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(A) Under the provisions of I.C. 22-13-2-3(b) and 675 IAC 22, as amended, there is established the City of Noblesville Fire Watch Code.
(B) If the provisions of this subchapter conflict with the provisions of the I.C. 22-13-2-2, the state statute controls as required by I.C. 22-13-2-3.
(C) The definition of a Class I structure contained in the provisions of 675 IAC 12-6-2 is adopted by this section and incorporated by reference in this section as if copied in full.
(D) For purposes of this subchapter, a qualified person shall be a firefighter with a State of Indiana Certified Firefighter I Certification.
(E) The Common Council of the City of Noblesville designates the Noblesville Fire Department as the department authorized to administer acts of the city under this subchapter and 675 IAC 22.
(F) (1) Whenever it is essential for public safety in any Class 1 structure, due to the number of persons or the nature of the activity being conducted, the Chief of the Noblesville Fire Department may require the owner or lessee to employ one or more qualified persons to be approved by the Chief, or his or her designee, to be on-duty in such Class I structure to serve as a fire watch. Such person(s) shall:
(a) Be subject to the orders of the Chief, or his or her designee, at all times.
(b) Be in uniform.
(c) Remain on-duty at all times that such Class 1 structure is open to the public.
(2) Such persons shall not be required or permitted while on-duty to perform any duties other than the fire watch. Such persons shall be provided at the ratio of one qualified person per 500 occupant load.
(G) If the qualified person deployed by the Chief, or his or her designee, to serve as fire watch is a City of Noblesville Fire Department employee, the employee shall be considered on-duty and acting within the scope or course of the qualified person’s duties on behalf of the city for purposes of medical treatment provisions of the worker’s compensation laws for injuries and for coverage under the general liability insurance provisions.
(H) If the qualified person deployed by the Chief, or his or her designee, to serve as fire watch is a City of Noblesville Fire Department employee, the owner or lessee of the Class 1 structure shall compensate the city at a rate of $35 an hour for each city employee deployed. Unpaid reimbursement entitles the city to charge and accumulate interest at an annual rate of 8% plus reasonable attorney’s fees and legal costs of collection.
(I) This subchapter is not intended to prevent the owner or lessee of a Class 1 structure from employing a qualified person to perform a fire watch function that is not a City of Noblesville Fire Department employee. If the qualified person employed by the owner of the Class 1 structure is not a City of Noblesville Fire Department employee, the qualified person shall be paid directly by the owner of the Class 1 structure under such terms as are agreeable between the qualified person and the owner.
(J) In the event of an excessive number of accidental or undetermined alarm activations, the Fire Chief, or his or her designee, is authorized to require the property owner, tenant, or occupant to provide an approved fire watch until the system is repaired or restored to service.
(K) Any property owner or tenant that does not comply with a fire watch order issued by the City of Noblesville Fire Department may be fined $500 per day.
(Ord. 50-10-09, passed 10-27-09) Penalty, see § 92.999