CHAPTER 94: FIRE PREVENTION - Top

Smoke Detectors

(A) It is declared that any building open to the public or used for housing more than one family which does not have unobstructed access for fire fighting equipment constitutes a fire hazard and a public nuisance because it endangers the lives of the public. ('74 Code, § 12-11)

(B) Upon recommendation of the chief of the Fire Prevention Bureau, the Board of Public Safety may require the abatement of the nuisance by ordering the building closed to the public and evacuated, which order shall be enforced by the police department. ('74 Code, § 12-12)

(C) At the request of the Board of Public Safety, the city attorney may file suit in the name of the city for the abatement of the nuisance. ('74 Code, § 12-13)

(Ord. G-43-68, passed - -68) Penalty, see 94.99

No building shall constitute a nuisance as defined in 94.45(A) if the owner and lessee provide adequately marked fire lanes and keep them open at all times for fire fighting equipment.

('74 Code, § 12-15) (Ord. G-43-68, passed - -68) Penalty, see 94.99

Any owner may, at his option, dedicate adequate fire lanes either for general public use or as fire lanes only to be approved by the Fire Prevention Bureau within standards set by such bureau and approved by the board of safety of the city, in which event the fire department shall be responsible for marking the fire lanes and the police department shall be responsible for keeping them open, and the owner and lessee shall be relieved of all further responsibility under this subchapter.

('74 Code, § 12-16) (Ord. G-43-68, passed - -68) Penalty, see 94.99

Any person parking in or otherwise obstructing a duly marked fire lane so dedicated shall be subject to the same penalties provided for such parking or otherwise obstructing fire lanes on public streets.

('74 Code, § 12-17) (Ord. G-43-68, passed - -68) Penalty, see 94.99

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ALARM SIGNAL. An audible signal indicating the detection of visible or invisible particles or products of combustion other than heat.

AUTHORITY HAVING JURISDICTION. The Fort Wayne Fire Department and City Safe Housing and Building Standards Department, which have enforcement responsibility for this subchapter.

FAMILY LIVING UNIT. That structure, area, room, or combination of rooms in which a family (or individual) live. This is meant to cover living areas only and not common usage area in multi-family buildings such as corridors, lobbies, basements, etc.

LABELED. Equipment or materials to which has been attached a label, symbol or other identifying mark of an organization acceptable to the "authority having jurisdiction."

LISTED. Equipment or materials included in a list published by an organization acceptable to the "authority having jurisdiction" and which product meets appropriate standards or has been tested and found suitable for use in a specified manner.

NFPA 74. Standard 74 of the National Fire Protection Association, which is located in Batterymarch Park, Quincy, MA 02269.

RENTAL AGENT. Any person, partnership or corporation, who rents, subleases, lets or otherwise grants for a consideration the right to occupy premises not owned by the occupant. This term shall not be construed to mean a real estate agent who is employed for the sole purpose of selling residential units.

SLEEPING AREA. The area or areas of the family living unit in which the bedroom (or sleeping rooms) separated by other use areas, such as kitchens or living rooms (but not bathroom), shall be considered sleeping areas.

SMOKE DETECTOR. A device which detects visible or invisible particles or products of combustion other than heat, as approved by Underwriters Laboratories, Inc. or Factory Mutual. The smoke detector shall be equipped with a test button, and it shall produce an alarm signal upon detection of any visible particles or products of combustion. It may be powered either with a minimum nine-volt battery or 110-volt alternating current.

('74 Code, § 14.7-41) (Ord. S-205-86, passed 12-8-86)

All family living units within the corporate limits of the city shall be equipped with a minimum of one functional, properly located, labeled and listed, smoke detector, or its equivalent or better, as described in the NFPA 74.

('74 Code, § 14.7-42) (Ord. S-205-86, passed 12-9-86) Penalty, see 94.99

(A) A minimum of one smoke detector, or its equivalent or better, as described in the NFPA 74, shall be installed in each family living unit within the corporate limits of the city.

(B) All smoke detectors must be installed according to the manufacturers' instructions and subject to the approval of the "authority having jurisdiction."

(C) The smoke detector shall be installed to protect the sleeping areas and shall be located outside of the bedroom but in the immediate vicinity of the sleeping areas, within 15 feet of all rooms used for sleeping areas.

(D) The smoke detector shall be installed on or near the ceiling, not less than six inches from any wall, or on a wall, not less than six inches nor more than 12 inches from the ceiling, and its installation shall be subject to approval by the "authority having jurisdiction." No detector shall be recessed into the ceiling.

(E) All smoke detectors shall be accessible for servicing and testing.

(F) If a smoke detector is AC powered, it must be directly attached to a junction box not controlled by any switch other than the main power supply. The installation of AC powered detectors shall conform to all electrical standards adopted by the Allen County Building Department. A smoke detector required under this chapter shall be installed according to the direction and specification of the manufacturer, but if in conflict with any county electrical standard, the county electrical standard shall take precedence.

('74 Code, § 14.7-43) (Ord. S-205-86, passed 12-9-86) Penalty, see 94.99

(A) It shall be unlawful for any person to tamper with or remove any smoke detector, except when it is necessary for maintenance or inspection purposes. Any smoke detector removed for repair or replacement shall be reinstalled or replaced so that it is operable and in place during normal sleeping hours.

(B) Each smoke detector may be tested in accordance with manufacturers' recommendations, but shall be tested at six-month intervals in every individual residential dwelling unit, and maintained as necessary, to ensure it is in operable condition. At any change of tenancy, smoke detectors shall be tested and be in operable condition before the unit is reoccupied.

