(A) Criminal Penalties. Unless otherwise specifically provided, whoever violates any of the provisions of this Part Sixteen - Fire Prevention Code, including the provisions of the Fire Prevention Code herein adopted, or fails to comply therewith, or violates or fails to comply with any order made thereunder, or builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the Building Appeals Board or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively be guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00). Whoever is guilty of a second or subsequent offense within one year of a prior conviction is guilty of a misdemeanor of the fourth degree. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, a separate offense shall be deemed committed each ten days that prohibited conditions are maintained.
(B) Fire Code Violations; Civil Penalties.
(1) No person shall knowingly violate any provision of the State Fire Code or any order made pursuant to it.
(2) Any person who has received a citation for a serious violation of this Fire Prevention Code or any order issued pursuant to it shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(3) Any person who has received a citation for a violation of this Fire Prevention Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(4) Any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction may be assessed a civil penalty of not more than one thousand dollars for each day during which such failure or violation continues.
(5) Any person who violates any of the posting requirements, as prescribed by Ohio R.C. 3737.42(C), shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
(6) Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged and the history of previous violations shall be given whenever a penalty is assessed under this section.
(7) For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not with the exercise of reasonable diligence, know of the presence of the violation.
(C) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. 203-89. Passed 12-4-89.)