PART FIFTEEN - FIRE PREVENTION CODE
         Chap.  1501.  Fire Code.
         Chap.  1502.  Bureau of Fire Prevention.
         Chap.  1504.  Key Box Requirements.
         Chap.  1505.  Open Burning.
         Chap.  1507.  Hazardous Materials Release.
         Chap.  1509.  Miscellaneous Regulations.
         Chap.  1519.  Fireworks.
CHAPTER 1501
Fire Code
1501.01   Adoption by reference.
1501.02   Purpose.
1501.03   Application.
1501.04   Enforcement.
1501.05   Definitions.
1501.06   Inspections.
1501.07   Permits and inspection fees.
1501.08   Modifications.
1501.09   Appeals.
1501.10   New materials, processes or occupancies.
1501.11   Separability.
1501.99   General code penalty; equitable remedies.
CROSS REFERENCES
      See sectional histories for similar State law
      Appeals of orders - see Ohio R.C. 119.12
      State certification of firefighters - see Ohio R.C. 737.08,  737.22, 3737.33
      State certification of Fire Safety Inspectors - see Ohio R.C. 3737.01(C), 3737.34
      Fire investigation - see Ohio R.C. 737.27, 3737.24 et seq.
      Entry and inspection - see Ohio R.C. 737.34 et seq., 3737.14, 3737.41, 3737.42
      Common Pleas Court jurisdiction - see Ohio R.C. 3737.44(A), 3737.51(H)
      Ohio Fire Code - see Ohio R.C. 3737.82 et seq.;
         OAC Ch. 1301:7-1 et seq.
      Fire extinguishing and alarm systems in rest and nursing homes - see Ohio R.C. 3721.071
      Self-service filling stations - see Ohio R.C. 3741.14
      Fireworks - see Ohio R.C. 3743.27, 3743.32 et seq.
   1501.01 ADOPTION BY REFERENCE.
   (a)   That certain document, a copy of which is on file in the Office of the Fire Chief being marked and designated as the Ohio Fire Code (December 2005 Edition) is hereby adopted as the Fire Prevention Code of the City for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of such Ohio Fire Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter.  The most recent copy of said Ohio Fire Code, including all appendices, shall be in full force and effect as soon as each revision is issued by the State of Ohio or other designated authority.
   (b)   There is hereby adopted and incorporated by reference as if set out at length herein for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the most recent published edition of the National Fire Code, published by the National Fire Protection Association, as the same now exists or as may be amended by future editions thereof, except such portions that may be deleted, modified or amended by ordinance of Council.
      (1)   Exception to (2002 Edition) NFPA 72:  Section 11.7.8.2 is not applicable.  Therefore, any remote monitoring location receiving any type of residential fire alarm signal shall immediately contact the Streetsboro Fire Department, initiating an emergency response, prior to attempting contact the residence or any other contact person(s).
   (c)   At least one complete copy of the National Fire Codes shall be on file with the Fire Chief for inspection by the public.  Should future editions of the Code be published they shall become effective within the City as of the date when the copies thereof which are required to be placed on file are so filed or made available with the person or at the place hereby designated.  Copies of applicable sections shall be provided for distribution to the public at cost.
   (d)   The following standards are hereby deleted from the National Fire Code by NFiPA, for enforcement within the City of Streetsboro:
      (1)   Volume 7 - Standard NFPA 780 (Standard for Installation of Lighting Protection Systems).
      (2)   Volume 7 - Standard NFPA 1500 (Standard for Fire Dept. Occupational Safety and Health Program).
      (3)   Volume 7 - Standard NFPA 1582 (Standard on Comprehensive Occupational Medical Health Program for Fire Departments).
      (4)   Volume 8 - Standard NFPA-1975 (Standard on Station/Work Uniforms for Fire and Emergency Services).
      (5)   Volume 8 - Standard NFPA-1999 (Standard on Protective Clothing for Emergency Medical Operations).
         (Ord.  2007-166.  Passed 12-28-07.)
   1501.02  PURPOSE.
   The purpose of this Fire Prevention Code is to prescribe minimum standards and regulations governing conditions hazardous to life and property from fire or explosion.
(Ord. 2007-166.  Passed 12-28-07.)
   1501.03  APPLICATION.
   This Fire Prevention Code applies to the use of all lands and properties within the City and such other lands or properties owned by the City which are situated outside the corporate limits thereof.
