LOS GATOS -- Santa Clara County Fire Chief Ben Lopes responded today to three citations issued to the fire department on Thursday in connection with the February death of a firefighter who was electrocuted by a downed power line.

The citations, carrying a proposed penalty of $44,000, were issued by the California Division of Occupational Safety and Health (Cal/OSHA). They allege that the fire department did not institute proper practices in minimizing the risk of the live wire to firefighters.

In a written statement, Lopes expressed that department officials were surprised with the citations after Cal/OSHA representatives had reportedly told the department that it would not be cited. The fire department has until Aug. 15 to appeal the citations.

"Our department will review the citations in the next few days to determine our next steps with OSHA," Lopes said. "As a department we remain committed to improving emergency scene operations to assure we never suffer a similar tragedy."

The citations centered around the Feb. 13 death of Capt. Mark McCormack, 36, who died at the scene of a four-alarm fire at a hillside home in Los Gatos.

The searing heat from the early morning fire apparently melted a power line stretching over the home's roof. It came to rest in a pine tree, dangling just two feet off the ground that was saturated with water from recent rainfall and fire hoses.

According to fire officials, McCormack was directing other firefighters away from the live wire just before he was electrocuted. It was the first on-duty fatality in the history of the 58-year-old department.

According to Cal/OSHA, the fire department failed to set up "enclosures, fences, partitions or other effective methods to prevent accidental contact with downed 12,000-volt energized power lines."

The department is also alleged to have failed to prevent firefighters from working around the live wire, as they should have been safeguarded from the line until it was clear.

A third citation alleges that the department failed to maintain an effective injury and illness prevention program in accordance with state standards.

Cal/OSHA claims that the department's failure to implement updated written procedures for dealing with downed power lines resulted in the death.

However, Lopes maintained that the department has instituted numerous safety initiatives and better firefighter awareness at emergency scenes since the fatal accident. He added that the department was one of hundreds nationwide to participate in a July "safety-stand down" emphasizing firefighter safety.

"No firefighter death is acceptable," Lopes said. "Everyday our firefighters work in dangerous environments, but we must provide the best equipment, training and practices to assure every firefighter returns home safely."

On Thursday, a Cal/OSHA spokesman revealed that an investigation showed there were actually two ends of the live wire exposed. One end was marked by yellow caution tape while the other apparently was not.

McCormack is believed to have come into contact with the unmarked end.

The fallen McCormack was remembered as a hero by fellow firefighters, who flocked to an emotional memorial service held at the HP Pavilion and a parade through the streets of San Jose.

There was not only controversy surrounding his death but also in the fire.

According to fire officials, portions of the ramshackle home involved in the fire had previously been deemed a fire hazard.

It was revealed that the cause of the fire that claimed McCormack's life was due to an unattended incense stick left burning in a prayer room deemed uninhabitable by county building inspectors.

The room was red-tagged following a November 2003 fire caused by an unattended candle in the same area of the home.

Despite the fact that the owners of the home knew of the apparently dangerous conditions, they were not criminally charged in the death.