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1501.08 FAILURE TO COMPLY WITH ORDER.
In addition thereto in the event of fire resulting directly or indirectly from any omission or neglect to properly comply with any written order of an authorized fire inspector, any such owner, lessee, occupant or person culpable or negligent in respect thereto shall be liable to the City for the payment of all costs and expenses of the Fire Department incurred in and about the use of employees, apparatus and materials in the extinguishment of any fire resulting from such cause; the amount of such costs and expenses to be fixed by the Chief of the Fire Department, and to be collected by the City, in a civil action, wherein the City shall be plaintiff and the party culpable or negligent, as above set forth, shall be defendant. (1967 Code §91.13)
1501.09 RECORDS OF FIRES.
The Alarm Office shall keep, in the office of the Bureau of Fire Prevention, a record of all fires and of all the facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, and whether such losses were covered by insurance and if so, in what amount. Such record shall be made daily from the reports made by the inspectors under the provision of this Fire Prevention Code. All such records shall be public. (1967 Code §91.18)
1501.10 INVESTIGATORY POWERS-FIRE DEPARTMENT ARSON INVESTIGATORS.
(a) Definition. As used in this chapter:
"Member of a fire department" means any person who receives an original appointment as a full-time regular fireman in the fire department of a municipal corporation from a duly established civil service eligible list, or who is appointed to a position in a fire department under Ohio R.C. 709.012 or 737.22, or who, on October 1, 1965, was contributing four percent of his annual salary to a firemen's relief and pension fund established under Ohio R.C. 741.02, or who is appointed to a position in a township fire department under Ohio R.C. 505.38, or who, on October 1, 1965, was contributing four percent of his annual salary to a township firemen's relief and pension fund established under Ohio R.C. 521.02.
(b) Investigation of Cause of Fire. The Chief of the Fire Department, or a duly designated fire investigation officer of the Fire Department, shall investigate the cause, origin and circumstances of each major fire, as determined by the rules of the Fire Marshal, occurring within the City of Youngstown, and shall make an investigation to determine whether the fire was a result of carelessness or design. The investigation shall be commenced within two days, not including Sunday, if the fire occurred on that day.
In the performance of the duties imposed by this section and Ohio R.C. Chapter 3737, the Chief of the Fire Department, or a duly designated fire investigator of the Fire Department, at any time of day or night, may enter upon and examine any building or premises where a fire has occurred and other buildings and premises adjoining or near thereunto.
(c) Taking of Testimony. Pursuant to Ohio R.C. 737.27, if in the opinion of the Chief of the Fire Department, or a duly designated fire investigator of the Fire Department, further investigation is necessary, he, or a fire investigator, shall take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts, or to have means of knowledge in relation to the matter concerning which an examination is required to be made and cause such testimony to be reduced to writing.
(d) Arrest of Suspect. Pursuant to Ohio R.C. 737.27, if the Chief of the Fire Department, or a duly designated fire investigation officer of the Fire Department, is of the opinion that there is evidence sufficient to charge a person with arson or a similar crime, or with a violation of Ohio R.C. 3737.62, he shall arrest such person or cause him to be arrested and charged with such offense. The Chief of the Fire Department, or the fire investigator, shall furnish the prosecuting attorney such evidence, with the names of witnesses and a copy of material testimony taken in the case.
(e) Power to Compel Attendance of Witnesses. Pursuant to Ohio R.C. 737.27, the Chief of the Fire Department, or a duly authorized fire investigation officer, may summon and compel the attendance of witnesses to testify in relation to any matter which is a proper subject of inquiry and investigation and may require the production of any book, paper or document.
(f) Power to Administer Oaths; Failure to Cooperate. Pursuant to Ohio R.C. 737.27, the Chief of the Fire Department, or a duly designated fire investigation officer, may administer an oath to any person appearing as a witness before him. No witness shall refuse to be sworn or refuse to testify or disobey an order of the Chief of the Fire Department, or a duly designated fire investigation officer, or fail to refuse to produce a book, paper or document concerning a matter under examination, or be guilty of contemptuous conduct after being summoned by such officer to appear before him to give testimony in relation to a matter or subject under investigation.
(g) Investigation May Be Private. Pursuant to Ohio R.C. 737.27, investigation by or under the direction of the Chief of the Fire Department, or a duly designated fire investigation officer, may be private. The Chief of the Fire Department, or a duly designated fire investigation officer, may exclude from the place where such investigation is held, all persons other than those required to be present, and witnesses may be kept separate from each other and not allowed to communicate with each other until they have been examined.