(Ord. 2007-166.  Passed 12-28-07.)
   1501.04  ENFORCEMENT.
   (a)   This Fire Prevention Code shall be enforced by the Director of Public Safety, who may further delegate enforcement hereunder to the Fire Chief.  The Fire Chief shall be the Chief of the Bureau of Fire Prevention for the purposes of this Code.
   (b)   The Fire Chief may detail such members of the Fire Department to the Fire Prevention Bureau as shall from time to time be necessary.  In the event that an inspection requires technical knowledge that is not possessed by anyone currently in the employment of the City, the Fire Chief is authorized to employ the temporary professional services of a qualified person.
   (c)   The Fire Safety Inspector, as defined in Section 1501.05, upon examination or inspection, shall issue citations when he or she finds conditions as specified in Ohio R.C. 3737.41 which are especially dangerous to the safety of persons, buildings, premises or property, and shall make any necessary remedial orders in connection therewith.  Citation enforcement may be by use of the procedures established by Ohio R.C. 3737.42 for hearing on the citation or Ohio R.C. 3737.44 for injunctive relief or a temporary restraining order and oral order for vacation of the building or premises.
   (d)   The Fire Safety Inspector, upon reasonable belief after inspection or investigation, shall, with reasonable promptness, issue a citation to the responsible person for violation of this Fire Prevention Code or any order issued by the Ohio Fire Marshal.  The citation shall fix a reasonable time for abatement of the violation and a copy may be furnished to the Ohio Fire Marshal.  Each citation issued under this subsection shall be prominently posted by the responsible person, as prescribed by the Ohio Fire Code, at or near each place a violation referred to in the citation occurs.
   (e)   Upon request of the Fire Safety Inspector, the Director of Law of the City shall institute and prosecute any necessary action or proceeding to enforce this Fire Prevention Code or Ohio R.C. Chapter 3737.
(Ord. 2007-166.  Passed 12-28-07.)
   1501.05  DEFINITIONS.
   As used in this Fire Prevention Code:
   (a)   “Fire Safety Inspector” means a person certified under Ohio R.C. 3737.34.
   (b)   “Fire Prevention Code” means Chapter 1501 of the Codified Ordinances, including the Ohio Fire Code, the BOCA National Fire Prevention Code and the National Fire Code, as adopted in Section 1501.01.
   (c)   “Approved” as applied to materials, types of construction, appliances, procedures, transportation or occupancy, means approved by the Bureau of Fire Prevention as a result of investigations and tests conducted by it, or by reason of accepted principles or tests made by the National Fire Protection Association; Building Officials and Code Administrators International, Inc; Underwriters’ Laboratories, Inc.; the Factory Mutual System, the National Fire Codes, or the American National Standards Institute.
      (Ord. 2007-166.  Passed 12-28-07.)
   1501.06  INSPECTIONS.
   (a)   No person who is not a certified Fire Safety Inspector shall act as such or hold himself or herself out to be such unless, prior to commencing any inspection function, he or she discloses the purpose for which he or she is making such inspection and the fact that he or she is not employed by any state or local fire service or agency, and that he or she is not acting in an official capacity for any governmental subdivision or agency.
   (b)   All fire protection system acceptance tests and any other test of a fire protection system, regardless of its frequency, shall be scheduled no less than 48 hours in advance with the Fire Prevention Bureau.  Testing of any fire suppression system shall be conducted between 8:00 a.m. and 3:00 p.m. on non-holiday weekdays unless previously approved by the Fire Chief or his/her designee.
(Ord. 2007-166.  Passed 12-28-07.)
   1501.07  PERMITS AND INSPECTION FEES.
   (a)   For each permit issued in compliance with this Fire Prevention Code, a twenty-five dollar ($25.00) fee shall be charged to and collected from the applicant, unless otherwise specified within this code.  Chargeable fees and their amounts are as follows:
 
(1)   Special event inspections         $25.00 each event
(2)   Special events inspection with
   amusement rides            $25.00 for up to 10 amusement rides.  Each additional amusement ride:  $10.00 per block of 5 amusement rides or portions thereof.
