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Rutland Municipal Code
  • Rutland Municipal Code
    • Adoption
    • Certification
    • Roster of Officials
    • Title I: General Provisions
      • Chapter 10: General Provisions
    • Title III: Administration
      • Chapter 30: General Provisions
      • Chapter 31: Executive Authority
        • Subchapter A: General Provisions
        • Subchapter B: The Mayor
        • Subchapter C: The Clerk
        • Subchapter D: The Treasurer
        • Subchapter E: The Street Commissioner
        • Subchapter F: Other Officials
      • Chapter 32: Legislative Authority
        • Subchapter A: The Village Council
        • Subchapter B: Contracts, Bids and Proceedings
        • Subchapter C: Ordinances and Resolutions
        • Subchapter D: Initiative and Referendum
      • Chapter 33: Judicial Authority
        • Subchapter A: Mayor's Court
        • Subchapter B: Contempt of Court
      • Chapter 34: Department of Police
      • Chapter 35: Department of Fire
        • Subchapter A: General Provisions
        • Subchapter B: Volunteer Firefighters' Dependents Fund Board
      • Chapter 36: Civil Actions Against the Municipality
    • Title V: Public Works
      • Chapter 50: General Provisions
      • Chapter 51: Public Utilities
      • Chapter 52: Solid Waste Disposal
      • Chapter 53: Storm Water Control
    • Title VII: Traffic Code
      • Chapter 70: General Provisions
        • Subchapter A: General Provisions
        • Subchapter B: Traffic Control Devices
      • Chapter 71: Licensing Provisions
        • Subchapter A: Motor Vehicle Licensing
        • Subchapter B: Driver's Licenses
        • Subchapter C: Commercial Driver's Licenses
      • Chapter 72: Traffic Rules
        • Subchapter A: General Provisions
        • Subchapter B: Right-of-Way
        • Subchapter C: Pedestrians
        • Subchapter D: Grade Crossings
        • Subchapter E: School Buses
        • Subchapter F: Prohibitions
      • Chapter 73: Motor Vehicle Crimes
        • Subchapter A: Impaired Operation
        • Subchapter B: Reckless Operation; Speed Limits
        • Subchapter C: Stopping after Accident
      • Chapter 74: Equipment and Loads
        • Subchapter A: Equipment
        • Subchapter B: Loads
      • Chapter 75: Bicycles, Motorcycles and Off-Road Vehicles
        • Subchapter A: General Provisions
        • Subchapter B: Snowmobiles, Off-Highway Motorcycles and All-Purpose Vehicles
      • Chapter 76: Parking Regulations
    • Title IX: General Regulations
      • Chapter 90: Animals
        • Subchapter A: Animals at Large
        • Subchapter B: Offenses Relating to Animals
      • Chapter 91: Fireworks, Explosives and Fire Prevention
        • Subchapter A: Fireworks and Explosives
        • Subchapter B: Fire Prevention
        • Subchapter C: Open Burning
      • Chapter 92: Intoxicating Liquors
      • Chapter 93: Nuisances
        • Subchapter A: General Provisions
        • Subchapter B: Septic Tanks, Cesspools and Refuse
        • Subchapter C: Weeds and Litter on Private Property
        • Subchapter D: Unclean Habitations
      • Chapter 94: Streets and Sidewalks
        • Subchapter A: General Provisions
        • Subchapter B: Construction and Repair
        • Subchapter C: Changes in Streets
      • Chapter 95: Unclaimed and Abandoned Vehicles
      • Chapter 96: Watercraft
    • Title XI: Business Regulations
      • Chapter 110: General Provisions
      • Chapter 111: Taxicabs
      • Chapter 112: Peddlers, Itinerant Merchants and Solicitors
      • Chapter 113: Commercial Amusements
      • Chapter 114: Tattooing and Body Piercing Services
    • Title XIII: General Offenses
      • Chapter 130: General Provisions
      • Chapter 131: Offenses Against Property
      • Chapter 132: Offenses Against Public Peace
      • Chapter 133: Sex Offenses
      • Chapter 134: Gambling Offenses
      • Chapter 135: Offenses Against Persons
      • Chapter 136: Offenses Against Justice and Administration
      • Chapter 137: Weapons Control
      • Chapter 138: Drug Offenses
    • Title XV: Land Usage
      • Chapter 150: General Provisions
        • Subchapter A: Parks and Recreation
        • Subchapter B: Planning and Zoning
        • Subchapter C: Streets, Rights-of-Ways and Addressing
        • Subchapter D: Building Department
      • Chapter 151: Agriculture, Animals and Livestock
      • Chapter 152: Commercial Development; Structures
        • Subchapter A: General Provisions
        • Subchapter B: Commercial Development
        • Subchapter C: Residential Development
        • Subchapter D: Dangerous Dwellings and Structures
        • Subchapter E: Manufactured Homes
      • Chapter 153: Flood Hazard Mitigation
    • Title XVII: Municipal Regulations
      • Chapter 170: The Municipality and its Government
        • Subchapter A: The Municipality
        • Subchapter B: Office of the Mayor
        • Subchapter C: Office of the Clerk-Fiscal Officer
        • Subchapter D: Office of the Marshal; Department of Police
        • Subchapter E: Office of the Street Commissioner; Department of Public Servi
        • Subchapter F: Department of Code Enforcement
        • Subchapter G: Department of Information Technology
      • Chapter 171: Other General Regulations
        • Subchapter A: Burial of Indigent Persons
        • Subchapter B: Juveniles
        • Subchapter C: Adult Use Cannabis Control
        • Subchapter D: Municipal Income Taxation
        • Subchapter E: Property, Utility and Motor Vehicle Taxation
      • Recodification and Reorganization of Title XVII
Rutland Municipal Code
Rutland Municipal Code > Title IX: General Regulations > Chapter 91: Fireworks, Explosives and Fire Prevention > Subchapter B: Fire Prevention
Subchapter B: Fire Prevention
§ 91.30 REMOVAL OF FLAMMABLE MATERIALS OR OBSTRUCTIONS.
§ 91.31 PROTECTIVE APPLIANCES.
§ 91.32 COMPLIANCE WITH ORDER.
§ 91.33 WASTE RECEPTACLES.
§ 91.34 HOTEL TO HAVE FIRE WARNING DEVICE PRODUCING VISIBLE SIGNAL.
§ 91.35 FIRE SUPPRESSION SYSTEMS.
§ 91.36 VIOLATIONS OF STATE FIRE CODE PROHIBITED.
§ 91.37 POSTING ARSON NOTICES IN HOTELS, MOTELS AND OTHER PLACES.
§ 91.38 NEGLIGENT BURNING.
§ 91.39 SPREADING ALARM OF UNFRIENDLY FIRE.
§ 91.40 UNVENTED HEATERS.

