H-2 - Ordinance 2021-486 - Fire Safety Permit - Potential Mayor Override

37.04 PERMIT REQUIRED. No person subject to the provisions of this chapter shall operate any premises without a valid permit. 37.05 APPLICATION FOR 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. 37.06 ISSUANCE OF PERMIT. Upon the filing of an application for a permit, the Fire Marshal shall conduct an inspection of the premises to ensure compliance with Chapter 37 of this Code of Ordinances. If the Fire Marshal finds that the owner or operator is in compliance with Chapter 37, the Fire Marshal shall issue a permit upon payment of all permit and inspection fees. Any person whose application for a permit is denied may request a hearing on the matter before the City Council. The request for a hearing shall be filed in writing with the City Clerk within (7) business days from the mailing of the denial to the address on the application and shall state the requestor’s issue and requested remedy. 37.07 TERM OF PERMIT. The permit issued under this chapter shall be valid for a period of two (2) years as listed on the permit. 37.08 INSPECTIONS AUTHORIZED. 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. 37.09 TIME FOR INSPECTIONS. 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. 37.10 COURT ORDER AVAILABLE. 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.