(C) Each smoke detector may be tested in accordance with manufacturers' recommendations, but shall be tested at six-month intervals, and maintained as necessary, to ensure it is in operable condition.

('74 Code, § 14.7-44) (Ord. S-205-86, passed 12-9-86) Penalty, see 94.99

Every owner, or the manager or rental agent of such owner of any such residential dwelling unit shall be responsible for the installation of all smoke detectors. It is the responsibility of the tenant to maintain all such smoke detectors provided by the owner in good working order until said tenant vacates the premises unless said smoke detector requires AC power supply, then the responsibility for maintaining such smoke detector shall be the responsibility of the owner, manager or rental agent of the property.

('74 Code, § 14.7-45) (Ord. S-205-86, passed 12-9-86) Penalty, see 94.99

The city fire department and the safe housing and building department shall be charged with the duty of enforcing the terms of this chapter.

('74 Code, § 14.7-46) (Ord. S-205-86, passed 12-9-86)

(A) Whoever violates any provision of this chapter, for which no specific penalty is otherwise provided, shall, upon conviction thereof, pay a fine of not more than $2,500. Each day any violation shall continue shall constitute a separate offense. In all cases where the same offense may be made punishable, or may be created by different clauses or sections of the ordinances of the city, the City Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.

(B) Any person, firm or corporation violating any provisions of §§ 94.60 through 94.65, or who shall fail to comply with an order as affirmed or modified by the authority having jurisdiction, shall be subject to a fine of $50. Each day such violation is permitted to continue may be deemed to constitute a separate offense. The violation and penalty as described in §§ 94.60 through 95.65 shall not be subject to any other fine or penalty within this chapter. ('74 Code, § 14.7-47) (Ord. S-205-86, passed 12-9-86)

Sections

95.01 Abandoned refrigerators and containers
95.02 Beehives

95.15 Definitions
95.16 Certification required
95.17 Certification to be kept current
95.18 Current certifications to be displayed in prominent area
95.19 Determination of violation

95.30 Definitions
95.31 Reporting requirements
95.32 Annual reports required
95.33 Affirmative obligations
95.34 Actions in event of release
95.35 Provisions deemed supplemental to state and federal laws
95.36 Jurisdiction and enforcement
95.37 Collection of penalties

95.50 Duties of Health Officer and deputies
95.51 Bond of Health Officer
95.52 Employees of Board of Health; appointment and qualifications
95.53 Abatement of nuisance or insanitary conditions
95.54 Employment of additional deputies to establish quarantine
95.55 Right of entry for purpose of making sanitary surveys
95.56 Duty of police to aid Health Commissioner
95.57 Bacteriological laboratory

95.60 Definitions
95.61 Application of this subchapter to restaurants
95.62 Prohibition of smoking in restaurants
95.63 Where smoking is not regulated
95.64 Posting of signs
95.65 Enforcement
95.66 Violations
95.67 Non-retaliation
95.68 Public education
95.69 Other applicable laws
95.70 Severability

95.80 Definitions
95.81 Application of subchapter to city-owned facilities
95.82 Prohibition of smoking in public places and the Fort Wayne Children's
        Zoo
95.83 Regulation of smoking in places of employment
95.84 Reasonable distance
95.85 Where smoking is not regulated
95.86 Posting of signs
95.87 Enforcement
95.88 Violations
95.89 Non-retaliation
95.90 Public education
95.91 Other applicable laws
95.92 Severability
95.99 Penalty

It shall be unlawful for any person to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his or her control, in a place accessible to children, any abandoned, unattended or discarded icebox, refrigerator, or other container, which has an airtight door or lid, without first removing the door lid from the icebox, refrigerator or container.

('74 Code, § 18-19) (Ord. 2718, passed - - ; Am. Ord. G-37-77, passed 9-27-77) Penalty, see  95.99

It shall be unlawful for any person to keep within the limits of the city more than two hives of bees upon any one lot at any time and the hives must not be nearer than 50 feet to any street or 20 feet to any alley or division line between lots or parts of lots of another. ('74 Code, § 18-3) Penalty, see § 10.99

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

BOARDING HOME FOR CHILDREN. A place operated by a person who for hire, gain or reward has in his/her custody or control a child unattended by parent, guardian or custodian, except a child related by marriage for the purpose of providing the child with care, food and lodging.

CARDIOPULMONARY RESUSCITATION. A program in pediatric CPR module and pediatric obstructed airway module, as defined in BLS Course D by the American Heart Association or its equivalent.

CHILDREN'S HOME or CHILD CARING INSTITUTION. A children's home, orphanage, institution, shelter, care facility, or other place maintained or constructed by any group or individual, firm, association, corporation or political subdivision engaged in operating for gain a private business of boarding children who are unattended by a parent, guardian or custodian.

('74 Code, § 14-7.1(a)) (Ord. G-16-83, passed 5-24-83; Am. Ord. G-25-88, passed 8-23-88)

It shall be unlawful for any individual, firm, corporation, association or political subdivision to operate or maintain or conduct a boarding home for children, day care nursery, children's home or child caring institution without retaining at least one child care provider, on duty at all times, who has been certified in cardiopulmonary resuscitation by a certified instructor in such program. Nothing in this section shall apply to any institution maintained or operated by the state, or a licensed private or public educational institution.

('74 Code, § 14-7.1(b)) (Ord. G-16-83, passed 5-24-83; Am. Ord. G-25-88, passed 8-23-88) Penalty, see 95.99

Certification is for one year from the ending quarter of the initial certification. Recertification shall require the child care provider to successfully complete a recertification in a BLS course D program, or its equivalent, on an annual basis.

