The Ohio Fire Code, as adopted in Section 1501.01, is hereby amended by the enactment, modification or deletion of the following provisions as respectively indicated, which amendments are hereby adopted as set forth herein:
OFC Section FM-309.3 entitled "Exhaust systems and dampers" is hereby enacted to read as follows:
FM-309.3 Exhaust systems and dampers: Exhaust systems for cooking operations shall be maintained so as not to create a hazardous condition. Any flue dampers shall be tested periodically to insure proper functioning of all parts.
OFC Section FM-312.7 entitled "City building no smoking areas" is hereby enacted to read as follows:
FM-312.7 City building no smoking areas: The Fire Marshal is hereby directed to establish no smoking areas, pursuant to Ohio R.C. 3791.031, in structures owned by the City. Council, in intending to protect the rights of nonsmokers, directs the Fire Marshal to declare that smoking shall be prohibited at all times in the Council Chambers and that smoking shall be permitted in areas so designated in the hallways adjacent to the Council Chambers.
OFC Section FM-322.0 entitled "Use of outdoor grills" is hereby enacted to read as follows:
FM-322.0 Use of outdoor grills: No person shall kindle or maintain a fire to be used for the preparation of food or for any other purpose in any type of outdoor or portable grill in any apartment or on or below any apartment house balcony or within twenty feet of any structure housing more than four families.
OFC Section FM-323.0 entitled "Combustibles in walkways of roofed malls" is hereby enacted to read as follows:
FM-323.0 Combustibles in walkways of roofed malls: No combustible goods, merchandise, equipment, apparatus or decorations shall be displayed or stored within the public walkways of a roofed-over mall unless approved by the Fire Chief.
OFC Section FM-324.0 entitled "Open ground and outdoor industrial and commercial fires" is hereby enacted to read as follows:
FM-324.0 Open ground and outdoor industrial and commercial fires: All industrial or commercial open ground fires, with the exception of burning in approved-type incinerators as per City ordinances, are hereby prohibited.
OFC Section FM-325.0 entitled "Closing trapdoors" is hereby enacted to read as follows:
FM-325.0 Closing trapdoors: All trapdoors, except those which are automatic in their operation, shall be closed at the completion of the business of each day.
OFC Section FM-326.0 entitled "Marking shaftways" is hereby enacted to read as follows:
FM-326.0 Marking shaftways: Every outside window in a building used for manufacturing purposes or for storage, which opens directly on any hoistway or other vertical means of communication between two or more floors in such building, shall be plainly marked with the word "SHAFTWAY" in red letters at least 6 inches high on a white background. Such warning sign shall be placed so as to be easily discernible from the outside of the building. Every door or window opening on such shaftway from the interior of the building, unless the construction of the partition surrounding the shaftway is of such distinctive nature as to make its purpose evident at a glance, shall be similarly marked with the warning word "SHAFTWAY", to be placed so as to be easily visible to anyone approaching the shaftway from the interior of the building.
OFC Section FM-327.0 entitled "Electrical equipment sales" is hereby enacted to read as follows:
FM-327.0 Electrical equipment sales
(a) No person, firm or corporation shall sell, offer for sale or expose for sale within the City any electrical materials, equipment, fixtures, appliances or heating and lighting devices which do not bear an Underwriters' Laboratories or Factory Mutual seal of approval, or which have been declared by the Fire Chief to be unsafe for use because of design, construction, wiring or assembly.
(b) The Fire Chief or any inspector of the Bureau of Fire Prevention is hereby authorized to inspect any and all electrical materials, equipment, fixtures, appliances or heating and lighting devices sold, offered for sale or exposed for sale, within the City, and to determine whether the same are safe or unsafe for use because of design, construction, wiring or assembly. If such materials or devices are found to be unsafe, a "Notice of Inspection" shall be given to the person selling or offering or exposing the same for sale. Such notice shall state what articles, materials or devices are unsafe, and the same shall be removed immediately from the sales shelves. No person shall be guilty of a violation of this section unless such written "Notice of Inspection" shall have been given to him or to his employees, or to the person in charge of the place where the article or articles are sold, offered for sale or exposed for sale.
