Inspections
Inspections are site visits to check on the accuracy of the Risk Management Plan (RMP) data and on the implementation of all CalARP Program elements.  During inspections, the CUPA reviews the documentation for program elements, such as the process hazard analysis reports, operating procedures, maintenance schedules, process safety information and training.  The inspection involves both off-site and on-site activities.  Off-site activities might include determining that the regulations apply to the facility, that the facility placed itself in the correct RMP level, and that the facility submitted a complete and correct RMP.  Cal ARP Program inspections always involve on-site verification activities that might include verification of documentation; interviews with facility managers, employees, and employee representatives; as well as observations of ongoing process operations or maintenance activities.

Each facility needs to be inspected at least once every three years to determine whether it is in compliance with the CalARP Program regulations. Following an inspection, a facility may be required to update procedures, re-train workers in those new procedures, and submit a revised RMP.  Inspections may also result in a variety of enforcement actions and penalties.
 
Enforcement
The owner or operator of a facility who violates the statutes or regulations established for the CalARP Program may be subject to enforcement pursuant to the provisions in Article 2 of Chapter 6.95 of the Health and Safety Code: informal and formal.
 
Summary LAFD Enforcement Actions:
Notice of Violation issued when violation is observed.
  • After 30 days, re-inspection is conducted. Legal action is prepared (photos, contact person, date, and time).
  • Request for legal action packet for legal action against business.
  • Los Angeles City Attorney's Office conducts hearing.
  • Appeal to Fire Commission.
  • Sent to Los Angeles City Council for decision on appeal.

Enforcement Philosophy
Enforcement activities are an integral part of the CalARP Program.  Compliance with public safety and environmental regulations is the ultimate goal of enforcement.

It is the policy of the LAFD CUPA to implement its enforcement actions to accomplish the following goals:
  • Return violators to compliance in a timely manner.
  • Penalize violators, as appropriate, and to deprive violators of any significant benefit gained from violations.
  • Treat similar facility owners and operators equally and consistently with regard to the same types of violations.
  • Initiate and conclude enforcement activities in a timely manner.
  • Promote compliance with statutes and regulations.
  • Prevent any businesses from having an unfair business advantage through non-compliance.
  • Educate the business community.
  • Deter violators of hazardous material/waste rules and regulations.
  • Informal enforcement is an action other than a formal enforcement action that notifies the regulated business of its non-compliance and establishes a date by which that non-compliance is to be corrected. Examples include a letter or notice of violation. Informal actions do not impose sanctions.
  • Formal enforcement is an action which mandates compliance and initiates a civil, criminal, or administrative process which results in an enforceable agreement or order.  Enforceable means the instrument creates an independent, affirmative obligation to comply and imposes sanctions for the prior failure to comply.  Sanctions include fines and penalties as well as other tangible obligations, beyond returning to compliance, that are imposed upon the regulated business.  Examples include administrative orders and civil and criminal referrals to the appropriate prosecutor.
  • Administrative enforcement allows Los Angeles Fire Department (LAFD) to pursue an action independent of an outside prosecutorial agency and to determine an appropriate penalty based on the circumstances of the violation.  Administrative enforcement has the following advantages:
    • Provides sufficient enforcement response for cases requiring formal action but are not appropriate for referral to an outside prosecutor;
    • Generally produces a faster response than criminal and civil enforcement;
    • Preserves LAFD control over the process;
    • Has less formal rules of evidence as compared to criminal or civil enforcement; and
    • This may be the only formal enforcement process available when other prosecutorial resources are limited.
    • LAFD has pending request to City Council that gives the Department authority for Administrative Enforcement Order (AEO).
 

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