Chapter 37: Fire Safety Permit

The purpose of this ordinance is to protect the health, safety, and welfare of the citizens of the City and its visitors, and to protect property in the City.

This chapter applies to all premises located in the City.

No person subject to the provisions of this chapter shall operate any premises without a valid permit.

Any person subject to the provisions of this chapter, shall file, in duplicate, an application for a permit with the Fire Marshal on forms provided by the Fire Marshal. If the Fire Marshal is unavailable, the applicant may file the forms with the Fire Chief.

The permit issued under this chapter shall be valid for a period of two (2) years as listed on the permit.

1. Authority. The Fire Marshal is hereby authorized to administer and enforce the provisions of this chapter and to make inspections to determine the condition of all premises within the City, in order that said officer may perform the duty of safeguarding the health, safety and welfare of the general public under the provisions of the Fire Code. The Fire Marshal shall, upon proper service request, enforce the provisions of this chapter and is hereby authorized and directed to make inspections pursuant to or in response to a proper service request regarding an alleged violation of the provisions of Chapter 37 or any of the applicable regulations or rules pursuant thereto. In absence of the Fire Marshal, the Fire Chief shall perform this duty.

2. Inspections. Inspections of the provisions of this chapter shall be conducted upon request, on a complaint basis, and/or through a program of regular inspections which shall be conducted every two (2) years.

1. The Fire Marshal is hereby authorized and directed to request entrance to inspect all premises subject to the provisions of this chapter, between the hours of 8:00 a.m. and 5:00 p.m. for the purpose of determining whether there is compliance with its provisions.

2. The Fire Marshal may agree to an inspection by appointment at any time.

If the owner, operator, or other person in charge of the premises fails or refuses to permit free access and entrance to the premises under said person’s control, or any part thereof, with respect to which an inspection authorized by this chapter is sought to be made, the Fire Marshal or Fire Chief, upon a showing that probable cause exists for the inspection and for the issuance of any order directing compliance with the inspection requirements of this chapter with respect to such premises, may petition and obtain such order from a court of competent jurisdiction.

Whenever the Fire Marshal determines that any premises fails to meet the requirements set forth in this chapter or in applicable rules and regulations issued pursuant hereto, the Fire Marshal shall issue a notice setting forth the alleged failures and advising the owner or operator that such failures must be corrected in order to obtain a permit. Such notice shall:

1. Be in writing and subsequent to an inspection.

2. List the alleged violations of this chapter or violations of the applicable rules and regulations issued pursuant hereto.

3. Describe the premises where the violations are alleged to exist or have been committed.

4. Provide a reasonable time, considering the nature of the remediation or corrective work, to accomplish such remediation or correction.

5. Be served upon the owner/operator as listed in the application for the permit personally or by registered mail. If one or more persons to whom such notice is addressed cannot be found after a diligent effort to do so, service may be made upon such person or persons by posting a notice in or about the premises, or by causing publication of such notice to be published in a newspaper of general circulation once each week for two consecutive weeks.

6. Be served upon the registered agent for the receipt of such service of notice so designated.

1. The applicant shall submit an application fee as adopted by resolution of the City Council.

2. The fees for review and inspection shall be adopted by resolution of the City Council.

1. Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter or who resists the enforcement of any section of this chapter shall be guilty of a misdemeanor punishable by a fine or imprisonment as provided in the Code of Ordinances.

2. Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter or who resists the enforcement of any section of this chapter shall be deemed to have committed a municipal infraction in accordance with Chapter 3 of this Code of Ordinances.

3. Any person who fails to perform an act required by this chapter or who commits an act prohibited by this chapter or who resists the enforcement of any section of this chapter may be ordered to close the premises to the public until such time as the violation has been cured.

The remedies provided in the chapter and otherwise in this Code of Ordinances are not exclusive, or in lieu of, the rights and remedies that the City may have at law or in equity.

The City Council, in regular or special session, shall sit as the Board of Appeals and, on appeals under this chapter, may seek additional professional counsel or experts in matters contained in this chapter. A simple majority of the appeal board shall be deemed to settle matters brought before the board.

1. The City Council, sitting as the Board of Appeals, shall hold meeting from time to time and conduct hearings on appeals. The appeal board shall act within thirty (30) days on a timely written request, and if the appeal board fails to act within thirty (30) days after the filing of a timely written appeal, the appeal shall be deemed granted in favor of the appellant.

2. Any person aggrieved by any ruling, decision, interpretation, or order regarding the denial of a permit by the Fire Marshal shall have the right to appeal to the Board of Appeals by filing written notice of such appeal with the City Clerk within seven (7) business days from the mailing date of the Fire Marshal’s ruling. If such a notice is filed, the City Clerk in consultation with the Fire Marshal, shall set a time and place for hearing and so notify the parties to the appeal in writing. The hearing shall be open to the public and subject to the time limitation set out in the immediately preceding subsection. The Board of Appeals by simple majority vote shall affirm, modify, or reverse an appealed ruling, decision, interpretation or order of the Fire Marshal. The Board of Appeals may permit such variance that can be made without decreasing the health or safety of persons or property, and when the granting thereof will not violate the intent and purpose of this chapter. Mere inconvenience or additional cost to the appellant is not grounds for the granting of such variance.

3. The Board of Appeals shall act within thirty (30) days on a timely written request. A decision by the Board of Appeals modifying, affirming, or reversing the decision of the Fire Marshal must be in writing and supported by written findings establishing the reasonableness of and reasoning for the decision.

4. Upon after both fully availing itself of the review process set forth in subsections above, and upon receiving formal, written affirmation of a denial of a permit for which the aforementioned review process was requested, the person may bring an action in district court at its own expense within thirty (30) days to review a decision of the City made under this chapter.