(STAIRWAY IDENTIFICATION)
2001 EDITION, CALIFORNIA CODE OF REGULATIONS, TITLE 19, PUBLIC SAFETY AND
CALIFORNIA CODE OF REGULATIONS, TITLE 24 (CALIFORNIA REFERENCED CODE) 2001
EDITION, UNLESS INCONSISTENT WITH APPLICABLE LAW, INCLUDING THE 1999 UNIFORM
BUILDING CODES AND RELATED UNIFORM CODES AS PROVIDED IN THE COMPACT.
IN
ADDITION, THE TRIBE SHALL GIVE GOOD FAITH CONSIDERATION TO VOLUNTARY ADOPTION OF
SUCH REASONABLE, AND ECONOMICALLY FEASIBLE, COUNTY AMENDMENTS OR SUPPLEMENTS TO
SAID CODES AS COUNTY MAY REASONABLY PROPOSE.
NOTWITHSTANDING THE FOREGOING, THE
TRIBE NEED NOT GIVE GOOD-FAITH CONSIDERATION TO ANY COUNTY STANDARD THAT SOLELY
APPLIES, IN NAME OR FACT, TO TRIBAL FACILITIES OR TO DEVELOPMENT ON TRIBAL
LAND.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO GRANT TO THE COUNTY, OR TO
LIMIT THE TRIBE'S, AUTHORITY OR JURISDICTION WITH RESPECT TO SUCH CODES OR ANY
MATTER RELATED DIRECTLY OR INDIRECTLY THERETO.
10.4.2
THE PARTIES ACKNOWLEDGE THAT RECENT COURT DECISIONS HAVE
CONFIRMED THAT THE COUNTY DOES NOT HAVE FIRE CODE ENFORCEMENT AUTHORITY ON THE
RESERVATION OR BIA 93 UNDER PUBLIC LAW 280, OR ANY OTHER APPLICABLE LAW, AND
NOTHING IN THIS AGREEMENT, INCLUDING THE FIRE PROTOCOL, IS INTENDED TO OR MAY BE
INTERPRETED AS EFFECTING ANY CHANGE IN THIS AREA.
NONETHELESS, AS PART OF
GOVERNMENT-TO-GOVERNMENT CONSULTATIONS, AND SUBJECT TO THE BACKGROUND CHECKING
AND PROTECTION OF DOCUMENTS AND PROPRIETARY INFORMATION REGARDING SECURE AREAS
OF ANY GAMING FACILITY SET FORTH IN THE FIRE PROTOCOL OR ABOVE, THE COUNTY SHALL
BE PERMITTED BY THE TRIBE TO INSPECT AND REVIEW TRIBAL COMMERCIAL DEVELOPMENT
PROJECTS AND REVIEW PLANS CONSISTENT WITH AND PURSUANT TO THE TERMS SPECIFIED IN
THIS AGREEMENT, INCLUDING THE FIRE PROTOCOL, PROVIDED THAT COUNTY INSPECTION OR
REVIEW OF RESIDENTIAL TRIBAL COMMERCIAL DEVELOPMENT PROJECTS SHALL NOT TAKE
PLACE FOLLOWING OCCUPANCY.
10.4.3
PRIOR TO THE OCCUPANCY OF ANY BUILDING OF THE RESORT PROJECT OR
ANY FUTURE PROPOSED TRIBAL COMMERCIAL DEVELOPMENT PROJECT, THE TRIBE SHALL
PROVIDE TO THE COUNTY A CERTIFICATE ISSUED BY A QUALIFIED TRIBAL BUILDING
OFFICIAL ATTESTING THAT THE SUBJECT IMPROVEMENTS COMPLY WITH THE APPLICABLE
CODES.
THE TRIBE WILL CONSIDER, ON A VOLUNTARY BUT NOT JURISDICTIONAL BASIS,
REASONABLE AND FEASIBLE SUGGESTIONS, AS DETERMINED BY THE TRIBE IN ITS SOLE
DISCRETION, MADE BY COUNTY FIRE PERSONNEL INTENDED TO INCREASE FIRE SAFETY AT
AND AROUND TRIBAL COMMERCIAL DEVELOPMENT PROJECTS.
HOWEVER, PURSUANT TO
APPLICABLE LAW, THE COMPACT AND RECENT COURT DECISIONS, THE COUNTY DOES NOT HAVE
JURISDICTION OR AUTHORITY OVER THE DESIGN, DEVELOPMENT AND/OR CONSTRUCTION OF
IMPROVEMENTS ON TRUST LAND OR TO MAKE CODE DETERMINATIONS OR UNDERTAKE
ENFORCEMENT ACTIONS OF ANY POTENTIAL CODE VIOLATION RELATED TO SUCH
IMPROVEMENTS.
10.4.4
THE ACTIVITIES AND THE TERMS OF THIS SECTION 10 AND THE FIRE
PROTOCOL ARE SUBJECT TO THE MEET AND CONFER PROCESS SET FORTH IN SECTION 20.1 OF
THIS AGREEMENT BUT ARE NOT SUBJECT TO BINDING ARBITRATION, EXCEPT FOR, (1) AN
ALLEGED FAILURE BY THE TRIBE TO PERMIT THE
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INSPECTIONS OF FACILITIES OR REVIEW OF TRIBAL BUILDING PLANS IN ACCORDANCE WITH
THIS AGREEMENT AND THE FIRE PROTOCOL, (2) A DISAGREEMENT BETWEEN THE TRIBE AND
COUNTY REGARDING WHETHER A CONSULTANT HAS A CONFLICT