The Fire Department shall respond only within the Corporate limits of the City of Princeton with the following exceptions:
Outer limits of Dan Hale Reservoir, or any other City owned property.
Mutual Aid will be provided at the request of another fire service, but at no time will leave the City be unprotected by providing that both stations must maintain sufficient ability to respond to any emergency need of the City.
(a) Division of Fire Prevention Established. A Division of Fire Prevention in the Fire Department is hereby established which shall be operated under the supervision of the Chief of the Fire Department.
(b) Director of Division of Fire Prevention. Subject to West Virginia Civil Service Law and Regulations, the Chief of the Fire Department shall designate an officer (or member) of the Fire Department as Director of the Division of Fire Prevention, who shall hold this position at the pleasure of the Chief of the Fire Department.
(c) Inspectors. Subject to West Virginia Civil Service Law and Regulations, the Chief of the Fire Department may detail such members of the Fire Department as Inspectors as shall from time to time be necessary.
(d) Intent of Code. It is the intent of this Code to prescribe regulations consistent with nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life and property in the use or occupancy of buildings and premises. Compliance with the standards of the National Fire Prevention and Life Safety Code 101 or other approved nationally recognized standards shall be deemed to be prima facie evidence of compliance with this intent.
(e) Application of Code.
(1) The provisions of this Code shall apply equally to new and existing conditions except that existing conditions not in strict compliance with the terms of this Code shall be permitted to continue where the exceptions do not constitute a distinct hazard to life or property in the opinion of the Fire Chief or its designee.
(2) Nothing contained in this Code shall be construed as applying to the transportation of any article or thing shipped under the jurisdiction of and in compliance with the regulations prescribed by the Interstate Commerce Commission, nor as applying to the military forces of the United States.
(f) Right of Entry. The Chief of the Fire Department, Director of the Division of Fire Prevention or any Inspector may, at all reasonable hours, enter any building or premises within his jurisdiction for the purpose of making inspection, or investigation which, under the provisions of this law, he or they may deem necessary to be made.
(g) Inspections. The Chief of the Fire Department, Director of the Division of Fire Prevention or an Inspector specially designated thereto shall inspect as often as necessary all specially hazardous manufacturing processes, storage or installations of gases, chemicals, oils, explosives and flammable materials, all interior fire alarm and automatic sprinkler systems, and such other hazards or appliances as the Chief of the Fire Department shall designate, and shall issue such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire.
(h) Order of Removal.
(1) It shall be the duty of the Chief of the Fire Department to inspect, or cause to be inspected by the Director of the Division of Fire Prevention, or by the Fire Department officers and members, as often as necessary all buildings and premises, except the interiors of private dwellings for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of any ordinances of the City affecting the Fire Hazard.
(2) Whenever any Inspector, as defined above, shall find in any building or upon any premises, combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulations of waste paper, boxes, shavings, or highly flammable materials and which is so situated as to endanger life or property; or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of the occupants in case of fire, he shall order the same to be removed or remedied.
(i) Places of Assembly. It shall be the duty of the Chief of the Fire Department to inspect, or cause to be inspected by the Division of Fire Prevention, or by the Fire Department officers or members, each place of assembly including time of occupancy and use, as to insure compliance with all laws, regulations and orders dealing with overcrowding, use of decorations, maintenance of exit ways, collapse of revolving doors, and maintenance of fire appliances in such places of assembly. Where conditions are to be unsatisfactory, orders for immediate correction will be given.
(j) Dangerous Conditions. The Chief of the Fire Department, Director of the Division of Fire Prevention or an Inspector upon complaint of any person or whenever he or they shall deem it necessary shall inspect all buildings and premises within their jurisdiction. Whenever any of the officers shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever such officer shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof he or they shall order such dangerous condition or materials to be removed or remedied in such manner as may be specified by the Chief of the Fire Department.
(k) Service of Orders.
(1) The service of such orders as mentioned in subsection (g) and (j) hereof made upon the owner, occupant or other person responsible for the conditions by delivering the same those listed above. In case no such person is found upon the premises, certified notice shall be sent to those listed above.
(2) If buildings or other premises are owned by one or more persons and occupied by another under lease or otherwise, the orders issued in connection with the enforcing of this law shall apply to the occupant above, except where the rules or orders require the making of additions to or changes in the premises themselves, such as would immediately become real estate and the property of the owner of the premises; in such cases the rules or orders shall affect the owner and not the occupant unless it is otherwise agreed between the owner and the occupant.
(3) Any such order shall forthwith be complied with by the owner or occupant of such premises or building. If such order is made by one of the Inspectors; such owner or occupant may within twenty-four hours appeal to the Chief of the Fire Department, who shall, within five days, review such order and file his decision thereon, and unless by his authority the order is revoked or modified it shall remain in full force and be complied with within the time fixed in said order or decision of the Chief of the Fire Department.
