PART SIXTEEN - FIRE PREVENTION CODE
      Chap. 1600.  General Provisions.
      Chap. 1602.  Fire Protection Requirements.
      Chap. 1604.  Fire Protection Systems.
      Chap. 1606.  Alarms.
      Chap. 1608.  Fireworks.
      Chap. 1610.  Commission on Public Safety.
      Chap. 1612.  Inspections.
      Chap. 1699.  Penalties.
CHAPTER 1600
General Provisions
   1600.01   Title and purpose.
   1600.02   New and existing structures.
   1600.03   Ohio Fire Code adopted.
   1600.04   File and distribution copies.
   1600.05   Enforcement.
   1600.06   Conflict of laws.
   1600.07   Bureau of Fire Prevention.
   1600.08   Powers and duties of the Bureau.
   1600.09   Application of Building Code.
   1600.10   Existing buildings or structures.
   1600.11   Elimination of dangerous or hazardous conditions.
   1600.12   Setting fires which spread.
   1600.13   Responsibilities upon discovery of unfriendly fires.
   1600.14   Sale and use of fire equipment; standards, service and repair.
   1600.15   Service of orders.
   1600.16   Violations; orders to vacate premises.
   1600.17   School fire drills and tornado drills.
   1600.18   Alarm systems.
   1600.99   Penalty.
   CROSS REFERENCES
      Power to regulate elevators, stairways and fire escapes - see Ohio R.C. 715.26
      Adoption of technical codes - see Ohio R.C. 731.231
      Power to regulate against fires - see Ohio R.C. 737.21, 737.37
      Investigation of fires - see Ohio R.C. 737.27, 3737.08
      Hotels - see Ohio R.C. Ch. 3731
      State Fire Marshal - see Ohio R.C. Ch. 3737
      Right to examine buildings - see Ohio R.C. 3737.14
      Gasoline, oils and paints - see Ohio R.C. Ch. 3741
      Fireworks - see Ohio R.C. Ch. 3743; GEN. OFF. 672.12
      Fire Division - see ADM. Ch. 240
      Designation of nonsmoking areas by Chief - see ADM. 240.14
      Vehicles transporting explosives - see TRAF. 440.04
      Arson - see GEN. OFF. 642.09
      False alarms - see GEN. OFF. 648.08, 648.09
      Storage of explosives - see GEN. OFF. 672.16
      Plans for commercial structures to be filed with Fire Department - see B. & H. 1448.01
      Smoke and carbon monoxide (CO) detectors - see B. & H. Ch. 1476
      Fire protection for commercial buildings - see B. & H. 1448.01 et seq.
1600.01   TITLE AND PURPOSE.
   (a)   This Part Sixteen shall be known as the Fairlawn Fire Prevention Code (FFPC).
   (b)   The purpose and the intent of this code is to prescribe minimum requirements and controls to safeguard life, property or public welfare from fire and explosion arising from the storage, handling, or use of substances, materials, or devices, and from conditions hazardous to life, property, or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots, or premises. All matters not covered in this code shall comply with the accepted engineering practice standard.
   (c)   For the purpose of this code the words “business or commercial occupancies” shall mean the Occupancy Groups A, B, E, F, I, H, S, R-1, R-2, R-3 in the building code adopted by the Ohio Board of Building Standards, known herein as OBC.
   (d)   The Director of Public Safety shall have the right to delegate his or her authority in this code to a designee or designees.
(Ord. 2001-004. Passed 3-5-01; Ord. 2006-119.  Passed 2-5-07 .)
1600.02   NEW AND EXISTING STRUCTURES.
   (a)   The provisions of this code shall apply equally to new and existing buildings and conditions, as hereinafter provided.
   (b)   Exception: existing conditions not in strict compliance with these requirements shall be permitted to continue where the exceptions do not constitute a distinct hazard to life in the opinion of the Fire Chief.
(Ord. 2001-004. Passed 3-5-01.)
