PART FIFTEEN - FIRE PREVENTION CODE
            Chap. 1501.   Ohio Fire Code.
            Chap. 1511.   Open Burning.
            Chap. 1515.   Hazardous Materials Incidents.
CHAPTER 1501
Ohio Fire Code
1501.01   Adoption.
1501.02   Purpose.
1501.03   Application.
1501.04   Enforcement.
1501.05   Compliance.
1501.06   Posting arson laws.
1501.07   Setting fires which spread.
1501.08   Unfriendly fires in buildings; alarm duties.
1501.09   Disclosure of true Fire Safety Inspector status.
1501.10   Fire equipment sale or use; certification of installers.
1501.11   Copies.
1501.12   Conflict.
1501.13   Inspection of structures, buildings and premises.
1501.14   Maintenance.
1501.99   Penalty.
   CROSS REFERENCES
   See section histories for similar State law
   Appeals of orders - see Ohio R.C. 119.12
   State certification of firefighters - see Ohio R.C. 737. 08, 737.22, 3737.33
   State certification of Fire Safety Inspectors - see Ohio R.C. 3737.34
   Fire investigation - see Ohio R.C. 737.27, 3737.24 et seq.
   Entry and inspection - see Ohio R.C.  3737.14, 3737.41, 3737.42
   Common Pleas Court jurisdiction - see Ohio R.C. 3737.51(H)
   Ohio Fire Code, - see Ohio R.C. 3737. 82 et seq. ; OAC Ch. 1301:7-1 et seq.
   Fire extinguishing and alarm systems in rest and nursing homes - see Ohio R.C. 3721.071
   Self-service filling stations - see Ohio R.C. 3741.14
   Fire Code violations - see Ohio R.C. 3737.41 et seq.
1501.01   ADOPTION.
   (a)   Pursuant to Ohio R.C. 731. 231, there is hereby adopted by the Municipality, the Ohio Fire Code (OFC) as adopted by the Ohio Division of State Fire Marshal, Department of Commerce, effective June 1, 1985, and as published in Division 1301:7 of the Ohio Administrative Code (OAC), except OAC Section 1301:7-3-09 which is excluded.
   (b)   The BOCA Basic/National Fire Prevention Code, 1954, sixth edition, as amended by Chapters 1301:7-1 to 1301:7-7 of the Ohio Administrative Code, as published by the Building Officials and Code Administrators International, Inc. is incorporated herein as fully as if set out at length.
1501.02   PURPOSE.
   The purpose of the Ohio Fire Code as adopted herein is to prescribe minimum standards and regulations governing conditions hazardous to life and property from fire or explosion.
1501.03   APPLICATION.
   The Ohio Fire Code as adopted herein applies to the use of all lands and properties within the Municipality and such other lands or properties owned by the Municipality which are situated outside the corporate limits thereof.
1501.04   ENFORCEMENT.
   (a)   No person shall serve as a fire safety inspector unless he has received a certificate issued under former Ohio R.C. 3303.07 or Ohio R.C. 4765.55 evidencing his satisfactory completion of a fire safety inspector training program.
(ORC 3737.34)
   (b)   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.
   (c)   A copy of such complaint or citation shall be prominently posted at or near each place a violation referred to occurs.
   (d)   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.
1501.05   COMPLIANCE.
   (a)   No person shall knowingly violate any provision of the State Fire Code or any order made pursuant to it.
(ORC 3737.51(A))
   (b)   No person shall fail to comply with the fire prevention measures or fire protection activities as prescribed in the Ohio Fire Code, or fail to obtain a permit or license for the various uses or activities as required by such Code, or fail to comply with the Municipal application and plan submission and processing requirements including payment of the fees designated therefor.
1501.06   POSTING ARSON LAWS.
   The owner, operator or lessee of any hotel, motel or transient residential building shall post the provisions of R.C. §§ 2909.02 and 2909.03, regarding aggravated arson and arson, in a conspicuous place in each room occupied by guests in such building.  The owner, operator or lessee of any nontransient 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.
(ORC 3737.61)
1501.07   SETTING FIRES WHICH SPREAD.
   No person shall set, kindle, or cause to be set or kindled any fire which, through his or her negligence, spreads beyond its immediate confines to any structure, field or wooded lot.
(ORC 3737.62)
1501.08   UNFRIENDLY FIRES IN BUILDING; ALARM DUTIES.
   (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 state building code, upon the discovery of an unfriendly fire, or upon receiving information that there is an unfriendly fire upon 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)   As used in this section, UNFRIENDLY FIRE means a fire of a destructive nature as distinguished from a controlled fire intended for a beneficial purpose.
