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(a) The Chief of the Bureau of Fire Prevention may file an action seeking a temporary restraining order and other relief from the Court of Common Pleas when he or she believes, through personal knowledge, that a condition or practice in any building or on any premises, which violates this Fire Prevention Code, is such that a fire or explosion hazard exists which could reasonably be expected to cause death or serious physical harm before enforcement procedures otherwise provided for in this Fire Prevention Code could eliminate the danger. This section shall be construed to be that proceeding authorized under Ohio R.C. 3737.44, including the same jurisdiction and scope of relief during enforcement proceedings under this Fire Prevention Code as during enforcement proceedings under Ohio R.C. Chapter 3737.
(b) Whenever the Chief of the Bureau concludes that conditions or practices described in subsection (a) hereof exist in any building or on any premises, he or she shall inform the owner, operator, lessee, occupant, and any other affected person, of the danger and that he or she is seeking relief. If necessary to preserve life, the Chief of the Bureau may orally order the building or premises vacated immediately. Such an order shall remain in effect for not more than twenty-four hours. In addition, the Chief shall post written notice in conspicuous places on the building or premises.
(c) If the Chief of the Bureau arbitrarily or capriciously fails to seek relief under this section, any person who may be exposed to a serious threat of harm by reason of such failure may bring an action against the Chief of the Bureau in the Court of Common Pleas for a writ of mandamus to compel the Chief of the Bureau to seek such relief.
(Ord. 28-1987. Passed 5-11-87.)