A Board of Appeals shall be established with members appointed pursuant to Section 1503.02 which shall have jurisdiction with the geographical boundaries of the City of Fairborn and such Board shall follow all of the procedures and have all the powers and duties provided in Section 1503.02 through 1503.10.

(Ord. 54-93. Passed 8-16-93.)

   There is hereby created the Unified Fire Code Board of Appeals, hereinafter referred to as the Board. The Board shall be administered by the Fire Department. The Board shall have power to adopt and promulgate rules and regulations interpreting the provisions of the Unified Fire Code and implementing its administration and intent. The Board shall consist of five members. Each member shall be appointed for a term of five years, or until his successor is appointed, except that appointments to fill vacancies arising in mid-term shall be only for the unexpired portion of such terms. Original appointments shall be for terms of one, two, three, four and five years.

(Ord. 54-93. Passed 8-16-93.)

   (a)   The Board of Appeals shall consist of five members as follows:

      (1)   One fire official;

      (2)   One professional engineer, registered in Ohio;

      (3)   One architect, registered in Ohio;

      (4)   One community business representative;

      (5)   One chemist or environmental engineer.

   (b)   The Board shall be appointed by Council.

(Ord. 54-93. Passed 8-16-93.)

   The Board of Appeals shall select one of its members to serve as its Chairman, and one as a Vice-Chairman and shall appoint a person to act as Secretary for the Board and to keep a detailed record of all Board proceedings.

(Ord. 54-93. Passed 8-16-93.)

   No member of the Board of Appeals shall pass on any questions involving work on which he or his employer is or has been engaged or involved as a contractor or material dealer or superintendent, or for which he or his employer has prepared plans or specifications, or in which he has any personal or financial interest whatever.

(Ord. 54-93. Passed 8-16-93.)

   The Board of Appeals shall meet within thirty days after the filing of any appeal or request for action with the Secretary of the Board, and also periodically if the volume of its work so warrants.

(Ord. 54-93. Passed 8-16-93.)

   Each appellant or applicant and the code official, and any other person whose interests may be affected by the appeal, shall be given a fair opportunity to be heard orally, in person or by counsel, and to present written argument.

(Ord. 54-93. Passed 8-16-93.)

   (a)   Any person adversely affected by Chapters 1503, 1507, 1511, 1513 and/or the Unified Fire Code Articles and Sections F-109.1, F-109.3.1, Article 2, F-301.4, F-304.0, F-305.0, F-306.0, F-307.2, F-307.3, F-308.1, F-308.3, F-309.0, F-312.2, F-312.6, F-313.0, except for F-313.12, F-315.2, F-316.0, F-318.0, Article 4, F-501.3, F-501.4, F-501.4.1, F-502.2, F-502.2.1, F-502.2.2, F-502.3, F-510.0, F-516.4, F-517.2, F-602.2, F-603.2, Article 7, Article 8 except for F-801.4, F-802.4, F-802.5, F-803.1.1, F-803.2, Article 9 except for F-901.2, F-902.5, F-902.7.5, F-902.9, F-902.10.2, F-903.6, F-903.6.1, F-903.6.2, and F-906.6.3, Article 10 except for F-1001.2, Article 11 except for F-1101.5, F-1101.6, Article 12, Article 13 except for F-1302.1, Article 14 except for F-1401.2, F-1401.3, F-1401.3.1, Article 15 except for F-1501.3, F-1501.4, Article 16 except for F-1601.4, F-1601.5, F-1601.5.1, F-1601.5.2, F-1603.2, Article 17 except for F-1700.3, F-1700.4, F-1700.4.1, F-1701.1, F-1703.0, Article 18 except for F-1802.6, F-1802.8, F-1806.2.3, Article 19 except for F-1901.1, F-1901.2, Article 20 except for F-2001.3, Article 21 except for F-2102.2, F-2102.4, F-2102.5, F-2103.10, F-2103.12, F-2103.16, F-2103.17, F-2107.3.1, Article 22, Article 23, Article 24, Article 25 except for F-2502.2, Article 26 except for F-2602.5, F-2602.5.2, F-2602.5.3, F-2602.6, F-2603.13, F-2605.3, F-2606.4, F-2606.6, Article 27 except for F-2701.4, Article 28 except for F-2801.4, F-2801.8, F-2804.2, F-2808.2, Article 29 except for F-2905.2, Article 30, Article 31, Article 32, Article 33 except for F-3301.4, F-3301.5, F-3303.7, and Article 34, may appeal a decision of the code official refusing to grant a permit or to permit the use of a particular material and/or equipment or method of construction in a proposed structure, provided such appeal is filed within fifteen days of date of receipt of written decision from the code official. The appeal shall include proposed alternatives, modifications or substitutions, complete plans of structure, other pertinent information, and payment of fees.

