PART FIFTEEN - FIRE PREVENTION CODE
Chap. 1511.  Ohio Fire Code.
CHAPTER 1511
Ohio Fire Code
1511.01   Adoption; file and sale copies.
1511.02   Definitions.
1511.03   Amendments, deletions and additions.
1511.04   Establishment and duties of Bureau of Fire Safety.
1511.05   Sprinkler requirements for buildings.
1511.06   Modification of Code provisions.
1511.07   Appeals to Council with regard to sprinkler requirements. (Repealed)
1511.08   Appeals procedure. (Repealed)
1511.09   Decisions by Council on appeal. (Repealed)
1511.10   Permits. (Repealed)
1511.11   Enforcement procedures; minor infractions.
1511.12   Codified Ordinances provisions deemed part of Code.
1511.13   Validity.
1511.99   Penalty.
 
CROSS REFERENCES
Power to regulate elevators, stairways and fire escapes - see  Ohio R.C. 715.26
Cost recovery for correcting hazardous conditions or abating  nuisances - see Ohio R .C. 715.261
Power to regulate against fires - see Ohio R.C. 737.21, 737.37 
State certification of firefighters - see Ohio R.C. 737.08, 737.22, 3737.33
State certification of Fire Safety Inspectors - see Ohio R.C. 3737.01(C ), 3737.34
Fire investigations - see Ohio R.C. 737. 27, 3737.24 et seq.
Entry and inspection - see Ohio R.C. 737.34 et seq., 3737.14, 3737.41, 3737.42
Fire extinguishing and alarm systems in rest and nursing homes see -  Ohio R.C. 3721.071
Prohibitions re sale, use or servicing fire protection equipment see -  Ohio R C. 3737.65
Self-service filling stations - see Ohio R.C. 3741.14
Child day-care center inspection - see Ohio R.C. 5104.05(B), 5104.051(B )
1511.01  ADOPTION; FILE AND SALE COPIES.
   (a)   For the purpose of prescribing standards and regulations governing conditions hazardous to life and property from fire or explosion, and for the purpose of conferring jurisdiction for enforcement of said standards and regulations upon Norwood Mayor’s Court, certain codes known as the “Ohio Fire Code”, most recently published and copyrighted by the International Code Council, Inc. (ICC), and the “Southwest Ohio Fire Safety Council Unified Standard”, as most recently published by the Southwest Ohio Fire Safety Council, complete with such amendments, deletions and corrections as provided by the Norwood Fire Division, including appendices thereto are hereby designated by Council as the City of Norwood Fire Code and are hereby adopted and incorporated in its entirety as if fully set out in length herein.  Future editions of these Codes as published by ICC and the Southwest Ohio Fire Safety Council are adopted as they are published, except for modifications as are presently designated herein and as may be further modified by the City in the future.  Any modification to the Norwood Fire Code shall be adopted by ordinance.  All other ordinances adopted by the City of Norwood remain in effect.  A copy of such Ohio Fire Code, with all amendments, deletions and corrections provided by the Norwood Fire Division is attached hereto, made a part hereof and is hereby adopted.
   (b)   Where a conflict exists among the Norwood Fire Code, Norwood Property Maintenance Code, Norwood Building Code or any other applicable ordinance or regulation, the more stringent one controls.
   (c)   A copy of such Ohio Fire Code and Southwest Ohio Fire Safety Council Unified Standard, with all amendments, deletions and corrections provided by the Norwood Fire Division as adopted herein, shall be on file with the Clerk of Council for inspection by the public and shall also be on file in the Hamilton County Law Library.  In addition, copies shall be made available through the Clerk of Council for distribution to the public at cost.
(Ord. 1-2013.  Passed 1-8-13.)
1511.02  DEFINITIONS.
   As used in the Ohio Fire Code, as adopted herein:
   (a)    "Municipality" means the City of Norwood, Ohio.
   (b)    "Corporation Counsel" means the Norwood Law Director.
   (Ord. 65-1980. Passed 1-27-81.)
1511.03  AMENDMENTS, DELETIONS AND ADDITIONS.
   (a)   The Ohio Fire Code, as adopted herein, is hereby changed by the amendments, deletions, additions, or corrections as provided by the Norwood Fire Division and included in the copy adopted by Council along with the Ohio Fire Code.
   (b)   The provisions of the Ohio Fire Code may be amended by Council by passage of an ordinance to that effect.  Such amendments, as adopted by Council, shall be contained within this section.
   (c)   Change OFC 101.2 "Scope" to read as follows:
This Code establishes the Fire Marshal rules for the administration and enforcement of authorities granted to the Fire Marshal and Fire Code officials in Chapter 3701, 3731, 3737, 3741, 3743, 3781 and 3791 of the Revised Code including but not limited to, regulations affecting or relating to single-family rental property, two-family and three-family dwelling units; commercial structures; structures containing four or more dwelling units; industrial structures; processes; premises; and safeguards regarding:
      (1)       The hazard of fire and explosion arising from the storage, handling, or use of structures, materials or devices;
      (2)       Conditions hazardous to life, property, or public welfare in the occupancy of structures or premises;
      (3)       Fire hazards in the structure or on the premises from occupancy or operation;
      (4)       Matters related to the construction, installation, extension, repair, alteration, or removal of fire suppression or alarm systems.
       (d)       Change OFC 108.01 "Appeals of order" to read as follows:
      108.1    Any person, authorized agent, or company aggrieved by any provisions of the Norwood Fire Code may appeal the Code requirements to the Norwood Fire Code Appeals Board.
      108.2    The Norwood Fire Code Appeals Board shall consist of the Mayor, Chair of the Community Development Committee, Building Commissioner, President of Council and Chair of the Board of Zoning Appeals.  A member of the Board shall not participate in any hearings or vote on any appeal in which the member has a direct or indirect interest in the appeal.
      108.3   Any person, authorized agent, or company aggrieved may file an application for appeal on a form provided by the Bureau of Fire Safety within thirty days of the written decision from the Bureau of Fire Safety.  The appeal shall include proposed alternatives, modifications, or substitutions, complete plans of structure or process, other pertinent information, and payment of a fee of seventy-five dollars ($75.00).
      108.4   The Norwood Fire Code Appeals Board shall meet within thirty calendar days of the appeal.  Three Board Members shall constitute a quorum.  All hearings shall be open to the public, and the appellant, his representative, the Fire Chief, or his authorized representative of the jurisdiction, and any other person whose interest may be affected by the matter on appeal, shall be given an opportunity to be heard. When four or more Board members are not present, either the Fire Division or their representative or the applicant may request a continuance of the hearing.
      108.5   After the public hearing, the Board shall affirm, modify, or reverse the decision of the Fire Division by a majority vote.  Every decision shall be in writing and copies shall be furnished to the appellant and to the Fire Chief.  The Fire Chief shall take immediate action in accordance with the decision of the Board.
       (e)     The Southwest Ohio Fire Safety Council Unified Standard Section A104 entitled "Violations" and Section A105 entitled "Board of Appeals" are hereby removed. 
   (f)   The Southwest Ohio Fire Safety Council Unified Standard Fee Schedule Table J106.4.1 is hereby amended to read as follows:
 
