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Chap. 1511. Standards.
1511.01 Adoption of Codes by reference.
1511.03 Application of Codes.
1511.035 Bureau of Fire Prevention.
1511.04 Enforcement; responsibilities of Municipal Fire Safety Inspector.
1511.05 Compliance required.
1511.06 Posting arson laws.
1511.07 Setting fires which spread.
1511.08 Responsibilities upon discovery of unfriendly fires.
1511.10 Sale and use of fire equipment; standards; service and repair of equipment.
1511.11 Fire extinguishers in business establishments.
1511.12 Payment of claims for fire damage.
1511.13 File and distribution copies.
1511.14 Conflicts of laws.
1511.15 Amendments. (Repealed and Recodified)
1511.16 Storage of explosives and blasting agents.
1511.17 Routes for vehicles transporting explosives and blasting agents.
1511.19 New materials, processes or occupancies requiring permits.
1511.20 Permit and license fees.
1511.21 Key box requirements.
1511.22 Above-ground oil tanks.
1511.23 Smoke alarms.
1511.24 Fire alarm signaling and suppression systems.
Power to regulate elevators, stairways and fire escapes - see Ohio R.C. 715.26
Adoption of technical codes - see Ohio R.C. 731.231
Power to regulate against fires - see Ohio R.C. 737.27, 3737.08
State Fire Marshal - see Ohio R.C. Ch. 3737
Right to examine buildings - see Ohio R.C. 3737.14
Gasoline, oils and paint - see Ohio R.C. Ch. 3741
Fireworks - see Ohio R.C. Ch. 3743; GEN. OFF. 571.10
Helicopter and helistop fire precautions - see TRAF. 379.04
Obstruction of fire hydrants - see GEN. OFF. 559.21
Fire prevention in Christmas tree sales areas - see B.R. & T. 709.08
Noncombustible exteriors required in U-7 Districts - see P. & Z. 1177.09
Approval of building plans by Fire Prevention Bureau - see B. & H. 1335.01
Fire prevention in multifamily dwellings - see B. & H. 1391.01
Pursuant to Ohio R.C. 731.23, the following standard codes are adopted by the City:
(a) The Ohio Fire Code, as adopted by the Ohio Division of State Fire Marshal, Department of Commerce, as published in Division 1301:7 of the Ohio Administrative Code;
(b) The National Fire Codes, as published by the National Fire Protection Association, as updated from time to time;
(c) The Ohio Building Code, as adopted by the Ohio Board of Building Standards, Department of Industrial Relations;
(d) The International Building Code, as published by the International Code Council, Inc., and the International Mechanical Code.
(e) All current versions of the Ohio Fire Code, the National Fire Code, the Ohio Building Code, the International Building Code and the International Mechanical Code, as promulgated, revised and amended, shall apply and be enforced within the City of Mayfield Heights, Ohio.
(Ord. 2002-3. Passed 1-28-02; Ord. 2006-5. Passed 3-27-06.)
The purpose of the Codes adopted in Section 1511.01 is to prescribe minimum standards and regulations governing conditions hazardous to life and property from fire or explosion.
(Ord. 1995-39. Passed 8-28-95.)
The Codes adopted in Section 1511.01 apply 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.
(Ord. 1995-39. Passed 8-28-95.)
(a) Establishment. A Bureau of Fire Prevention in the Fire Department is hereby established. Such Bureau shall be operated under the supervision of the Fire Chief under the direction and control of the Director of Public Safety.
The Fire Chief shall designate an officer of the Fire Department as Fire Marshal for the Bureau and shall designate such other officers and members of that Department, as he or she may from time to time deem necessary, as assistant inspectors for duties incident to the operation of the Bureau.
(b) General Duties. The Bureau shall enforce all laws and ordinances covering the following:
(1) The prevention of fires;
(2) The storage and use of explosives and flammables;
(3) The installation and maintenance of automatic and other private fire alarm systems and fire extinguishing equipment;
(4) The maintenance and regulation of fire escapes;
(5) The maintenance of fire protection of, and the elimination of hazards in, buildings and structures, including those under construction;
(6) The means and adequacy of exits in case of fire from all places in which persons work, live or congregate for any purpose from time to time, including, but not limited to, factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters and amphitheaters; and
(7) The investigation of the cause, origin and circumstances of fires.
The Bureau shall have such other powers and perform such other duties as are set forth in other sections of this chapter, including the codes adopted in Section 1511.01, in other ordinances and as may be conferred and imposed from time to time by law.
This designation of duty shall not relieve any other department, officer or employee of the City of any power or duty conferred upon it, him or her by law or ordinance.