('74 Code, § 14-7.1(c)) (Ord. G-16-83, passed 5-24-83; Am. Ord. G-25-88, passed 8-23-88) Penalty, see  95.99

Current certification card(s) or diploma(s) shall be displayed in a prominent area of the boarding home for children, day care nursery, children's home or child caring institution. Such prominent area shall mean the primary entry way to the facility.

('74 Code, § 14-7.1(d)) (Ord. G-16-83, passed 5-24-83; Am. Ord. G-25-88, passed 8-23-88) Penalty, see  95.99

(A) Violations under this section shall be reported to the Fort Wayne-Allen County Board of Health.

(B) An Inspector shall cause a written Notice of Violation to be entered upon the owner or manager of the facility in question granting that owner a minimum of 14 calendar days within which proof of certification of at least one-half of the facility's staff members in cardiopulmonary resuscitation must be forwarded to the Fort Wayne-Allen County Board of Health.

(C) Following the expiration of the notice of violation, if no proof of certification has been forwarded an Inspector shall inspect the facility to determine a violation of this section.

('74 Code, § 14-7.1(e)) (Ord. G-16-83, passed 5-24-83; Am. Ord. G-25-88, passed 8-23-88) Penalty, see 95.99

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

EXTREMELY HAZARDOUS SUBSTANCE. Any substance so designated by the United States Environmental Protection Agency by regulation adopted under the federal act.

FEDERAL ACT. Title III of the "Superfund amendments and Re-authorization Act of 1986," 100 STAT. 1728, 42 U.S.C. 11001, as amended.

FACILITY. All buildings, equipment, structures, and other stationery items that are located on a single site on contiguous or adjacent sites and that are owned, operated or used by the same person or by any person who controls, is controlled by, or is under common control with that person. For purposes of the notification required by § 95.33, the term includes motor vehicles, rolling stock and aircraft.

FIRE DEPARTMENT. The Fire Department of the city of Fort Wayne.

HAZARDOUS CHEMICAL. The meaning given to that term in 29 C.F.R. 1910.1200(c), but does not include any of the following:

(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration of the United States Department of Health and Human Services;

(3) Any substance to the extent it is used for personal, family, or household purposes or is present in the same form and concentration as a product packaged for distribution to and used by the general public, including, without limitation, household and consumer products that are stored prior to or displayed for distribution to the consumer when in the same form and concentration as such products when not intended for use by the general public in the same form and concentration;

(4) Any substance to the extent it is used in a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual;

(5) Any substances to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer

HAZARDOUS MATERIAL. The meaning given to that term in 49 C.F.R. 171.8.

HAZARDOUS SUBSTANCE. Any substance so designated under the "Comprehensive Environmental Response, Compensation, and Liability Act of 1980" 94 STAT 2767, 42 U.S.C. 9601, as amended and regulations promulgated thereunder.

LOCAL EMERGENCY PLANNING COMMITTEE, COMMITTEE. The Allen County Local Emergency Planning Committee.

PERSON. Any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or interstate body.

U.S. EPA. The United States Environmental Protection Agency.

('74 Code, § 12-31) (Ord. G-02-90, passed 3-13-90)

(A) Except as provided in division (D) of this section, any person who owns or operates a facility and is required to prepare or have available a material safety data sheet for a hazardous chemical under the "Occupational Safety and Health Act of 1970," 84 STAT 1590, 29 U.S.C. 651, as amended, and regulations promulgated thereunder, and who has not already complied with the provisions of this division (A), shall submit to the Local Emergency Planning Committee and the Fire Department a list of any hazardous chemicals and extremely hazardous substances that are present at the facility in an amount that exceeds the threshold level applicable to each hazardous chemical or extremely hazardous substance established by regulations adopted under the federal act. The list shall include all of the following:

(1) A listing of the hazardous chemical and extremely hazardous substances for which a material safety data sheet is required, grouped by hazard category in the manner prescribed by regulations adopted under the federal act.

(2) The chemical name or common name of each hazardous chemical and extremely hazardous substance;

(3) Except for the reporting of mixtures under division (B) of this section, any hazardous component of each hazardous chemical as provided on the material safety data sheet;

(4) For each hazardous chemical or extremely hazardous substance, an indication as to whether the owner or operator of the facility has withheld information pursuant to a trade secret claim under the federal act.

(B) The owner or operator of the facility may meet the requirements of division (A) of this section for a hazardous chemical that consists of a mixture of hazardous chemicals by:

(1) Providing information required by division (A) of this section for each component in the mixture that is a hazardous chemical, or;

(2) Providing the information required by division (A) of this section on the mixture itself.

(C) Within 90 days after the discovery of significant information concerning a hazardous chemical or extremely hazardous substance identified in the list required by division (A) of this section or within 90 days after first obtaining a hazardous chemical or extremely hazardous substance for which reporting is required by division (A) of this section, the owner or operator of a facility shall prepare a revised list that meets the requirements of said division (A) and contains the new information and shall submit such revised list to the Local Emergency Planning Committee and the Fire Department. If the owner or operator submits a revised list due to the discovery of significant new information about a chemical or substance on the current list for which the Local Emergency Planning Committee had requested a material safety data sheet, such owner or operator shall also submit a revised material safety data sheet to the committee and the Fire Department.

