(a) No person shall serve as Municipal Fire Safety Inspector unless he/she has received a certificate issued by the Ohio Department of Public Safety, Division of EMS under former Ohio R. C. 3303.07 or ORC 4765.55 evidencing his/her satisfactory completion of a fire safety inspection training program. (ORC 3737.34). Only Municipal Fire Safety Inspectors may enforce Chapter 1501.
(b) Upon discovery of a violation of the Ohio Fire Code or the City of Kent Fire Prevention Code, in the sole discretion of the Municipal Fire Safety Inspector, the Municipal Fire Safety Inspector may seek to enforce the Ohio Fire Code or the City of Kent Fire Prevention Code, by initiating a criminal proceeding.
(1) For Municipal criminal proceedings, the complaint, warrant or summons, or the issuance of a citation in minor misdemeanor cases shall be, as is prescribed in the Ohio Rules of Criminal Procedure, by referencing the numerical designation of the applicable Municipal ordinance, including the specific provision of the Ohio Fire Code, or any order issued pursuant thereto, provided such order fixes a reasonable time for abatement of the violation. State enforcement proceedings for violation of Ohio R.C. Chapter 3737 or the Ohio Fire Code shall be as is prescribed in Ohio R. C. 3737.41 to 3737.46.
(2) A copy of such complaint or citation shall be prominently posted at or near each place a violation referred to occurs.
(3) Upon request of the Municipal Fire Safety Inspector, the Municipal Legal Officer shall institute and prosecute any necessary action or proceeding to enforce this chapter or Ohio R. C. Chapter 3737.
(c) Upon discovery of a violation of the Ohio Fire Code or the City of Kent Fire Prevention Code, in the sole discretion of the Municipal Fire Safety Inspector, the Municipal Fire Safety Inspector may seek to enforce the Ohio Fire Code or the City of Kent Fire Prevention Code, by issuing a Fire Safety Notice of Violation.
(1) The Fire Safety Notice of Violation will include but is not limited to:
i. The date the violation is issued.
ii. Pertinent code sections of the Ohio Fire Code or the City of Kent Fire Prevention Code that are being violated.
iii. Each violation will be numbered.
iv. Location of the property/business.
v. The person(s) owner/occupant being issued the citation.
vi. The signature of the Municipal Fire Safety Inspector.
(2) Service of Fire Safety Notice of Violation must be delivered by one or more of the following methods:
i. Hand delivered in person to business owner/occupant
ii. Certified Mail
iii. Electronic correspondence, if requested by the owner/ occupant
(3) Once Fire Safety Notice of Violation is issued:
i. The owner/occupant shall have thirty days (30) from the date on the Fire Safety Notice of Violation to correct the listed violations. The owner/occupant may contact the Fire Department Inspection Bureau before the end of the thirty day period if they wish to request a re-inspection prior to the end of the thirty day period. If a violation creates an immediate life safety hazard, the inspector may designate a shorter time frame to correct the violation.
ii. A re-inspection will be scheduled on or after the thirty day period.
iii. If all violations are corrected at the first re-inspection, no inspection fees will be assessed.
iv. If there are violations that are not corrected, then inspection fees in accordance with the fee chart in Section 1501.04
(f) may be imposed at the discretion of the Municipal Fire Safety Inspector.
v. Unless the violation creates an immediate life safety hazard, subsequent re-inspections shall be (15) days from the previous re-inspection.
vi. If the violations have not been corrected after four (4) re-inspections have been completed, a Notice of Citation may be issued.
(4) Bases to waive inspection fees after assessing a Fire Safety Notice of Violation pursuant to Section 1501.04
(c)(3)(iv) against a property owner may include but are not limited to:
i. If parts or equipment have been ordered to resolve the violation, then proof must be provided in the form of an invoice or receipt that the items have been ordered.
ii. A service professional has been scheduled to perform the necessary work. Proof must be provided in the form of an invoice or notice on company letterhead stating that the appointment has been scheduled.
iii. The business owner demonstrates reasonable progress on correcting violations.
iv. The interests of justice so require.
(d) Upon discovery of a violation of the Ohio Fire Code or the City of Kent Fire Prevention Code, in the sole discretion of the Municipal Fire Safety Inspector, the Municipal Fire Safety Inspector may seek to enforce the Ohio Fire Code or the City of Kent Fire Prevention Code, by issuing a Fire Safety Notice of Citation
(1) The Fire Safety Notice of Citation will include, but is not limited to:
i. The date the citation is issued.
ii. Pertinent code sections of the Ohio Fire Code or the City of Kent Fire Prevention Code that are being violated.
iii. Each violation will be numbered.
iv. Location of the property/business.
v. The person(s) owner/occupant being issued the citation.
vi. The signature of the Municipal Fire Safety Inspector.
vii. The possible penalty fee that may be imposed per violation.
viii. Each violation is subject to a fine of two hundred fifty dollars ($250.00) per violation.