Subchapter B: Fire Prevention


§ 91.30 REMOVAL OF FLAMMABLE MATERIALS OR OBSTRUCTIONS.

   Any flammable or combustible materials not arranged or stored in such a manner as to afford reasonable safety against the danger of fire, or any matter stored or arranged in such a manner as to impede or prevent access to, or exit from, any premises in case of fire, shall be ordered by the Fire Chief to be removed or rearranged in such manner as to eliminate any fire hazard. The order shall be in writing and delivered to the owner, lessee, or occupant of the premises.

Penalty, see § 91.99


§ 91.31 PROTECTIVE APPLIANCES.

   If the Fire Chief finds upon inspection that the appliances for protection against fire are wholly wanting or are inadequate in number, condition, size, arrangement, or efficiency for the reasonable protection of the premises against fire, he or she shall cause an order in writing to be delivered to the owner, lessee, or occupant requiring the installation, replacement, or repair of appliances adequate for the reasonable protection of the premises in case of fire.

Penalty, see § 91.99


§ 91.32 COMPLIANCE WITH ORDER.

   An order to correct the hazardous conditions specified in either § 91.30 or 91.31 shall be directed to the owner, lessee, or occupant of the premises, building, or structure, or to the person in control of the articles, material, goods, wares, or merchandise, or to the owner thereof, as the circumstances may require. It is made the duty of the owner, lessee, or occupant of the premises, building, or structure, and of the person in control of such articles, materials, goods, wares, and merchandise, or the owner thereof, to comply with the order with all reasonable dispatch and diligence.

Penalty, see § 91.99


§ 91.33 WASTE RECEPTACLES.

