(A) The Fire Chief, or his designee, shall conduct fire and life safety inspections in Class 1 structures pursuant to I.C. 36-8-17-8. The Fire Chief, or his/her designee, shall inspect Class 1 structures as often as necessary for the purpose of ascertaining and causing to be corrected any violation of the Indiana General Administrative Rules, Indiana Fire Code, Indiana Building Code, Indiana Mechanical Code, Indiana Fuel Gas Code, this Fire Prevention Ordinance, or any other rule of the Commission.
(B) Under I.C. 36-8-17-9, an order of enforcement of the Indiana General Administrative Rules, Indiana Fire Code, Indiana Building Code, Indiana Mechanical Code, Indiana Fuel Gas Code, this Fire Prevention Ordinance, or any other rule of the Commission, which is within the jurisdiction of the Fire Chief, or his/her designee, may seek the correction of any violation or the elimination of any hazardous condition by the methods specified in this code or by any other appropriate remedy or procedure provided by law. The failure of the Fire Department to inspect or to issue notice of violation or order in accordance with this chapter shall not constitute approval of any violation or non-compliance. Any notice of violation or order issued pursuant to this section shall be conveyed upon the owner, operator, occupant or the other person responsible for the building or property. Conveyance of such order shall be by one of the following methods: Personal service (by affixing a copy thereof in a conspicuous place at the entrance of said building or premises), by mailing a copy thereof to such responsible person by first-class mail to his or her known address, by fax, or electronic mail pursuant to I.C. 4-21.5-3.
(C) The Fire Chief, or his/her designee may stop an operation or require the evacuation of any Class 1 structure or portion thereof under the provisions of I.C. 36-8-17-9 when it is determined that conduct or conditions of the property:
(1) Presents a clear and immediate hazard of death or serious bodily injury to any person other than a trespasser;
(2) Is prohibited without a permit, registration, certification, authorization, variance, exemption, or other license required under I.C. 22-14, another Indiana statute or rule of the Commission; or
(3) Will conceal a violation of law.
(D) The Fire Chief, or his/her designee shall state in the notice a time in which the means prescribed by the Fire Chief, or his/her designee shall be complied with.
(E) The first violation shall be given at the time of the inspection. Approximately 30 days after the first violation notice is issued, a second inspection shall occur. In the event the violation is not corrected, a second violation notice shall be issued and a third inspection shall be necessary. The third inspection shall occur approximately 15 days after the second violation notice is issued. If the violation is not corrected upon the third inspection, a third violation notice shall be issued. Inspections shall occur approximately every five days until the violation is corrected. In the event that the recipient of the notice does not take the necessary action to correct the dangerous condition or code violation as set out in the notice, the recipient shall be in violation of this section and shall result in a citation. If a violation is not corrected due to extenuating circumstances, a committee of the Fire Chief, Fire Marshal and the Superintendent of Building and Zoning, may grant an extension.
(F) Violation classifications. Violations occurring during inspections shall be determined from one of three violations. Immediate danger to life safety, major violation and minor violation.
(1) Minor violations are classified as violations that do not pose a serious hazard to life safety.
(2) Major violations are classified as serious violations and are listed below:
(a) IFC 1008.1.10 Panic & fire exit hardware.
(b) IFC 1003.6 Means of egress continuity.
(c) IFC 1008.1.9.3 Locks and latches.
(d) IFC 507.5.4 Obstructions.
(e) IFC 1008.1.9 Door operations.
(f) IFC 901.6.1 Standards (FD connection).
(g) IFC 1023.1 Exit passageway.
(h) IFC 1030.3 Obstructions.
(i) IFC 315.3.2 Means of egress.
(j) IFC 313.1 General (fuel equipment storage).
(k) IFC 315.3 Storage in buildings.
(l) IFC 1008.1.9.4 Bolts & locks.
(m) IFC 603.4 Portable unvented heaters.
(n) IFC 703.2 Opening protectives.
(3) Immediate danger to life safety violations are violations that need addressed immediately before operations can continue.
(Prior Code, § 91.01) (Ord. 2022-1, passed 1-18-2022; Ord. 2022-6, passed 2-15-2022) Penalty, see § 91.99