OFC Section FM-328.0 entitled "Fired premises a nuisance" is hereby enacted to read as follows:
FM-328.0 Fired premises a nuisance: Any premises within the City wherein a fire has occurred, and either interior or exterior damage to a building or structure has been suffered, is hereby declared to be a public nuisance. Such nuisance may be summarily abated or the premises condemned for occupancy by the Director of Public Service when he has determined that a hazard to the public health or safety exists, or such nuisance may be abated in the manner provided in the Administrative Code of the Codified Ordinances of the City. In either case, prior to such abatement, the premises shall first be inspected by the Health Officer, the Building Commissioner and the Fire Chief, or their duly authorized representatives, and each shall make written recommendations to the Director of Public Service as to specific work to be performed in order to properly abate such nuisance and to protect the public health and safety. The Director of Public Service shall follow such recommendations to the extent possible in abating such nuisance.
OFC Section FM-329.0 entitled "Fire blankets" is hereby enacted to read as follows:
FM-329.0 Fire blankets: An approved-type fire blanket shall be accessible at all times within domestic science cooking rooms and science and chemistry rooms using open flames in all types of occupancies.
OFC Section FM-330.0 entitled "Fire alarm boxes" is hereby enacted to read as follows:
FM-330.0 Fire alarm boxes: Access to all fire alarm boxes shall not be obstructed in any manner. All private fire alarm boxes and systems shall be maintained in good operating condition at all times.
OFC Section FM-331.0 entitled "Combustible materials storage" is hereby enacted to read as follows:
FM-331.0 Combustible materials storage: Combustible materials shall not be stored within thirty-six inches of furnaces and water heaters, under flue pipes, or under or within thirty-six inches vertically of gas and electric meters.
OFC Section FM-332.0 entitled "Maintenance of chimneys and flues" is hereby enacted to read as follows:
FM-332.0 Maintenance of chimneys and flues: Chimneys, flues or similar devices for conveying products of combustion or hot gases to the exterior of the building shall be maintained in a manner as not to create a hazardous condition.
(a) Existing masonry chimneys, which upon inspection are found to be without a flue liner and with open mortar joints which will permit smoke or gases to be discharged into the building, or which are cracked so as to be dangerous, shall be made safe by means of a fire clay liner, fire brick or a corrosion-resistant metal pipe and otherwise repaired, if necessary, or the chimney shall be removed. Metal pipe liners shall be one inch less in diameter than the least dimension of the flue and the entire space between the metal liner and the walls of the chimney shall be filled with cement mortar.
(b) Existing chimneys and vents of metal which are corroded or improperly supported shall be replaced, unless suitable repairs are made.
(c) Existing chimneys and vent connectors of metal which are corroded or improperly supported shall be replaced.
OFC Section FM-333.0 entitled "Spark arrestors" is hereby enacted to read as follows:
FM-333.0 Spark arrestors: Residential, commercial and industrial incinerators shall be provided with approved spark arrestors or other effective means for arresting sparks, fly ash and particulate particles.
OFC Section FM-334.0 entitled "Heat-producing appliances" is hereby enacted to read as follows:
FM-334.0 Heat-producing appliances
(a) All heat-producing appliances, including boilers, furnaces, incinerators, ovens and restaurant-type cooking appliances shall be installed and maintained so as to be reasonably safe to persons and property. Evidence that heat-producing appliances are installed in accordance with the applicable standard specified in rule 1301:7-7-44 of the Administrative Code (Referenced Standards) shall be evidence that such heat-producing appliances are installed so as to be reasonably safe to persons and property.
(b) No hotplate or heat-producing appliance shall be located on or within eighteen inches of any combustible material. Shelves shall not be permitted within a vertical distance of thirty-six inches over a hotplate.
OFC Section F-501.2 entitled "Installations" is hereby amended to read as follows:
F-501.2 Installations: Before any fire alarm, detection or fire suppression system is installed, enlarged or extended, a permit shall be obtained from the Building Commissioner and the Bureau of Fire Prevention. Plans and specifications shall be reviewed by the Bureau of Fire Prevention prior to the issuance of the building permit. In those instances where such plans and specifications are submitted to the Bureau for review, the review shall be conducted under the direction of the Fire Chief. Upon finding that the plans and specifications for a system are satisfactory, the Fire Chief shall issue a permit therefor. The issuance of such permit shall mean that the Bureau has reviewed the installation, enlargement or extension of the system, subject to the issuance of a permit by the Building Commissioner and subject to final inspection and test by the Bureau.
OFC Section FM-504.6 entitled "Defective or removed fire suppression equipment" is hereby enacted to read as follows:
F-504.6 Defective or removed fire suppression equipment: No responsible person shall fail to promptly notify the Fire Chief if any fire suppression system or fire protection system or any part thereof, as defined in Section FM-502.1, is removed, altered or defective or is not functioning properly.