   Waste paper, ashes, oil rags, waste rags, excelsior, or any material of a similar hazardous nature shall not be accumulated in any cellar or any other portion of any building of any kind. Proper fireproof receptacles shall be provided for such hazardous materials.

Penalty, see § 91.99


§ 91.34 HOTEL TO HAVE FIRE WARNING DEVICE PRODUCING VISIBLE SIGNAL.

   (A)   Every hotel shall have available at least one operational single station automatic fire warning device approved by the Fire Chief that produces a visible warning signal when activated by every product of combustion. The device, at the discretion of the owner, may also be activated by an early warning fire protection system. Hotels having fewer than 75 rooms shall have at least one warning device available for its guests. Hotels having more than 75 rooms shall have available for its guests one device for every group of 75 rooms. Upon the request of a guest, such a device, if available, shall be installed in the guest’s room.

   (B)   As used in this section, HOTEL means every establishment kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered to guests in which five or more rooms are used for accommodation of such guests, whether the rooms are in one or several structures, except as otherwise provided in R.C. § 5739.091.

(R.C. §§ 3781.107, 5739.01(M)) (Rev. 2021)

   (C)   Whoever violates the provisions of this section shall be fined not more than $1,000.

(R.C. §§ 3791.02, 3791.03)


§ 91.35 FIRE SUPPRESSION SYSTEMS.

   (A)   Every building constructed in this municipality with floors used for human occupancy located more than 75 feet in height above the lower level of fire department vehicle access shall have a fire suppression system installed and in operation in conformity with the rules of the state Board of Building Standards adopted pursuant to R.C. § 3781.10.

   (B)   As used in this section:

      FIRE SUPPRESSION SYSTEM. Means a system that includes devices and equipment to detect a fire, actuates an alarm, and suppress or control a fire.

      HUMAN OCCUPANCY. Does not include floors of buildings where occupancy by humans is limited to ingress, egress, and limited access for maintenance and repair.

(R.C. § 3781.108(A), (B))

   (C)   Whoever violates the provisions of this section shall be fined not more than $1,000.

(R.C. §§ 3791.02, 3791.03)


§ 91.36 VIOLATIONS OF STATE FIRE CODE PROHIBITED.

   (A)   No person shall knowingly violate any provision of the State Fire Code or any order made pursuant to it.

(R.C. § 3737.51(A))

   (B)   Except as a violation of R.C. § 2923.17, regarding the felonies of unlawful possession of a dangerous ordnance and illegal manufacture or processing of explosives, involves subject matter covered by the State Fire Code, whoever violates division (A) of this section is guilty of a misdemeanor of the first degree.

(R.C. § 3737.99(B))

Statutory reference:Fire Code violations, see R.C. §§ 3737.41 et seq.Ohio Fire Code, see O.A.C. Chapter 1301:7-7

§ 91.37 POSTING ARSON NOTICES IN HOTELS, MOTELS AND OTHER PLACES.

   (A)   The owner, operator or lessee of any hotel, motel or transient residential building shall post the provisions of R.C. §§ 2909.02 and 2909.03, regarding aggravated arson and arson, in a conspicuous place in each room occupied by guests in such building. The owner, operator or lessee of any nontransient residential building, institution, school or place of assembly shall post the provisions of such sections in conspicuous places upon such premises. No person shall fail to comply with this section.

(R.C. § 3737.61)

   (B)   Whoever violates division (A) of this section is guilty of a minor misdemeanor.

(R.C. § 3737.99(C))


§ 91.38 NEGLIGENT BURNING.

   (A)   No person shall set, kindle, or cause to be set or kindled any fire which, through his or her negligence, spreads beyond its immediate confines to any structure, field or wooded lot.

(R.C. § 3737.62)

   (B)   Whoever violates division (A) of this section is guilty of a misdemeanor of the fourth degree.

(R.C. § 3737.99(D))

Cross-reference:Arson, see § 131.02

§ 91.39 SPREADING ALARM OF UNFRIENDLY FIRE.

   (A)   The owner, operator or lessee, an employee of any owner, operator or lessee, an occupant, and any person in direct control of any building regulated under the state building code, upon the discovery of an unfriendly fire, or upon receiving information that there is an unfriendly fire upon the premises, shall immediately, and with all reasonable dispatch and diligence, call or otherwise notify the fire department concerning the fire, and shall spread an alarm immediately to all occupants of the building.

