(a) The Fire Chief for the City of Martinsburg, or any person deputized as set out herein below, and who is properly qualified and authorized by the Fire Chief, may issue citations for violations of the Fire Code for fire and life safety violations of the City Code, and as provided by the Rules and Regulations as set out by the City for the fire and life safety. A summary report shall be issued by the Fire Chief, and by all deputies as appointed by the Fire Chief, to the City Manager, containing such information that the City Manager may require, including, but not limited to, the violation for which the citation was issued, the date of issuance, the name of the person issuing the citation and the person to whom the citation was issued. Such report shall be submitted annually. The Fire Chief may appoint as a deputy any person within the Fire Department. The deputy shall be appointed for the purpose of making inspections and such investigations as may be directed by the Fire Chief, and the carrying out of such orders as may be prescribed by the Fire Chief to enforce and make effective the provisions of the Fire Code and any and all regulations promulgated by the City for fire and life safety. The Fire Chief or any deputy appointed by him shall have the authority to enter any area accessible by the public for the purpose of fire safety inspection and may at all reasonable hours enter any building or premises, other than dwelling houses, for the purpose of making an inspection, which he may deem necessary to be made under the provisions of this article. Any person appointed as a deputy to issue citations shall have satisfactorily completed a training course on the State Fire Code and approved by the Fire Chief. In addition, no person appointed as a deputy may be authorized to issue a citation until evidence of liability coverage of such person has been provided by the City. Any person so appointed as deputy, may at any time have such designation as Deputy Fire Marshal for the City revoked by the Fire Chief, if in the opinion of the Fire Chief, the exercise of such authority by such person is inappropriate.
(b) Violations for which citations may be issued, include, but are not limited to:
(1) Overcrowding places of public assembly;
(2) Locked or blocked exits in public areas;
(3) Failure to abate a fire hazard;
(4) Blocking of fire lanes or Fire Department connections; and
(5) Tampering with or rendering inoperable except during necessary maintenance or repairs, on-premise firefighting equipment, fire detection equipment and fire alarm systems.
(c) A Municipal Deputy Fire Marshal shall have the same inspection and citation powers as any member of a fire department deputized by the State Fire Marshal pursuant to W.Va. Code § 29-3-12(j).
(d) Penalties for Violations. Any person who violates any fire and life safety regulations of the City Fire Prevention Code, or any Fire Code for the City shall be guilty of a criminal violation and shall be fined not more than one hundred dollars ($100.00) per violation. Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues after knowledge or official notice the same is illegal, shall be deemed a separate offense.
(Ord. 2014-27. Passed 12-18-14.)