   (b)   The appeal shall be based on one or both of the following grounds, to-wit:

      (1)   That the interpretation, filing or order is erroneous or constitutes an erroneous application of the particular provisions of Chapters 1501, 1507, 1511, 1513 and/or the "Unified Fire Code" or related laws and ordinances involved, or is otherwise contrary to law; and/or

      (2)   That a modified application or alternative arrangement is available and feasible whereby the strict application of a particular provision or provisions may be modified with alternatives without defeating the public safety, health and general welfare, purpose and intent of the provisions of Chapters 1501, 1507, 1511, 1513 and/or the "Unified Fire Code".

   (c)   A hearing shall be held within a reasonable time but not to exceed thirty days following receipt of the appeal by the Secretary of the Board of Appeal. The Board shall provide the appellant with written notice of its determination within thirty days after the hearing.

(Ord. 54-93. Passed 8-16-93.)

   Each applicant for an appeal to the Board of Appeals from an action of the Code Official shall be accompanied by a fee of fifty dollars ($50.00). Fees shall be deposited in accordance with applicable laws and shall be used to defray the normal expense of the Board including the payment for time of the secretary, payment for the preparation of transcript hearings by a court reporter when deemed necessary, or such similar expenses as the Board may authorize.

(Ord. 54-93. Passed 8-16-93.)

   The Board of Appeals shall review and decide appeals from rulings and actions of the code official in administering the Codes, and shall hear and decide applications for modifications, deviations or approved rules.

(Ord. 54-93. Passed 8-16-93.)

   A majority of the members of the Board of Appeals shall constitute a quorum. A majority of the quorum shall be necessary to make a decision on an appeal, modification, deviation or an approved rule.

(Ord. 54-93. Passed 8-16-93.)

   The Board of Appeals shall, upon application of either the appellant or code official, grant re-hearing before the Board in any case where new evidence is presented which in the opinion of the Chairman may justify such re-hearing. Such re-hearing shall not serve to stop execution of the previous decision of the Board pending the re-hearing except by special action of the Board so directing.

(Ord. 54-93. Passed 8-16-93.)

   The term "Director of the Bureau of Fire Prevention" means either the Chief of the Fire Department or the Fire Marshal of the City.

(Ord. 54-93. Passed 8-16-93.)

   A Bureau of Fire Prevention in the Fire Department of the City is established, which shall be operated under the supervision of the Chief of the Fire Department, under the direction and control of the City Manager.

(Ord. 54-93. Passed 8-16-93.)

   The Chief of the Fire Department shall designate an officer of the Department as Fire Marshal, and shall designate such other officers and members of the Department as he may, from time to time, deem necessary as Fire Safety Inspectors. The Fire Safety Inspectors shall perform other duties incidental to the operation of the Bureau.

(Ord. 54-93. Passed 8-16-93.)

   It shall be the duty of the Bureau of Fire Prevention to enforce all laws and ordinances covering the following:

   (a)   Inspection of potential fire hazards;

   (b)   Abatement of existing fire hazards;

   (c)   Investigation of the cause, origin and circumstances of fires;

   (d)   Control and use of explosives and flammables;

   (e)   Regulations of the maintenance of means of egress;

   (f)   Regulations of the maintenance and acceptance tests of automatic and other private fire alarm systems and fire extinguishing equipment;

   (g)   Control of the means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, hospitals, churches, halls, theaters and all other places in which numbers of persons work, meet, live or congregate;

   (h)   Educational fire prevention programs;

   (i)   The construction, protection and occupancy features of buildings to minimize danger to life from fire, smoke, fumes or panic; and

   (j)   Issue permits.
(Ord. 54-93. Passed 8-16-93.)