(D) The owner or operator of any facility at which no more than 10 hazardous chemicals or extremely hazardous substances are present in an amount that exceeds the threshold level applicable to each hazardous chemical or extremely hazardous substance established by regulations adopted under the federal act may, in lieu of the list required under division (A) of this section, submit the applicable material safety data sheet to the Local Emergency Planning Committee and the Fire Department.

(E) No person shall fail to comply with this section. Each day that a person is in noncompliance with this section shall constitute a separate violation hereunder. The committee may, in its discretion, commence an action under this section against any person who violates the provision of this section. Any action under this section is a civil action, governed by the general rules, practice and procedure applicable to civil actions in the State of Indiana. In addition to an action for civil penalties, the committee may, in its discretion, bring an action for injunctive relief to permanently enjoin any person from further violations or the provisions of this section and the federal act.

('74 Code, § 12-32) (Ord. G-02-90, passed 3-13-90) Penalty, see 95.99

(A) The owner or operator of a facility that is required to prepare or have available a material safety data sheet for a hazardous chemical under the "Occupational Safety and Health Act of 1970," 84 STAT 1590, 29 U.S.C. 1651, as amended, and regulations promulgated there under, and that had present at the facility during the preceding calendar year an amount of a hazardous chemical or an extremely hazardous substance exceeding the threshold level for that chemical or substance established by regulations adopted under the federal act shall, no later than March 1 annually, submit an emergency and hazardous chemical inventory form (the "inventory form") to the Local Emergency Planning Committee and to the Fire Department. The inventory form shall be that prescribed by the committee and shall contain for each such hazardous chemical or extremely hazardous substance information that has been designated as Tier I information under the federal act. The owner or operator of such facility may submit an inventory form containing information that been designated as Tier II information under the federal act in lieu of tier information for any hazardous chemical or extremely hazardous substance present at the facility. Upon request of the Local Emergency Planning Committee or the department, the owner or operator of a facility that is subject this section shall, no later than 30 days after receiving such request, submit an inventory form containing information that has been designated Tier II information under the federal act. Such inventory form shall include all of the following information:

(1) The chemical name or common name of the chemical as provided on the material safety data sheet;

(2) An estimate of the maximum daily amount, in pound, of the hazardous chemical reported in reporting ranges, as established in regulations adopted under the federal act, present at the facility on any single day during the reporting period;

(3) An estimate in pounds of the average daily amount of the hazardous chemical reported in such reporting ranges that are present at the facility during the reporting period;

(4) A brief description of the manner of storage of the hazardous chemical or extremely hazardous substance;

(5) All non-confidential locations of the hazardous chemical or extremely hazardous substance at the facility; and

(6) An indication as to whether the owner or operator chooses to assert a trade secret claim with respect to any hazardous chemical or extremely hazardous substance that was present at the facility at any time during the preceding year in accordance with the provisions of the federal act. The owner or operator of such facility shall submit the Tier II information on an inventory form prescribed by the committee.

(B) No person shall fail to comply with this section. Each day that a person is in noncompliance with this section shall constitute a separate violation hereunder. The committee may, in its discretion, commence an action under this section against any person who violates the provisions of this section. Any action under this section is a civil action, governed by the general rules, practice and procedure applicable to civil action in the state. In addition to an action for civil penalties, the committee may, in its discretion, bring an action for injunctive relief to permanently enjoin any person from further violation of the provisions of this section and the federal act. ('74 Code, § 12-33) (Ord. G-02-90, passed 3-13-90) Penalty, see  95.99

The owner or operator of any facility at which there is present a hazardous chemical or an extremely hazardous substance in an amount that exceeds the threshold level for that substance established by regulations adopted under the federal act shall, in accordance with such act, and regulations promulgated thereunder, do all of the following:

(A) No later than three months after becoming subject to the federal act, notify the Local Emergency Planning Committee that the facility is subject to the federal act, and shall further notify the Local Emergency Planning Committee of a facility representative who will participate in the committee's emergency planning process as the facility emergency coordinator;

(B) Promptly inform the Local Emergency Planning Committee of any changes occurring at the facility that may be relevant to the emergency planning process;

(C) Upon request of the Local Emergency Planning Committee, promptly provide information to the committee that is necessary for developing and implementing the local emergency response plan, as that term is defined under the federal act. Information that is provided under this section is subject to the restrictions on the release of trade secret information under the federal act;

(D) No person shall fail to comply with this section. Each day that a person is in noncompliance with this section shall constitute a separate violation hereunder. The committee may, in its discretion, commence an action under this section against any person who violates the provisions of this section. Any action under this section is a civil action, governed by the general rules, practice and procedure applicable to civil actions in the state. In addition to an action for civil penalties, the committee may, in its discretion, bring an action for injunctive relief to permanently enjoin any person from further violations or the provisions of this section and the federal act.

('74 Code, § 12-34) (Ord. G-02-90, passed 3-13-90) Penalty, see  95.99

(A) In the event of a release of a hazardous chemical or an extremely hazardous substance from a facility that is reportable under the federal act, the owner or operator of such facility shall immediately notify both the Local Emergency Planning Committee and the Fire Department.

(B) For any release for which a written follow-up emergency notice is required by the federal act, that notice shall be provided to the Local Emergency Planning Committee.

(C) Whenever an owner or operator of a facility is required to submit any report to the U.S. EPA under regulations adopted under section 104 of the "Comprehensive Environmental Response, Compensation and Liability Act of 1980," 94 STAT. 2767, 42 U.S.C. 9601, as amended, concerning the circumstances relating to the sudden, accidental release of a hazardous chemical extremely hazardous substance at or from the facility, such owner or operator shall submit a copy of the report to the local agency planning committee at the same time.

