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))