Item D - Fire Safety Permit Ordinance - Draft

DRAFT FIRE SAFETY PERMIT ORDINANCE (Modified Coralville’s Ordinance) – will need to be renumbered to match Tiffin’s code 154B.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 154 or any of the applicable regulations or rules pursuant thereto. In absence of the Fire Marshal, the Fire Chief 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. 154B.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. 154B.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. 154B.11 NOTICE OF VIOLATION. 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. 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 2