('74 Code, § 12-35) (Ord. G-02-90, passed 3-13-90)

It is the intent of this subchapter to supplement the provisions of the federal act and such other federal and state statutes, rules and regulations as may be applicable with respect to any facility that produces, uses, stores or otherwise has possession of hazardous chemicals, hazardous substances or extremely hazardous substances. No provision of this subchapter shall be deemed to supersede any federal or state requirement and to the extent that any provision herein conflicts with the federal act or any other federal or state statute, rule or regulation, such federal or state statute, rule or regulation shall control. ('74 Code, § 12-36) (Ord. G-02-90, passed 3-13-90)

The Local Emergency Planning Committee shall have the responsibility of enforcing the provisions of this subchapter and may bring an action, as authorized under this subchapter, in the superior or circuit court of Allen County.

('74 Code, § 12-37) (Ord. G-02-90, passed 3-13-90)

Any civil penalties imposed under  95.31, 95.32 and 95.33 shall be paid to the Allen County Auditor for deposit into an account maintained for the use and benefit of the Local Emergency Planning Committee. ('74 Code, § 12-38) (Ord. G-02-90, passed 3-13-90)

The Health Officer and all Deputy Health Officers shall be diligent in enforcing this chapter and in doing what is reasonable and necessary for the protection and preservation of the public health. They shall study the state health laws and the health rules of the state board of health and be active in enforcing them. The vital statistics shall be carefully collected, duly recorded and reported to the state board of health for final compilation in the state health report by the Health Officer, and he shall make a monthly report to the Mayor and Common Council of all health work done, with such recommendation as may seem proper to him.

('74 Code, § 14-8)

In compliance with section 44 of the Indiana General Assembly act entitled, "An Act Concerning Municipal Corporations," approved March 6, 1905 (Acts of 1905, pp. 241-242; Burns' Indiana Statutes Annotated, 1950 Replacement, section 48-1244), the penal sum of the bond of the Health Officer is hereby fixed at $5,000.

('74 Code, § 14-9) (Ord. 245, passed - - )

All of the employees of the City-County Board of Health shall be properly appointed by the City-County Board of Health. They shall be properly qualified for their duties. All such employees shall be responsible to the secretary of the City-County Board of Health for the performance of their duties.

('74 Code, § 14-10)

If a nuisance or any insanitary conditions are found by the health commissioner, deputy sanitary officers and police upon making a sanitary survey, it shall be the duty of the Health Officer, when informed of the existence of such conditions, to notify immediately the person so offending, in writing, fixing a time limit to abate the nuisance. If such person shall fail or refuse to abate the nuisance, within the time specified, it shall be the duty of the street commissioner, upon notice of the Health Officer, to cause such nuisance to be abated, keeping an accurate account of the expense thereof, which shall be paid from the city treasury upon the sworn voucher of the Street Commissioner, and such expense shall be a lien on the property, and collected as taxes are collected, and turned into the city treasury.

('74 Code, § 14-11)

If at any time the work of prevention of the spread of infectious or contagious diseases is more than can be reasonably expected by the Health Officer, he may, with the consent of the Mayor, employ one or more intelligent men to act as deputies to establish quarantine, remove patients to the special hospital and conduct disinfections.

('74 Code, § 14-12)

The secretary of the City-County Board of Health, who is also city health commissioner, all deputy Health Officers and the city police, shall have full power and authority to enter into or upon any street, premises or ground for the purpose of making a sanitary survey of

the same; provided that, before making any such entrance, due request for permission shall have been made at proper and reasonable hours.

('74 Code, § 14-13)

It shall be the duty of the city police at all times to aid the City Health Commissioner in the work of enforcing this chapter upon demand of the Health Commissioner.

('74 Code, § 14-15)

The City-County Board of Health may, and shall be authorized and empowered to establish, maintain and operate a bacteriological laboratory for the purpose of diagnosing contagious diseases, and the board is hereby empowered and may purchase all necessary materials and apparatus, and hire all necessary labor for the purpose of establishing and operating such laboratory. The laboratory shall be under the control and direction of the City-County Board of Health.

('74 Code, § 14-14)

As used in this chapter, the following terms have the meanings indicated unless the content clearly requires otherwise:

ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.

RESTAURANT. Any enclosed building, structure or area used as or held out to the public as having food available for payment to be consumed on the premises, including bars, coffee shops, cafeterias, cafes, luncheonettes, soda fountains, and taverns.

SMOKING. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or combustible substance in any manner or in any form.

(Ord. G-22-98, passed 6-23-98)

All restaurants, as defined herein, shall be subject to the provisions of this subchapter.

(Ord. G-22-98, passed 6-23-98)

Smoking shall be prohibited in restaurants.

(Ord. G-22-98, passed 6-23-98) Penalty, see  95.99

(A) Notwithstanding any other provisions of this subchapter to the contrary, the following areas shall not be subject to the smoking restrictions of this subchapter:

(1) Restaurants as designated by IC 7.1-5-7-1, et seq. (concerning minors and alcoholic beverages) as off-limits to persons under 18 years of age.

(2) A designated room or other enclosed area within a restaurant otherwise regulated and subject to this smoking ban provided that such area is completely enclosed and separate from the remainder of the smoke free enclosed areas of the facility by solid floor to ceiling walls and doors and/or windows which must remain closed except for entry and exit of persons to and from the room or where a window or door ventilates to the outside of the building. No restaurant covered by this subchapter shall be designated a smoking area in its entirety. It is strongly encouraged but not mandated in existing restaurants and particularly new restaurants that wish to have an area where smoking is not regulated to have a separate ventilation system in this area whereby the air from the enclosed area is immediately exhausted to the outside in such a way as to prevent reintroduction of smoke into any smoke-free area.

