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1610.16   TEMPORARY AND TRANSIENT HOUSING IN USE GROUP A OCCUPANCY (NON-DISASTER).
   (a)   Temporary and transient housing for the purpose of this section shall comply with 110.1.5 of the OBC and shall only be applicable to a use group A occupancy.
   (b)   Temporary and transient occupants shall be considered as “guests” and referred to as such for purposes of this section.
   (c)   The following stipulations shall be strictly adhered to for accommodating “guests”:
      (1)   The Fire Code Official shall be notified in writing of the presence of “guests” a minimum of thirty days prior to the commencement of such an event.
      (2)   A temporary and transient guest request pack shall be obtained from the Fire Department. The pack shall contain the following: an Application for Temporary and Transient Housing”; a “Fire Protection Bureau, Fire Inspection Report”; “Stipulations for Temporary and Transient Housing (Non-Disaster)”; “Supervision Requirements for Temporary and Transient Housing (Non-Disaster)”; “Supervision Checklist”; “Smoke Detector Test Record”; “Fire Watch/Safety Walk Through Record”; and any other forms deemed necessary by the Fire Code Official. The pack shall be completed for each “guest” and returned to the Fire Department no less than two weeks prior to the commencement of the event.
      (3)   Upon notification, a Fire Safety Inspector shall conduct a site inspection with the person requesting the accommodation, the guest supervisor and the property owner for the purpose of confirming that all life safety systems, procedures, and stipulations are in place and operational prior to the commencement of the event.
      (4)   Upon satisfactory completion of the required paperwork and site inspection the Fire Safety Inspector shall sign the form indicating that the stipulations have been met and this becomes the written agreement for the intended accommodation. A copy will be presented to the person requesting the accommodations for the intended “guests” and shall be retained with the “guest” supervisor for the duration of the stay. No stay shall exceed fourteen consecutive days. Each fourteen day stay shall require the completion of a new “Temporary and Transient Guest Request Pack.”
      (5)   If at any time during the stay, the required stipulations or site become out of compliance with the written agreement, the non-compliance shall be corrected immediately upon discovery or the stay shall be immediately terminated.
      (6)   In addition to any applicable fees required under this Chapter or other sections of the Avon Codified Ordinance, any charges incurred by the City over and above those incurred in the ordinary course of conducting an inspection shall be the responsibility of the applicant and paid within thirty days of the date of billing.
(Ord. 166-08. Passed 12-8-08.)
1610.17   ABOVE GROUND STORAGE TANKS FOR NON-DISPENSING.
   (a)   Above ground storage tanks for non-dispensing purposes (bulk facilities, emergency generators, waste oil and industrial applications) shall comply with the requirements of the State of Ohio Department of Commerce Division of State Fire Marshal Code Enforcement Bureau for permit and license.
   (b)   Anyone requiring a permit and license for above ground storage will notify the Fire Code Official by supplying a copy of the permit and license no later than thirty days prior to the filling of the tank.
(Ord. 166-08. Passed 12-8-08.)
1610.99 PENALTY.
   (a)   Criminal Penalties.
      (1)   Whoever violates Section 1610.05(a), 1610.06(a), 1610.14 and 1610.17 is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. (ORC 3737.99(B))
      (2)   Whoever violates Section 1610.06(b) or 1610.07 is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). (ORC 3737.99(C))
      (3)   Whoever violates Section 1610.08, 1610.10, 1610.15 or 1610.16 is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.
(ORC 3737.99(D))
      (4)   Whoever violates Section 1610.09 or 1610.11 is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.
(ORC 3737.99(E)) (Ord. 47-05. Passed 3-14-05; Ord. 166-08. Passed 12-8-08.)
   (b)   Civil Penalties.
      (1)   Any person who has received a citation for a serious violation of the Ohio Fire Code or any order issued pursuant to it shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
      (2)   Any person who has received a citation for a violation of the Ohio Fire Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
      (3)   Any person who fails to correct a violation for which a citation has been issued, within the period permitted for its correction, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each day during which such failure or violation continues.
      (4)   Any person who violates any of the posting requirements, as prescribed by Section 1610.05(b), shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
      (5)   Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged and the history of previous violations shall be given whenever a penalty is assessed under this chapter.
      (6)   For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
      (7)   Civil penalties imposed under this chapter shall be paid to the Clerk of Council for deposit into the General Fund. Such penalties may be recovered in a civil action in the name of the Municipality brought in the Court of Common Pleas.
(ORC 3737.51(B) to (H)) (Ord. 166-08. Passed 12-8-08.)