   (B)   As used in this section, UNFRIENDLY FIRE means a fire of a destructive nature as distinguished from a controlled fire intended for a beneficial purpose.

(R.C. § 3737.63)

   (C)   Whoever violates this section is guilty of a misdemeanor of the third degree.

(R.C. § 3737.99(E))


§ 91.40 UNVENTED HEATERS.

   (A)   The use of a brazier, salamander, space heater, room heater, furnace, water heater, or other burner or heater using wood, coal, coke, fuel oil, kerosene, gasoline, natural gas, liquid petroleum gas or similar fuel, and tending to give off carbon monoxide or other harmful gases must comply with the following provisions;

      (1)   When used in living quarters, or in any enclosed building or space in which persons are usually present, shall be used with a flue or vent so designed, installed, and maintained as to vent the products of combustion outdoors; except in storage, factory, or industrial buildings which are provided with sufficient ventilation to avoid the danger of carbon monoxide poisoning.

      (2)   When used as a portable or temporary burner or heater at a construction site, or in a warehouse, shed, or structure in which persons are temporarily present, shall be vented as provided in division (A)(1) or used with sufficient ventilation to avoid the danger of carbon monoxide poisoning.

   (B)   This section does not apply to domestic ranges, laundry stoves, gas logs installed in a fireplace with an adequate flue, or hot plates, unless the same are used as space or room heaters.

   (C)   No person shall negligently use, or, being the owner, person in charge, or occupant of premises, negligently permit the use of a burner or heater in violation of the standards for venting and ventilation provided in this section.

   (D)   Division (A) above does not apply to any kerosene-fired space or room heater that is equipped with an automatic extinguishing tip-over device, or to any natural gas-fired or liquid petroleum gas-fired space or room heater that is equipped with an oxygen depletion safety shut-off system, and that has its fuel piped from a source outside the building in which it is located, that are approved by an authoritative source recognized by the State Fire Marshal in the State Fire Code adopted by him or her under R.C. § 3737.82.

   (E)   The State Fire Marshal may make rules to ensure the safe use of unvented kerosene, natural gas, or liquid petroleum gas heaters exempted from division (A) above when used in assembly buildings, business buildings, high hazard buildings, institutional buildings, mercantile buildings, and type R-1 and R-2 residential buildings, as these groups of buildings are defined in rules adopted by the Board of Building Standards under R.C. § 3781.10. No person shall negligently use, or, being the owner, person in charge or occupant of premises, negligently permit the use of a heater in violation of any rules adopted under this division.

   (F)   The State Fire Marshal may make rules prescribing standards for written instructions containing ventilation requirements and warning of any potential fire hazards that may occur in using a kerosene, natural gas, or liquid petroleum gas heater. No person shall sell or offer for sale any kerosene, natural gas, or liquid petroleum gas heater unless the manufacturer provides with the heater written instructions that comply with any rules adopted under this division.

   (G)   No product labeled as a fuel additive for kerosene heaters and having a flash point below 100°F or 37.8°C shall be sold, offered for sale, or used in any kerosene space heater.

   (H)   No device that prohibits any safety feature on a kerosene, natural gas, or liquid petroleum gas space heater from operating shall be sold, offered for sale, or used in connection with any kerosene, natural gas, or liquid petroleum gas space heater.

   (I)   No person shall sell or offer for sale any kerosene-fired, natural gas, or liquid petroleum gas-fired heater that is not exempt from division (A) above, unless it is marked conspicuously by the manufacturer on the container with the phrase “Not Approved For Home Use”.

   (J)   No person shall use a cabinet-type, liquid petroleum gas-fired heater having a fuel source within the heater, inside any building, except as permitted by the State Fire Marshal in the State Fire Code adopted by him or her under R.C. § 3737.82.

(R.C. § 3701.82)

   (K)   Whoever violates this section is guilty of a misdemeanor of the first degree.

(R.C. § 3701.99(B)) (Rev. 2005)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. The Council of the Village of Rutland provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly.Hosted by: The Council of the Village of Rutland
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