(ORC 3737.63)
1501.09   DISCLOSURE OF TRUE FIRE SAFETY INSPECTOR STATUS.
   No person who is not a certified fire safety inspector 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)
1501.10   FIRE EQUIPMENT SALE OR USE; CERTIFICATION OF INSTALLERS.
   (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 State Fire Marshal in the Ohio Fire Code.
   (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 or a provisional certificate issued by the State Fire Marshal pursuant to Ohio R.C. 3737.65.
(ORC 3737.65(A), (B))
1501.11   COPIES.
   Copies of Codes as adopted in this chapter are on file with the Council Clerk for inspection by the public, and also on file in the County Law Library, and the Clerk has copies available for distribution to the public at cost.
1501.12   CONFLICT.
   (a)   The Ohio Basic Building Code shall supersede and govern any order, standard, rule or regulation of the Ohio Fire Code or the Division of State Fire Marshal, Department of Commerce in all cases where such orders, standards, rules or regulations are in conflict with the Ohio Basic Building Code.
(OAC 4101:2-1-04(B))
   (b)   In all other cases of conflict between the Ohio Fire Code and any other Municipal ordinance or technical code adopted thereby, the more restrictive provision shall govern.
1501.13   INSPECTION OF STRUCTURES, BUILDINGS AND PREMISES.
   (a)   It shall be the duty of the fire chief or a certified fire inspector acting on behalf of the Lisbon Village Fire Department to inspect or cause to be inspected all structures, buildings, and premises utilized for commercial or industrial use, or for residential premises to be used as rental units as defined in Section 719.02 of the Village Code of Ordinances, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, endanger life from fire, or any violation of the provisions or intent of this Code and of any other ordinance affecting the fire hazard.
   (b)   The owner, operator, or occupant of every dwelling unit may, upon the request of the fire chief or a certified fire inspector acting on behalf of the Lisbon Village Fire Department, give said official free access to the property, at reasonable times, for the purpose of inspection. In the event access to the premises is refused, the official may seek an administrative warrant from a court of competent jurisdiction in order to gain access to the premises. In the event an administrative warrant cannot be obtained, then the inspection shall include only those items which can be inspected by lawful means.
   (c)   Fire inspections of residential rental properties may also be requested by the tenant, by the landlord, or at the request of a law enforcement official acting in an official capacity.
(Ord. 2047-19.  Passed 8-13-2019.)
1501.14   MAINTENANCE.
   (a)   The owner or person in control of a structure, building, or premises shall ensure the safe and proper maintenance of the building, structure, or premises or lot at all times pursuant to the Codified Ordinances of the Village of Lisbon and any other applicable laws. In all new and existing buildings and structures the fire protection equipment, means of egress, alarms, devices, and safeguards required by this Code and other jurisdictional ordinances shall be maintained in a safe and proper operating condition in accordance with the Ohio Fire Code and applicable referenced standards.
   (b)   If an occupant of a building creates conditions in violation of this Code, by virtue of storage, handling and use of substances, materials, devices and appliances, he or she can be held responsible for the abatement of said hazardous conditions.
(Ord. 2047-19.  Passed 8-13-2019.)
1501.99   PENALTY.
   (a)   Criminal Penalties.
      (1)   Except as a violation of R.C. § 2923.17, regarding the felonies of unlawful possession of a dangerous ordnance and illegal manufacture or processing of explosives, involves subject matter covered by the State Fire Code, whoever violates Section 1501.05(a) is guilty of a misdemeanor of the first degree.
(ORC 3737.99(B))
      (2)   Whoever violates Sections 1501.05(b) or 1501.06 is guilty of a minor misdemeanor.
(ORC 3737.99(C))
      (3)   Whoever violates Section 1501.07 or 1501.09 is guilty of a misdemeanor of the fourth degree.
(ORC 3737.99(D))
      (4)   Whoever violates Section 1501.08 or 1501.10 is guilty of a misdemeanor of the third degree.
(ORC 3737.99(E))
   (b)   Civil Penalties.
      (1)   Any person who has received a citation for a serious violation of the Ohio Fire 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.
      (2)   Any person who has received a citation for a violation of the Ohio Fire 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.
      (3)   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 ($1,000) for each day during which such failure or violation continues.
      (4)   Any person who violates any of the posting requirements, as prescribed by Ohio R.C. 3737.42 shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
      (5)   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 chapter.
      (6)   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.
      (7)   Civil penalties imposed by this chapter shall be paid to the fire marshal for deposit into the general revenue fund. Such penalties may be recovered in a civil action in the name of the state brought in the court of common please of the county where the violation is alleged to have occurred.
(ORC 3737.51(B) to (H))