OFC Section FM-519.0 entitled "PUBLIC AND PRIVATE FIRE HYDRANTS; USE AND OBSTRUCTION" is hereby enacted to read as follows:
FM-519.0 PUBLIC AND PRIVATE FIRE HYDRANTS; USE AND OBSTRUCTION
FM-519.1 Public fire hydrants
(a) An adequate water supply for fire-fighting purposes, as determined by the Fire Chief, shall be available for all buildings, structures and parts thereof. Such water shall be supplied from City water or private water supply mains.
(b) All buildings and structures shall be located so that all parts thereof are not more than 300 feet from readily accessible public or private fire hydrants, in such number and at such locations to be determined by the Fire Chief. Such distance shall be measured along streets, roadways or driveways, complying with Section FM-519.3. Spacing of hydrants around buildings shall not be more than 300 feet apart.
(c) All dwellings or other minor buildings or structures shall be located so that all parts thereof are not more than 300 feet from not less than one readily accessible public or private fire hydrant. Such distance shall be measured along streets, roadways or driveways, complying with Section FM-519.3.
FM-519.2 Private fire hydrants
(a) Private fire hydrants shall be located, installed and maintained in accordance with applicable rules and regulations of the Cleveland Water Division and nationally recognized good practice.
(b) All private fire hydrants shall have an approved shut-off valve installed in the fire hydrant lead not more than ten feet from the fire hydrant, which shall be accessible at all times.
(c) All private fire hydrants shall be installed not closer than two feet nor more than five feet from a street, roadway or driveway conforming to Section FM-519.3.
(d) All private fire hydrants shall be maintained in proper working order by the owner.
(e) An inspection and flow test shall be conducted by the owner, as prescribed by the Fire Chief, and reports of testing shall be forwarded to the Fire Department.
(f) All private fire hydrants shall be accessible at all times for fire-fighting purposes.
FM-519.3 Access streets, roadways and driveways: Access streets, roadways or driveways, where required by Sections FM-519.1 and FM-519.2, shall conform to the following:
(a) The width shall be sufficient to permit easy passage of any Fire Department apparatus and in no case shall the width be less than twenty feet.
(b) The surface shall be reinforced of sufficient strength and type to adequately support any Fire Department apparatus under any weather conditions.
(c) The curve radii and grade elevations shall be such as to permit any Fire Department apparatus to negotiate curves and grades under any weather conditions.
FM-519.4 Adequate water supply required: No permit for the construction of any building shall be issued by the Building Commissioner, except where adequate water supply and facilities for fire-fighting purposes are available, as determined by the Fire Chief. If the Fire Chief finds, upon inspection of any building under construction, that adequate water supply or facilities for fire- fighting purposes, as determined by the Fire Chief, are not being furnished as required, then the Building Commissioner shall stop such construction and revoke the permit previously issued therefor until such time as adequate water supply or facilities for fire-fighting purposes, as determined by the Fire Chief, are furnished.
FM-519.5 Use of hydrants and valves: No person, except at an emergency or fire or otherwise lawfully authorized as provided herein, shall remove the cover or cap from, or turn on or off, any fire hydrant, public or private water valve or stop cock used for fire protection in the City.
FM-519.6 Obstruction and use of hydrants
(a) No person shall place any obstruction or park any vehicle within ten feet of any public or private fire hydrant.
(b) No person shall make a connection to or use any water from any public fire hydrant in the City, unless such person has first applied for and obtained from the Fire Chief a fire hydrant permit and has also obtained a permit from the Cleveland Water Division for such use.
(c) No person shall fail to comply with any of the requirements of the Fire Chief and the Cleveland Water Division governing the use of water from any fire hydrant.
(d) Upon the issuance of a fire hydrant permit or blanket fire hydrant permit, it shall be the duty of the permittee, immediately and before making any connection to or using any hydrant in any way, to present the permit to the Cleveland Water Division and obtain a receipt showing payment for the water estimated to be used by virtue of such permit. The receipt shall then be presented to the Fire Chief, together with a written statement by the permittee as to the period of time during which the hydrants set forth in the permit will be used. All of the foregoing provisions shall be complied with prior to making any connection to or using any hydrant.
