approved by the City Council by resolution prior to becoming effective. (f) If a refund due under this section does not exceed the sum of $15,000.00, then the Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative is hereby authorized to make such refund in accordance with the procedures described herein without the necessity of first receiving the approval of the City Council and cause a demand to be drawn on the fire hydrant fund in which the fees being refunded have been deposited. (g) The Chief Engineer of the Fire Department or the Chief Engineer’s duly authorized representative shall determine the amount of the refund. The applicant shall be entitled to a refund equal to the amount paid to the Department of Water and Power or the Fire Hydrant Fee paid to the Department of Building and Safety, whichever is less. (h) The provisions of this section shall not relieve any person from compliance with the provisions of Section 350 of the Charter relating to the presentation of claims prior to the bringing of a suit or action thereon, or be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the general law of this State for any remedy provided by that law. SECTION HISTORY Added by Ord. No. 161,599, Eff. 9-25-86. Amended by: Subsec. (b)(1), Ord. No. 164,127, Eff. 11-21-88; Subsec. (a)(1), (2) and (3) Repealed, Ord. No. 166,932, Eff. 6-10-91; Subsecs. (a) and (b)(2), Ord. No. 170,446, Eff. 5-6-95; Ord. No. 173,305, Eff. 6-30-00, Oper. 7-1-00; Subsecs. (a) and (b)(2), Ord. No. 180,619, Eff. 5-12-09.

Source: City of Los Angeles, Charter and Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/los_angeles/latest/laac/0-0-0-21040Fetched: 10/24/2026