1600.03   OHIO FIRE CODE ADOPTED.
   (a)   There is hereby adopted by the City, for the purpose of prescribing regulations governing conditions hazardous to life, property and public welfare from fire and explosion, the current edition of that certain code known as the Ohio Fire Code (OFC) recommended by the Ohio Fire Marshal, Department of Commerce, State of Ohio and the whole thereof except as modified herein. (See Chapter 1422 of the Codified Ordinances for adoption of the OBC.)
   (b)   No person shall fail to comply with the requirements of this code or the OFC adopted.
(Ord. 2001-004. Passed 3-5-01; Ord. 2006-119.  Passed 2-5-07.)
1600.04   FILE AND DISTRIBUTION COPIES.
   (a)   A complete copy of the adopted edition of the OFC shall be on file with the Clerk of Council for inspection by the general public.
(Ord. 2001-004. Passed 3-5-01; Ord. 2006-119.  Passed 2-5-07.)
1600.05   ENFORCEMENT.
   The OFC and this code shall be enforced by the Bureau of Fire Prevention under the direction of the Director of Public Safety.
(Ord. 2001-004. Passed 3-5-01.)
1600.06   CONFLICT OF LAWS.
   In the event there is a conflict between any of the provisions of the OFC and a chapter of this code or any other City ordinance or provision, the more restrictive provisions shall prevail.
(Ord. 2001-004. Passed 3-5-01.)
1600.07   BUREAU OF FIRE PREVENTION.
   (a)   Establishment. A Bureau of Fire Prevention is hereby established in the Fire and Emergency Rescue Division of the City.
   (b)   Chief of the Bureau of Fire Prevention. The Chief of the Fire and Emergency Rescue Division shall be the Chief of the Bureau of Fire Prevention.
   (c)   Delegation of Duties. The Bureau Chief shall have the right to delegate his or her duties.
   (d)   Enforcement; Responsibilities of Municipal Fire Safety Inspector.
      (1)   No person shall serve as a Municipal Fire Safety Inspector unless he or she has received a certificate issued by the Ohio Superintendent of Public Instruction under Ohio R.C. 3303.07 evidencing his or her satisfactory completion of a Fire Safety Inspection training program.
(ORC 3737.34)
      (2)   The Chief of the Bureau of Fire Prevention or his or her designee, upon examination or inspection, shall issue citations when he or she finds conditions as specified in Ohio R.C. 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 shall be by use of the procedures established by the jurisdiction having authority or Ohio R.C. 3737.42 for hearing on the citation or Ohio R.C. 3737.44 for injunctive relief or a temporary restraining order and oral order for vacation of the building or premises.
      (3)   The Chief of the Bureau of Fire Prevention, upon reasonable belief and after inspection or investigation, shall with reasonable promptness, authorize the issuance of a citation to the responsible person for a violation of the OFC or this code. The citation shall fix a reasonable time for abatement of the violation. Each citation issued under this subsection shall be prominently posted by the responsible person at all entrances to the premises where the citation occurred.
      (4)   Upon request of the Chief of the Bureau of Fire Prevention, the Law Director shall institute and prosecute any necessary action or proceeding to enforce this chapter in the jurisdiction having authority or in accordance with Ohio R.C. Chapter 3737.
   (e)   Inspections.  No person who is not a certified Fire Safety Inspector employed by the City shall act as such or hold himself or herself out to be such unless prior to commencing any inspection function he or she discloses the purpose for which he or she is making such inspection and the fact that he or she is not employed by any state or local fire service or agency and that he or she is not acting in an official capacity for any governmental subdivision or agency.
(ORC 3737.64)
   (f)   Posting Arson Laws.  The owner, operator or lessee of any transient residential building shall post the provisions of Ohio R.C. 2909.02 and 2909.03 in a conspicuous place in each room occupied by a guest in such building. The owner, operator or lessee of any non-transient residential building, institution, school or place of assembly shall post the provisions of such sections in conspicuous places upon such premises. No person shall fail to comply with this section.
