1502.09  AMENDMENTS.
   The Ohio Fire Code adopted in Section 1502.01 is hereby amended as follows:
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.
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.)