(3) Conference rooms, meeting rooms, and private assembly rooms in restaurants while these places are being used for private functions as long as these places are completely enclosed and separate from the remainder of the smoke free enclosed areas of the facility, by solid floor to ceiling walls and doors and/or windows which must remain closed except for entry and exit of persons to and from the room or where a window or door ventilates to the outside of the building. It is strongly encouraged but not mandated in existing restaurants and particularly new restaurants that wish to have an area where smoking is not regulated to have a separate ventilation system in this area whereby the air from the enclosed area is immediately exhausted to the outside in such a way as to prevent reintroduction of smoke into any smoke-free area.

(4) Restaurants completely contained in, owned by and operated as private clubs which are open exclusively to members of the private clubs and their guests.

(B) Notwithstanding any other provision of this section, any owners, operator, manager, or other person who controls any restaurant described in this section may declare a portion of, or the entire restaurant, as a non-smoking restaurant.

(C) In restaurants where certain areas are designated as non-smoking areas pursuant to this subchapter, a sign with the statement "No Smoking Except in Designated Areas" shall be conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment. Said sign shall further state that "second hand smoke has been determined by the U.S.E.P.A. to be a class A carcinogen which may cause lung cancer and second hand smoke has been determined to cause respiratory diseases in children and adults."

(D) To the extent that any sections of this subchapter conflict with any state or federal statute or regulation or with any regulation of the City Fire Department, this section shall not apply.

(Ord. G-22-98, passed 6-23-98)

(A) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently, and conspicuously posted in every building or other place where smoking is regulated by this subchapter, by the owner, operator, manager, or other person having control of such building or other place.

(B) Every enclosed facility owned by the city where smoking is prohibited by this subchapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

(C) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this subchapter, by the owner, operator, manager, or other person having control of such area.

(Ord. G-22-98, passed 6-23-98) Penalty, see 95.99

(A) Enforcement of this subchapter shall be implemented by the Fort Wayne-Allen County Health Department, the City Fire Department, and all other city and county governmental agencies responsible for building inspections, which board and/or departments shall certify in writing that any establishment being inspected is complying with the terms of the subchapter. This may be done by noting compliance to this subchapter on any other form already used for annual building inspections.

(B) Owners, operators, managers or other persons having control over a restaurant or enclosed area where smoking is prohibited and any citizen who desires to register a complaint under this subchapter may initiate enforcement by calling the City Fire Department. If the Fire Department is not involved in other higher priority activities, someone will be dispatched to issue a citation to the offending party.

(C) The owner, operator, or manager of a business shall not be responsible for violations of this subchapter within their premises by patrons or citizens, provided that such patrons or citizens have been adequately informed that their actions may be in violation of the subchapter. Any owner, operator, or manager of a business shall have adequately informed patrons or citizens if he or she has posted signs on the premises in accordance with this subchapter.

(Ord. G-22-98, passed 6-23-98)

(A) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this subchapter to fail to comply with any of its provisions.

(B) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this subchapter.

(Ord. G-22-98, passed 6-23-98) Penalty, see  95.99

No person or employers shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right to a smoke free environment afforded by this subchapter.

(Ord. G-22-98, passed 6-23-98) Penalty, see 95.99

The Fort Wayne-Allen County Health Department and the Fort Wayne Fire Department shall explain and clarify the purposes and requirements of this subchapter to citizens affected by it, and shall provide guidance to owners, operators and managers in their compliance with it, upon request of such explanation or guidance. Such explanation or guidance may include publication of a brochure for affected businesses and individuals explaining the provisions of this subchapter.

(Ord. G-22-98, passed 6-23-98)

This subchapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. G-22-98, passed 6-23-98)

If any provision, clause, sentence or paragraph of this subchapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of the subchapter are declared to be severable.

(Ord. G-22-98, passed 6-23-98)

As used in this chapter, the following terms have the meanings indicated unless the content clearly requires otherwise:

BUSINESS. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.

EMPLOYEE. Any person who is employed by an employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a non-profit entity.

EMPLOYER. Any person, partnership, corporation, including a municipal corporation, or non-profit entity, who employs the services of one or more individual persons.

ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all space therein screened by partitions which do not extend to the ceiling or are not solid, "office landscaping" or similar structures.

PLACE OF EMPLOYMENT. Any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges and restrooms, conference and class rooms, employee cafeterias and hallways. A private residence is not a "place of employment" unless it is used as a child care, adult day care or health care facility.

PUBLIC PLACE. Any enclosed area, including vehicles, to which the public is invited or in which the public is permitted or generally that is open to the public regardless of whether such building or vehicle is owned in whole or in part by a private person or entities or by the city or other public entity, and regardless whether a fee is charged for admission to the place. It includes, but is not limited to: elevators, public conveyances, museums, concert halls, theaters, hallways, auditoriums, exhibition halls, indoor sports arenas, bowling centers, hospitals, nursing homes, medical, dental, or health care facilities, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, public meetings or hearings, public transportation facilities, ticket areas, public restrooms, libraries, restaurants, waiting areas, lobbies, reception areas, banks, educational facilities, laundromats, reception areas, retail food production and marketing establishments, retail service establishments, retail stores, and waiting rooms. A private residence is not a PUBLIC PLACE.

