Chapter 15.15
FIRE PREVENTION
Sections:
15.15.040 Adoption of Indiana Fire Prevention Code.
15.15.050 Fire Chief and Fire Marshal – Duties.
15.15.060 Right to appeal decisions.
15.15.070 Violations – Remedies.
Cross-reference: Construction within fire limits, see AMC 15.10.060. Fire Department established, see AMC 2.15.050. Open burning prohibited, see AMC 9.05.070.
15.15.010 Short title.
This chapter, and all ordinances supplemental or amendatory hereto, shall be known as the Fire Prevention Code of the City of Angola, Indiana, may be cited as such, and will be referred to herein as “this chapter.” [Ord. 829, 1992. Code 2000 § 93.15; Code 1981 § 15.04.010.]
15.15.020 Purpose.
The intent of this chapter is to prescribe maintenance and operation regulations consistent with nationally recognized good practice for the safeguarding to a reasonable degree of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. [Ord. 829, 1992. Code 2000 § 93.16; Code 1981 § 15.04.020.]
15.15.030 Scope.
(A) The provisions of this chapter shall apply to existing conditions as well as to conditions arising after the adoption thereof. Buildings and building systems legally in existence at the adoption of the ordinance codified in this chapter shall be permitted to continue so long as they are maintained in a condition that is equivalent to the quality and fire-resistive characteristics that existed when the building was constructed, altered, added to or repaired. Vertical lines in the margin that are interrupted by the letter B indicate the provision is an excerpt of the requirements in the Indiana Building Code (675 IAC 13-2) and are enforceable only in construction regulated thereunder.
(B) Nothing in this chapter shall be construed, interpreted or applied to abrogate, nullify or abolish any law, ordinance or code adopted by the city, governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings specifically provided herein. When any provision of this chapter is found to be in conflict with any building, zoning, safety, health or other applicable law, ordinance or code of the city, existing on the effective date of this code or hereafter adopted, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.
(C) The planning, design and construction of new buildings and structures to provide egress facilities, fire protection, and built-in fire protection shall be controlled by the building code of the city and the building rules of the state Fire and Building Services Department, and any alterations, additions or changes in buildings required by provisions of this chapter which are within the scope of the building rules shall be in accordance therewith.
(D) Buildings built under and in full compliance with the building and fire safety laws and rules in force at the time of construction or alteration thereof, and that have been properly maintained and used for such as originally permitted shall be exempt from the requirements of this chapter pertaining to any of the following matters:
(1) Fire protection of structural elements;
(2) Exits required, except as provided for existing buildings under this code;
(3) Isolation of hazardous operations and mixed uses; provided, however, that the Fire Chief or Fire Marshal requires the installation of fire safety devices or systems (fire extinguishers, fire alarms, fire detection systems or similar systems) where they are necessary to provide safety for life. In lieu of requiring the installation of safety devices or systems or when necessary to secure safety in the handling and storage of materials or substances or upon operations that are liable to cause fire, contribute to the spread of fire, or endanger life or property. Any orders issued by the Fire Chief or Fire Marshal to obtain compliance with this division shall be governed by the provisions of IC 36-8-17-9(d). [Ord. 829, 1992; 675 IAC 22-2-4. Code 2000 § 93.17; Code 1981 § 15.04.030.]
15.15.040 Adoption of Indiana Fire Prevention Code.
(A) The following fire safety rules of the Indiana Fire Prevention and Building Safety Commission as set out in 675 IAC Article 22 are incorporated by reference in this chapter, and shall include later amendments to that article as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein:
(1) Article 22 – Fire Prevention Codes:
(a) Indiana Flammable and Combustible Liquids and Gases Code;
(b) Indiana Fire Prevention Code.
(B) Copies of adopted fire safety rules, codes and standards are on file in the office of the Fire Chief. [Ord. 829, 1992. Code 2000 § 93.18; Code 1981 § 15.04.040.]
15.15.050 Fire Chief and Fire Marshal – Duties.
(A) Enforcement.
(1) This chapter shall be enforced by the Bureau of Fire Prevention in the Fire Department of the city, which is established and which shall be operated by the Fire Marshal and under the supervision of the Chief of the Fire Department.
(2) The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary.
(3) It shall be the responsibility and the duty of the Fire Chief or Fire Marshal or such officer or designee who is an ex officio assistant to the state Fire Marshal under IC 36-8-17-5(a) to enforce the provisions of this code.
(B) Inspections. The Fire Chief or Fire Marshal shall cause to be inspected all structures and premises except the interiors of private single-family dwellings, and dwelling units in two-family and multifamily dwellings for the purpose 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 or intent of this chapter affecting fire safety.
