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CHAPTER 1610
Ohio Fire Code
1610.01   2007 and subsequent editions adopted.
1610.02   Purpose.
1610.03   Application of Code.
1610.04   Fire Code Official.
1610.05   Enforcement; responsibilities of Fire Safety Inspector.
1610.06   Compliance required.
1610.07   Posting arson laws.
1610.08   Setting fires which spread.
1610.09   Responsibilities upon discovery of unfriendly fires.
1610.10   Inspections.
1610.11   Sale and use of fire equipment; standards; service and repair of equipment.
1610.12   Conflicts of laws.
1610.13   Permit fees.
1610.14   Detection, alarm and sprinkler systems.
1610.15   Tents and membrane structures.
1610.16   Temporary and transient housing in Use Group A occupancy (non-disaster).
1610.17   Above ground storage tanks for non-dispensing.
1610.99   Penalty.
   CROSS REFERENCES
   Power to regulate elevators, stairways and fire escapes - see Ohio R.C. 715.26
   Adoption of technical codes - see Ohio R.C. 731.231
   Power to regulate against fires - see Ohio R.C. 737.27, 3737.08
   Right to examine buildings - see Ohio R.C. 737.34 et seq., 3737.14
   State Fire Marshal - see Ohio R.C. Ch. 3737
   Gasoline, oils and paint - see Ohio R.C. Ch. 3741
   Fireworks - see Ohio R.C. Ch. 3743; GEN. OFF. 672.10
   Division of Fire - see ADM. Ch. 246
   Driving over fire hoses - see TRAF. 432.26
   Arson - see GEN. OFF. 642.09
   Open burning - see GEN. OFF. 660.08
   Smoking in places of public assembly - see GEN. OFF. 660.15, 660.16
   Fire hydrants - see S.U. & P.S. 1040.01(b)
   Sprinkler systems - NFPA 13, OAC 1301:7-7-09
   Occupancy and/or use group - OAC 1301:7-7-01, 1301:7-7-02
1610.01 2007 AND SUBSEQUENT EDITIONS ADOPTED.
   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.)
1610.02 PURPOSE.
   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.)
1610.03 APPLICATION OF CODE.
   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.)
1610.04 FIRE CODE OFFICIAL.
   The Fire Chief shall act as the Fire Code Official or may designate a City Fire Marshal to act as the Fire Code Official for the City.
(OFC 1301:7-7-01(D)(104)) (Ord. 166-08. Passed 12-8-08.)
1610.05 ENFORCEMENT; RESPONSIBILITIES OF FIRE SAFETY INSPECTOR.
   (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
1610.06 COMPLIANCE REQUIRED.
   (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.)
1610.07 POSTING ARSON LAWS.
   The owner, operator or lessee of any transient residential building shall post the provisions of Ohio R.C. 2909.02 and 2909.03 in a conspicuous place in each room occupied by guests in such building. The owner, operator or lessee of any nontransient residential building, institution, school or place of assembly shall post the provisions of such sections in conspicuous places upon such premises. No person shall fail to comply with this section.
(ORC 3737.61) (Ord. 166-08. Passed 12-8-08.)
1610.08 SETTING FIRES WHICH SPREAD.
   No person shall set, kindle or cause to be set or kindled any fire which, through his or her negligence, spreads beyond its immediate confines to any structure, field or wood lot.
(ORC 3737.62) (Ord. 166-08. Passed 12-8-08.)
1610.09 RESPONSIBILITIES UPON DISCOVERY OF UNFRIENDLY FIRES.
   (a)   The owner, operator or lessee, an employee of any owner, operator or lessee, an occupant, and any person in direct control of any building regulated under the Ohio Building Code, upon the discovery of an unfriendly fire or upon receiving information that there is an unfriendly fire on the premises, shall immediately and with all reasonable dispatch and diligence call or otherwise notify the Fire Division concerning the fire and shall spread an alarm immediately to all occupants of the building.
   (b)   For the purposes of this section, “unfriendly fire” means a fire of a destructive nature as distinguished from a controlled fire intended for a beneficial purpose.
   (c)   No person shall fail to comply with this section.
(ORC 3737.63) (Ord. 166-08. Passed 12-8-08.)
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