(3)   Fireworks displays (certified Fire Safety Inspector
   shall be on stand-by at the site one hour before
   arrival of fireworks product and remain until
   grounds are cleared            $500.00 per event
(4)   Vendor permits for special events      $25.00 each vendor
(5)   Fire protection systems - acceptance
   tests, etc.               $25.00 each test
(6)   Fire safety re-inspection: 
   2nd  re-inspection            $25.00
   3rd and subsequent inspection      $50.00 each
   (b)   Such funds collected shall deposited into an account for sole use and support of fire prevention activities. Fees may be waived by the Fire Chief or his or her designee upon the recommendation of the Officer in Charge of the Bureau of Fire Prevention.
(Ord. 2007-166.  Passed 12-28-07.)
   1501.08 MODIFICATIONS.
   The Fire Chief shall have the power to modify any provision of the Fire Prevention Code, upon application in writing by an owner or lessee, or his or her duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the spirit of the Code shall be observed, public safety secured and substantial justice done.  The particulars of such modification, when granted or allowed, shall be entered upon the records of the Fire Department and a signed copy shall be furnished to the applicant.
(Ord. 2007-166.  Passed 12-28-07.)
   1501.09  APPEALS.
   Whenever the Fire Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of this Fire Prevention Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Chief to the Director of Public Safety within thirty days from the date of the decision appealed.  If the Director shall refuse to overrule the Fire Chief, the applicant may appeal to Council within sixty days from the date of the decision appealed.
(Ord. 2007-166.  Passed 12-28-07.)
   1501.10  NEW MATERIALS, PROCESSES OR OCCUPANCIES.
   The Building Commissioner, the Fire Chief and the Director of Public Safety shall act as a committee to determine and specify, after giving notice of public hearing with an opportunity for all affected persons to be heard, any new material, processes or occupancies which shall require permits in addition to those now enumerated in this Fire Prevention Code.
(Ord. 2007-166.  Passed 12-28-07.)
   1501.11  SEPARABILITY.
   All sections, subsections, parts and provisions of this chapter, the Ohio Fire Code, the BOCA National Fire Prevention Code, and the National Fire Code, as adopted herein, are hereby declared to be independent sections, subsections, parts and provisions, and the holding of any section, subsection, part or provision thereof to be unconstitutional, void or ineffective for any cause, shall not affect or render invalid any other section, subsection, part or provision thereof.
(Ord. 2007-166.  Passed 12-28-07.)
   1501.99 GENERAL CODE PENALTY; EQUITABLE REMEDIES.
   (a)   Criminal Penalties; Equitable Remedies.
      (1)   No person shall knowingly violate any provision of this Fire Prevention Code or any order issued pursuant thereto.  A person who commits such violation is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than six months, or both, for each offense.
      (2)   No person shall fail to comply with the fire prevention measures or fire protection activities prescribed in this Fire Prevention Code, or fail to obtain a permit or license for the various uses or activities as required by such Code, or fail to comply with the application and plan submission and processing requirements, including payment of the fees designated therefor.  A person who commits any such violation is guilty of a misdemeanor of third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty days, or both, for each offense.
      (3)   Except as otherwise provide in subsection (a)(1) and (2) hereof, any person who shall violate any of the provisions of this Fire Prevention Code, or fails to comply therewith, or who shall violate or fails to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by Council or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned for not more than thirty days, or both, for each offense.
      (4)   The imposition of one penalty for any violation shall not excuse the violation or permit it to continue.  When not otherwise specified, each day such violation continues shall constitute a separate offense.
      (5)   The Director of Law shall, immediately upon notification of a violation of this Code, institute injunction, mandamus, abatement or other appropriate action to prevent, enjoin, abate or remove anything in violation of this Code.  This duty shall be in addition to his or her duty to prosecute for any violation of this Code.
      (6)   The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions or prevent the City from seeking civil penalties as provided for in subsection (b) hereof.
   (b)   Civil Penalties.
      (1)   Any person who has received a citation for a violation of the Ohio Fire Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
      (2)   Any person who fails to correct a violation for which a citation has been issued, within the period permitted for its correction, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each day during which such failure or violation continues.
      (3)   Any person who violates any of the posting requirements prescribed by Section 1501.04(d) shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
      (4)   Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged and the history of previous violations shall be given whenever a penalty is assessed under this subsection.
      (5)   For the purposes of this subsection, a serious violation shall be considered to exist if there is a substantial probability that a occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.
      (6)   Civil penalties imposed under this subsection shall be paid to the Finance Director for deposit into the General Fund.  Such penalties may be recovered in a civil action in the name of the municipality brought in the Court of Common Pleas.
         (Ord. 2007-166.  Passed 12-28-07.)