Sec. 12-180. - Scope objective.

(a)

The fire drill and evacuation rules for residential high rise buildings set forth in this subdivision shall apply to buildings five stories or more and/or 50 feet or more in height.

(b)

The objective of this subsection is to provide education as a part of continuing residential indoctrination through continuing written programs for all occupants, to assure the prompt reporting of the initiation of fire, the response to fire alarms as designated, and the immediate initiation of fire safety procedures to safeguard life and contain fires until the arrival of the fire department.

(Ord. No. 07-010(sub 1), § 1, 4-5-07)

Sec. 12-181. - Rule 1: Responsibility of owners.

(a)

The owner or agent for the owner having charge of the building shall:

(1)

Be responsible for providing for fire safety and the conduct of emergency egress drills therein in accordance with these rules;

(2)

Be responsible for developing a written fire safety plan providing for fire drill and evacuation procedures in accordance with these rules;

(3)

Identify of at least one person on duty as the emergency response coordinator and one person as the back up coordinator;

(4)

Provide fire department approved lock box if the building does not have 24 hour security;

(5)

Conduct documented fire and evacuation drills annually and/or as directed by the fire department;

(6)

Ensure that a current version of the fire safety plan is on file with the fire department;

(7)

Ensure that emergency instructions are provided annually to the occupants of each dwelling unit to indicate the location of fire alarms, egress paths and actions to be taken, both in response to a fire in the dwelling unit and in response to the sounding of the alarm system;

(8)

Ensure that the written fire safety plan is given and explained to each occupant when moving into the building;

(9)

Report to the fire command in the event of a fire to supervise, provide for and coordinate the following:

a.

Manning of the fire command station;

b.

Conducting the evacuation procedures as provided in the fire safety plan;

c.

Reporting on fire conditions on the floors involved to the fire department upon their arrival;

d.

Ensuring that the fire department is notified of all fires or fire alarms.

(Ord. No. 07-010(sub 1), § 1, 4-5-07)

Sec. 12-182. - Rule 2: Fire alarms.

Any person discovering fire, heat or smoke shall immediately report such condition to the fire department. No person shall make, issue, post or maintain any regulation or order, written or verbal, that would require any person to take any delaying action prior to reporting such condition to the fire department.

(Ord. No. 07-010(sub 1), § 1, 4-5-07)

Sec. 12-183. - Rule 3: Emergency egress drills.

(a)

Emergency egress drills shall be conducted in accordance with the fire safety plan;

(b)

At least one unannounced emergency egress drill observed by the fire department shall be conducted bi-annually;

(c)

All residents of the building shall participate in the emergency egress drills;

(d)

A written record of such drills shall be kept on the premises for three years and shall be readily made available for inspection by the fire department.

(Ord. No. 07-010(sub 1), § 1, 4-5-07)

Sec. 12-184. - Rule 4: Fire safety plan.

(a)

The fire safety plan shall include, but not be limited to the following:

(1)

Procedures for reporting of emergencies;

(2)

Occupant and staff responses to emergencies;

(3)

Design and conduct emergency egress drills;

(4)

Type and coverage of building fire protection systems;

(5)

Identification of at least one person as the emergency response coordinator and one person as the back up coordinator;

(6)

Identification of all special needs occupants such as occupants who are wheel chair bound, visually impaired or physically disabled; and

(7)

Other items as may be required by the fire department.

(b)

Within 30 days after the adoption and publication of these rules, the owner or other person having charge of an existing residential high rise building shall submit a fire safety plan to the fire department for approval.

(c)

The owner or other person having charge of a building erected after the effective date of this section and designated as a residential high rise building, shall submit a fire safety plan to the fire department not later than three months after the date of issuance of a temporary or permanent certificate of occupancy.

(d)

When the fire safety plan is approved by the fire marshal, the applicable provisions shall be distributed by the building management to the occupants of all current dwelling units or upon signing of the lease, by new dwelling unit occupants.

(e)

All occupants of the building shall participate and cooperate in carrying out the provisions of the fire safety plan.

(f)

If there are changes from conditions existing at the time the fire safety plan for the building was approved, and the changes are such as to require amending the fire safety plan, within 30 days after such amendments, the fire safety plan shall be submitted to the fire department for approval.

(Ord. No. 07-010(sub 1), § 1, 4-5-07)

Sec. 12-185. - Penalties.

(a)

Any person who shall violate any of the provisions adopted by this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such order as affirmed or modified by a court of competent jurisdiction within the time fixed in this article, shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not less than $250.00 nor more than $1,000.00 for the first offense; a fine of not less than $500.00 nor more than $2,500.00 for the second offense; and a fine of not less than $1,000.00 nor more than $5,000.00 for the third and subsequent offenses, or by imprisonment for a term not exceeding 90 days for each offense, or both. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten days that the prohibited conditions continue shall constitute a separate offense.

(b)

The application of the above penalties shall not be construed to prevent the enforced removal or abatement of the prohibited conditions.

(Ord. No. 07-010(sub 1), § 1, 4-5-07)

Sec. 12-186. - Appeals.

(a)

Generally. Appeals to the board of license and inspection review ("board") may be taken by any person affected by any decision of the fire marshal or the fire department. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed, that by reason of facts stated in the certification, a stay would in his or her opinion cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application by the officer from whom the appeal is taken and on due cause shown.

The board shall fix a reasonable time for the hearing of the appeal, give due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney.

(b)

Rules and procedures. The board shall hear and decide appeals in accordance with its duly prescribed and promulgated rules, regulations, and procedures. Copies of the current rules, regulations and procedures of the board shall be on file with and be available to the public at the city fire marshal's office, as well as in the city department of licenses and inspections.

(c)

Filing. If a violation notice or an order has been issued from which the owner, agent, occupant or other person in control of the structure, building or premises wishes to appeal, that person so notified may appeal the violation notice or order to the board. Any such notice or order shall so provide that there is such right of appeal to the board by the person so notified. The appeal shall be in writing and shall be filed within ten days after the receipt of the violation notice or order being appealed. The appeal shall be filed with the commissioner of licenses and inspections and a copy shall be filed with the fire marshal's office.

(d)

Fees. Any such appeal to the board shall be accompanied by a nonrefundable fee in the amount of $50.00, which shall be paid at the time of filing.

(e)

Notice to owners of nearby properties. Upon the scheduling of any such appeal to the board, the commissioner of licenses and inspections, or his designee, shall by regular mail send a copy of the notice of appeal to the last known address of each of the owners of record of the properties, whether residential or commercial, that are located in the same block on the same street as the subject property is located, a notice or order about the subject of the appeal to the board and for which the notice of appeal is being given thereby. The notice to such property owners shall include, but not necessarily be limited to the date, time, place and subject matter of the hearing of the appeal, the address of the property which is the subject of the appeal, and a summary of the nature of the notice or order that is being appealed.

Nothing herein provided shall be construed as affecting the validity of the conduct of the hearing of the appeal or the decision of the board regarding any such appeal.

(Ord. No. 07-010(sub 1), § 1, 4-5-07)