(A) The Fire Chief shall be responsible for the enforcement of the City of Weirton Fire Prevention Code. To assist in the performance of the responsibilities and duties placed upon the Fire Chief, a Bureau of Fire Prevention in the Fire Department is hereby created. The Bureau shall operate under the supervision of the Fire Chief, who shall designate fire officials of the Fire Department as Fire Marshals for the Bureau. The Fire Marshals shall report to the Fire Chief, shall be the administrators of the Bureau of Fire Prevention and shall be responsible for administration and enforcement of the Fire Prevention Code. The Fire Chief may also designate members of the Fire Department, who have met the qualifications and training as set forth in either Weirton Fire Department Code enforcement (SOG 2.2) or Fire Investigation (SOG 2.2) as Deputy Fire Marshals. The Fire Chief is authorized, if he/she deems it necessary, to create additional bureaus and appoint additional Fire Marshals. The Fire Marshals and Deputy Fire Marshals are hereby empowered to enforce the Fire Prevention Code and to cite for any Fire Code violations upon observation of each such offense. Violations for which citations may be issued by the Fire Marshals and Deputy Fire Marshals include, but are not limited to:
(1) Locked or blocked fire exits.
(2) Overcrowding in violation of posted occupant loads.
(3) Failure to maintain occupant load posting.
(4) Blocking or obstructing designated fire lanes.
(5) Outdoor burning without a state forester permit, when such a permit is required.
(6) Burning of materials not authorized in the state burning permit.
(7) Having a bonfire or other similar fire without approval of the Weirton Fire Department.
(8) Refusing to cease burning of materials when ordered to do so by proper authority.
(9) Tampering with any portable or fixed fire extinguishing system or device or any fire warning system.
(10) Illegal burning.
(11) Malicious burning.
(12) Obstructing a Fire Marshal.
(13) Failure to comply with orders.
(14) Any violation of the Weirton Fire Prevention Code, West Virginia State Fire Code, or any other fire codes or standards adopted by specific reference by the State of West Virginia.
(B) Fire Marshals and Deputy Fire Marshals are hereby empowered to make arrests anywhere within the City of Weirton of any person charged with the violations of malicious burning, obstructing a Fire Marshal, or failure to comply with orders; and when a witness to the perpetrations of these offenses, to make arrests without warrant; or to detain any persons suspected of the commission of these offenses for investigatory purposes.
(C) Fire Marshals and Deputy Fire Marshals are hereby empowered to make complaint in writing before the Municipal Judge or appropriate municipal court officer and procure a warrant for the arrest of any offender of the violations of malicious burning, obstructing a Fire Marshal, or failure to comply with orders. Fire Marshals and Deputy Fire Marshals may execute any summons or warrant issued by the Municipal Judge or appropriate municipal court officer for the offenses of malicious burning, obstructing a Fire Marshal, or failure to comply with orders upon the offender within the city. Any return by a Fire Marshal or Deputy Fire Marshal showing the manner of executing the warrant or summons has the same force and effect as if made by a police officer.
(D) The Fire Chief, who is responsible for the enforcement of the Fire Prevention Code, may revoke or rescind, at any time, any Fire Department member's enforcement powers when, in the opinion of the Fire Chief, these powers have been abused or improperly enforced.
(E) Nothing within this article shall prevent a Fire Marshal or a Deputy Fire Marshal from seeking injunctive relief against the responsible party at any time once any Code violation is noted.
(F) There is hereby established a Weirton Fire Prevention Board which shall ultimately be responsible for the orderly enforcement of the Fire Prevention Code. The membership of the Board shall be composed of the City Manager, who shall be its permanent chairperson, the Chief of the Fire Department, the City Engineer, the Chief Code Official and one councilmember. The chairperson shall not have a vote unless there is a tie. All actions contemplated by the City's Fire Marshal or Deputy Fire Marshals shall first be reviewed by the Fire Chief who at his discretion may delay any such action until such time as the matter has been presented to the Board for deliberation and recommendation. The Board shall prescribe its own rules and regulations governing its meetings and proceedings, and may, from time to time promulgate appropriate rules and regulations, not otherwise inconsistent with the ordinances of the city or the statutes of the State, which the Board may deem necessary for the orderly enforcement of the Fire Prevention Code. The Board shall have the right to conduct appeal hearings pursuant to § 1501.30. This article shall be effective upon the date of adoption.
(Ord. 2041, passed 8-13-18)