§ 94.05 ADMINISTRATION

(A) The Chief of the Fire Department may assign such members of the Fire Department as fire inspectors as shall from time to time be necessary. Inspectors shall be assigned to the Code Enforcement Division.

(B) A report of the Fire Department Code Enforcement Division shall be made annually and transmitted to the Chief executive offices of the municipality; it shall contain all proceedings under this chapter, with such statistics as the Chief of the Fire Department may wish to include therein. The Chief of the Fire Department shall recommend any amendments to the chapter which, in his judgment, shall be desirable.

(Ord. G-28-99, passed 12-28-99)

§ 94.04 ADOPTION

(A) The following fire safety rules of the Indiana Fire Prevention and Building Safety Commission as set out in ARTICLE 22 OF TITLE 675 of the Indiana Administrative Code are hereby incorporated by reference into this code, and shall include later amendments to that Article as the same are published in the Indiana Register or the Indiana Administrative Code with the effective dates as fixes therein: Article 22 - Fire Prevention Codes; Indiana Fire Code, including Appendices I-A, I-B, I-C.

(B) Copies of all above referenced fire safety rules, codes and standards shall be kept on file and open for public inspection in the office of the Fort Wayne Fire Department Code Enforcement Division.

(Ord. G-28-99, passed 12-28-99)

§ 94.03 APPLICABILITY

(A) The provisions of this code and the fire safety rules of the Indiana Fire Prevention and Building Safety Commission shall apply to existing buildings and conditions.

(1) Exceptions:

(a) Existing conditions which do not constitute a distinct hazard to life or property.

(b) The transportation of any articles or substances under the jurisdiction of and in compliance with the regulations prescribed by the armed forces of the United States.

(B) Nothing in this code shall be construed, interpreted or applied to abrogate, nullify or abolish any law, ordinance or code adopted by the city governing the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings specifically provided herein. When any provision of this code is found to be in conflict with any building, zoning, safety, health, or other applicable law, ordinance or code of the city or rules of the Fire Prevention Building Safety Commission existing on the effective date of this code or hereafter adopted, except as provided for by IN 675 IAC 12, the provision which establishes the higher standard for the promotion and protection of the safety and welfare of the public shall prevail.

(C) The planning, design and construction of new buildings and structures to provide egress facilities, fire protection, and built-in fire protection equipment shall be controlled by the building rules of the Indiana Fire Prevention and Building Safety Commission; and any alterations, additions or changes in buildings required by the provisions of this code which are within the scope of the said building rules shall be made in accordance herewith.

(D) Buildings built under and in full compliance with the building and fire safety laws and rules in force at the time of construction or alteration thereof, and that has been properly maintained and used for such use as originally permitted, shall be exempt from the requirements of this code pertaining to any of the following matters:

(1) Fire protection of structural elements;

(2) Exits required, except as provided for existing buildings under this code; or

(3) Isolation of hazardous operations and mixed uses; provided, however, that the fire chief shall require the installation of fire safety devices or systems (fire extinguishers, fire alarms, fire detection devices, or similar systems) where they are necessary to provide safety to life. In lieu of requiring the installation of safety devices or systems or when necessary to secure safety in addition thereto, the fire chief shall prescribe limitations on the handling and storage of materials or substances or upon operations that are liable to cause fire, contribute to the spread of fire, or endanger life or property. Any orders issued by the fire chief to obtain compliance with this subsection shall be governed by the provision of IC 36-8-17-10.

(Ord. G-28-99, passed 12-28-99)

§ 94.02 PURPOSE

(A) The purpose and the intent of this code is to prescribe minimum requirements and controls to safeguard life, property or public welfare from the hazards of fire and explosion arising from the storage, handling or use of substances, materials or devices and from conditions hazardous to life, property or public welfare in the use or occupancy of buildings, structures, sheds, tents, lots or premises.

(B) To prescribe a course of action to be taken to gain compliance with the state and local codes, ordinances and regulations for fire prevention.

(Ord. G-28-99, passed 12-28-99)

§ 94.01 TITLE

This chapter and all ordinances supplementary or amendatory hereto, shall be known as the "Fire Prevention Code of the City of Fort Wayne, Indiana", may be cited as such, and will be referred to herein as the "code".

(Ord. G-28-99, passed 12-28-99)