(A) Closing up and obstructing. It is unlawful under any circumstances to close up or obstruct stairs, exits or the approaches leading thereto in any building. No exit door in any building shall be locked in any manner that will prevent its being immediately operable by any occupant from the inside of the building while such building or structure is in use.
(B) Fire Marshal actions. If the Fire Marshal determines that a required exit, or exitway is not immediately available for use because of being locked, blocked, chained, modified or otherwise limited in use and the present occupancy of the building is such that the building is imminently dangerous, as described in § 91.034 because of this condition, he or she shall immediately contact the owner, manager or other person present and in charge of the building and order the exit or exitway made usable. In the event that the Fire Marshal is unable to locate a person in charge in the building, or in the event the person in charge of the building fails to open the exit or exitway immediately to full use, he or she shall cause the person to be cited as authorized by § 91.032 and determine if it is practical to cause the building to be vacated in order to eliminate the imminently dangerous condition. If the Fire Marshal determines that it is impractical considering the nature of the occupancy, the time of day, the number of persons involved and the demeanor of the persons involved, and that the exitway can be made usable, by summary abatement of the exit or exitway limitation, he or she is authorized to cause the exitway or exit to be made usable to the extent necessary to eliminate the imminently dangerous condition. The owner, manager or other person in charge shall be immediately notified of the action taken and ordered by the Fire Marshal to secure the premises in full compliance with the city code.
(C) Illegal action. It is unlawful under any circumstances for any person to stand, sit or otherwise occupy, so as to obstruct, any stairs, exits or the approaches leading thereto in any building.
(D) Overcrowding. No person shall permit overcrowding or admittance of any person beyond the approved capacity of any place of public assemblage. The Fire Marshal, upon finding any overcrowding conditions or obstruction in aisles, passageways or other means of egress; or upon finding any condition which constitutes a serious menace to life, may cause the performance, presentation, spectacle or entertainment to be stopped until such condition or obstruction is corrected.
(E) Alternate remedy. As an alternative to the remedy specified in division (D) above, the Fire Marshal may revoke the public assembly permit, provided for in § 91.052(J)(3)(a) as follows:
(1) For the first offense in any two-year period, revoke the permit for one day and/or performance, or until the condition is corrected;
(2) For the second offense in any two-year period, revoke the permit for three days and/or performances, or until the condition is corrected;
(3) For the third offense in any two-year period, revoke the permit for 15 days and/or performances; and
(4) For the fourth and subsequent offenses in any two-year period, revoke the permit for 30 days and/or performances.
(F) Appearance before Fire Chief. Any person, firm or corporation aggrieved by the action of the Fire Marshal under division (E) above may appear before the Fire Chief to show cause why the permit should not be revoked and may appeal to the City Administrator following the guidelines in § 91.015. The permit shall remain valid, pending the decision of the City Administrator.
(Ord. 382, passed 12-12-2005) Penalty, see § 91.999