(c) Inspection of Buildings, Premises and Motor Vehicles. The Fire Chief, the Fire Marshall for the Bureau or any assistant inspector may, at all reasonable hours, enter any building, premises or vehicle within his or her jurisdiction for the purpose of examining the same as authorized by the statutes of the State and as limited by the Constitutions of the United States and this State with respect to unreasonable searches and seizures.
(d) Inspection of Fire Extinguishers and Fire Extinguishing Systems. The Fire Chief or members of the Bureau may make or cause to be made an inspection of the contents and the working conditions of any fire extinguisher or fire extinguishing system.
(e) Survey and Recommendation of Suitable Fire Detection Devices and Extinguishing Appliances. The Bureau shall survey each commercial and industrial establishment, mercantile, educational and institutional occupancy, place of assembly, hotel, multifamily house and such other buildings or dwellings within the City as the Bureau may deem necessary and shall specify suitable fire detecting devices or extinguishing appliances which are provided in or near boiler rooms, kitchens of restaurants, clubs and like establishments, storage rooms involving considerable material, rooms in which hazardous manufacturing processes are involved, repair garages and other places of a generally hazardous nature. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipes, automatic or magnetic door closers, panic-type hardware, fixed or portable fire extinguishers of a type suitable for the probable class of fire, suitable asbestos or approved fire blankets, manual or automatic covers or other special fire extinguishing systems. In special hazardous processes or storage, appliances of more than one type or special systems may be required.
(Ord. 1997-18. Passed 6-30-97.)
(a) No person shall serve as a Municipal Fire Safety Inspector unless he or she has received a certificate issued by the Ohio Superintendent of Public Instruction under Ohio R.C. 3303.07 evidencing his or her satisfactory completion of a fire safety inspection training program.
(b) The Municipal Fire Safety Inspector, upon examination or inspection, shall issue citations when he or she finds conditions as specified in Ohio R.C. 3737.41 which are especially dangerous to the safety of persons, buildings, premises or property, and shall make any necessary remedial orders in connection therewith. Citation enforcement may be by use of the procedures established by Ohio R.C. 3737.42 for hearing on the citation or Ohio R.C. 3737.44 for injunctive relief or a temporary restraining order and oral order for vacation of the building or premises.
(c) The Municipal Fire Safety Inspector, upon reasonable belief and after inspection or investigation, shall, with reasonable promptness, issue a citation to the responsible person for a violation of the Ohio Fire Code or any order issued by the Ohio Fire Marshal or any Municipal Fire Safety Inspector. The citation shall fix a reasonable time for abatement of the violation. Each citation issued under this subsection shall be prominently posted by the responsible person, as prescribed by the Ohio Fire Code, at or near each place a violation referred to in the citation occurs.
(d) Upon request of the Municipal Fire Safety Inspector, the Law Director shall institute and prosecute any necessary action or proceeding to enforce this chapter or Ohio R.C. Chapter 3737.
(b) No person shall fail to comply with the fire prevention measures or fire protection activities prescribed in the Ohio Fire Code, or fail to obtain a permit or license for the various uses and activities regulated by such Code, or fail to comply with the Municipal application and plan submission and processing requirements, including payment of the fees designated therefor.
The owner, operator or lessee of any transient residential building shall post the provisions of Ohio R.C. 2909.02 and 2909.03 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.
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 wood lot.
(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 Ohio Basic Building Code, upon the discovery of an unfriendly fire or upon receiving information that there is an unfriendly fire on the premises, shall immediately and with all reasonable dispatch and diligence call or otherwise notify the Fire Division concerning the fire and shall spread an alarm immediately to all occupants of the building.
(b) For the purposes of this section, "unfriendly fire" means a fire of a destructive nature as distinguished from a controlled fire intended for a beneficial purpose.
(c) No person shall fail to comply with this section.
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.
(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 Ohio 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 issued by the Ohio Fire Marshal.
Every business establishment within the City shall have at least one fire extinguisher within its premises. The type of fire extinguisher shall be determined and approved by the Fire Marshal or the Fire Chief of the City according to the needs of the type of business establishment. No person shall fail to comply with this section.
(Ord. 1983-3. Passed 1-24-83.)
Pursuant to Ohio R.C. 3929.86(C), the City hereby adopts the procedure described in Ohio R.C. 3929.86(C) and (D), whereby no insurance company doing business in the State shall pay a claim of a named insured for fire damage to a structure located within the City, unless the applicable provisions of Ohio R.C. 3929.86 are fully complied with. The Fire Chief is hereby designated as the officer authorized to carry out the duties of Ohio R.C. 3929.86.