   The Bureau of Fire Prevention shall have such other powers and perform such other duties as are set forth in other sections of this Fire Prevention Code and other ordinances, and as may be conferred and imposed from time to time by law.

(Ord. 54-93. Passed 8-16-93.)

   The designation of duty in this chapter shall not relieve any other department, officer or employee of the City of any power or duty conferred upon it or him by law or ordinance.

(Ord. 54-93. Passed 8-16-93.)

   Whenever necessary for the purpose of enforcing the provisions of this Fire Prevention Code, or whenever the code official has reasonable cause to believe that there exists in any structure or upon any premises, any condition which makes such structure or premises unsafe, the code official shall be permitted to enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the code official by this code; provided that if such structure or premises is occupied, the code official shall first present proper credentials and request entry. If such entry is refused, the code official shall have recourse to every remedy provided by law to secure entry.

(Ord. 54-93. Passed 8-16-93.)

   The inspection and examination authorized by this chapter shall be for the purpose of reporting and correcting the following fire hazards pertaining to buildings and their occupants:

   (a)   Disrepair;

   (b)   Age and dilapidated condition;

   (c)   Faulty or unapproved construction;

   (d)   Inadequate or lack of means of egress;

   (e)   Inadequate fire alarm protection;

   (f)   Inadequate fire extinguishing equipment;

   (g)   Materials and buildings especially susceptible to fire;

   (h)   Conditions endangering other property or occupants; and

   (i)   Any other fire hazards dangerous to life or property.

      (Ord. 54-93. Passed 8-16-93.)

   It shall be the duty of the Chief of the Fire Department, the Fire Marshal or a Fire Safety Inspector specially designated thereto to inspect all buildings and premises in the City and to enforce the provisions of this Code, and related Codes and Ordinances, relating to fire prevention and life safety.

   No person shall knowingly hinder, obstruct or otherwise interfere with a code official in making such inspections. Any person convicted of violating this section shall be punished as provided in Section 1501.99.

(Ord. 54-93. Passed 8-16-93.)

   The code official shall have the authority to inspect all structures and premises as often as may be necessary for the purposes of ascertaining and causing to be corrected any conditions liable to cause fire, contribute to the spread of fire, interfere with firefighting operations, endanger life or any violations of the provisions of this Code or any other ordinance affecting fire safety.

   Single and multi-family dwelling units shall only be inspected when the owner/occupant has requested such inspection or when a fire safety hazard has been reported by a formal complaint or when the code official has witnessed a fire safety hazard on such property.

(Ord. 54-93. Passed 8-16-93.)

   Whenever the Chief of the Fire Department, Fire Marshal or a Fire Safety Inspector, finds any building or other structure likely to catch fire from any cause, including, but not restricted to, those fire hazards set forth in Section 1507.02, or when such officer discovers any violations of this Fire Prevention Code or of any other laws or ordinances relating to fire hazards, he shall serve a written order to correct the violation or condition upon the owner, operator, occupant or other person responsible for the violation or condition.

   No person shall knowingly or recklessly fail to comply with a lawful order issued by a code official. Any person convicted of violating this section shall be punished as provided in Section 1501.99.

(Ord. 54-93. Passed 8-16-93.)

   The order required herein shall be served in one of the following ways:

   (a)   By making personal delivery of the order to the person responsible;

   (b)   By leaving the order with some person of suitable age and discretion upon the premises;

   (c)   By affixing a copy of the order to the door at the entrance of the premises in violation;

   (d)   By mailing a copy of the order to the last known address of the owner of the premises, by registered mail; or

   (e)   By publishing a copy of the order in a local paper once a week, for three successive weeks.

      (Ord. 54-93. Passed 8-16-93.)

   The order required herein shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or property, the Chief of the Fire Department or the Fire Marshal shall have the authority to require compliance immediately upon service of the order.

