(A) Police powers. The Fire Marshal, by virtue of his or her office, shall be vested with full police powers in the city.
(B) Authority to enter premises. The Fire Marshal or any inspector of the Fire Prevention Division may at all reasonable hours, enter any building, structure or premises, without hindrance, for the purpose of making any inspection or investigation which, under the provisions of this subchapter, he, she or they may deem necessary to be made. The management or the person in control of the premises shall provide assistance as is required in making the inspection or investigation.
(C) Inspections of buildings and premises.
(1) It shall be the duty of the Fire Chief to cause to be inspected by the Fire Marshal or his or her duly authorized representatives, all buildings, structures and premises, except the interiors of dwellings, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, endanger life or property from fire or explosion, or any violations of the provisions or intent of this subchapter and of any other regulation affecting the fire or explosion hazard.
(2) The Fire Marshal or any inspector of the Fire Prevention Division, may upon complaint of any person or whenever he, she or they shall deem it necessary, shall inspect any building, structures or premises within their jurisdiction.
(D) Orders to eliminate dangerous or hazardous conditions.
(1) Upon inspection or investigation, and when in the judgment of the Fire Marshal any building, structure, premises, installation, equipment, container, device or material is found to be unsafe or in a condition dangerous to life or property, or in violation of any of the laws of the state or the ordinances of the city, the Fire Marshal, any inspector of the Fire Prevention Division and any authorized member of the Fire Department is hereby empowered to order in writing the violations or dangerous conditions be remedied or removed in a manner as may be specified by the Fire Marshal.
(2) In instances as he or she may deem necessary, the Fire Marshal may order to close, evacuate or condemn for use, any building, structure, premises, installation, equipment, device or material in a manner prescribed in division (F) below.
(E) Issuance and service of orders.
(1) The issuance of orders for the correction of violations or abatement of a hazardous or dangerous condition shall be directed to the person, firm, partnership, association, company or corporation in control of the premises or installation, or the person responsible for the condition, as the circumstances may require. It is hereby made the duty of the person, firm, partnership, association, company or corporation to comply with orders with all due diligence and dispatch, and within the time limit as specified.
(2) The service of the orders may be made to any one or all, the owner, occupant, person in control of, or person responsible for the condition, either by personal service, by leaving with any person in charge of the premises, or by sending a copy of the orders through the mail to the last known address of the person to whom the orders are directed. Service of orders should meet legal service requirements if failure to obey is a misdemeanor offense, i.e. certified mail.
(F) Authority to close or condemn for use. The Fire Marshal, acting by authority of the Fire Chief, shall have the power and it shall be his or her duty to order closed and/or evacuated any premises, building or structure, or condemn for use any installation, machinery, equipment, vehicle, device, container or material which, in his or her judgment, constitutes an immediate distinct hazard to life or property. In these cases, the Fire Marshal shall properly placard or affix a red tag, stating the cause for closing and/or evacuating the premises, structure or building, or condemning for use the installation, machinery, equipment, vehicle, device, container or material until the cause for the closing and/or evacuating, or for the condemnation has been corrected and the removal or the placard or red tag has been approved by the Fire Marshal in writing.
(G) Special assignments. Whenever, in the judgment of the Fire Marshal, acting under the direction of the Fire Chief, in the interest of the safety of the people of the city it shall be necessary to have the Fire Department or other agencies or departments of the city assign for duty members and/or equipment in any building, structure or premises, the members and/or equipment shall be assigned to that duty. The cost thereof may be charged by the agency or department to the owner or occupant creating the condition necessitating the assignment. Upon failure of the owner or occupant to reimburse the city for costs, the charge thereof shall be referred to the Legal Department for collection.
(H) Authority to seize and dispose. The Fire Marshal is hereby empowered and shall have the authority to seize, take, properly dispose of, remove or cause to be removed at the expense of the owner any material or device creating an immediate distinct hazard by fire or explosion to life or property.
(I) Revocation of permit. The Fire Marshal may revoke a permit or approval issued if any violation of this subchapter or any ordinance of the city is found upon inspection, or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
(J) Authority to promulgate rules and regulations and adopt standards.
