ARTICLE 6: FIRE PREVENTION CODE
7-65 GENERAL
(A) Title. These regulations shall be known as the Town of Avon Fire Prevention Code, hereinafter referred to as “this article.”
(B) Scope. The purpose of this article is to establish requirements consistent with the rules of the Indiana Fire Prevention and Building Safety Commissionto safeguard life, property, and the environment from the hazards of fire and explosion arising from the storage, handling, or use of materials or devices or the use of a structure; from conditions that are hazardous to life and property or public welfare in the occupancy of new or existing structures or premises and to establish appropriate administrative procedures for the enforcement of this article.
(C) Severability. If a section, subsection, sentence, clause,or phrase of this article is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article.
(D) Validity. In the event any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions hereof, which are determined to be legal; and it shall be presumed that this article would have been passed without such illegal or invalid parts or provisions.
7-66 DEFINITIONS.
As used in this article, the following terms shall have the meanings ascribed to them in this section.
CLASS 1 STRUCTURE means buildings and structures as defined in I.C. 22-12-1-4.
CLASS 2 STRUCTURE means buildings and structures as defined in I.C. 22-12-1-5.
CODE OFFICIAL means any person authorized to enforce this article. The Code Official may include but not be limited to the Fire Chief, Fire Marshal, Fire Inspector, or the Building Official.
CONSTRUCTION ACTIVITY means any activity for which a Town of Avon Building Permit is required.
DESIGN PROFESSIONAL means an architect or engineer as defined by 675 IAC 12-5-2 (d).
FIRE CHIEF means the administrator of the Washington Township/Avon Fire Department as appointed by the Township Trustee of Washington Township, HendricksCounty or his designee.
FIRE DEPARTMENT means the Washington Township/Avon Fire Department.
FIRE MARSHAL means the chief fire prevention officer as appointed by the fire chief.
FIRE PREVENTION DIVISION means the fire prevention bureau of the Washington Township/Avon Fire Department.
FIRE PREVENTION AND BUILDING SAFETY COMMISSION means the State of Indiana Fire Prevention and Building Safety Commission.
FIRE PROTECTION SYSTEM means any fire sprinkler system, fire alarm system, kitchen hood fire suppression system, paint booth fire suppression system, or any other fire suppression or detection system installed in a Class 1 structure.
PREMISE means any piece of property containing a Class 1 or Class 2 structure.
PRIVATE DWELLING means a building used exclusively as the personal residence of one or two families.
QUALIFIED INDIVIDUAL is a person who has successfully completed instruction related to the equipment being installed, serviced, or repaired.
7-67 APPLICABILITY.
(A) The provisions of this article shall be supplemental to 675 IAC 22, as adopted from time to time by the Fire Prevention and Building Safety Commission.
(B) The provisions of this article shall apply to the maintenance and installation of fire prevention and life safety features as herein described.
(C) When any provision of this article is found to be in conflict with any building, zoning, safety, health, or other applicable law or ordinance of the Town existing on the effective date of this article, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public, as determined by the Fire Marshal, shall prevail.
(D) The provisions of this article shall apply to existing conditions; as well as to the conditions arising after the adoption thereof. Buildings, systems, uses, processes, and equipment in existence on the effective date of this article 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.
(E)Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
7-68 MINIMUM STANDARDS.
(A) All fire safety rules of the Indiana Fire Prevention and Building Safety Commission as set out in Title 675 of the Indiana Administrative Code applicable to the Town of Avon are hereby incorporated in this article, and shall include later amendments to that code as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates affixedto them.
(B) A current copy of these standards shall be available in the office of the fire prevention division for inquiry and review by the public during normal business hours.
7-69 FIRE DEPARTMENT EMERGENCY OPERATIONS.
(A) Fire Department. The WashingtonTownship / Avon Fire Department shall provide fire protection and prevention services for the Town of Avon.