RESTAURANT. Any enclosed building, structure or area used as or held out to the public as having food available for payment to be consumed on the premises, including bars, coffee shops, cafeterias, cafes, luncheonettes, soda fountains, and taverns.

RETAIL TOBACCO STORE. A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

SERVICE LINE. Any indoor line at which one or more persons are waiting for or receiving service of any kind, whether or not such service involves the exchange of money.

SMOKING. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form.

SPORTS ARENA. Sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble either to engage in physical exercise, participate in athletic competition, or witness sports events.

(Ord. G-23-98, passed 6-9-98)

All public places and other enclosed facilities owned by the city shall be subject to the provisions of this subchapter.

(Ord. G-23-98, passed 6-9-98)

(A) Smoking shall be prohibited in all enclosed public places within the city, including but not limited to the following places:

(1) Elevators;

(2) Buses, taxicabs, and other means of public transit;

(3) Restrooms;

(4) Service lines;

(5) Retail stores;

(6) All areas available to the general public without express invitation or permission in all businesses and non-profit entities;

(7) Public areas of aquariums, galleries, libraries, the Botanical Conservatory, and museums when open to the public;

(8) Any facility which is primarily used for exhibiting any motion picture, stage, drama, lecture, musical recital, or other similar performance, except when smoking is part of a stage production;

(9) Sports arenas and convention halls;

(10) Every room, chamber, place of meeting or public assembly, including school buildings, under the control of any board, council, commission, committee, including joint committees, or agencies of the city or any political subdivision of the state during such time as a public meeting is in progress, to the extent such place is subject to the jurisdiction of the city;

(11) Waiting rooms, hallways, wards and semi-private rooms of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors' offices, chiropractors' offices, and dentists' offices;

(12) Lobbies, hallways and other common areas in apartment buildings, condominiums, retirement facilities, nursing homes, and other multiple-unit residential facilities;

(13) Lobbies, hallways, and other common areas in multiple-unit commercial facilities;

(14) Polling places.

(B) Smoking shall be prohibited at all times in all areas of the Fort Wayne Children's Zoo.

(Ord. G-23-98, passed 6-9-98) Penalty, see  95.99

(A) It shall be the responsibility of employers to provide a smoke free workplace for all employees.

(B) Within 90 days of the effective date of this subchapter, each employer having an enclosed area of employment located within the city shall adopt, implement, make known, and maintain a written smoking policy which shall contain the following requirements:

Smoking shall be prohibited in all enclosed areas within a place of employment and vehicles used within the scope of employment, without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, vehicles, enclosed garages, and all other enclosed areas and vehicles.

(C) The smoking policy shall be communicated in writing to all employees within three weeks of its adoption.

(D) All employers shall supply a written copy of the smoking policy upon request to any existing or prospective employee.

(E) To the extent an employer chooses to establish an enclosed area for smoking as provided in § 95.85(A)(8) of this subchapter, then employees shall be required to work in said designated smoking area only on a volunteer basis and an employer shall be prohibited from requiring an employee to work in the designated smoking area unless the employee voluntarily consents to working in said area.

(Ord. G-23-98, passed 6-9-98) Penalty, see 95.99

Smoking shall occur at a reasonable distance outside any enclosed area where smoking is prohibited to insure that tobacco smoke does not enter through the entrances, windows, ventilation system or other means with no re-circulation to other non-smoking areas. To insure a smoke-free access and exit, a reasonable distance shall be construed to mean not less than 20 feet from the doorway or other opening leading into the enclosed area where smoking is prohibited.

(Ord. G-23-98, passed 6-9-98) Penalty, see 95.99

(A) Notwithstanding any other provision of this subchapter to the contrary, the following areas shall not be subject to the smoking restrictions of this subchapter:

(1) Restaurant, as defined in  95.80(G).

(2) Conference rooms, meeting rooms and private assembly rooms in hotels and motels while these places are being used for private functions as long as these places are completely enclosed and separate from the remainder of the smoke free enclosed areas of the facility, by solid floor to ceiling walls and doors and/or windows which must remain closed except for entry and exit of persons to and from the room or where a window or door ventilates to the outside of the building. It is strongly encouraged but not mandated in these establishments that wish to have an area where smoking is not regulated to have a separate ventilation system in this area whereby the air from the enclosed area is immediately exhausted to the outside in such a way as to prevent reintroduction of smoke into any smoke-free area.

(3) Private offices within places of employment as long as said private office is not a public place as defined in this subchapter and is not otherwise generally open to the public, and provided that such private office is completely enclosed and separate from the remainder of the smoke free enclosed areas of the facility, by solid floor to ceiling walls and doors and/or windows which must remain closed except for entry and exit of persons to and from the room or where a window or door ventilates to the outside of the building. It is strongly encouraged but not mandated in these offices that wish to have an area where smoking is not regulated to have a separate ventilation system in this area whereby the air from the enclosed area is immediately exhausted to the outside in such a way as to prevent reintroduction of smoke into any smoke-free area.

(4) Private clubs which are open exclusively to members of the Club and their guests.

(5) Private residences, except when used as child care or health care facilities.

(6) Retail tobacco shops.

(7) All hotel and motel guest rooms or suites.

