PART FIFTEEN - FIRE PREVENTION CODE
Art. 1505.  Fire Prevention Code.
Art. 1511.  Removal of Hazardous Conditions.
Art. 1517.  Fire Suppression Authority.
Art. 1523.  Fire Emergency Control.
ARTICLE 1505
Fire Prevention Code
1505.01   Adoption.
1505.02   Definitions.
1505.03   Bureau of Fire Prevention.
1505.04   Issuance of citations for fire and safety violations.
1505.05   Access box(es).
1505.99   Penalty.
 
CROSS REFERENCES
Adoption of technical codes by reference - see W.Va. Code 8-11-1
Authority to regulate - see W. Va. Code 8-12-5(14) et seq.
Municipal inspection - see W. Va. Code 8-12-15
Fire lanes - see TRAF. 305.04
Fireworks sale and display - see GEN. OFF. 545.04
 
1505.01  ADOPTION.
   For the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the West Virginia State Fire Code is adopted, pursuant to West Virginia Code 29-3-5 or any subsequently adopted Fire Code authorized by West Virginia Code 29-3-5, except such portions as are deleted, modified or amended by this article.  (Ord.  2019-05.  Passed 4-15-19.)
1505.02  DEFINITIONS.
   (a)    Wherever the word "Municipality" is used in the City Fire Prevention Code, it shall mean the City.
 
   (b)    Wherever the term "Corporation counsel" is used in the Fire Prevention Code, it shall mean the City Attorney.
 
