Loading...
1502.05 APPEALS.
   Whenever the Fire Chief or his or her authorized representative disapproves or refuses to grant a license or permit applied for, or when it is claimed that the provisions of this Fire Prevention Code, including the Ohio Fire Code adopted herein by reference, do not apply or that the true intent and meaning of such provisions have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief or the Fire Code Official to the City Board of Building Standards and Appeals. Such appeal shall be filed with the Building Official within twenty days from the date of the decision appealed from, in accordance with Chapter 1315 of the Building Code.
(Ord. 96-284. Passed 12-2-96.)
1502.06 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS.
   The President of Council, the Safety-Service Director and the Fire Chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in this Fire Prevention Code, including the Ohio Fire Code adopted herein by reference. The Fire Chief shall post such list in a conspicuous place in his or her office and distribute copies thereof to interested persons. 
(Ord. 96-284. Passed 12-2-96.)
1502.07 ESTABLISHMENT OF MOTOR VEHICLE ROUTES FOR VEHICLES TRANSPORTING EXPLOSIVES, BLASTING AGENTS, HAZARDOUS CHEMICALS AND DANGEROUS ARTICLES.
   Routes for vehicles transporting explosives, blasting agents, hazardous chemicals and dangerous articles are hereby established as follows: All interstate routes in the City. An exception is made for local pick-ups and deliveries, but, in such cases, the driver of the vehicle shall follow the most direct route from the interstate route to the place of pick-up and/or delivery, and from such place back to the interstate route. Further exceptions are made for travelling to or from the usual place of storage of such vehicle and for performing any other legitimate business or act, other than passage through the Municipality.
(Ord. 96-284. Passed 12-2-96.)
1502.08 STORAGE LIMITS.
   (a)   The limits in which storage of explosives and blasting agents is prohibited are hereby established as follows: The entire corporate limits, except M-2 Zoning Districts as the same are established in the Zoning Code.
   (b)   The limits in which storage of flammable liquids in outside above-ground tanks is prohibited, in which new bulk plants for flammable and combustible liquids are prohibited, and in which bulk storage of liquefied petroleum gas is restricted, respectively, are hereby established as follows: The entire corporate limits, except for M-1 and M-2 Zoning Districts when such Districts are located more than 200 feet from any R Zoning District, as the same are established in the Zoning Code.
(Ord. 96-284. Passed 12-2-96.)
1502.09 AMENDMENTS.
   The Ohio Fire Code adopted in Section 1502.01 is hereby amended as follows:
   CHAPTER 1301:7-1 - ADMINISTRATION AND ENFORCEMENT
1301:7-1-02 ((A)FM-101.1) New and existing conditions: (Amended) The last sentence, "Variances from this code are subject to rule 1301:7-3-06." is hereby deleted.
1301:7-1-03 ((G)FM-103.2) Individual liability: (Amended) The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdiction, shall not thereby be rendered personally liable, and is hereby relieved from all personal liability for any damage accrued to persons or property as a result of any act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this code, and any official, officer or employee, acting in good faith and without malice, shall be free from liability for acts performed under any provision of this code or by reason of any act or omission in the performance of official duties in connection therewith.
1301:7-1-03 ((G)FM-103.3) Jurisdictional liability: (Added) The jurisdiction shall not be liable under this code for any damage to persons or property, by reason of the inspection or reinspection of structures or equipment authorized herein, or the failure to inspect or reinspect such structures or equipment, or by reason of the approval or disapproval of any structure or equipment authorized herein.
1301:7-1-05 ((D)FM-105.3) Notice of violation: (Amended) Whenever the code official observes an apparent or actual violation of a provision of this code, or other codes or ordinances under the code official's jurisdiction, the code official shall prepare a written notice of violation describing the condition deemed unsafe and specifying time limitations for the required repairs or improvements to be made to render the structure or premises safe and secure.
1301:71-1-05 ((E)FM-105.4) Service of notice: (Added) The written notice of violation of this code shall be served upon the owner or occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of the same to such person in person, or by ordinary mail to the last known post office address, or by leaving it in the possession of any person in charge of the premises, or, if such person is not found upon the premises, by affixing a copy thereof in a conspicuous place at the entrance door or avenue of access, and such procedure shall be deemed equivalent of personal notice.
1301:7-1-05 ((F)FM-105.5) Failure to correct violations: (Added) If the notice of violation is not complied with within the time specified by the code official, the code official shall request the legal counsel of the jurisdiction to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or any order or direction made pursuant thereto. The police department of the jurisdiction shall be requested by the code official to make arrests for any offense against this code or orders of the code official affecting the immediate safety of the public.
1301:7-1-05 ((G)FM-105.6) Abatement of violation: (Added) The imposition of the penalties described in Section 1502.99 shall not prevent the legal officer of the jurisdiction from instituting an appropriate action to prevent unlawful construction, to restrain, correct or abate a violation or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.
   CHAPTER 1301:7-3 - ADOPTION, AMENDMENTS AND NOTICE PROVISIONS
1301:7-3-09 (FM-116.0) Citations and notices of hearing is hereby deleted.
(Ord. 96-284. Passed 12-2-96; Ord. 2007-8. Passed 2-20-07.)
1502.10 INVESTIGATION OF FIRES.
   Any officer of the Fire Division shall be vested with the power, and it shall be his or her duty, to investigate the cause of fire, examine witnesses, compel the attendance of witnesses and the production of books and papers, and do and perform all other acts necessary to the effective discharge of such duties.
   Such officer may administer oaths, make arrests pursuant to Ohio R.C. 737.27, and enter, for the purpose of examination, any building which, in his or her opinion, is in danger of fire. The officer shall report his or her proceedings to Council at such times as are required.
(Ord. 96-284. Passed 12-2-96.)
1502.99 PENALTY.
   Whoever violates or fails to comply with any of the provisions of this Fire Prevention Code, including the provisions of the Ohio Fire Code adopted in Section 1502.01, is guilty of a misdemeanor of the fourth degree for a first offense and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both. For a second offense within one year of the first offense, an offender is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both. For any subsequent offense within one year of the first offense, an offender is guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both. A separate offense shall be deemed committed each day a violation or noncompliance continues after due notice has been served.
(Ord. 96-284. Passed 12-2-96.)