(Ord. 1984-10. Passed 2-13-84.)
Copies of the Codes adopted in Section 1511.01 are on file with the Division of Fire for inspection by the public. Copies are also on file in the County Law Library.
(Ord. 1995-39. Passed 8-28-95.)
(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 any such order, standard, rule or regulation is in conflict with the Ohio Basic Building Code, except that rules adopted and orders issued by the Fire Marshal pursuant to Ohio R.C. Chapter 3743 prevail in the event of a conflict.
(OAC 4101:2-1-04(B); ORC 3781.11(B))
(b) In all other cases of conflict between the Ohio Fire Code and any other Municipal ordinance or technical code adopted thereby, the stricter standard shall control.
(Ord. 1995-39. Passed 8-28-95.)
(EDITOR'S NOTE: New Sections F-315.0 (Outdoor Grills) and F-414.0 (Yard Hydrants) were recodified as part of the 1991-A revision of these Codified Ordinances (see Section 559.20 of the General Offenses Code and Chapter 1373 of the Building and Housing Code, respectively). The balance of this section was repealed.)
The limits referred to in Section F-3003.2 of the Ohio Fire Code, as adopted in Section 1511.01, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: the boundaries of the City.
The routes referred to in Section F-3005.10 of the Ohio Fire Code, as adopted in Section 1511.01, for vehicles transporting explosives and blasting agents, are hereby established as follows: State and Interstate routes. A permit shall be obtained from the Fire Prevention Bureau to transport explosives on any other street in the City. No person shall fail to comply with this section.
The Fire Chief, subject to the approval of the Mayor, may modify any provision of the Ohio Fire Code, as adopted in Section 1511.01, upon application in writing by any person, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Fire Chief thereon, shall be entered upon the records of the Fire Division and a signed copy thereof shall be furnished to both the applicant and the Director of Buildings.
(Ord. 1986-47. Passed 12-22-86; Ord. 1990-18. Passed 4-23-90.)
The Director of Buildings and the Fire Chief shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the Ohio Fire Code, as adopted in Section 1511.01. The Chief of the Fire Prevention Bureau shall post the list in a conspicuous place in his or her office and distribute copies thereof to interested persons.
(Ord. 1986-47. Passed 12-22-86; Ord. 1990-18. Passed 4-23-90.)
Annual fees for permits or licenses for the various uses and activities regulated by the Ohio Fire Code, as adopted in Section 1511.01, are as follows:
(a) Bowling establishments $25.00
(b) Handling of calcium carbide 10.00
(c) Cellulose nitrate motion picture film 10.00
(d) Cellulose nitrate plastics 10.00
(e) Combustible fibers 10.00
(f) Compressed gases 25.00
(g) Cryogenic liquids 10.00
(h) Dry cleaning plants 25.00
(i) Dust explosion hazards 10.00
(j) Explosives and ammunition 25.00
(k) Filling of extinguishers and hazardous appliances 25.00
(l) Flammable finishes (spray operations) 25.00
(m) Fruit ripening processes 10.00
(n) Fumigation and insecticidal fogging 10.00
(o) Hazardous materials and chemicals 25.00
(p) Heliports and helistops 25.00
(q) Liquefied petroleum gases 25.00
(r) Lumber yards 25.00
(s) Magnesium 10.00
(t) Matches 10.00
(u) Organic coating (undercoating) 25.00
(v) Ovens and furnaces (industrial) 10.00
(w) Places of assembly 10.00
(x) Service stations and garages 25.00
(y) Tents and air-supported structures 10.00
(z) Welding and cutting 10.00
(Ord. 1981-13. Passed 2-23-81.)
(a) The purpose of this section is to provide for the installation of a rapid entry system, using a key box, within the City, and to provide that such installation shall be accomplished within a reasonable period of time as determined by the Fire Chief and the Bureau of Fire Prevention, not to exceed six months from the adoption of this section, unless unusual circumstances require additional time as determined by the Fire Chief and the Bureau.
(b) At the discretion of the Bureau, a key box of a U.L. type, approved by the Fire Chief and the Bureau, shall be required to be installed and maintained at the following locations:
(1) Any residential, mercantile, commercial or business building, regardless of use of occupancy, in excess of 5,000 square feet;
(2) Any place of assembly;
(3) Any high-hazard occupancy, as such occupancy is determined by the Fire Chief and the Bureau; and
(4) Any building which is protected by an automatic fire alarm system or fire sprinkler system.
