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Pursuant to Ohio R.C. 731.231, there is hereby adopted by the Municipality the Ohio Fire Code (OFC), the 2007 edition, as adopted by the Ohio Department of Commerce, Division of State Fire Marshal, and as published in Division 1301:7 of the Ohio Administrative Code (OAC). The City hereby adopts all subsequent editions to the Code as they are from time to time published.
(Ord. 53-08. Passed 5-12-08; Ord. 166-08. Passed 12-8-08.)
The purpose of the Ohio Fire Code, as adopted in Section 1610.01, is to prescribe minimum standards and regulations governing conditions hazardous to life and property from fire or explosion.
(Ord. 166-08. Passed 12-8-08.)
The Ohio Fire Code, as adopted in Section 1610.01, applies to the use of all lands and properties within the Municipality and such other lands or properties owned by the Municipality which are situated outside the corporate limits thereof.
(Ord. 166-08. Passed 12-8-08.)
(a) No person shall serve as a Fire Safety Inspector for any fire agency unless he or she has received a certificate issued under former Section 3303.07 or Section 4765.55 evidencing his or her satisfactory completion of a fire safety inspection training program.
(b) The Fire Safety Inspector, upon examination or inspection, shall issue citations when he or she finds conditions as specified in Ohio R.C. 3737.41 which are especially dangerous to the safety of persons, buildings, premises or property, and shall make any necessary remedial orders in connection therewith. Citation enforcement may be by use of the procedures established by Ohio R.C. 3737.42 for hearing on the citation or Ohio R.C. 3737.44 for injunctive relief or a temporary restraining order and oral order for vacation of the building or premises.
(c) The 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 Chapter 1610 of the Codified Ordinances of the City of Avon or any order issued by the Ohio Fire Marshal or any Fire Safety Inspector. The citation shall fix a reasonable time for abatement of the violation. Each citation issued under this subsection shall be prominently posted by the responsible person, as prescribed by the Ohio Fire Code or Chapter 1610 of the Codified Ordinances of the City of Avon, at or near each place a violation referred to in the citation occurs.
(d) The Fire Code Official, upon obtaining actual or constructive knowledge of a sale, lease, occupancy change, occupant change, tenant change, appointment of a trustee in bankruptcy, appointment of a receiver or any other event that generates a change of owner, tenant, occupant, and the like, in any property other than R1-R2, shall conduct a fire safety inspection of the property for the purpose of evaluating the fire safety systems to determine the compliance with the OFC.
(e) Prior to the occupation of any building, new or existing, or any portion thereof, for any purpose other than R1-R2, the proposed new owner, lessee, tenants, or the like, shall submit an owner’s certificate and plans, shall conduct an evaluation for the purpose of comparing the owners certificate with the proposed usage for compliance with the provisions of the OFC.
(f) Upon request of the Fire Code Official, the Law Director shall institute and prosecute any necessary action or proceeding to enforce this chapter or Ohio R.C. Chapter 3737.
(Ord. 166-08. Passed 12-8-08.)
Statutory reference:
Fire Safety Inspector certificate, see Ohio R.C. 3737.34
(a) No person shall knowingly violate any provision of the Ohio Fire Code as adopted herein or any order issued pursuant thereto.
(ORC 3737.51(A))
(b) No person shall fail to comply with the fire prevention measures or fire protection activities as prescribed in the Ohio Fire Code or fail to comply with the Municipal application and plan submission and processing requirements, including payment of the fees designated therefor.
(Ord. 166-08. Passed 12-8-08.)
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