(2) Service of Fire Safety Notice of Citation must be delivered by any of the following means:
i. Hand delivered in person to business owner/occupant (signature of person receiving document)
ii. Certified Mail (signature of person receiving document)
iii. Electronic correspondence, if requested by the owner/ occupant
(3) Once Fire Safety Notice of Citation is issued
i. Once a Notice of Citation is issued, an automatic fine of two hundred fifty dollars ($250.00) per violation will be levied.
ii. The owner/occupant shall have ten days (10) from the date on the Fire Safety Notice of Citation to correct the listed violations. The owner/occupant may contact the Fire Department Inspection Bureau before the end of the ten (10) day period if they wish to request a re-inspection prior to the end of the ten (10) day period. If a violation creates an immediate life safety hazard, the Municipal Fire Safety Inspector may designate a shorter time frame to correct the violation.
iii. A re-inspection will be scheduled on or after the ten (10) day period.
iv. If there are violations that are not corrected in the time frame allotted by the Municipal Fire Safety Inspector, a new citation of two hundred fifty dollars ($250.00) for each remaining violation may be issued at the discretion of the Municipal Fire Safety Inspector.
(4) Bases to reduce or waive the inspection fees and fines after assessing a Fire Safety Notice of Citation pursuant to Section 1501.04
(d)(3)(iv) against a property owner may include but are not limited to:
i. If parts or equipment have been ordered to resolve the violation, then proof must be provided in the form of an invoice or receipt that the items have been ordered.
ii. A service professional has been scheduled to perform the necessary work. Proof must be provided in the form of an invoice or notice on company letterhead stating that the appointment has been scheduled.
iii. The business owner demonstrates reasonable progress on correcting violations.
iv. The interests of justice so require.
(e) A Contractor for new construction or a large remodel may request a "partial inspections" of life safety systems.
(1) A Contractor requesting partial inspections must disclose the nature of the partial inspection to the Municipal Fire Safety Inspector when scheduling the inspection.
(2) A Contractor requesting partial inspections must disclose the nature of the partial inspection to the Municipal Fire Safety Inspector when scheduling the inspection.
(3) Prior to commencing the inspection, the Municipal Fire Safety Inspector and Contractor must designate which areas of the new construction or large remodel shall be subject to review during the partial inspection.
(4) If the Municipal Fire Safety Inspector and Contractor cannot agree on which areas shall be subject to inspection, the partial inspection request shall be denied.
(5) For convenience, the Municipal Fire Safety Inspector and Contractor may agree to divide a project into multiple areas for inspection purposes.
(6) Each specific area, for billing purposes only, shall be treated as a separate structure, allowing for no charge on the initial inspection and first re-inspection. At the Municipal Fire Safety Inspector's discretion, multiple re-inspections of the same area may incur a re-inspection fee.
(f) Fee Schedule Chart and Fine Chart.
EVENT
Charge*
Fine or Fee
Initial Inspection
$0
Not applicable
First re-inspection after issuing a Fire Safety Notice of Violation
$0
Not applicable
Second re-inspection after issuing a Fire Safety Notice of Violation
$50
Fee
Third re-inspection after issuing a Fire Safety Notice of Violation
$100
Fee
Fourth re-inspection after issuing a Fire Safety Notice of Violation
$100
Fee
Fire Safety Notice of Citation
$250 per violation
Fine
Acceptance testing initial inspection
$0
Not applicable
Acceptance testing re-inspection
$100
Fee
Life Safety System initial inspection
$0
Not applicable
Life Safety System re-inspeciton fee
$100
Fee
* This fee or fine is in addition to any and all prior fees or fines that have been assessed but not yet collected.
(g) Rights of Appeal.
(1) If a property owner receives a Fire Safety Notice of Violation or a Fire Safety Notice of Citation based upon a violation of the Ohio Fire Code, the property owner may appeal the Municipal Fire Safety Inspector's decision to the State of Ohio Board of Building Appeals in accordance with Ohio R.C. 3781.19.
(2) If a property owner receives a Fire Safety Notice of Violation or a Fire Safety Notice of Citation based upon a violation of the City of Kent Fire Prevention Code, the property owner may appeal the Municipal Fire Safety Inspector's decision to the City of Kent Fire Chief.
(i) An appeal under this ordinance must be delivered in writing to the City of Kent Fire Chief within fourteen (14) days of the date on the Fire Safety Notice of Violation or Fire Safety Notice of Citation.
(ii) If the appeal is received in a timely fashion, the City of Kent Fire Chief shall schedule a Hearing at the convenience of the parties, but no later than thirty (30) days of receiving the appeal.
(iii) The City of Kent Fire Chief may conduct the Hearing or appoint a representative or board of representatives to act as Hearing Officer(s).
(iv) The Hearing may be informal, but all witnesses shall be placed under oath and recorded. The City of Kent Fire Chief or the Hearing Officer(s) shall consider any sworn testimony and/or any written evidence submitted.
(v) The decision of the City of Kent Fire Chief or the Hearing Officer(s) shall be final, subject only to any appeal allowed under State of Ohio law.
(Ord. 2016-90. Passed 9-21-16.)