(c) Such key boxes shall be installed on the property in a location approved by the Bureau and shall contain:
(1) Keys to locked points of ingress and egress, whether on the interior or exterior of such buildings;
(2) Keys to locked mechanical equipment rooms;
(3) Keys to locked electrical rooms;
(4) Keys to elevator controls;
(5) Keys to other areas as directed by the Fire Chief and the Bureau; and
(6) Upon request of the Fire Chief or the Bureau, a lot map of the premises showing pertinent information as requested by the Fire Chief or the Bureau.
(d) The residential lock box program is hereby authorized and approved by the Council of the City of Mayfield Heights, and that a fee of thirty dollars ($30.00) is hereby established in order for a resident to purchase a lock box through the city of Mayfield Heights Fire Department.
(Ord. 1997-17. Passed 6-9-97; Ord. 2012-18. Passed 11-12-12.)
(a) The installation of exterior above-ground storage tanks for the storage of flammable and combustible liquids is hereby prohibited within the City, except as provided for herein.
(b) Existing exterior above-ground storage tank installations previously approved by the Fire Official shall be permitted to continue, provided that the existing previously approved tank does not constitute a fire hazard. The Fire Official, in his or her reasonable discretion, shall have the authority to require the removal of any unsafe tanks and shall periodically inspect the existing installation for safety. Unsafe tanks shall be removed from service where required by the Fire Official.
(c) Waste oil for disposal and for use in oil burning equipment may be stored inside a building in an above-ground waste oil tank, in double steel wall tanks, and must meet the following criteria:
(1) Tanks must meet U.L. 142, NFPA 30, and must be installed in accordance with all applicable Federal, State and local environmental regulations and safety codes.
(2) Tanks must be placed on a concrete pad capable of supporting such tanks when completely filled.
(3) Tanks shall be protected from accidental damage in accordance with al applicable codes.
(4) Tanks shall be designed and built in accordance with recognized and good engineering standards and shall be constructed of steel or an approved noncombustible material.
(5) Tanks shall have an Underwriter's Laboratories, Inc. or Factory Mutual Listing for the purpose of storing waste oil.
(6) Tanks shall be limited to 660 gallons with a limit of one tank per location.
(7) Storage tanks shall be permitted only in areas at grade level that have adequate drainage.
(8) Tanks shall be enclosed by construction, with a roof overhead, having a fire-resistance rating of not less than two hours.
(9) At a minimum, each opening shall be provided with a U.L. listed one and one-half hour class B door.
(10) The tank shall be diked to contain at least 110 percent of tank capacity.
(11) Any electrical connection shall be explosion-proof.
(12) Any connection through a wall of the enclosure shall be sealed.
(13) The tank shall be vented per the manufacturer's specifications.
(14) Any other storage of waste oil, other than an approved underground storage, shall be prohibited.
(15) Flammable liquid shall not be permitted in waste oil tanks.
(d) Class III liquids, consisting of a new product only, may be stored inside a building in a two-hour fire-rated, double steel wall tank, not exceeding 660 gallons capacity per tank. Additionally, tanks for Class III liquids must meet the following standards:
(1) Tanks must meet U.L. 142 NFPA 30, and must be installed in accordance with all applicable Federal, State and local environment regulations and safety codes.
(2) Tanks shall be protected from accidental damage in accordance with all applicable codes.
(e) Permanent installation of above-ground storage tanks containing petroleum distillate products and/or liquefied petroleum gas (LPG) is strictly prohibited.
(f) A permit from the Fire Official shall be required for installation of all above-ground storage tanks. A diagram showing the location of the tanks shall accompany the application for the permit. All tanks shall have proper markings as to contents and special hazard posting under NFPA 704.
(Ord. 1997-25. Passed 8-6-97.)
(a) Definitions. As used in this section:
(1) "Dual sensor smoke detector" means a device that uses ionization and photoelectric technologies to detect smoke.
(2) "Hard-wired" means directly connected to the electrical power supply of the building, the power source of which is required for smoke detectors.
(3) "Hearing impaired" means a hearing problem impairing the ability of a person to be awakened by a standard smoke detector, whether or not such person is wearing a hearing aid.
(4) "Ionization smoke detector" means a device that uses a small amount of radioactive material to detect smoke particles.
(5) "Occupant" means a person living, sleeping, cooking or having actual possession of a dwelling unit or room.
(6) "Owner" means the owner of the premises, including the holder of title thereto subject to contract of purchase, a land contract purchaser, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessee or an agent or other person, firm, corporation or fiduciary directly in control of the premises.
(7) "Photoelectric smoke detector" means a device that utilizes a light source to detect smoke particles.
(8) "Primary smoke detectors" means all smoke detectors installed to meet the requirements of this section.
(9) "Secondary smoke detector" means any smoke detector installed at the discretion of the owner or occupant that is in addition to, but not instead of, the primary smoke detectors.
