901.04 BUREAU OF FIRE PREVENTION.
(a) Creation and Composition. A Bureau of Fire Prevention in the Fire Department of the City is hereby established, which shall be operated under supervision of the Chief of the Fire Department, under the direction and control of the Director of Safety. The person in charge of the Bureau of Fire Prevention shall be referred to and known as "Chief of the Bureau of Fire Prevention" and shall be appointed on the basis of the person's qualifications by the Chief of the Fire Department with the approval of the Director of Safety. The Fire Chief shall designate such other officers and members of the Fire Department, as the Chief deems necessary, as fire inspectors for duties incident to the operation of the Bureau.
(b) Specific Powers and Duties. It shall be the duty of the Bureau of Fire Prevention to enforce all laws and ordinances covering the following:
(1) The prevention of fires;
(2) The storage and use of explosives and flammables;
(3) The installation and maintenance of automatic and other private fire alarm systems, and fire extinguishing equipment;
(4) The maintenance and regulation of fire escapes;
(5) The maintenance of protection and the elimination of hazards in buildings and structures, including those under construction;
(6) The means and adequacy of exit in case of fire from all places in which persons work, live, or congregate for any purpose or length of time including but not limited to all buildings or structures regulated by the Ohio Building Code as specified in Ohio R.C. 3781.06.
(7) The investigation of the cause, origin and circumstances of fires.
(c) General Powers and Duties. The Fire Prevention Bureau shall perform inspections and take such enforcement actions relating to the provisions of the Fire Prevention Code as deemed necessary by the Fire Chief or the Chief's agent. The Bureau shall have such other powers and perform such other duties as are set forth in other sections of this Fire Prevention Code and other ordinances, and as may be conferred and imposed from time to time by the Mayor or City Council, or by State law or regulation.
(d) Right of Entry and Inspection. The Fire Chief, Chief of the Bureau of Fire Prevention, or any inspector or assistant inspector of the Bureau may, at any reasonable hour, enter any building, premises, or vehicle within the City to perform any duty imposed on him by this Fire Prevention Code, or by the Ohio Revised Code or Ohio Fire Code, provided permission to enter is obtained from the occupant or, in the case of unoccupied property, from the owner or the owner's agent. If such permission is refused or otherwise unobtainable, a search warrant shall be obtained before such entry or inspection is made, except in the case of an emergency in which case entry may be made at any time and no search warrant is necessary. No person shall refuse to permit such emergency entry or inspection, nor shall any person hinder, obstruct, resist, or abuse any person making or attempting to make such entry or inspection.
(e) Fire Detection and Extinguishing Devices. The Fire Chief or any member of the Bureau of Fire Prevention may make or cause to be made an inspection of the contents and the working conditions of any fire extinguisher or fire extinguishing system. The Bureau of Fire Prevention shall survey each commercial and industrial establishment, mercantile, educational and institutional occupancy, place of assembly, hotel, apartment, and may survey multi-family dwellings and other buildings or dwellings within the City, and shall specify suitable fire detecting devices or extinguishing appliances which shall be provided in or near boiler rooms, kitchens of restaurants, clubs, and like establishments, storage rooms involving considerable combustible material, rooms in which hazardous manufacturing processes are involved, repair garages, and other places of a generally hazardous nature. Such devices or appliances may consist of automatic fire alarm systems, automatic sprinklers, or water spray systems, standpipe and hose systems, fixed or portable fire extinguishers of a type suitable for the probable class of fire, or approved fire blankets, manual or automatic covers, or other special fire extinguishing systems. In special hazardous processes or storage, appliances of more than one type or special systems may be required.
(f) Investigation of Fires. Pursuant to this Code and Ohio R.C. 3737.24, the Fire Chief shall investigate the cause of all fires, bombings and explosions, examine witnesses, compel the attendance of witnesses and the production of books and papers, and perform all other acts necessary to the effective discharge of such duties. The Fire Chief or the Chief's designee may administer oaths, and enter, for the purpose of examination, any building, premises or vehicle which, in their opinion, is in danger from fire or in which a fire or explosion has occurred.