Description
 
For the first through fifth false alarms
no fees charged but a warning letter is to be sent after the third alarm
For the sixth through tenth false alarms
$50 each
For the eleventh through fifteenth false alarms
$100 each
For the sixteenth false alarm and beyond
$500 each
 
   (g)   Add subsection 307.06 "Penalty" to Section 307 "Open Burning and Recreational Fires" to read as follows:
(6) 307.06 Penalty. Whoever violates this section is guilty of a minor misdemeanor on the first offense and misdemeanor of the first degree for each offense within two years of the first offense.  Each day of violation shall constitute a separate and distinct offense.
(Ord. 10-2013.  Passed 3-12-13.)
1511.04  ESTABLISHMENT AND DUTIES OF BUREAU OF FIRE SAFETY.
   (a)    There is hereby established a Bureau of Fire Safety in the Fire Department which shall have as its primary duty the enforcement of the Ohio Fire Code and this chapter.  It shall be the duty of Bureau members to cause the correction of hazardous conditions, issue warning notices, citations and permits under such Code, and/or cause the arrest of persons violating the provisions of the Ohio Fire Code, the Ohio Revised Code and other City ordinances relating to fire prevention and to prosecute such offenders before the proper courts.  While so detailed, Fire Safety Bureau members shall have the powers of patrolmen of the Police Department.
   (b)   The Fire Chief is authorized and directed to detail to the Bureau of Fire Safety such members of the Fire Department as may be required to enforce the Ohio Revised Code, the Ohio Fire Code and City ordinances relating to fire prevention.  Bureau members shall comply with the Ohio Revised Code for training and certification as Fire Safety Inspectors.  All Bureau members shall work under the direction of the Fire Chief.
   (c)   A report of the Bureau shall be made annually and transmitted to the Fire Chief.  It shall contain all proceedings under the Ohio Revised Code, the Ohio Fire Code and City ordinances, with such statistics as the Chief shall determine appropriate.  The Chief shall also recommend any amendments to such Code which, in his judgment, are desirable.
(Ord. 56-2006.  Passed 11-28-06.)
1511.05  SPRINKLER REQUIREMENTS FOR BUILDINGS.
   (a)    All buildings regulated under 4101:2-1 of the Ohio Administrative Code including all new and enlarged buildings and all buildings changed in use or occupancy shall be protected with automatic sprinkler systems as specified in this Section and Chapter.
   (b)    All buildings with a gross area more than 5,000 square feet within any fire area or an occupied floor level more than 40 feet above the primary point of Fire Department access as determined by the Fire Department shall be protected with an automatic sprinkler system in accordance with NFiPA 13 or a similarly approved applicable Standard.
   (c)    All assembly buildings with a fire area more than 5,000 square feet shall be protected with an automatic sprinkler system in accordance with NFiPA or a similarly approved applicable Standard.
   (d)    All sprinkler systems required by this Section shall be supervised by an approved central monitoring system; locking of sprinkler valves for supervision is not permitted.
(Ord. 54-2002.  Passed 6-25-02.)
1511.06  MODIFICATION OF CODE PROVISIONS.
   The Fire Chief or his authorized representative shall have the power to modify any of the provisions of this Chapter or of the Ohio Fire Code upon application in writing by the owner, lessee or any duly authorized agent 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 thereof shall be reflected upon the records of the Department and a signed copy shall be furnished to the applicant.  (Ord. 56-2006.  Passed 11-28-06.)
1511.07  APPEALS TO COUNCIL WITH REGARD TO SPRINKLER  REQUIREMENTS. (REPEALED)
   (EDITOR’S NOTE: Former Section 1511.07 was repealed by Ordinance 46-2007, passed November 27, 2007.)
   