(10) "Sleeping area" means an area of a dwelling containing bedrooms which are separated from each other by no use area other than a bathroom.
(11) "Smoke detector" means a "UL" or "FM" approved device which detects visible or invisible particles of combustion and which emits an audible signal indicating a fire condition or both an audible and a visual signal indicating a fire condition.
(b) Installation of Photoelectric Detectors Required; Placement; Devices for Hearing Impaired; Inspections; Hard-wired Detectors.
(1) Owners of each existing one, two and three-family dwelling, as defined by the residential code of the City for one, two and three-family dwellings, shall install photoelectric smoke alarms as follows (except as provided in section 314.1 of the Residential Building Code of Ohio for one, two and three-family dwellings, which is incorporated herein):
A. Prior to the transfer of title of any residential property, when such transfer is required to be approved by the Building Director under Chapter 1339 of the Building and Housing Code, the transfer shall not be approved by the Building Director unless all primary smoke detectors in the property are photoelectric smoke detectors, or unless the primary smoke detectors are required to be replaced with photoelectric smoke detectors in the point of sale inspection. Any existing primary smoke detector that is not a photoelectric smoke detector shall be replaced with a photoelectric smoke detector prior to transfer of title or within the time period for compliance with the requirements of Chapter 1339.
B. The inspection of any rental unit pursuant to Chapter 1341 of the Building and Housing Code shall not be approved, nor shall a licence for rental be issued by the Building Director, unless all primary smoke detectors in the rental unit are photoelectric smoke detectors, or unless the primary smoke detectors are required to be replaced with photoelectric smoke detectors in the report issued by the Building Department. Any existing primary smoke detector that is not a photoelectric smoke detector shall be replaced with a photoelectric smoke detector within the time period for compliance with the requirements of Chapter 1341. Testing of battery operated smoke detectors shall be done by the occupant not less than once a month (National Fire Protection Association Standard No. 72). The owner shall provide the occupant with printed information as to proper testing of the smoke detectors within the dwelling.
(2) All smoke detectors and their installation shall be in compliance with the most recent edition of the National Fire Protection Association Standard No. 72.
(3) Photoelectric smoke alarms shall be installed as follows: one on each story that is centrally located and outside each separate sleeping area.
(4) Where a dwelling is occupied by a person who is hearing impaired, a smoke detector shall be installed by the owner which provides a visual or vibrating signal sufficient to warn the hearing impaired when activated.
(5) Battery operated smoke detectors may be installed in existing one and two-family dwellings, unless hard-wired smoke detectors have been previously installed. Existing three-family dwellings may have installed battery operated smoke detectors, unless hard-wired smoke detectors have been previously installed. Any hard-wired smoke detectors must be maintained to operate as intended.
(6) All smoke detectors shall be listed with an approved testing agency. No smoke detector shall be hard-wired with battery backup unless an electrical permit has been obtained from the Building Department.
(7) Any primary smoke detector installed shall be a photoelectric smoke detector. Notwithstanding the required primary smoke detectors, residents have the option to install secondary smoke detectors as a supplement to required primary detectors. An ionization or dual sensor smoke detector shall not be installed as the primary smoke detector.
(8) All smoke detectors shall be replaced no later than ten years after the date of manufacture of the detector. The replacement of primary smoke detectors shall be with photoelectric smoke detectors.
(9) All primary smoke detectors shall be photoelectric smoke detectors either within five years of the effective date of this section or pursuant to subsection (c) herein, whichever occurs first.
(c) Whoever violates any provisions of this section shall be guilty of a fourth degree misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both. On a second or subsequent offense, such person is guilty of a first degree misdemeanor and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. Each day of a continuing violation shall be deemed to be a separate offense.
(Ord. 2013-16. Passed 10-14-13.)
(a) In any commercial, industrial or multi-residential occupancy, no person shall silence, reset or otherwise disable in any way any fire alarm signaling system without first obtaining permission from the Mayfield Heights Fire Department.
(b) In any commercial, industrial or multi-residential occupancy, no person shall shut off or disable in any way any fire suppression system without first obtaining permission from the Mayfield Heights Fire Department.
(Ord. 2017-14. Passed 5-8-17.)
(a) Criminal Penalties.
(Ord. 1997-17. Passed 6-9-97.)
(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, 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.
(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 Section 1511.04(c) 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 under this chapter shall be paid to the Director of Finance for deposit into the General Revenue Fund. Such penalties may be recovered in a civil action in the name of the Municipality brought in the Court of Common Pleas.
(Ord. 2017-14. Passed 5-8-17.)