(8) A designated room or other enclosed area within a public place otherwise regulated and subject to this non-smoking ban provided that such area is completely enclosed and separate from the remainder of the smoke free enclosed areas of the facility, by solid floor to ceiling walls and doors and/or windows which must remain closed except for entry and exit of persons to and from the room or where a window or door ventilates to the outside of the building. No public place covered by this subchapter shall be designated a smoking area in its entirety. It is strongly encouraged but not mandated in existing public places and particularly new public places that wish to have an area where smoking is not regulated to have a separate ventilation system in this area whereby the air from the enclosed area is immediately exhausted to the outside in such a way as to prevent reintroduction of smoke into any smoke-free area.

(9) Bowling alleys, pool halls and bingo halls.

(B) Notwithstanding any other provision of this section, any owners, operator, manager, or other person who controls any establishment described in this section may declare a portion of, or the entire establishment, as a non-smoking establishment.

(C) In public places, enclosed areas or other facilities affected by this subchapter, where certain areas are designated as smoking areas pursuant to this subchapter, the statement "No Smoking Except in Designated Areas" shall be conspicuously posted on all public entrances or in a position clearly visible on entry into the establishment. Said sign shall further state that "second hand smoke has been determined by the U.S.E.P.A. to be a class A carcinogen which may cause lung cancer, and secondhand smoke has been determined to cause respiratory diseases in children and adults."

(D) To the extent that any sections of this subchapter conflict with any state or federal statute or regulation or with any regulation of the City Fire Department, this section shall not apply.

(Ord. G-23-98, passed 6-9-98)

(A) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently, and conspicuously posted in every building or other place where smoking is regulated by this subchapter, by the owner, operator, manager, or other person having control of such building or other place.

(B) Every public place where smoking is prohibited by this subchapter shall have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.

(C) All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited by this subchapter, by the owner, operator, manager, or other person having control of such area.

(Ord. G-23-98, passed 6-9-98) Penalty, see  95.99

(A) Enforcement of this subchapter shall be implemented by the Fort Wayne-Allen County Health Department, the City Fire Department, and all other city and county governmental agencies responsible for building inspections, which board and/or departments shall certify in writing that any establishment being inspected is complying with the terms of the subchapter. This may be done by noting compliance with this subchapter on any other form already used for annual building inspections.

(B) Owners, operators, managers or other persons having control over a public place, enclosed area or other area where smoking is prohibited hereunder and any citizen who desires to register a complaint under this subchapter may initiate enforcement by calling the City Fire Department. If the Fire Department is not involved in other higher priority activities, someone will be dispatched to issue a citation to the offending party.

(C) The owner, operator, or manager of a business shall not be responsible for violations of this subchapter within their premises by patrons or citizens, provided that such patrons or citizens have been adequately informed that their actions may be in violation of the subchapter. Any owner, operator, or manager of a business shall have adequately informed patrons or citizens if he or she has posted signs on the premises in accordance with this subchapter.

(Ord. G-23-98, passed 6-9-98) Penalty, see 95.99

(A) It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this subchapter to fail to comply with any of its provisions.

(B) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this subchapter.

(Ord. G-23-98, passed 6-9-98) Penalty, see  95.99

No person or employers shall discharge, refuse to hire or in any manner retaliate against any employee, applicant for employment, or customer because such employee, applicant, or customer exercises any right to a smoke free environment afforded by this subchapter.

(Ord. G-23-98, passed 6-9-98) Penalty, see  95.99

The Fort Wayne-Allen County Health Department and the City Fire Department shall explain and clarify the purposes and requirements of this subchapter to citizens affected by it, and shall provide guidance to owners, operators and managers in their compliance with it, upon request of such explanation or guidance. Such explanation may include publication of a brochure for affected businesses and individuals explaining the provisions of this subchapter.

(Ord. G-23-98, passed 6-9-98)

This subchapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

(Ord. G-23-98, passed 6-9-98)

If any provision, clause, sentence or paragraph of this subchapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this subchapter which can be given effect without the invalid provision or application, and to this end the provisions of this subchapter are declared to be severable.

(Ord. G-23-98, passed 6-9-98)

(A) Whoever violates any provision of this chapter, for which no specific penalty is otherwise provided, shall, upon conviction thereof, pay a fine of not more than $2,500. Each day any violation shall continue shall constitute a separate offense. In all cases where the same offense may be made punishable, or may be created by different clauses or sections of the ordinances of the city, the City Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.

(B) Any person violating any of the provisions of  95.01 shall be deemed guilty of a violation and upon conviction thereof shall be fined in an amount not exceeding $300. Each day such violation is committed or permitted to continue shall constitute as separate offense and shall be punishable as such hereunder. ('74 Code, § 18-19) (Ord. 2718, passed - - ; Am. Ord. G-37-77, passed 9-27-77)

(C) Any person violating any provision of §§ 95.16 through 95.19 shall be punished by a fine of $25 payable to the City Clerk. Each day such violation shall continue shall constitute a separate offense. ('74 Code, § 14-7.1(f) (Ord. G-16-83, passed 5-24-83; Am. Ord. G-25-88, passed 8-23-88)

(D) Any person who violates any provision of 95.31 through 95.33 shall pay a civil penalty of not more than $2,500 for each such violation. ('74 Code, §§ 12-32 through 12-34) (Ord. G-02-90, passed 3-13-90)

(E) Any person who violates any provision of 95.60 through 95.70 or §§ 95.80 through 95.92 shall be guilty of an infraction, punishable by:

(1) A fine not exceeding $100 for a first violation.

(2) A fine not exceeding $200 for a second violation of this subchapter within one year.

(3) A fine not exceeding $500 for each additional violation of this subchapter within one year. (Ord. G-22-98, passed 6-23-98; Ord. G-23-98, passed 6-9-98)

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