(C) Right of Entry. Whenever necessary for the purpose of enforcing the provisions of this chapter, or whenever the Fire Chief or Fire Marshal or authorized designee 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 Fire Chief or Fire Marshal or authorized designee 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 Fire Chief or Fire Marshal by this chapter; provided, that if such structure or premises be occupied, the Fire Chief or Fire Marshal shall first present proper credentials and request entry. If entry is refused, the Fire Chief or Fire Marshal shall have recourse to every remedy provided by law to secure entry.
(D) Investigation of Fires. The Fire Chief shall investigate, or cause to be investigated, every fire or explosion occurring within the city that is of suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such an occurrence is of a suspicious nature, the Fire Chief or authorized designee shall take charge immediately of the physical evidence relating to the cause or origin of such fire or explosion, take means to prevent access by any person or persons to such buildings, structures or premises until such evidence has been properly processed.
(E) Fire Records – Reports.
(1) The Fire Chief shall keep a record of all fires and facts concerning the same, including investigation findings and statistics and information as to the cause, origin and the extent of such fires and damage caused thereby.
(2) The Fire Chief shall submit a report of each fire occurring within the city and any fire protection contractual areas, to the office of the state Fire Marshal in accordance with IC 36-8-17-7, and in such form as prescribed by that office.
(F) Violations – Orders.
(1) Whenever the Fire Chief or Fire Marshal observes an apparent or actual violation of a provision of this chapter or other ordinances under the Fire Chief’s or Fire Marshal’s jurisdiction, the Fire Chief or Fire Marshal shall prepare a written notice of violation and order describing the condition deemed unsafe and specifying a reasonable time for the required repairs or improvements to be made to correct such violation. The written notice of violation of this chapter shall be served upon the owner, a duly authorized agent or upon the occupant or other person responsible for the conditions under violation. Such notice of violation shall be served either by delivering a copy of same to such person or persons by ordinary mail to the last known post office address, delivered in person or by delivering it to and leaving it in the possession of any person in charge of the premises, or in the case such person is not found upon the premises, by affixing a copy thereof, in a conspicuous place at the entrance door or avenue of access; and such procedure shall be deemed the equivalent of personal notice.
(2) If the notice of violation and order is not complied with within the time specified by the Fire Chief or Fire Marshal, and if no review of such order has been initiated under IC 36-8-17-10, the Fire Chief or Fire Marshal shall request the legal counsel of the city to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this chapter or of any order or direction made pursuant thereto.
(3) When the Fire Chief or Fire Marshal determines there is actual and potential danger to the occupants or those in the proximity of any building, structure or premises because of unsafe structural conditions, or inadequacy of any means of egress, the presence of explosives, explosive fumes or vapors, or the presence of toxic fumes, gases or materials, the Fire Chief may issue an emergency order for the immediate evacuation of the building, structure or premises. All of the occupants so notified shall immediately leave the building, structure or premises and persons shall not enter or reenter until authorized to do so by the Fire Chief. Any person who shall refuse to leave, interfere with the evacuation of other occupants or continue any operation after having been given an evacuation order except such work as that person is directed to perform to remove a violation or unsafe condition, shall be deemed in violation of this chapter.
(G) Certificate of Occupancy. All certificates of occupancy issued by the Building Commissioner, with the exception of one- and two-family dwellings, must contain the signature of the Fire Chief or Fire Marshal. [Ord. 829, 1992. Code 2000 § 93.19; Code 1981 §§ 15.04.050, 15.04.060, 15.04.070, 15.04.080, 15.04.090, 15.04.100 and 15.04.110.]
Cross-reference: Interference with officials prohibited, see AMC 9.05.010.
15.15.060 Right to appeal decisions.
All persons shall have the right to appeal the Fire Chief or Fire Marshal’s decision, first through the city (Board of Works) and then to the Indiana Fire and Building Services Department in accordance with the provisions of IC 4-21.5-3-7. [Ord. 829, 1992. Code 2000 § 93.20; Code 1981 § 15.04.120.]
15.15.070 Violations – Remedies.
The attorney for the city upon receipt of a written notice from the Fire Chief or Fire Marshal, that after having issued a lawful notice and order to abate a violation of this chapter, and after a reasonable time for compliance has expired, shall bring action in the circuit or superior courts of the county, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Fire Chief or Fire Marshal, and any action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter. [Ord. 829, 1992. Code 2000 § 93.21; Code 1981 § 15.04.130.]
15.15.080 Penalty.
Any person who shall violate any provision of this chapter shall be subject to the penalty as stated in Chapter 1.15 AMC. [Code 2000 § 93.99.]