(Ord. 54-93. Passed 8-16-93.)

   Any person to whom an order is directed and who fails to comply with such order within the specified time shall be punished as provided in Section 1501.99.

(Ord. 54-93. Passed 8-16-93.)

   No new building or addition to an existing building shall be occupied, or used for any purpose, until streets and access to such building are complete and capable of supporting fire apparatus as required by the fire code. No new building or addition to an existing building shall be occupied or used for any purpose until all fire protection equipment is in service, a final inspection by Fire and Code Enforcement personnel has been completed and complied with, and an occupancy permit, signed by the Fire Chief has been issued.

(Ord. 54-93. Passed 8-16-93.)

   (a)   The Chief of the Fire Department, the Fire Marshal or a designated Investigator shall cause to be investigated the cause, origin and circumstances of every fire occurring in the City involving loss of life or injury to person, or by which property has been destroyed or damaged and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigations shall begin immediately upon the occurrence of such a fire, and if it appears to the Chief or the Fire Marshal or his designated investigator, that such fire is of suspicuous origin, he shall take immediate charge of the fire investigation, secure physical evidence, and act as the Law Enforcement authority designated to pursue the investigation of such matters and further cooperate with other agencies in the collection of evidence and in the prosecution of the case.

   (b)   The Fire Chief, Fire Marshal or designated Investigator shall have the authority to examine witnesses, compel the attendance of witnesses and the production of books and papers, administer oaths, bear firearms, make arrests and enter, for the purpose of examination, any building which has been destroyed or damaged by fire or explosion, or which, in his opinion, is in danger from fire.

   (c)   The Fire Chief shall establish a minimum standard of training to govern all investigators involved in law enforcement activities, to include: firearms, search and seizure, laws of arrest, and any other law enforcement training deemed necessary to maintain professional law enforcement standards.

(Ord. 54-93. Passed 8-16-93.)

   The Director of Law and the Police Department, upon request of the Chief of the Fire Department or the Fire Marshal shall assist the Chief and the Fire Marshal in the investigation of any fire which, in either of their opinions, is of suspicuous origin.

(Ord. 54-93. Passed 8-16-93.)

   The Director of the Bureau of Fire Prevention shall keep 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 various officers of the Fire Department under the provisions of this Fire Prevention Code. All such records shall be made public.

(Ord. 54-93. Passed 8-16-93.)

   Reports of the activities of the Fire Prevention Bureau shall be prepared by the Fire Marshal and transmitted to the Chief of the Fire Department to the extent that the Chief may, from time to time, require. Such reports shall contain all proceedings under this Fire Prevention Code.

(Ord. 54-93. Passed 8-16-93.)

   If a fire was of incendiary origin, the Fire Chief shall initiate through the Law Director, such action as is necessary to recover all cost of Fire Department operations and investigation from the person(s) responsible for setting such fire.

(Ord. 54-93. Passed 8-16-93.)

   A permit shall constitute permission to maintain, store or handle materials, or conduct processes which produce conditions hazardous to life or property, or install equipment used in connection with such activities. Such permission shall not be construed as authority to violate, cancel or set aside any of the provisions of this Code. Such permit shall remain in effect until revoked, or for such period of time specified on the permit. Permits are not transferable and any change in use, operation or tenancy shall require a new permit.

(Ord. 54-93. Passed 8-16-93.)

   All applications for permits required by this Fire Prevention Code shall be made to the Fire Marshal in such form and detail as he shall prescribe. Applications for permits shall be accompanied by plans or drawings as required by the Fire Marshal for evaluation of the application.

(Ord. 54-93. Passed 8-16-93.)

   It shall be unlawful to engage in any business activity involving the handling, storage or use of hazardous substances, materials or devices; or to maintain, store or handle materials; or to conduct processes which produce conditions hazardous to life or property; or to install equipment used in connection with such activities; or to establish a place of assembly without first notifying the code official.

(Ord. 54-93. Passed 8-16-93.)

   Before a permit may be issued, the Fire Marshal or his authorized representative shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by departments other than the Bureau of Fire Prevention are applicable, joint approval shall be obtained from all departments concerned.

