(a) No person shall serve as Municipal Fire Safety Inspector unless he has received a certificate issued by the Ohio Superintendent of Public Instruction under Ohio R.C. 4765.55 evidencing his satisfactory completion of a fire safety inspection training program.
(b) Unless entry is refused by an owner or his agent, upon presentation of proper credentials, the Municipal Fire Safety Inspector may, at all reasonable times, enter any dwelling structure, commercial structure or any other building or property in the City to perform any duty imposed upon him by the Codified Ordinances. When a property owner denies the Municipal Fire Safety Inspector entry onto his property for the purposes of making an inspection, he or she may apply for and obtain a search warrant in order to gain access to such property. Nothing contained in this section shall limit the right of immediate entry by the Municipal Fire Safety Inspector onto any property in the City when he or she determines that an emergency exists.
(c) The Municipal Fire Safety Inspector, upon examination or inspection may issue citations when he finds conditions as specified in Ohio Revised Code Section 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 procedures may be by use of the procedures established by Ohio Revised Code Chapter 3737 or the provisions of this Chapter 1501 of the Codified Ordinances. In addition, the City may apply to a court of competent jurisdiction under Section 3737.44 of the Ohio Revised Code or any other applicable provision of the Ohio Revised Code or of the Codified Ordinances of this City, for injunctive relief, restraining orders or other equitable relief, in order to protect and preserve life and property within the City.
(d) The Municipal 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 any order issued by the Ohio Fire Marshal or any Municipal Fire Safety Inspector. The citation shall fix a reasonable time for abatement of the violation. Nothing herein contained shall prohibit the Municipal Fire Safety Inspector from ordering immediate abatement of a condition which he deems to be an imminent danger to persons and/or property.
(e) The adopted Ohio Fire Code shall be enforced by the Bureau of Fire Prevention of this City under the supervision of the Fire Chief and Fire Warden. The Fire Chief may detail members of the Fire Department to act as Fire Safety Inspectors as may be necessary to enforce the provisions of this Code.
(f) A Municipal Fire Safety Inspector shall have the power to order any building or structure closed or immediately vacated which is found to be in violation of the Ohio Fire Code and which such Fire Safety Inspector determines to present an imminent danger to the safety of persons or property. Upon written request to the Fire Chief, a hearing on the Fire Inspector's order shall be held by the Fire Appeals Board within forty-eight hours after the order to vacate or close is served upon the owner of such building or premises.
(g) All business occupancies in the City are subject to yearly fire safety inspections. Business occupancies include any structure used or designed or intended to be used, entirely or any part thereof, as a commercial or institutional building, structure or premises. The initial inspection is conducted by fire department personnel as assigned by the Fire Safety Inspector under the direction of the Fire Chief. In the event that violations are found, the property will be subject to re-inspections by the Fire Safety Inspector to ensure that violations have been corrected. The following charges shall apply to inspection for all business occupancies:
(1) Initial inspection and first re-inspection: No charge.
(2) Second re-inspection: $50.00.
(3) Third and each subsequent re-inspection: $100.00
(h) The Fire Safety Inspector under the direction of the Fire Chief may impose fees based on nuisance alarms from a business occupancy with a monitored fire alarm system. A nuisance alarm is defined as a system which generates alarms based on a system fault (malfunctioning detector, line fault, trouble alarm, etc.) which is not corrected promptly. The fee schedule is as follows:
(1) $50.00 for the 4th nuisance alarm within a twelve (12) month period.
(2) $100.00 fee for the 5th and each subsequent alarm within a twelve (12) month period.
(i) Annual inspections are required for all home or commercial day care, adoption, and foster care homes, facilities or operations. Such inspections are to be conducted by the Fire Safety
Inspector under the direction of the Fire Chief. Inspections are subject to fees as follows:
(1) Initial Inspection: $50.00.
(2) First re-inspection: No charge.
(3) Second and each subsequent re-inspection: $50.00.
(j) No person or entity shall fail to allow an inspection authorized or required by this Section.
(Ord. 108-2014. Passed 9-15-14.)