   (g)   Right of Appeal.  Any order issued under the requirements of this code shall forthwith be complied with by the owner or occupant of such premises or building. Such owner or occupant may, within 24 hours, appeal the order to the Commission on Public Safety. The Commission shall, within five working days, review the order and file their decision thereon and the time of compliance shall be established by the Director of Public Safety.
(Ord. 2001-004. Passed 3-5-01.)
1600.08   POWERS AND DUTIES OF THE BUREAU.
   (a)   It shall be the duties of the officers and persons of the Bureau of Fire Prevention to enforce all laws and ordinances regulating the following:
      (1)   The prevention of fires.
      (2)   The maintenance of the storage and use of explosives and flammables (as approved by the authority having jurisdiction).
      (3)   The maintenance of automatic and other fire alarm systems and fire suppression equipment.
      (4)   The maintenance of the means of egress established for the Ohio Basic Building Code Occupancies in force at the time the building was erected and all other places where numbers of persons work, live, or congregate for any purpose.
      (5)   The investigation of the cause, origin and circumstances of fires.
      (6)   The prevention of overcrowding of any premises.
   (b)   They shall have such other powers and perform such other duties as may be conferred and imposed from time to time by law, assigned by the Director of Public Safety or the Fire Chief or their designee.
(Ord. 2001-004. Passed 3-5-01.)
1600.09   APPLICATION OF BUILDING CODE.
   (a)   The planning, design and construction of new buildings and structures shall be controlled by the OBC and any alterations, additions, or changes in buildings or structures that are within the scope of the OBC and shall be made only in conformance therewith or as required by the Codified Ordinances of the City.
(Ord. 2001-004. Passed 3-5-01; Ord. 2006-119.  Passed 2-5-07.)
1600.10   EXISTING BUILDINGS OR STRUCTURES.
   (a)   Buildings built under, and in full compliance with the Building Code in force at the time of construction or alteration, and that have been properly maintained, in the approved condition, and used for the approved purpose, shall be exempt from the requirements of this code pertaining to:
      (1)   Exits required, except as provided for existing buildings under the building code; and
      (2)   Hazardous operations. The fire official may prescribe limitations on the handling and storage of materials and substances that are liable to cause fire or endanger life using this code, the OBC or the OFC as the guideline.
(Ord. 2001-004. Passed 3-5-01; Ord. 2006-119.  Passed 2-5-07.)
1600.11   ELIMINATION OF DANGEROUS OR HAZARDOUS CONDITIONS.
   (a)   Whenever the fire official or his or her designated representatives shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, they shall order such conditions abated in accordance with this code and subject to Section 1600.16:
      (1)   Conditions that are liable to cause or contribute to the spread of fire that would endanger persons.
      (2)   Conditions that would interfere with the operation of any fire suppression equipment.
      (3)   Obstructions to any required means of egress as established by the OBC or the OFC.
      (4)   Accumulation of grease in or on kitchen equipment and the exhaust systems.
      (5)   Excessive storage of combustible materials.
      (6)   All equipment, materials, processes or operations which are in violation of the provisions of the intent of this code.
      (7)   The owner or tenant shall be responsible for the maintenance of a building or premises at all times in accordance with its Certificate of Occupancy or Zoning Use Certificate issued by the authorities having jurisdiction.
      (8)   The owner of any premises in the City of Fairlawn shall prohibit the use of open flames in violation of the Ohio Fire Code Section H 308, titled “Open Flames,” as herein adopted.
(Ord. 2001-004. Passed 3-5-01; Ord. 2006-119.  Passed 2-5-07.)
1600.12   SETTING FIRES WHICH SPREAD.
   No person shall set, kindle or cause to be set or kindled any fire which, through his negligence, spreads beyond its immediate confines to any structure, field or wood lot.
(Ord. 2001-004. Passed 3-5-01.)