(Ord. 54-93. Passed 8-16-93.)

   Every permit granted by the Fire Marshal shall remain in effect until revoked, or for such period of time specified on the permit. Permits shall be kept on the premises designated therein, and shall at all times be subject to inspection by the Fire Marshal and by any officer of the Fire or Police Departments.

(Ord. 54-93. Passed 8-16-93.)

   One permit only shall be required by establishments dealing in, or using, two or more flammable, combustible, or explosive materials to be kept in the establishment at any one time, but each of the materials shall be listed in the permit.

(Ord. 54-93. Passed 8-16-93.)

   The Chief of the Fire Department or the Fire Marshal or an authorized representative, shall revoke any permit issued under this Fire Prevention Code when he finds either:

   (a)   That the permit is being used by any person or firm other than the person or firm to whom it was issued; or

   (b)   That the conditions or limitations set forth in the permit have been violated; or

   (c)   That violations set forth in any written notice served upon a permittee by the Fire Marshal or his authorized representative have not been corrected within the time required by the notice; or

   (d)   That the permit is being used for any premises or location other than that for which it was issued.

      (Ord. 54-93. Passed 8-16-93.)

   (a)   The Chief of the Fire Department shall establish a fee schedule for all designated permits as required per the Fire Code. A list of the designated permits and associated fees shall be available from the Bureau of Fire Prevention.

   (b)   Permit inspection requests outside of the normal work day period shall be billed at a rate of fifty dollars ($50.00) per man hour (rate per inspector) with a minimum of three hours if detached from the normal work day.

   (c)   Any occupant/owner who conducts, uses or installs a process, material or equipment prior to securing a required permit shall be subject to a double fee charge for such permit.

   (d)   City or government agencies shall not be assessed permit fees.

(Ord. 54-93. Passed 8-16-93.)

   (a)   The purpose of this chapter is to protect the emergency services of the Fire Department of the City from misuse by responding to defective alarm systems and excessive false alarms and to provide monitoring controls to ensure reliability of fire or medical alarm systems installed within the City.

   (b)   This chapter governs and regulates alarm systems, alarm users and alarm businesses. It requires State of Ohio certification for alarm business and provides for penalties for violations and penalties for excessive false alarms.

(Ord. 54-93. Passed 8-16-93.)

   (a)   "Alarm business" means the business by any individual, partnership, corporations or other entity of maintaining, servicing, repairing or installing any alarm system in or on any building, structure, facility or equipment.

   (b)   "Alarm system" means any assembly of equipment, mechanical or electrical, arranged to signal the occurrence of a fire condition, or emergency, or any other activity requiring urgent attention and to which the Fire Department is expected to respond.

   Exception: Single station smoke detectors or other stand alone devices.

   (c)   "Alarm user" means any person, firm, partnership, association, corporation, company or organization of any kind in control of any building, structure, or facility wherein an alarm system is installed and/or maintained.

   (d)   "Automatic dialing device" means a device which is interconnected to a telephone line and is programmed to select a predetermined telephone number and transmit by a voice message or code signal a fire or medical emergency message indicating the need for an emergency response.

   (e)   "False alarm" means the activation of an alarm system through mechanical failure, electrical failure, malfunction, improper installation or the negligence of the owner or lessee of an alarm system or of his employees or agents.

   (f)   "Interconnect" means to connect an alarm system including an automatic dialing device to a telephone either directly or through a mechanical or electrical device that utilizes the telephone, for the purpose of using the telephone line to transmit an emergency message upon activation of the alarm system.

   (g)   "Local alarms" means those alarms which activate an audible signal within the proximity of the premises only.

   (h)   "Alarm" means any audible or visible signal or intelligence indicating existence of a supposed fire, medical or other emergency requiring response and emergency action on the part of the Fire Department. Also, the alarm devices or device by which fire, medical, or other emergency signals are received.

   (i)   "Automatic" as applied to fire protection devices, automatic refers to a device or system providing an emergency function without necessity of human intervention and activated as a result of a predetermined temperature rise, rate of rise of temperature, or increase in the level of combustion products; or a device used to detect a liquid or gas flow in fire protection system.