1511.08  APPEALS PROCEDURE.  (REPEALED)
   (EDITOR’S NOTE: Former Section 1511.08 was repealed by Ordinance 46-2007, passed November 27, 2007.)
1511.09  DECISION BY COUNCIL ON APPEAL.  (REPEALED)
   ((EDITOR’S NOTE: Former Section 1511.09 was repealed by Ordinance 46-2007, passed November 27, 2007.)
1511.10  PERMITS.  (REPEALED)
   (EDITOR’S NOTE:  Former Section 1511.10 was repealed by Ordinance 56-2006, passed November 28, 2006.)
1511.11 ENFORCEMENT PROCEDURES; MINOR INFRACTIONS. 
   (a)     In existing buildings or other area, when any unsafe wiring condition or unsafe condition to gas heating equipment or piping is found, the Chief Fire Inspector may direct the person, firm, or corporation supplying the electric or gas service to the building or area to discontinue the service.  No person, firm or corporation shall continue such service or restore same until furnished with a copy of a certificate of approval from the Inspection Bureau or a directive from the Bureau of Fire Safety certifying that an inspection has been made, that all hazardous conditions have been corrected, and that all wiring, apparatus and feeders, heating systems, piping and venting have been brought into substantial compliance with the applicable provisions of the Ohio Revised Code, Ohio Fire Code and City ordinances.
(Ord. 56-2006.  Passed 11-28-06.)
   (b)    The Chief Inspector may placard any building or area declared unsafe or cause any building or part thereof or area to be vacated. Trespassing in a building or area placarded or damage or removal of such notices or signs shall be considered a violation of such Code and violators subject to penalties provided herein. 
(Ord. 65-1980.  Passed 1-27-81.)
1511.12  CODIFIED ORDINANCES PROVISIONS DEEMED PART OF CODE.
   For purposes of enforcement by members of the Bureau of Fire Safety and for appeals, the following enumerated provisions of the Codified Ordinances of the City of Norwood shall be deemed to be a part of the Ohio Fire Code:
 
(Ord. 56-2006.  Passed 11-28-06.)
1511.13  VALIDITY.
   (a)    It is the intent of Council that this chapter in its entirety be considered as and deemed to be the Fire Prevention Code of the City.
   (b)    Should any section, paragraph, sentence or word of this chapter or the Ohio Fire Code be declared for any reason to be invalid, it is the intent of Council that it would have passed all other portions of this chapter independent of the elimination herefrom of any such portion as may be declared invalid. 
(Ord. 56-2006.  Passed 11-28-06.)
   (c)    All former ordinances or parts thereof conflicting or inconsistent with the provisions of this chapter or of the Code hereby adopted, are hereby repealed.
(Ord. 65-1980. Passed  1-27-81; Ord. 54-2002.  Passed 6-25-02.)
1511.99  PENALTY.
   (a)   Any person, including any individual, partnership, firm or corporation, who violates any provision of this Chapter, including the Ohio Fire Code as adopted herein, or fails to comply therewith, or violates or fails to comply with any order made thereunder, or builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor of the first degree.  The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time.  When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. 
(Ord. 56-2006.  Passed 11-28-06.)
   (b)   The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 
(Ord. 3-2004.  Passed 1-13-04.)
CODIFIED ORDINANCES OF NORWOOD