   (c)    Whenever "fire"  is used in the Fire Prevention Code, it includes flammable gas, toxic gas, corrosive liquids and decomposing chemicals.
(Ord. 2009-22.  Passed 12-7-09.)
1505.03  BUREAU OF FIRE PREVENTION.
   (a)   The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
   (b)    The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary.
(Ord. 2009-22.  Passed 12-7-09.)
1505.04  ISSUANCE OF CITATIONS FOR FIRE AND SAFETY VIOLATIONS.
   (a)   Issuance of Citations for Fire and Life Safety Violations. The Fire Chief or any member of the Municipal Fire Department deputized by the State Fire Marshal pursuant to West Virginia Code 29-3-12(j)) or member approved by the Municipal Fire Chief, and who is properly qualified, may issue citations for fire and life safety violations of the State Fire Code and as provided for by the rules promulgated by the State Fire Commission in accordance with West Virginia Code 29A-3-1 et seq., which State Fire Code, rules and regulations are hereby adopted and approved as the Fire Code of the City, which occur or exist within the municipal limits of the City, returnable to the Municipal Court of the City; provided, that a summary report of all citations issued pursuant to this section by persons deputized under West Virginia Code 29-3-12(j)) shall be forwarded semiannually to the State Fire Marshal in such form and containing such information as he may by regulation require, including the violation for which the citation was issued, the date of issuance, the name of the person issuing the citation and the person to whom the citation was issued. The State Fire Marshal may at any time revoke the authorization of a person deputized pursuant to West Virginia Code 29-3-12(j) to issue citations, if in the opinion of the State Fire Marshal, the exercise of such authority by such person is inappropriate. No person deputized pursuant to West Virginia Code 29-3-12(j) may be authorized to issue citations unless that person has satisfactorily completed a law enforcement officer training course designed specifically for fire marshals. The course shall be approved by the law enforcement training subcommittee of the Governor's Committee on Criminal Justice and Highway Safety and the State Fire Commission. In addition, no person deputized pursuant to West Virginia Code 29-3-12(j) may be authorized to issue a citation until evidence of liability coverage of such person has been provided, and that evidence of liability coverage has been filed with the State Fire Marshal.
   (b)    Violations for Which Citations May be Issued. Violations for which citations may be issued include, but are not limited to:
      (1)    Overcrowding places of public assembly;
      (2)    Locked or blocked exits in public areas;
      (3)    Failure to abate a fire hazard;
      (4)    Blocking of fire lanes or Fire Department connections and;
      (5)    Tampering with, or rendering inoperable except during necessary maintenance or repairs, on-premise firefighter equipment, fire detection equipment and fire alarm systems.
      (6)    False Alarm of a Fire. No person shall make, turn in or telephone, or by use of any means or methods of communication aid or abet in the making or turning in of, any alarm of fire which he knows to be false at the time of the making.
   (c)    Penalties for Violations.
      (1)    Any person who violates Section 1505.04 (b) of the City Code "Blocking of fire lanes," shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined twenty-five dollars ($25.00) for a first offense violation, provided that the fine shall be fifty dollars ($50.00) if not paid within 10 days of the citation, complaint or warrant being issued, fined one hundred dollars ($100.00) for a second offense violation which occurs within one year, and fined two hundred dollars ($200.00) and/or imprisoned not more than thirty (30) days, or both fined and imprisoned for a third offense violation.
      (2)    Any person who violates the State Fire Code, and/or rules and regulations of the State Fire Commission which are adopted by this section to be the Fire Code, rules and regulations of the City, other than blocking fire lanes, shall be subject to the penalty provision of Section 1505.99 of the City Code.
      (3)    Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use in violation of said Fire Code, rules and regulations continues after knowledge or official notice that same is illegal, shall be deemed a separate offense.
         (Ord. 2009-22.  Passed 12-7-09.)
1505.05  ACCESS BOX(ES).
   The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. The access box(es) shall be an approved type listed in accordance with UL 1037.
   WHEREAS, many properties are equipped with automatic alarm systems and/or sprinkler/standpipe systems, and these automatic systems may cause the Fire Department to be summoned at a time when the building or business is not occupied or when the occupant is not available to provide immediate entry for the fire department; and
   WHEREAS, the City of St. Albans wishes to prevent damage from forcible entry into
structures and provide swift entry into structures by the Fire Department; and
   WHEREAS, the National Fire Protection Code Fire Code 1 Chapter 18, Section 18.2.2.1 and the West Virginia State Fire Code Title 87 by acceptance of NFPA 1 may require certain occupancies to maintain a Rapid Access System as prescribed by the Authority
Having Jurisdiction, the City of St. Albans finds a need to establish such a Rapid Entry System for the City of St. Albans.
   (a)   Commercial Buildings Requiring a Rapid Entry System, Hereby Referred to as Knox Box Will be:
      (1)   Any building with an automatic alarm system monitored or nonmonitored by a third party which may cause the Fire Department to be summoned at a time when the building or business is not occupied or when the occupant is not available to provide immediate entry for the fire department.
      (2)   Any building with an automatic sprinkler system. To maintain security and ensure the highest standards are met, the ordinance will require the Knox brand key access box which has completed the standard certifications set forth by UL1037, UL1610, UL1332 and UL437.
   (b)   Locations for Which the Knox Box Shall Be Installed Are:
      (1)   Unless otherwise specified by the St. Albans Fire Department Bureau of Fire Prevention, the key box shall be installed adjacent to the main entrance to the structure and shall be installed at a height no less than thirty-six inches (36") from walking grade and no greater than seventy-two inches (72") from walking grade at the installation location.
   (c)   Key Box Contents: The key boxes shall contain items designated by the Fire Official, including, but not limited to:
      (1)   Labeled keys to locked points of entry/egress, whether in interior or exterior of such buildings.
      (2)   Labeled keys to the locked mechanical rooms.
      (3)   Labeled keys to any fence or secured areas not previously covered.
      (4)   Labeled keys to any other areas that may be required by the Fire Official.
      (5)   A card containing the emergency contact people and phone numbers for each occupancy. This card should contain day/night contact information for not less than two individuals. This card should contain the date of the last update or review.
      (6)   All keys and information shall be kept current.
   (d)   Key Placement Procedure: Upon proper installation as outlined by the manufacturer in the order/installation packet, the Responsible Party or his/her designee must call the St. Albans Fire Department Bureau of Fire Prevention to schedule a time when the appropriate item(s) outlined in subsection (c).
   (e)   Timeframe for Compliance: Existing commercial occupancies requiring a Knox box will have 18 months from the passing of this ordinance to comply. New commercial occupancies who require a Knox box based on the above requirements, shall have the order placed for the box prior to the issuance of a city business license.
   (f)   Non-Compliant: Commercial occupancies not complying with this ordinance will subject the responsible party to the penalties of City of St. Albans Codified Ordinance 1505.04 Issuance of Citations for Fire and Safety Violations.
   (g)   Building Owner Options for the Key Access Box(es) Are The:
      (1)   Knox brand 3200
      (2)   Knox brand 4400 Single Lock Access
   (h)   Ordering Instructions/information:
      (1)   Included in packet.
   (i)   Installation Instructions/Product Specifications:
      (1)   Included in packet.
         (Ord.  2019-09.  Passed 10-21-19.)
1505.99  PENALTY.
   (a)   Except as otherwise provided in this article, whoever violates any provision of the Fire Prevention Code or fails to comply therewith, or whoever violates or fails to comply with any order made thereunder, or whoever builds in violation of any detailed statement of specifications of plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or whoever fails to comply with such an order as affirmed or modified by the Bureau of Fire Prevention or by a court of competent jurisdiction, within the time fixed therein, shall severally for each such violation and noncompliance respectively, be fined not more than five hundred dollars ($500.00) or imprisoned not more than thirty days or both.
   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; and when not otherwise specified. Each day that prohibited conditions are maintained shall constitute a separate offense, to be consistent with (c) Penalties for Violations.
   (b)    The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.  (Ord. 2009-22.  Passed 12-7-09.)