   (j)   "Alarm system, automatic" means a manual fire alarm system containing automatic fire detection device(s) which activate a fire alarm signal.

   (k)   "Alarm system, manual fire" in an interior alarm system composed of sending stations and signaling devices in a building operated on an electrical circuit, so arranged that the operation of any one station will ring all signals throughout the building and at one or more approved locations.

   (l)   "Alarm system, sprinkler" is a visual and/or audible alarm activated by a water flow from a sprinkler system.

   (m)   "Detector, smoke" is an approved, listed detector for sensing visible or invisible particles of combustion.

   (n)   "Detecting device, automatic" is a device which automatically detects heat, smoke or other products of combustion.

   (o)   "Medical alarm" is a manual emergency alarm system containing a switch, button, pad, or similar device which causes the transmission of a medical emergency device.

(Ord. 54-93. Passed 8-16-93.)

   No person, firm or corporation shall engage in the business of servicing, testing, repairing or installing fire protection equipment for profit unless such person, firm or corporation has a valid Ohio State Fire Marshal's Office fire protection equipment certification as required by Ohio R.C. 3737.65.

(Ord. 54-93. Passed 8-16-93.)

   (a)   Any person, firm or corporation prior to installing any fire alarm system except a medical alarm in a building or structure regulated by the Ohio Basic Building Code shall first secure a permit from the Fire Department.

   (b)   Prior to the installation of any fire alarm system in a building or structure regulated by the Ohio Basic Building Code two sets of detailed fire alarm system plans and specifications shall be submitted to the Bureau of Fire Prevention for plan approval. One set of plans shall be returned to the Building Department and one set retained for the Fire Department.

   (c)   All alarm systems as defined herein shall be registered with the Fire Department. A registration fee as determined by the Fire Department shall accompany the registration application.

(Ord. 54-93. Passed 8-16-93.)

   If any fire or medical alarm system produces three false alarms in any twelve consecutive month period, written notice of that fact shall be given by regular mail or delivery to the alarm user.

   Exception: New alarm installations shall have an exemption period as determined by the code official, but shall not exceed ninety days.

(Ord. 54-93. Passed 8-16-93.)

      (1)   Total length of the recorded message being transmitted to the Fire Department Communication Center (including repetition of message) shall not exceed forty-five seconds duration.

      (2)   The recorded message transmitted shall be repeated not less than three nor more than four times and shall have an automatic abort feature to ensure this requirement.

      (3)   The recorded message being transmitted shall incorporate language specifically identifying the message as a "recording" with the balance of the message identifying by street number and street name the location of the emergency and the nature of the event which caused the alarm system to activate. If the location of the event/condition signaled by the alarm system is a multi-tenant, multi-family or a commercial building containing multiple floors, the message shall identify the location of the activated device or location of the system annunciator.

      (4)   All alarm systems having automatic dialing or calling devices that are not connected to an approved central station monitoring service shall transmit the alarm message directly to the Fire Department. If the automatic dialing or calling device has multiple notification capability, the first notification of a fire or medical emergency shall be transmitted to the Fire Department.

      (5)   The recorded message being transmitted to the Fire Department shall be appropriate for the purpose for which the alarm system was installed, and the message in its entirety shall be intelligible and spoken in the English language.

      "Fire Alarm System"

      "Contact the Fire Department"

      "911"

(Ord. 54-93. Passed 8-16-93.)

   The alarm user of any building or structure containing a fire or medical system shall permit the Fire Department the right to conduct any investigation necessary to investigate and verify the authenticity of an alarm. This requirement shall apply to automatic and local alarm systems irrespective of the notification method either by an automatic dialing, calling device or an outside audible alarm device.

(Ord. 54-93. Passed 8-16-93.)

   (a)   Every new system installed after the effective date of this chapter shall comply with the above standards.

   (b)   Every alarm system existing before the effective date of this chapter shall be placed in compliance with the above standard no later than one year after such effective date.

(Ord. 54-93. Passed 8-16-93.)