(B) Authority at fires and other emergencies. The fire chief or officer of the fire department in charge at the scene of a fire or other emergency involving the protection of life or property or any part thereof, shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the fire chief is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove, or cause to be removed or kept away from the scene, any vehicle, vessel or thing which could impede or interfere with the operations of the fire department and, in the judgment of the fire chief, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of property in the vicinity thereof.
(1) Barricades. The fire chief or officer of the fire department in charge at the scene of an emergency is authorized to place ropes, guards, barricades or other obstructions across any street, alley, place or private property in the vicinity of such operation so as to prevent accidents or interference with the lawful effort of the fire department to manage and control the situation.
(2) Obstructing operations. No person shall obstruct the operations of the fire department in connection with extinguishment or control of any fire, or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the fire department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department.
(3) Systems and devices. No person shall render a system or device inoperative during an emergency unless by direction of the fire chief or fire department official in charge of the incident.
(C) Fire investigations. The fire department shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition pursuant to IC 36-8-17.
7-70 FIRE PREVENTION DIVISION.
(A) General. The fire prevention division is established within the jurisdiction under the direction of the Fire Chief. The function of the division shall be the implementation, administration and enforcement of the provisions of this article.
(B) Appointment. The Fire Marshal shall be appointed by the Fire Chief.
(C) Fire Prevention Staff. In accordance with the prescribed procedures of the WashingtonTownship / Avon Fire Department, the Fire Marshal shall have the authority to appoint technical officers, inspectors and other employees.
(D) Legal defense. Any suit instituted against any Code Official, officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this article shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this article; and any officer of the fire prevention division, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(E) Legal Assistance. The division may obtain the services of the Town Attorney for legal assistance in connection with the enforcement of this article.
7-71 GENERAL AUTHORITY AND RESPONSIBILITIES.
(A) General. The Code Official is hereby authorized to enforce the provisions of this article and shall have the authority to render interpretations of this article, and to adopt policiesandprocedures in order to clarify the application of its provisions. Such interpretations, policiesandprocedures shall be in compliance with the intent and purpose of this articleand shall not have the effect of waiving requirements specifically provided for in this article.
(B) Applications and permits. The Code Official is authorized to receive applications, review construction documents and issue permits for construction regulated by this article, issue permits for operations regulated by this article, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this article.
(C)Plan Review. The Code Official may assist the Planner and/or the Building Commissioner in reviewing site development plans and building construction plans to determine compliance with this article.
(D) Coordinated Enforcement. Whenever it shall be the responsibility of more than one (1) official to enforce the provisions of this article, it shall be the duty of the Code Officials to coordinate their inspections and administrative orders so far as is possible, so that the owners and occupants of the buildings shall not be subjected to numerous inspections, nor to multiple or conflicting orders.
(E) Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this article, or whenever the Code Official has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this article which make the building or premises unsafe, dangerous or hazardous, the Code Official shall have the authority to enter the building or premises, except the interior of private dwellings, at all reasonable times to inspect or to perform the duties imposed upon the Code Official by this article. If such building or premises is occupied, the Code Official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the building or premises and request entry. If entry is refused, the Code Official has recourse to every remedy provided by law to secure entry.
(1) Warrant. When the Code Official has first obtained an administrative search warrant or other remedy provided by law to secure entry, an owner or occupant or person having charge, care or control of the building or premises shall not fail or neglect, after proper request is made as herein provided, to permit entry therein by the Code Official for the purpose of inspection and examination pursuant to this article.
(F) Identification. The Code Official shall carry proper identification when inspecting structures or premises in the performance of duties under this article.
(G) Notices and orders. The Code Official is authorized to issue such notices or orders as are required to affect compliance with this article.
(H) Official records. The Code Official shall keep official records. Such official records shall be retained for not less than five years or for as long as the structure or activity to which such records relate remains in existence, unless otherwise provided by other regulations.
(1) Approvals and variances. A record of approvals and variances granted shall be maintained by the Code Official and shall be available for public inspection during business hours in accordance with applicable laws.
(2) Inspections. The Code Official shall keep a record of each inspection made, including notices and orders issued showing the findings and disposition of each.