(g) Orders, Enforcement and Emergencies.
(1) In the event of any actual or threatened violation of this Fire Code or any ordinance, statute or other regulation establishing requirements for the prevention of fires, including the maintenance of protection and the elimination of hazards in buildings and structures, or the means and adequacy of exit in case of fire from all places in which persons work, live, or congregate for any purpose or length of time, including an emergency situation, the Chief of Fire or the Chief's designee may issue an order that actions be taken or terminated in order to abate or prevent the violation. In addition to or in lieu of such an order, the Chief of Fire or designee may issue a notice of such a violation, provide a reasonable time in which the violation must be corrected, and serve said notice in the same manner as notices of abatement pursuant to Chapter 107 of the Codified Ordinances.
(2) No person shall fail or refuse to comply with any lawful order issued by the Chief of Fire or the Chief's designee.
(3) In the event of any actual or threatened violation of the City's Fire Code or any ordinance, statute or other regulation establishing requirements for the protection of the public or prevention of fires, including an emergency situation, the City, in addition to any other action or remedy allowed by law, may bring a criminal action, may institute proper suit in equity or law to prevent or terminate any such violation or remedy such situation, and/or may take action itself or through contractors hired for such purpose to abate the violation or situation in the same manner as the abatement of nuisances pursuant to Chapter 107 of the Codified Ordinances. If the City takes action on its own or through contractors hired for such purpose to abate the violation or situation, the City may assess its costs in the same manner as set forth in Chapter 107 of the Codified Ordinances.
(4) In any case in which the Chief of Fire or designee determines that any actual or threatened violation of the Fire Code or any ordinance, statute or other regulation establishing requirements for the protection of the public or prevention of fires poses an immediate threat of substantial and/or irreparable danger to human life or health, or the destruction of property, the Chief or the Chief's designee may declare such condition a nuisance and order its immediate abatement, and the Chief or the Chief's designee may take action necessary to immediately abate the violation or situation constituting such threat without advance notice to the owner. Such action may include entering a property for the purposes of conducting an inspection, to the extent and in the manner allowed by law, or ordering that the property be immediately vacated.
(h) Compliance.
(1) No person shall violate any provision of this Chapter and/or the Ohio Fire Code as adopted herein or any order issued pursuant thereto.
(2) No person shall fail to comply with the fire prevention measures or fire protection activities as prescribed in this Chapter and/or the Ohio Fire Code, or fail to obtain a permit or license for the various uses or activities as required by such Codes, or fail to comply with the City's application and plan submission and processing requirements including payment of the fees designated therefor.
(i) Nuisances.
(1) Any premises within this City where a fire has occurred, and substantial interior or exterior damage to a building or structure has been suffered, is hereby declared to be a public nuisance. Such nuisance may be abated by the Fire Chief, Director of Building or Director of Housing Inspection in the manner provided in Chapter 107 of the Codified Ordinances.
(2) Any premises found by the Fire Chief or the Chief's designee to pose a threat of fire, or of injury to persons, including Fire personnel, or property due to any of the following may be declared a nuisance by the Chief or the Chief's designee:
A. Lack of adequate fire protection, as required by law for the particular premises;
B. Lack of adequate means of exit in case of a fire;
C. Presence of conditions posing a serious risk of injury to persons attempting to exit the premises in case of a fire, or to Fire personnel attempting to fight a fire in the premises;
D. Accumulation in the premises of personal property, rubbish or other waste, in such quantity as to pose a threat of substantial and unnecessary fire load, and/or of unknown hazards or other combustibles.
The Chief of Fire shall cause notice of such nuisance to be provided to the owner, lessee, occupant or person in charge or control of the premises in the manner as set forth in Chapter 107 of the Codified Ordinances. If the owner, lessee, occupant, or person in charge or control of a premises fails to abate any nuisance after notice is provided, the City may abate the nuisance and charge the cost to the property, in the manner set forth in Chapter 107 of the Codified Ordinances.
(Ord. 19-14. Enacted 2-11-19.)