(h) Fire Chief or Fire Department Investigator to Investigate Bombings. The Chief of the Fire Department, or a duly designated fire investigation officer, shall, upon request of the Police Department, Mayor or Sheriff, investigate any bombings and shall work with local law enforcement officials in the apprehension of any person participating in any bombing.
(Ord. 92-476. Passed 8-20-92.)
1501.11 KNOX BOX PROVISIONS.
(a) Definition. The Knox Box Entry System is a secure emergency access program developed for the property owners and fire departments. When a fire breaks out, or there is any emergency, the Knox Box System allows firefighters immediate entry into buildings and property without forced entry damage or delay. Property owners store keys, access cards, gate keys, etc. in high security Knox Boxes mounted near building entrances. Each Knox Box purchased by a property owner is keyed to a master key controlled by the Fire Department.
(b) Subject to rules and regulations which may be prescribed by the Youngstown Fire Chief, the following described buildings or structures shall be equipped with a Knox Box System in a location approved by the Fire Chief or his designee.
(1) Commercial or industrial building or structures protected by an automatic suppression system and/or automatic fire alarm system, when such buildings or structures are secured in a manner that restricts access during an emergency.
(2) Municipal and governmental buildings or structures equipped with an automatic suppression system and/or automatic fire alarm system.
(3) Multifamily residential buildings or structures having four or more units that have restricted access through locked doors and have a common corridor for access to the living units.
(4) A building that has displayed a pattern of frequent alarms* with no key-holder readily available.
(5) Any other building or structure deemed appropriate as determined by the Fire Chief.
(*A pattern is defined as two (2) or more alarms per month for three (3) months in a 6-month period and/or twelve (12) or more alarms in a calendar year.)
(c) Existing Buildings and Structures.
(1) All existing municipal and governmental buildings or structures, or commercial or industrial buildings or structures (as defined in subsection (b)(1) and (b)(2)) shall install and make operational a Knox Box System no later than July 1, 2014.
(2) All multifamily residential buildings or structures (as defined in (B)(3)) shall install and make operational a Knox Box System on a schedule to be prescribed by the Fire Chief.
(3) Upon the change in occupancy classification of any building or structure as determined by the Fire Chief, or his designee, and as classified by the 2011 Edition of the Ohio Fire Code in effect at the time of said change, said building or structure shall install and make operational a Knox Box System.
(d) New Construction and Renovation of Existing Buildings and Structures.
(1) All buildings and structures (as defined in subsections (b)(1) and (b)(2)) which are being newly constructed or that are being renovated shall install and make operational a Knox Box System. No newly constructed buildings or structures shall be issued a certificate of occupancy unless it shall have a Knox Box System installed and operational.
(2) Multifamily residential buildings or structures (as defined in subsection (b)(3)) which are being newly constructed or which are being renovated shall install and make operational a Knox Box System. A certificate of occupancy will not be issued for such a building or structure unless a Knox Box System has been installed and operational.
(e) Owner Requirement.
(1) The owner of any building or structure shall be responsible for the installation, labeling and maintenance of a Knox Box System and shall, at all times, keep keys in the Knox Box System that will allow access to no less than the following:
A. The building or structure.
B. Mechanical equipment room(s).
C. Electrical room(s).
D. Elevator controls.
E. Fire sprinkler control room(s) and fire alarm control panel rooms.
F. Any other area deemed appropriate as determined by the Fire Chief, Fire Prevention Bureau Chief or their designees.
(2) In addition, the owner of any building or structure subject to the requirements of this article shall keep in the Knox Box System special keys to reset pull stations or other fire protection devices.
(3) Maintenance: The operator of the building shall immediately notify the Fire Code Official and provide the new key when a lock is changed or re-keyed. The key to such lock shall be secured in the Knox Box System.
(f) Use and Type of the Knox Box System. The Fire Chief may promulgate from time to time rules and regulations which are reasonably required for the installation and operation of the Knox Box System. The Fire Chief may promulgate rules and regulations to designate the type of Knox Box System.
(g) Exceptions. Any building or structure that has on the premises a twenty-four-hour-a-day, seven-days-a-week security service or personnel who have on their person access keys shall be exempt from the requirements of this article.
(h) Penalties. A violation of the provisions of this section shall be a minor misdemeanor. Each day a violation exists shall be considered a separate offense.
(Ord. 12-326. Passed 10-3-12.)
1501.99 PENALTY.
Whoever violates any provision of this chapter is guilty of a misdemeanor of the first degree.