(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 ten (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.)