   The City shall not be liable for any failure or neglect to respond appropriately upon receipt of an alarm from such a device, nor for the failure of any person with a certification required pursuant to this chapter or with a franchise, in connection with the installation and operation of equipment, nor the failure of the transmission of alarm signals and pre-recorded alarm messages, or the relaying of such signals and pre-recorded alarm message, or the relaying of such signals and messages. In the event that the City finds it necessary to disconnect a defective automatic dialing system or signaling device, the City shall incur no liability by such action.

(Ord. 54-93. Passed 8-16-93.)

   (a)   Enforcement of any of the provisions of this chapter may be by civil action and/or criminal prosecution.

   (b)   Failure or omission to comply with any section of this chapter shall be deemed a violation.

   (c)   Unless otherwise stated, the penalty for violation of any section or provision within this chapter is a fourth degree misdemeanor.

   (d)   Any fire or medical alarm system creating an excessive alarm condition as defined in Section 1513.05 shall be subject to the following conditions:

      (1)   If more than three false alarms are produced by any alarm system in a twelve-month period, a fee of fifty dollars ($50.00) shall be assessed the alarm user for the fourth false alarm, and one hundred dollars ($100.00) shall be assessed for each successive false alarm thereafter.

         A.   Such charges shall continue for each excessive false alarm until six consecutive months have elapsed during which time no false alarms have been received by the Fire Department.

      (2)   The alarm user of an alarm system, other than an alarm system required per the Ohio Basic Building Code may be required by the Fire Department to disconnect the alarm system immediately in such fashion that signals are not emitted so as to notify the Fire Department either directly or indirectly:

         A.   Any alarm user who fails to disconnect as required above shall be deemed to be in violation of this chapter.

         B.   An alarm system may be reconnected only if satisfactory evidence is provided to the Bureau of Fire Prevention that the alarm system has been repaired so that it does not emit further false alarms and upon payment of all delinquent charges assessed for false alarms.

            (Ord. 54-93. Passed 8-16-93.)

   If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter, and each section, subsection, sentence, clause and phrase hereof, irrespective of the fact that any one or more of the sections, subsections, sentences, clauses or phrases might be declared invalid.

(Ord. 54-93. Passed 8-16-93.)

   This Fire Prevention Code shall not be construed to affect the responsibility of any party owning, operating or installing any equipment for damage to persons or property caused by any defect therein, nor shall the City be held as assuming any such liability by reason of the inspection or reinspection authorized herein or the permit issued as herein provided or by reason of the approval or disapproval of any equipment authorized herein.

(Ord. 54-93. Passed 8-16-93.)

   It is the responsibility of the owner of each new and existing occupied residential occupancy, as defined by NFPA Standard #101, to install smoke detectors in each living unit. These smoke detectors shall be either the ionization or photoelectric type capable of sensing visible or invisible particles of combustion and providing an approved signal alarm. Failure to install and maintain smoke detectors as and where required will subject the property owner or tenant to the penalties of this chapter.

(Ord. 54-93. Passed 8-16-93.)

   (a)   Smoke detectors shall be installed outside of each separate sleeping area in the immediate proximity of the bedrooms and shall be on each additional level of the family living unit including basements and excluding crawl spaces and unfinished attics.

   (b)   For family units with split levels which are defined as adjacent levels with less than one full story separation between levels a smoke detector is required outside of each separate sleeping area, in the immediate vicinity of the bedrooms, and on every other floor level without an intervening door.

(Ord. 54-93. Passed 8-16-93.)

   Where smoke detectors are installed as part of an approved fire protection system, the requirements for single station smoke detectors may be set aside. An approved system is defined as a combination of devices that meet the requirements of this chapter and is installed in accordance with National Fire Protection Association Standard 72-E and 74.

(Ord. 54-93. Passed 8-16-93.)

   All devices, combinations of devices and equipment required by this chapter are to be installed in conformance with the Building Code and this chapter, and approved and listed by Underwriters' Laboratory (U.L.) for the purpose for which they are intended. The Fire Marshal may in any such case determine whether replacement of existing installation is required.

(Ord. 54-93. Passed 8-16-93.)

