(a) No person shall serve as a Municipal Fire Safety Inspector unless he or she has received a certificate issued under former Section 3303.07 of the Ohio Revised Code or present Section 4765.55 of the Ohio Revised Code, evidencing his or her satisfactory completion of a Fire Safety Inspector Training Program.
Unless entry is refused by an owner or his agent, upon presentation of proper credentials,
the Inspector may, at all reasonable times, enter any dwelling structure, commercial structure or any other building or property in the City to perform any duty imposed upon them by the Codified Ordinances. When a property owner denies the Inspector entry onto his property for the purposes of making an inspection, they may apply for and obtain a search warrant in order to gain access to such property. Nothing contained in this section shall limit the right of immediate entry by the inspector onto any property in the City when he or she determines that an emergency exists.
(b) The Municipal Fire Safety Inspector, upon examination or inspection, finds a building or other structure is especially liable to fire or endangers life or other property including any condition set forth in the Ohio Fire Code or in any provision of Ohio R.C. Chapter 3737, such officer shall issue a citation and order such building or structure be repaired, torn down, demolished or materials removed, and all dangerous conditions remedied. In cases of emergency or imminent danger to persons or property, the Inspector may issue a verbal order for immediate vacation of the building or premises.
(c) The Municipal Fire Safety Inspector, upon reasonable belief and after inspection or investigation, shall with reasonable promptness issue a citation to the responsible person for a violation of the Ohio Fire Code or any order issued by the Ohio Fire Marshal or any Municipal Fire Safety Inspector. The citation shall fix a reasonable time for abatement of the violation and a copy shall be furnished to the Ohio Fire Marshal. Each citation issued under this subsection shall be prominently posted by the responsible person, as prescribed by the Ohio Fire Code, at or near each place a violation referred to in the citation occurs. For purposes of this chapter, “responsible person” shall include, but not necessarily be limited to, an owner of the real property in question; a tenant in occupancy under or oral or written lease; lessee; agent; operator or any other person or entity that has a right of control over the interior and exterior of the building, structure or vehicle involved. Responsible persons can include individuals, heirs, executors, administrators or assigns, business associations, partnerships or corporations, its or their successors or assigns or the agent of any of the aforesaid.
(d) Enforcement may be by any procedure established in said Chapter 3737, by means of filing a criminal complaint or citation, or both. For criminal proceedings, the complaint or citation shall be as prescribed by the Ohio Rules of Criminal Procedure, and shall reference the numerical designation of the applicable Municipal Ordinance, the specific provision of the Ohio Fire Code, and/or the applicable violation of Ohio R.C. Chapter 3737.
(e) Upon request of the Fire Chief, or Municipal Fire Safety Inspector, the Ashtabula City Solicitor shall institute and prosecute any necessary action or proceeding to enforce this chapter or Ohio R.C. Chapter 3737.
(Ord. 2023-91. Passed 6-20-23.)