Loading...
FIRE CODE
(A) For the purpose of prescribing regulations governing conditions to life and property from fire, hazardous materials or explosion, the Board of Commissioners hereby adopt by reference that certain Indiana Administrative Code known as the Indiana Fire Code (675 I.A.C. 22-2.2 et seq.), inclusive of the actions requiring local adoption. Any and all subsequent editions, revisions and amendments of the Indiana Fire Code are hereby adopted and incorporated by reference as fully set out at length herein, and from the date on which this subchapter shall take effect, the provisions thereof shall be controlling within the limits of the county.
(B) This subchapter shall be in full force and effect upon written approval by the Office of the State Fire Marshal.
(Ord. 8-2002, passed 5-9-2002; Ord. passed 12-12-2002)
The Indiana Fire Code as adopted herein shall be enforced, noncompliance with I.C. 36-8-17 et seq., by the Bureau of Fire Prevention (or other designated agency) of each Fire Department in the county, which shall be operated under the supervision of the Fire Chief of each Department.
(Ord. 8-2002, passed 5-9-2002; Ord. passed 12-12-2002)
Definitions under this subchapter are those as set forth in 675 I.A.C. 22-2.2, with the following exceptions.
FIRE MARSHAL. The party responsible for the enforcement of this subchapter and said party shall be the Chief of the Bureau of Fire Prevention.
JURISDICTION. Any municipality or township within the jurisdiction of the county, as provided by I.C. 36-1-2-23 and I.C. 36-1-2-11.
(Ord. 8-2002, passed 5-9-2002; Ord. passed 12-12-2002)
(A) Any order issued or any enforcement action taken pursuant to this subchapter may be appealed to the appropriate Fire Chief by the owner or occupant within five days of receipt of the order or from the taking of the enforcement action.
(B) Within five business days of filing an appeal with the Fire Chief, the order of action shall be reviewed and a written copy of the decision mailed to the appellant by certified mail.
(C) This right of appeal is in addition to any rights granted by I.C. 22-13-2-7.
(Ord. 8-2002, passed 5-9-2002; Ord. passed 12-12-2002)
(A) The Fire Marshal, or an authorized representative, may issue to any person or owner who may have violated this subchapter, or any person in possession of property which may be found in violation of this subchapter, a citation specifying the sections of this subchapter and the Indiana Fire Code alleged to be violated and indicating the specific nature of the violation. The person(s) or entity receiving the citation shall be required to appear, at a time designated, in any court of general jurisdiction in the county for a hearing upon such citation.
(B) The court shall conduct a hearing upon the alleged violation of this subchapter. The Attorney for the Board of Commissioners of the county, or any attorney appointed by the Board of Commissioners, is authorized to civilly prosecute said citation in the name of the County Bureau of Fire Prevention in such hearing. If the court finds at the conclusion of the presentation of all evidence, by a preponderance of evidence, that this subchapter has been violated, the violator may be subject to the penalties provided for in § 93.99.
(Ord. 8-2002, passed 5-9-2002; Ord. passed 12-12-2002)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Unless otherwise specified, any person, firm or corporation who violates any of the provisions of §§ 93.15 through 93.19, or commits any act prohibited herein, or fails to perform any duty lawfully imposed, within the time prescribed by the Bureau of Fire Prevention (or other designated agency) or fails, neglects or refuses to obey any lawful order given by the Bureau of Fire Prevention (or other designated agency) in connection with the provisions of §§ 93.15 through 93.19, is subject to the general penalty provisions of the county municipal code. For each day or portion thereof that the unlawful activity continues, a separate offense shall be deemed to be committed.
(2) The court having jurisdiction, in addition to finding a violation under division (B)(1) above shall compel compliance with the provisions violated or compel the correction of the hazardous condition created. If the person to whom the order of the court is directed fails to comply with the order within the time specified, the Fire Chief or his or her authorized representative may enter the premises and cause the violation or hazardous condition to be corrected and the cost thereof assessed as a special tax against the property, or take such other action as authorized by order of the court.
(Ord. 8-2002, passed 5-9-2002; Ord. passed 12-12-2002)