(4) Provided, however, that any such owner or occupant may, within five days after the making or affirming of any such order by the Chief of the Fire Department, file his petition with the City Manager, praying a review of such order and it shall be the duty of such Manager to hear the same within not less than thirty days from the time the petition is filed, and to make such order in the premises as right and justice may require, and such decision shall be final.
(l) Investigation of Fires. The Division shall investigate the cause, origin and circumstances of every fire occurring in the City involving loss of life or injury to persons or by which property has been destroyed or damaged, and, so far as possible, shall determine whether the fire is a result of carelessness or design. Such investigation shall be done immediately on the occurrence, and if it appears to the officer making such an investigation, that such fire is suspicious origin, the Chief of the Fire Department shall be immediately notified of the facts; he shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigations of such matters, and shall co-operate with the authorities in the collection of evidence and in the prosecution of the case.
(m) City Solicitor and Police Departments. The City Solicitor and the City Police Department, upon request of the Fire Department, shall assist the Inspectors in the investigation of any fire, which, in their opinion, is of suspicious origin.
(n) Permits.
(1) A permit shall constitute permission to maintain, store or handle materials, of to conduct processes, which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Such permit does not take the place of any license required by law. It shall not be transferable, and any change in use or occupancy of premises shall require a new permit.
(2) Before a permit may be issued, the Fire Chief or his designee, shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by departments other than the Fire Department are applicable, joint approval shall be obtained from all agencies concerned.
(3) All applications for a permit required by this Code shall be made to the Fire Chief in such form and details as it shall prescribe. Applications for permits shall be accompanied by such plans as required by the Fire Department.
(4) Permits shall at all times be kept on the premises designated therein, and shall at all times be subject to inspection by any officer of the Fire or Police Departments.
(5) One permit only shall be required by establishments, dealing in, or using, two or more flammable, combustible or explosive materials to be kept in the establishment at any one time, but each of the materials shall be listed in the permit.
(6) A burning permit may be issued by the Fire Chief, or his designee after inspection of the area for brush, leaves or grass only. If the area is approved for issuance of a burning permit, the permit shall be issued only for the hours designated.
(o) Revocation of Permit. The Fire Chef may revoke a permit or approval issued if any violation of this Code is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.
(p) Right of Appeal. Whenever the Fire Department shall reject or refuse to grant a license or a permit, or when it is claimed that provisions of this law or any laws relating thereto do not apply, or when it is claimed that the true intent and meaning of this law or any regulations have been misconstrued or wrongly interpreted, and the license or the permit applied for having been refused by the Fire Department, then the person may appeal from the decision of the Fire Department, in writing as outlined in subsection (k) hereof.
(q) Committee for Permits. The City Manager, the Chief of the Fire Department and the Director of the Division shall act as a Committee on determination, and specify any new materials, processes or occupancies, and trades which shall require permits, in addition to those now enumerated in this law. The Building Inspector and the Fire Chief shall post such list in a conspicuous place in his office.
(r) Authority of Fire Chief. The Fire Chief shall have power to modify any of the provisions of this law upon application in writing by the owner or lessee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of this law, provided that the spirit of this law 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 Department and a signed copy shall be furnished the applicant.
(s) Liability for Damages. This law shall not be construed to affect the responsibility of any party owning, operating or installing any equipment for damage to persons or property caused by any defect therein, nor shall the City be held as assuming any such liability by reason of the inspection or reinspection authorized herein or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.
(t) Penalties.
(1) Whoever violates any provision of this law or neglects or fails to comply therewith, or who shall violate, neglect or fail to comply with any order or regulation made thereunder, or who shall build or construct any structure, or part thereof, in violation of any detailed statement of specifications, plans or blueprints submitted and approved thereunder, or in violation of any certificate or permit issued thereunder, shall be deemed guilty of a misdemeanor and fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or may be imprisoned no more than thirty days, or both.
(2) The imposition of any such penalty shall not excuse the violation, neglect or noncompliance, nor permit nor allow its continuance, and any person violating, neglecting or failing to comply with the provisions of the Fire Prevention Law shall be required to correct, or remedy such violations, neglects, defaults, or defects within a reasonable time, and each day that any such violation, neglect or noncompliance shall continue shall constitute a separate offense. The application or use of the above penal provisions shall not be held to prevent the removal of the prohibited conditions, and the City shall have the right, in addition to such penal provisions, to proceed in any Court having jurisdiction for the correction of the same by any lawful procedure provided for by the courts of West Virginia.
(Passed 12-2-91)