1301:7-1-01 Enforcement.

Section FM-102.0 Enforcement

(A) FM-102.1 Fire official: The fire marshal, any assistant fire marshal, any certified fire safety inspector, the chief of the fire department of each municipal corporation where a fire department is established, the chief of the fire department in each township where a fire department is established, and such members of any such departments as may be designated by such chief, the fire prevention officer of a municipal corporation where no fire department exists, or the fire prevention officer of a township where no fire department is established shall be designated to enforce the provisions of this code. The fire official is herein also referred to as the code official.

(B) FM-102.2 Inspections: The fire marshal, any assistant fire marshal, or certified fire safety inspector may inspect all structures, premises and vehicles pursuant to section 3737.14 of the Revised Code as often as may be necessary for the purpose of ascertaining and causing to be corrected, any conditions liable to cause fire, contribute to the spread of fire, interfere with fire fighting operations, endanger life or any violations of the provisions or intent of this code or any other ordinance affecting fire safety.

(C) FM-102.2.1 Coordinated inspections: Whenever in the enforcement of the fire prevention code or another code or ordinance the responsibility of more than one enforcement official of the jurisdiction may be involved, it shall be their duty to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structures shall not be subjected to visits by numerous inspectors nor multiple or conflicting orders. Whenever an inspector from any agency or department observes an apparent or actual violation of some provision of law, ordinance or code of the jurisdiction, not within his authority to enforce, he shall report his findings to the official having jurisdiction in order that such official may institute the necessary corrective measures.

(D) FM-102.2.2 Right of entry: Whenever necessary for the purpose of enforcing the provisions of this code, or whenever the fire official has reasonable cause to believe that there exists in any structure or upon any premises any condition which makes such structure or premises unsafe, the fire official may enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed upon the fire official by this code; provided, that if such structure or premises be occupied, he shall first present proper credentials and request entry. If such entry is refused, the fire official shall have recourse to every remedy provided by law to secure entry.

(E) FM-102.3 Investigation of fires: The fire official shall investigate, or cause to be investigated, every fire or explosion occurring within the jurisdiction that is of a suspicious nature or which involves the loss of life or serious injury or causes destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion; and if it appears that such an occurrence is of a suspicious nature, the fire official shall take charge immediately of the physical evidence, and in order to preserve any physical evidence relating to the cause or origin of such fire or explosion, take means to prevent access by any person or persons to such building, structure or premises until such evidence has been properly processed. The fire official shall notify such persons designated by law to pursue investigations into such matters and shall further cooperate with such authorities in the collection of evidence and prosecution of the case and shall pursue the investigation to its conclusion.

(F) FM-102.4 Fire records: The reports of fire investigations required by section 3737.23 of the Revised Code shall be reported on form NFIRS-1, the "Incident Report," "the Civilian Casualty Report," and form NFIRS-3, "the Fire Service Casualty Report." Instructions for the use of these reports including the coding procedures that shall be used are found in the "National Fire Incident Reporting System" (NFIRS) version 4 hand book.

The report forms, manuals and coding information shall be compatible with the program prescribed by the United States fire administration as version 4 of the "National Fire Incident Reporting System" and sent to the state fire marshal in a manner approved by the state fire marshal. ELECTRONIC REPORTING OF "INCIDENT REPORTS" TO THE STATE FIRE MARSHAL WHEN UTILIZING VERSION 5 NFIRS FILES IS PERMITTED IF THE VERSION 5 OF NFIRS IS A VERSION APPROVED BY BOTH THE UNITED STATES FIRE ADMINISTRATION AND THE STATE FIRE MARSHAL AS BEING COMPATIBLE WITH VERSION 5 OF THE NATIONAL FIRE INCIDENT REPORTING SYSTEM. ANY ELECTRONIC REPORTING ALSO MUST BE IN A FORMAT THAT IS SPECIFICALLY COMPATIBLE WITH THE SOFTWARE USED BY THE STATE FIRE MARSHAL TO PROCESS SUCH REPORTS AND TRANSMITTED IN A FORMAT THAT HAS BEEN APPROVED BY THE STATE FIRE MARSHAL.

(G) FM-102.5 Administrative liability: Pursuant to section 9.86 of the Revised Code, no fire official, officer or employee of the state of Ohio shall be liable in any civil action that arises under the law of Ohio for damage or injury caused in the performance of his duties in enforcing this code, unless his actions were manifestly outside the scope of his employment or official responsibilities, or unless he acted with malicious purpose, in bad faith, or in wanton or reckless manner. Pursuant to section 9.87 of the Revised Code, the state of Ohio shall indemnify a fire official, officer or employee of the state of Ohio from liability incurred in the performance of his duties in enforcing this code by paying any judgement in, or amount negotiated in settlement of any civil action arising under federal law, the law of another state, or the law of a foreign jurisdiction subject to the limitations set out in section 9.87 of the Revised Code.

(H) FM-102.6 Rules and regulations: A political subdivision shall have authority as may be necessary in the interest of public safety, health and general welfare to promulgate rules and regulations, to interpret and implement the provisions of this code, to secure the intent thereof and to designate requirements applicable because of climatic or other conditions, but no such rules shall have the effect of waiving any fire safety requirements specifically provided in this code, or violating accepted engineering practice involving public safety.

(I) FM-102.7 Authority at fires and emergencies: The fire chief or his authorized representative shall be in charge at the scene of a fire or other emergency involving the protection of life and/or property, and shall remain in charge until authority is relinquished.

(J) FM-102.8 "Ohio Basic Building Code": The fire marshal or fire chief of municipal corporations having fire departments or the fire chief of townships having fire departments shall enforce all provisions of the "Ohio Basic Building Code" relating to fire prevention in accordance with section 3781.03 of the Revised Code.