The Ohio Fire Code, as adopted in Section 1610.01, is hereby amended in the following respects:
(B) SECTION FM-202.0 GENERAL DEFINITIONS (Amended).
"Approved," when applied to materials, types of construction, appliances, procedures, transportation or occupancy, means approved by the Pepper Pike Fire Department, as a result of investigations and tests conducted by it or by reason of accepted principles, research reports or tests made by the National Fire Protection Association; Building Officials and Code Administrators International, Incorporated; the National Fire Codes, the 1992 edition; or any other authoritative source specified in Section 1301:75-01 of the Ohio Administrative Code (Section FM-117.2 of the Ohio Fire Code).
"Fire official" means the Fire Chief of the City of Pepper Pike or his or her authorized representatives.
(T) SECTION FM-520.0 SMOKE DETECTORS (Added).
Section FM-520.1 is hereby enacted to read as follows:
(1) FM-520.1 Residential smoke detectors:
(a) Smoke detectors shall be installed in each dwelling unit hereinafter constructed. There shall be a minimum of one smoke detector for each floor level in each dwelling unit. The Pepper Pike Fire Department shall determine the locations where the smoke detectors are to be placed and shall approve the type of smoke detector to be used.
(b) All smoke detectors shall bear the label of a nationally recognized testing laboratory.
(c) All smoke detectors shall be installed to comply with the manufacturer's recommendations and the recommendations of the approving or listing agency.
(d) If battery-operated smoke detectors are used, the batteries shall be replaced at least once a year or as recommended by the manufacturer of the smoke detector.
(e) The detector shall be sensitive to visible and invisible products of combustion, except that detectors sensitive to heat only are not acceptable.
(f) All alarm sounding devices shall be rated at not less than 85 decibels at 10 feet and shall be able to sound this level of warning for a minimum of 4 continuous minutes.
(g) Smoke detectors shall be installed in all residential buildings hereinafter constructed before an occupancy permit is issued.
(F) SECTION FM-2806.0 FIRE SAFETY REQUIREMENTS FOR SERVICE STATIONS AND REPAIR GARAGES
SECTION FM-2806.10 (Amended).
Section FM-2806.10 is hereby amended to read as follows:
(10) FM-2806.10. The standard for self-service filling stations shall be those listed in Sections 3741.14 and 3741.141 of the Revised Code, NFiPA 30A and the Occupational Safety and Health Act of 1970 and any amendments thereto, or standards as may be adopted by the fire marshal pursuant to division (B) of Section 3741.14 of the Revised Code and as provided herein.
(a) FM-2806.10.1. Each filling station offering self-service shall offer at least 1 island of full-service and shall be under direct control of an attendant at all times when gasoline or other flammable liquids are being dispensed or sold. It shall be the responsibility of the operator of the filling station to see that all attendant employees are properly trained in handling emergencies of a flammable fuel type.
(b) FM-2806.10.2. It shall be the responsibility of the operator of the filling station to see that all attendant employees read and be familiar with applicable codes and standards.
(c) FM-2806.10.3. Equipment to convert to self-service or new equipment installed for the purpose of providing self-service shall be approved by authoritative sources [testing laboratory] listed in paragraph (B) of rule 1301.7-5-01 of the Ohio Administrative Code (Section FM-117.2 of the Ohio Fire Code).
(d) FM-2806.10.4. Dispensing devices shall not be operated by the customer until activated by the attendant. Gasoline and other flammable liquids shall be dispensed only by a person who is not smoking and who, in the judgment of the attendant, appears to be able and competent. The attendant shall authorize each individual sale and shall activate the dispensing device only after such authorization.
(e) FM-2806.10.5. The attendant shall not authorize the dispensing of
class 1 liquid from the self-service dispensers until the attendant has ascertained that a class 1 liquid can be safely dispensed.
(f) FM-2806.10.6. Dispensing nozzles used by any person other than an attendant shall be of an approved automatic closing type without a hold open latch.
(g) FM-2806.10.7. A sign in block letters at least 4 inches in height shall be conspicuously displayed on each gasoline pump island where self service is offered stating that it is a self-service island.
(h) FM-2806.10.8. Signs giving instructions for the operation of gasoline dispensing equipment in block letters at least one-half inch in height shall be conspicuously posted at each self-service filling station offering self-service.
(i) FM-2806.10.9. A sign bearing the following words in block letters at least 2 inches in height shall be conspicuously posted on each gasoline pump island where self-service is offered:
(a) "STOP ENGINE";
(b) "NO SMOKING";
(c) “WARNING--IT IS UNLAWFUL AND DANGEROUS TO DISPENSE GASOLINE INTO UNAPPROVED CONTAINERS.”
(j) FM-2806.10.10. All signs required by this section shall be constructed of rigid, weather-resistant material.
(k) FM-2806.10.11. The sale of any merchandise at a filling atation which is not automobile related is prohibited.
(A) SECTION FM-3601.0 GENERAL (Amended).
Section F-3601.2 is hereby amended to read as follows:
(2) F-3601.2 Permit required: A permit shall be obtained from the fire official for each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 1200 gallons water capacity, and for each permanent installation, irrespective of size of containers, made at buildings in which people congregate for civic, political, educational, religious, social or recreational purposes. Such buildings shall include schools, churches, hospitals, institutions, hotels and restaurants, each having a capacity of twenty or more persons. Prior to making such an installation, an installer shall submit plans to the fire official, and if compliance with the requirements of all State laws and City ordinances, including the Building Code and this Fire Prevention Code, is shown by such plans, a permit shall be issued.
(3) Section FM-3601.2.1 is hereby amended to read as follows:
FM-3601.2.1 Record of installation: Installers shall maintain a record of all installations for which a permit is not required by Section F-3601.2 (but not including installation of gas burning appliances and replacing of portable cylinders) and have it available for inspection by the fire official.
(a) Criminal Penalties.
(1) Whoever violates Section 1610.05(a) is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.
(ORC 3737.99(B))
(ORC 3737.99(C))
(ORC 3737.99(D))
(ORC 3737.99(E))
(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 shall 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 prescribed by Section 1610.04(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 by this chapter shall be paid to the City Treasurer for deposit into the General Fund. Such penalties may be recovered in a civil action in the name of the City brought in the Court of Common Pleas. (ORC 3737.51(B) to (H))