Section
94.01 Title
94.02 Purpose
94.03 Applicability
94.04 Adoption of Fire Prevention Codes
94.05 Enforcement authority
94.06 Inspections
94.07 Emergency lanes
94.08 Air pollution and open burning
94.09 Right of entry
94.10 Investigation of fires
94.11 Fire records; reports
94.12 Violations; orders
94.13 Administrative review; appeals
94.99 Penalty
Cross-reference:
Private fire protection service, see § 51.35
Public fire protection: recovery of water costs, see § 51.42
The purpose and the intent of this code is to prescribe minimum requirements and controls to safeguard life, property or public welfare from the hazards of fire, explosion and air pollution arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots or premises.
(Ord. 31-1988, passed 8-2-1988)
(A) The provisions of this code and the building and fire safety rules of the Indiana Fire Prevention and Building Safety Commission shall apply equally to new and existing buildings and conditions. Exceptions:
(1) Existing conditions which do not constitute a distinct hazard to life or property;
(2) The transportation of any articles or substances under the jurisdiction of and in compliance with the regulations prescribed by the military forces of the United States.
(B) Nothing in this code shall be construed, interpreted or applied to abrogate, nullify or abolish any law, ordinance or code adopted by the city governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings specifically provided herein. When any provision of this code is found to be in conflict with any building, zoning, safety, health or other applicable law, ordinance or code of the city existing on the effective date of this code or hereafter adopted, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.
(C) The planning, design and construction of new buildings and structures to provide egress facilities, fire protection and built-in fire protection equipment shall be controlled by the building rules of the Indiana Fire Prevention and Building Safety Commission; any alterations, additions or changes in buildings required by the provisions of this code which are within the scope of the said building rules shall be made in accordance therewith.
(D) Buildings built under and in full compliance with the building and fire safety laws and rules in force at the time of construction or alteration thereof and that have been properly maintained and used for such use as originally permitted shall be exempt from the requirements of this code pertaining to any of the following matters:
(1) Fire protection of structural elements;
(2) Exits required, except as provided for existing buildings under this code;
(3) Isolation of hazardous operations and mixed uses; provided, however, that the Fire Chief shall require the installation of fire safety devices or systems (fire extinguishers, fire alarms, fire detection devices or similar systems) where they are necessary to provide safety to life. In lieu of requiring the installation of safety devices or systems or when necessary to secure safety in addition thereto, the Fire Chief shall prescribe limitations on the handling and storage of materials or substances or upon operations that are liable to cause fire, contribute to the spread of fire or endanger life or property. Any orders issued by the Fire Chief to obtain compliance with this subsection shall be governed by the provisions of I.C. 36-8-17-10.
(Ord. 31-1988, passed 8-2-1988)
(A) The following fire safety rules of the Indiana Fire Prevention and Building Safety Commission as set out in Article 22 of Title 675 of the Indiana Administrative Code are incorporated by reference in this code and shall include later amendments to that Article as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein: Article 22, Fire Prevention Codes:
(1) Indiana Flammable and Combustible Liquids and Gases Code;
(2) Indiana Fire Prevention Code.
(B) Copies of adopted fire safety rules, codes and standards are on file in the office of the Fire Prevention Bureau and City Clerk.
(Ord. 31-1988, passed 8-2-1988)
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