(a) The Court of Common Pleas shall have jurisdiction, upon a complaint filed by the Chief of the Fire Prevention Bureau to restrain, immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by Chapter 1501
, any condition or practices in any building or upon any premises which violate the State Fire Code and are such that a fire or explosion hazard exists which could reasonably be expected to cause death or serious physical harm. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove such imminent danger.
(b) Upon the filing of any such complaint, the Court has jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to Chapter 1501
.
(c) Whenever the Chief of the Fire Prevention Bureau concludes that conditions or practices described in subsection (a) hereof exist in any building or on any premises, he shall inform the owner, operator, lessees, occupants and other affected persons of the danger and that he is seeking relief. If necessary to preserve life, he may orally order the building or premises vacated immediately. Such an order shall remain in effect for not more than twenty-four hours. In addition, the officer making the order shall post written notice in conspicuous places on the building or premises.
(d) If the Chief of the Fire Prevention Bureau arbitrarily or capriciously fails to seek relief under this section, any person who may be injured by reason of such failure may bring an action against him in the court of common pleas of the county in which the imminent danger is alleged to exist for a writ of mandamus to compel him to seek such relief.
(Ord. 3803. Passed 10-10-89.)