(1) A certain document, a copy of which is on file in the Office of the City Clerk of the City of Hamtramck, being marked and designated as the International Fire Code, 2018 Edition, and Appendices A - N of the International Fire Code (together “International Fire Code”), be adopted as the Fire Prevention Code of the City of Hamtramck for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life and property in the occupancy of buildings and premises in the City of Hamtramck and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions and terms of such uses or operations; and each and all of the regulations, provisions, conditions and terms of such International Fire Code, published by the International Code Council, on file in the Office of the City Clerk are referred to, adopted and made a part of the City of Hamtramck City Ordinances, as if laid out here in full.
(2) In addition to enforcing all the laws of the state and the ordinances of the city, where he or she is designated as an enforcing officer, the Fire Marshal is hereby given authority to promulgate and enforce rules and regulations based upon the official Fire Prevention Code.
(K) Duty to abate and control certain hazards. It is made the duty of the Fire Marshal and he or she is hereby empowered to abate and control the fire and explosion hazard or hazardous conditions arising from:
(1) Defective, unapproved, improperly installed or used equipment, devices, containers, machinery, vehicles or installation, or using, storing or handling combustible, flammable, explosive or otherwise hazardous materials;
(2) Unlawful amounts of combustible, flammable, explosive or otherwise hazardous materials;
(3) Accumulations of rubbish, wastepaper, boxes, shavings or other highly combustible or flammable materials;
(4) Accumulations of dust or waste material in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts;
(5) Obstructions to or on private roads or walkways, fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire;
(6) Any building, structure or premises which for want of repairs, improper use, lack of adequate exit facilities, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age or dilapidated condition, or from any cause, creates a hazardous condition; and
(7) Prohibited acts. It is prohibited to barbeque on porches, balconies or decks of dwelling units, multiple- or multiple-single dwelling units or any unit within ten feet of any combustible building, roofs, ceilings, extensions, overhangs or any other common combustible.
(a) To facilitate compliance with provisions of this division the management or owner of the units shall notify each tenant in writing of the regulations pertaining to this subchapter, at the time the tenant initially occupies the unit and from time to time thereafter as requested by the Fire Prevention Bureau;
(b) In multiple-family dwellings or multiple single-family dwellings which are under individual ownership, (such as condominium or cooperative share ownership), the owners shall be responsible for giving the notice to the occupant;
(c) A building or portion thereof containing more than two dwelling units which are not classified as a multiple-single family dwelling unit; and
(d) Multiple-single family dwelling units are to mean a building containing more than one dwelling unit where each unit has a separation between living areas and had an independent means of egress from the unit.
(L) Assistance of other departments.
(1) The Chief of Police and his or her assistants are hereby empowered and it is made their duty to assist the Fire Marshal in the enforcement of any order for the closing and/or evacuating of any building, structure or premises.
(2) Whenever it shall be necessary in the judgment of the Fire Marshal or his or her authorized representative to call upon any other department or agency in the city for aid or assistance in carrying out or enforcing any law of the state or ordinance of the city, they shall have the authority to do so, and it shall be the duty of the members of the various departments, authorities or agencies when called upon by the Fire Marshal or his or her duly authorized representative to perform the duty as may be required of them in order to enforce the provisions of any law of the state or ordinance of the city and to make prompt reports in writing of the investigation, inspection and/or action. These reports shall be kept on file by the Fire Marshal.
(M) Authority of other departments. Nothing in this subchapter shall be construed as limiting the authority of other city departments in making inspections under their respective regulations. All applicable ordinances and regulations of the city shall be adhered to.
(Ord. 307, passed 3-28-1967; Am. Ord. 319, passed 10-14-1969; Am. Ord. 443, passed 7-22-1993; Am. Ord. 2008-13, passed 12-9-2008; Am. Ord. 2011-3, passed 6-14-2011; Am. Ord. 2016-03, passed 9-6-2016; Am. Res. 2018-97, passed 1-8-2019)