1600.13   RESPONSIBILITIES UPON DISCOVERY OF UNFRIENDLY FIRES.
   (a)   The owner, operator or lessee, an employee of any owner, operator or lessee, an occupant, and any person in direct control of any building regulated under the OBC and Fairlawn Codified Ordinances, upon the discovery of an unfriendly fire or upon receiving information that there is an unfriendly fire on the premises, shall immediately and with all reasonable dispatch and diligence call or otherwise notify the Fire Department concerning the fire and shall spread an alarm immediately to all occupants of the building.
   (b)   For the purposes of this section, “unfriendly fire” means a fire of a destructive nature as distinguished from a controlled fire intended for a beneficial purpose.
   (c)   No person shall fail to comply with this section.
(Ord. 2001-004. Passed 3-5-01.)
1600.14SALE AND USE OF FIRE EQUIPMENT; STANDARDS; SERVICE AND REPAIR OF EQUIPMENT.
   (a)   No person shall sell, offer for sale, or use any fire protection or fire fighting equipment that does not meet the minimum standards established by the Ohio Fire Marshal in the OFC.
   (b)   Except for public and private mobile fire trucks, no person shall service, test, repair or install for profit any fire protection or fire fighting equipment without a certificate issued by the Ohio Fire Marshal.
(Ord. 2001-004. Passed 3-5-01.)
1600.15   SERVICE OF ORDERS.
   The service of all orders mentioned in this code shall be made to the owner or occupant in writing, either by delivering the order to the occupant or owner personally or by delivering same to and leaving it with any person in charge of the premises, or in the case no person is found on the premises by affixing same to the door or in a conspicuous place and by mailing a copy to the last known address of the owner.
(Ord. 2001-004. Passed 3-5-01.)
1600.16   VIOLATIONS; ORDERS TO VACATE PREMISES.
   (a)   Whenever the Fire Chief or his or her designee concludes that conditions or practices in any building or upon any premises which violate any of the provisions of the OFC, as adopted in Section 1600.03, or of these Codified Ordinances, are such that a fire, explosion or life-safety hazard exists which could reasonably be expected to cause death or serious physical harm, he or she shall inform the owner, operator, lessee, occupant, and any other affected persons of the danger and that he or she is seeking relief from the hazards. If necessary to preserve life, the Fire Chief or his or her designee may orally order the building or premises vacated immediately. Such an order shall remain in effect until the Fire Chief or his designee authorizes the reuse of the premises. In addition, the Fire Chief or his or her designee making the order shall post written notice of such action in conspicuous places on the building or premises.
   (b)   The removal of any legally posted order by the Fire Chief or his designee shall constitute a violation of this Chapter.
   (c)   Whenever the Fire Chief concludes that the occupancy load is in excess of that prescribed on the Occupancy Certificate issued by the authority having jurisdiction, he or she shall immediately order the premises vacated in its entirety and then to permit only the approved occupancy load to re-enter.
(Ord. 2001-004. Passed 3-5-01; Ord. 2006-119.  Passed 2-5-07.)
1600.17   SCHOOL FIRE DRILLS & TORNADO DRILLS.
   All public, private or parochial schools and educational institutions shall have at least those fire drills required in the OFC FM-703.1 and tornado drills, in accordance with OFC FM-708.01 et seq. when in session, and shall keep all doors and exits of the educational facility unlocked from the inside during hours of occupancy.
(Ord. 2001-004. Passed 3-5-01.)
1600.18   ALARM SYSTEMS.
   (a)   All alarm systems installed in or on any building or structure within the City of Fairlawn shall be in compliance with the Ohio Building Code, Ohio Fire Code, Ordinances of the City of Fairlawn and any conditions imposed upon it by the City of Fairlawn Planning Commission prior to the issuance of a Zoning Use Certificate. This shall include the 911 system verification to the proper dispatch location.
(Ord. 2001-004. Passed 3-5-01; Ord. 2009-159A.  Passed 2-8-10.)
1600.99   PENALTY.
   (a)   Any person, firm, partnership, association or corporation violating any provision of this chapter shall be subject to the fines and penalties described in Chapter 1699. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 2009-159A.  Passed 2-8-10.)