   (a)   In new residential dwellings, single station smoke detectors shall be wired directly, that is, to the building's power supply. When multiple single station detectors are installed, the detectors shall be interconnected and be of a type that operates both by battery and on an alternating current (AC) primary source of electrical power, to insure the signal level is sufficient to awaken the sleeping occupants.

   (b)   In existing dwellings of three or less living units built before 1982, which were required to have smoke detectors installed, smoke detectors may be battery operated.

(Ord. 54-93. Passed 8-16-93.)

   (a)   In one, two and three family dwellings, the occupants are responsible for operation and maintenance of the detector(s).

   (b)   In apartments, multi-family buildings including dormitories, hotels, and motels containing four or more units, the owner is responsible for the repair or replacement of the detector(s). Occupants, when different from the owner, shall provide written notification by certified mail or notify the owner in person of a mechanical failure. The owner shall provide a written receipt acknowledging the notification.

   (c)   It is unlawful for an occupant or owner to remove or render a smoke detector(s) inoperative.

(Ord. 54-93. Passed 8-16-93.)

   No smoke detector or alternative system is to be directly connected to the electrical system of the structure unless an electrical permit is first obtained from the municipal electrical permit authority.

(Ord. 54-93. Passed 8-16-93.)

   Whoever violates any section of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days, or both. No person shall be imprisoned under any section of this chapter for the first offense, and the prosecution shall always be as if for a first offense unless the affidavit upon which the prosecution is initiated contains the allegation the offense is second or repeated offense. Each day's continuance of the violation shall constitute a separate offense.

(Ord. 54-93. Passed 8-16-93.)

   (a)   "Approved" means accepted and/or approved for its intended use by a nationally recognized testing laboratory listed in Appendix A of the Ohio Basic Building Code, hereinafter referred to as OBBC.

   (b)   "Fire Official" means the Fire Chief of the local Fire Departments, or an authorized designee.

   (c)   "Owner" means the owner or owners of the premises, contract buyer, a mortgagee or vendee in possession, or other person, firm or corporation in control of a building, or their duly authorized agents. Any such person thus representing the owner should be bound to comply with the provisions of Section 1517.01 to 1517.99, inclusive, to the same extent as if such person were the owner.

   (d)   "Apartment buildings" includes all buildings containing three or more dwelling units and common areas.

   (e)   "Smoke detector" means an approved detection device, capable of sensing visible or invisible particles of combustion and emitting an audible and/or visual signal of such detection.

   (f)   "Common area" means all areas within an apartment building which are utilized for uses other than individual dwelling units. These areas include hallways, office areas, laundry, storage and recreation areas and rooms or spaces used for similar purposes.

(Ord. 54-93. Passed 8-16-93.)

   All existing apartment buildings shall provide smoke detectors capable of signaling the presence of a fire and notifying the occupants in danger of the fire. Such protection equipment shall be in accordance with this chapter.

(Ord. 54-93. Passed 8-16-93.)

   It shall be the responsibility of the owner of each building to comply with the provisions of this chapter.

(Ord. 54-93. Passed 8-16-93.)

   Smoke detectors shall be installed and maintained in full operation in all of the following:

      (Ord. 54-93. Passed 8-16-93.)

   All smoke detectors required to be provided in the "common areas" of apartment buildings shall be powered on the buildings 110-volt power supply in accordance with the National Electric Code, NEC 70.

(Ord. 54-93. Passed 8-16-93.)

   (a)   Housing and Building Inspectors are authorized to enforce the applicable sections of this chapter to existing buildings used wholly or in part for residential purposes, where such Inspectors inspect such buildings in the ordinary course of their duties.

   (b)   The Fire Chief, or an authorized designee, is authorized to enforce all sections of this chapter.

(Ord. 54-93. Passed 8-16-93.)

   Whoever violates any section of this chapter shall be guilty of a misdemeanor and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days, or both. No person shall be imprisoned under any section of this chapter for the first offense unless the affidavit upon which the prosecution is initiated contains the allegation the offense is second or repeated offense. Each day's continuance of the violation shall constitute a separate offense.

(Ord. 54-93. Passed 8-16-93.)