(3) Fire records. The fire department shall keep a record of fires occurring within its jurisdiction.
(I)Alternative materials and methods. Except as otherwise provided in 675 IAC 12, wherever in this article the Code Official is authorized to approve any location, method, material, system or product in achieving compliance with this code, that decision shall be based on the following:
(a) Investigation or tests conducted by recognized authorities; or
(b) Investigation or tests conducted by technical or scientific organizations; or
(c) In accordance with Section 7-68 of this article.
(1) Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the department, the Code Official is authorized to require the owner or agent to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the Code Official and shall analyze the fire safety properties of the design, operation or use of the building or premises and the facilities and appurtenances situated thereon, to recommend necessary changes. The Code Official is authorized to require design submittals to be prepared by, and bear the stamp of a design professional.
(2) Administrative. Application for modification, alternative methods or materials and the final decision of the Code Official shall be in writing and shall be officially recorded in the permanent records of the Code Official.
7-72 VIOLATIONS.
(A) Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this article, or cause same to be done, in conflict with or in violation of any of the provisions of this article.
(B) Notice of violation. When the Code Official finds,by inspection, a buildingor premises that is in violation of this article, the Code Officialshall prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection.
(1) Service. A notice of violation issued pursuant to this article shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, first class mail, or by delivering the same to, and leaving it with, some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both.
(2) Compliance with orders and notices. A notice of violation issued or served as provided by this article shall be complied with by the owner, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains.
(3) Prosecution of violations. If the notice of violation is not complied with in a reasonable amount of time, the Code Official is authorized to request theprosecutor to institute the appropriate legal proceedings to restrain, correct or abate such violation.
(4) Unauthorized tampering. Signs, tags or seals posted or affixed by the Code Official shall not be mutilated, destroyed or tampered with or removed without authorization from the Code Official.
(C) Violation penalties. Persons who fails to correct aviolation ofone or more provisions of this articlewithin a reasonable amount of timeor who shall erect, install, alter, repair, or do work at any premises in violation of the approved construction documents or directive of the Code Official, or of a permit or certificate used under provisions of this article, shall be punishable by a fine as defined by Article 4 Division 7-49. Each day that a violation continues after due notice has been served shall be deemed a separate offense. This section applies only to violations that are exclusive requirements of this local ordinance and does not apply to violations of the rules of the commission.
(1) Abatement of violation. In addition to the imposition of the penalties herein described, the Code Official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; to prevent occupancy of a structure or premises; or to stop an illegal act, or illegal operation of business on or about any premises as outlined in Article 7-72 (E) and 7-72 (F).
(D) Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the Code Official relative to the application and interpretation of this article, there shall be and is hereby created a board of appeals
(1)Membership. The membership of the board shall consist of five voting members having the qualifications established by this section. Members shall be nominated by the Code Official and subject to confirmation by a majority vote of the Town Council. Members shall serve without remuneration or compensation, and shall be removed from office prior to the end of their appointed terms of office.
- Design Professional. One member shall be a practicing design professional registered in the practice of engineering or architecture in the State of Indiana.
- Fire Protection Engineering Professional. One member shall be a qualified engineer, technologist, technician, or safety professional trained in fire protection engineering, fire science, or fire technology. Qualified representatives in this category shall include fire protection contractors and certified technicians engaged in fire protection system design.
- Industrial Safety Professional. One member shall be a registered industrial or chemical engineer, certified hygienist, certified safety professional, certified hazardous materials manager, or comparable qualified specialist experienced in chemical process safety or industrial safety.
- General Contractor. One member shall be a contractor regularly engaged in the construction, alteration, maintenance, repair, or remodeling of buildings or building services and systems regulated by this article.
- Business Representative. One member shall be a representative of business or industry not represented by a member from one of the other categories of board members described above.
- Fire Marshal. The Fire Marshal shall be an ex officio member of the board but shall have no vote on any matter before the board.
(2)Terms of office. Members shall be appointed for terms of four years. No member shall be reappointed to serve more than two consecutive full terms.