(e) All fire hydrant permits issued pursuant to the provisions of this section shall expire upon completion of the work contemplated and in connection with which such permit was obtained, but in no event shall any permit remain in force and effect for a period of more than sixty days.
(f) All fire hydrant permits shall be issued subject to the express condition that the permittee shall indemnify and save the City harmless from all loss or damage that may be occasioned by the lack of care, skill or attention of the permittee or anyone in his employ in the making of a connection or in the use of such fire hydrant. The permittee shall, if any damage is caused to any public fire hydrant or water main in the use thereof, promptly and fully reimburse the City for the full cost and expense of the repairs necessary beyond the amount of his deposit if such be inadequate.
(g) All hydrants used for any purpose shall have reducing couplings attached to the nozzles of the fire hydrants with an independent valve for regulating the supply. The main valve of the hydrant shall be opened full at the beginning of work each day and remain open until the stoppage of work at night. The hydrant shall be operated only by a proper hydrant key.
(h) Upon completion of the use of a fire hydrant, the permittee shall notify the Fire Chief, who shall promptly inspect each fire hydrant used and make a report of the condition and repairs he shall find necessary to the Director of Public Safety. No further fire hydrant permits shall be issued to any permittee when any repairs are necessary, until the City has been reimbursed for the full costs involved.
OFC Section FM-520.0 entitled "Sprinklers required in senior citizen housing" is hereby enacted to read as follows:
FM-520.0 Sprinklers required in senior citizen housing: An approved automatic sprinkler system shall be installed and maintained in all common areas and facilities of any senior citizen housing regardless of the number of stories or square footage of such housing. No person shall permit occupancy of any senior citizen housing unless this provision is complied with and unless all other City ordinances and any technical codes adopted thereby are complied with.
OFC Section FM-521.0 entitled "Fire alarm systems" is hereby enacted to read as follows:
FM-521.0 Fire alarm systems: In buildings that are required to have a fire alarm system, the fire alarm system must be supplied with emergency power so that it will function normally in the event of a primary power failure.
OFC Section FM-610.6 entitled "Lighting" is hereby enacted to read as follows:
FM-610.6 Lighting
(a) Stairways, hallways and other means of egress, including exterior open spaces to or through which an exitway leads, shall be kept adequately lighted at all times that the building served thereby is occupied.
(b) Each room, hall, auditorium or place of public assembly, each place of business open to the public after 6:00 p.m., each interior room where people work without natural light, and each apartment house, shall be provided with lights meeting the provisions of Sections FM-610.1 through F-610.5 and so located and supplied with current as to provide, with one service interrupted, emergency illumination without appreciable delay. Such installation shall consist of the following:
(i) An emergency lighting system, independent of the general lighting system, with provision for automatically transferring, by means of devices approved for the purpose, the emergency system from a defective supply to another supply; and
(ii) Any other installation approved as adequate for the purpose of this rule in the manner required by this Fire Prevention Code.
OFC Section FM-2301.4 entitled "Routes for transporting hazardous materials and chemicals" is hereby enacted to read as follows:
FM-2301.4 Routes for transporting hazardous materials and chemicals: No operator of any vehicle transporting hazardous materials and chemicals shall travel on any City street or highway, except State routes, unless prior permission is obtained from the Director of Public Safety.
OFC Section FM-2807.1 entitled "General" is hereby amended to read as follows:
FM-2807.1 General: Flammable and combustible liquid storage tanks of any capacity installed above ground shall comply with this rule.
The expansion or extension of any existing facilities shall be in accordance with the provisions of the Ohio Fire Code, as adopted in Section 1501.01, any relevant State statutes or regulations promulgated by the State Fire Marshal, and the City Zoning and Building Codes.
OFC Section F-3003.2 entitled "Storage" is hereby amended to read as follows:
F-3003.2 Storage: The storage of explosives and blasting agents is prohibited within the City limits, except as may be otherwise authorized by the Fire Chief.
OFC Section FM-3005.1.1 entitled "Routes for transporting explosives" is hereby enacted to read as follows:
FM-3005.1.1 Routes for transporting explosives: No operator of any vehicle transporting explosives and blasting agents within the City shall travel on any City street or highway, except State routes, unless prior permission is obtained from the Director of Public Safety.
(Ord. 6958-1986. Passed 12-16-86; Ord. 7710-1992. Passed 4-21-92; Ord. 8251-1996. Passed 8-6-96; Ord. 8252-1996. Passed 8-6-96; Ord. 8529-1999. Passed 4-6-99.)