All buildings or other structures to be demolished or otherwise removed in part or in whole in the city shall require the placement of an on-site fire protection guard unless an exception is granted as provided in this chapter.
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
QUALIFIED FIRE PROTECTION GUARD. An individual hired from a bonded security agency or a person approved by the City Police Department and Fire Department. The approved individual shall, at a minimum, have not been convicted of a felony offense within the ten years immediately preceding the date of the demolition application and must be able to demonstrate the ability to use a standard two-way communication system.
(B) Required notification. Prior to the start of salvage and/or demolition, the contractor, individual or business performing the demolition shall provide notice to the City Fire Department and the Inspection Office of the name, address and telephone number, both residence and business of the fire protection guard, together with written work shift schedule.
(C) Required equipment. Any fire protection guard shall be equipped with a fully functional portables radio having both 911 and the City Fire Department frequency, cellular telephone or similarly reliable two-way communication system. Other equipment may be required by the City Fire Department based on the circumstances and nature of the demolition undertaken.
(D) Costs, fees and expenses. All costs, fees or expenses, including but not limited to salaries or rental of any equipment shall be the responsibility of and be borne by the contractor, individual or business securing the demolition permit.
(E) Exception to the requirement. The City Fire Department and the Inspection Office may, after a review of an application for demolition permit and an on-site inspection, waive the requirement of a fire protection guard. Any waiver shall be in writing and signed by the Fire Chief and the Building Official.
(F) Criteria to be used in granting a waiver. The City Fire Department and the Inspection Office may consider, but shall not be limited to, the following factors in their determination if a waiver of the requirement of a fire protection guard is warranted:
(1) Geographical location of the building or structure;
(2) Construction materials of the building or structure;
(3) Size and square footage of the building or structure;
(4) Previous use or occupancy characteristics of the building or structure;
(5) Public safety, life hazards and exposure problems in the vicinity of the building or structure to be demolished or otherwise removed;
(6) The location, size and number of fire hydrants in the vicinity of the proposed demolition site;
(7) Time frame needed for demolition and the method of demolition;
(8) Past record, history or experience of the contractor, individual or other business demolishing the building or structure;
(9) Manpower and equipment to be used in the demolition project; and
(10) Presence of nearby buildings or other structures that are individual or contributing properties in a Historic District listed on the National Register of Historic Places, properties designated as city local landmarks or contributing properties in a designated City Local Historic District.
(G) Revocation of waiver. Regardless of the granting of a waiver for the requirement of the placement of a fire protection guard, if, in the opinion of the City Fire Department and the Inspection Office, the circumstances have materially changed or other appropriate circumstances exist, any waiver may be revoked upon notice. In that event, the provisions relating to the placement of an on-site fire protection guard shall be implemented forthwith.
(1980 Code, § 23.302) (Ord. 8926, passed 11-13-2001)