Loading...
(A) (1) The Fire Chief, his or her designee and/or a representative of the State Fire Marshall's office, shall cause to be inspected all structures and premises within the city, except for the interiors of private dwellings as defined in IC 36-8-7-8(b), which is adopted herein by reference.
(2) Whenever, in the enforcement of this code, the responsibility of more than one official of the city is involved, it shall be their duty to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors, nor to multiple or conflicting orders.
(B) For festivals, bazaars or community gatherings that take place within the city limits, the Fire Department shall inspect any booths or spaces that have cooking or warming equipment, or if the booth or space will be using any electrical appliances. The booths or spaces will be inspected in the following areas for fire prevention:
(1) No straw, hay bales or corn shucks inside of the booth area. All decorative materials shall comply with the state fire code.
(2) Tents or canopies may use steam tables or “Sterno” candles if they have proper containment receptacles; the Fire Department official will have final approval.
(3) All booths, except food preparation booths, shall have a portable fire extinguisher with a minimum rating of 2A-IOB-C.
(4) All food preparation booths using fryers or preparing food that produces grease-laden vapors shall have a Type K fire extinguisher.
(5) All electrical cords that are used must be UL-listed as outdoor-use electrical cords. Multi-plug adapters will not be allowed; only fusible power strips will be allowed.
(6) When cooking, the cooking surface must either be totally under the tent, or a minimum of ten feet away from all tents or structures.
(7) If using propane as a fuel source, the propane cylinder must be secured to prevent its falling or being kicked over.
(8) No gas, electric, or any cooking appliance will be allowed on a sidewalk area behind a booth space if it impedes the flow of foot traffic.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
Whenever necessary for the purpose of enforcing the provisions of this code, or whenever the Fire Chief or authorized fire inspector has reasonable cause to believe that there exists in any structure or upon any premises, any condition that makes such structure or premises unsafe, the Fire Chief shall be permitted to enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Fire Chief by this code; provided that, if such structure or premises be occupied, the Fire Chief or fire inspector shall first present proper credentials and request entry. If such entry is refused, the Fire Chief shall have recourse to every remedy provided by law to secure entry.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
The Fire Chief, or an authorized designee, shall investigate, or cause to be investigated, every fire, explosion or hazardous materials incident occurring within the jurisdiction of the Fire Department pursuant to IC 36-8-17-7, which is adopted by reference herein.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
(A) The Fire Chief shall keep a record of all fires and all facts concerning the same, including investigation findings, statistics, and information as to the cause, origin, and the extent of such fires, and damage caused thereby.
(B) The Fire Chief shall submit a report of each fire occurring within the city to the office of the State Fire Marshal in accordance with IC 36-8-17-7, and in such form as prescribed by that office.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
(A) Whenever the Fire Chief observes an apparent or actual violation of a provision of this code or other ordinances under the Fire Chief’s jurisdiction, the Fire Chief shall prepare a written notice of violation and order describing the condition deemed unsafe, and specifying a reasonable time for the required repairs or improvements to be made to correct such violation. The written notice of violation of this code shall be served upon the owner, a duly authorized agent, or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of same to such person by ordinary mail to the last known post office address, delivered in person or by delivering it to and leaving it in the possession of any person in charge of the premises, by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.
(B) If the notice of violation and order is not complied with within the time specified by the Fire Chief, and if no review of such order has been initiated under IC 36-8-17-10, the Fire Chief shall request the legal counsel of the city to institute the appropriate legal proceedings to restrain, correct, or abate such violation, or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this code, or of any order or direction made pursuant thereto.
(C) Temporary or emergency orders issued by the Fire Chief under IC 36-8-17-9(b) shall first be approved by the State Fire Marshal.
(D) When, in the opinion of the Fire Chief, there is actual or potential danger to the occupants or those in the proximity of any building, structure, or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases, or materials, the Fire Chief may issue an emergency order, with oral approval of the State Fire Marshal, for the immediate evacuation of said building, structure, or premises. All of the occupants so notified shall immediately leave the building, structure, or premises, and persons shall not enter or reenter until authorized to do so by the Fire Chief. Any person who shall refuse to leave, interfere with the evacuation of other occupants, or continue any operation after having been given an evacuation order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed in violation of this code.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17) Penalty, see § 92.99
(A) A person who is aggrieved by an order issued pursuant to § 92.29 or IC 36-8-17-9, shall have an opportunity to informally discuss the order with the State Fire Marshal, who may modify or reverse the order.
(B) An order issued pursuant to § 92.29
or IC 36-8-17-9, or an order affirmed or modified by the State Fire Marshal, may be appealed to the Indiana Fire Prevention and Building Safety Commission under IC 4-21.5-3-7.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
The City Attorney, upon receipt of a written notice from the Fire Chief, that having been issued a lawful notice and order to abate a violation of this code, and after a reasonable time for compliance has expired, shall bring action in the circuit or county court, for the mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Fire Chief, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this subchapter.
(Ord. 1988-18, passed 11-15-88; Am. Ord. 2017-7, passed 7-5-17)
Loading...