White River Township Fire Prevention and Protection Ordinance
 
ARTICLE III
 
Permitting and Inspection
 

SECTION 1.  General

            Pursuant to IC 36-8-17 the White River Township Fire Department and the Bargersville Fire Department, subject to the limitations and conditions stated in the applicable rules of the FPBSC and IC 36-8-17, it shall be the duty of the Fire Marshal or his designees to inspect or cause to be inspected as often as he may deem necessary or appropriate, all Class 1 structures, and the common areas of all multi-family dwelling buildings within his jurisdiction for the purposes of ascertaining and causing to be corrected any condition which may cause fire or explosion, endanger life from fire or explosion, or any violations of the provisions of the ordinance, or any other ordinances, standards or rules that may apply pertaining to life safety,  fire or explosion hazards. The maximum time between routine fire inspections should normally not exceed 12 months. Some occupancies such as high risk, educational, assembly or day-care facilities may require the maximum time between routine inspections not to exceed 6 months between inspections.
 

SECTION 2. Right of Entry

Where it is necessary to make an inspection to enforce the provisions of this ordinance, the applicable rules of FPBSC and IC 36-8-17, or where the fire marshal has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this ordinance which makes the structure or premises unsafe, dangerous or hazardous, the Fire Marshal is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this ordinance, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises be unoccupied, the Fire Marshal shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the fire marshal shall have recourse to the remedies provided by law to secure entry.   
 

SECTION 3. Inspection Process

A.      New Construction

The serving Fire Marshal or his designee shall conduct the following inspections on all new class 1 structures located within the boundaries of the White River Township Fire Protection District or the Bargersville Fire Protection District with the local building department inspector having jurisdiction:

                        1. Framing Inspection
                              2. Electrical Rough-in
                              3. Drywall
                              4. Occupancy

Prior to the issuance of a Certificate of Occupancy for a new building or tenant space, the Fire Marshal or his designee shall conduct the Pre-Occupancy Inspection with the local Building Inspector and then sign the Certificate of Occupancy. 

B.   Existing Class 1 Structures

            A routine fire inspection should occur at a sequence not to exceed 12 months. The inspection is completed by an Indiana certified Inspector.

            At the time the inspection occurs, the inspector will evaluate the premises for violations of the applicable rules of FPBSC, this Ordinance and any other life safety concerns. At the completion of the inspection, the inspector will review the results with the occupant and leave a copy of the Inspection Report with the occupant.

            At the end of the correction period, a re-inspection will occur to determine if the violations have been corrected. If the previously cited violations are found to be corrected, no other action shall be needed. If violations are found to still exist after this first re-inspection, then a copy of the inspection form will be left with the occupant and the results reviewed with the occupant, the occupant shall then forward to the owner.

            A second re-inspection will occur in 14 days and a fee as per Article XVIII of this ordinance, shall be assessed. If the previous cited violations are corrected at this re-inspection, then no further action shall be required. If previously cited violations are found, a fee shall be assessed and a third re-inspection will occur in 7 days.

            If those violations are not corrected, a fee shall be assessed for each re-inspection and those re-inspections will occur every 7 days until the violations are corrected.

            If at anytime an Inspector completes an inspection and finds an immediate fire or life safety hazard, the violation shall be corrected immediately. In the event the violation can not be corrected immediately, a Fire Safety Law ORDER will be issued and the violation must be corrected by the date on the ORDER. Failure to correct the violation by the date on the ORDER will result in a fee and may cause further legal action to be taken against the violator.  

            Please note that the fees/fines of this ordinance are in addition to those fines/fees that may be levied by the State of Indiana, County of Johnson, City of Greenwood and Town of Bargersville.
 

SECTION 4.  Limits

The inspection or permitting of any building, system or plan by the Fire Department, under the requirements of this Article and the applicable rules of the FPBSC, shall not be construed as a warranty of the physical condition of such building, system or plan or the adequacy thereof, nor as an approval thereof.  Neither the Districts, Fire Department nor any of its agents, shall be liable in tort for damages for any defect or hazardous or illegal condition or inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur subsequent to such inspection or permitting.
 

SECTION 5.  Construal of Permit; Validity; Effect

            The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this Ordinance, the applicable rules of the FPBSC or any other codes, standards or rules that may apply to the permit or review process.  No permit presuming to give authority to violate or cancel the provisions of this section shall be valid, except so far as the work or use which it authorizes is lawful.

The issuance of a permit upon plans and specifications shall not prevent the serving Fire Department from thereafter requiring the correction of errors in such plans and specifications nor from prohibiting the starting or continuance of work there under when in violation of this section or of any other provisions of this Ordinance or the applicable rules of the FPBSC or any other codes, standards or rules that may apply that pertain to the project.
 

SECTION 6.  Service of Orders or Notices

            The service of orders or inspection notices for the correction of violations of the applicable rules of the FPBSC, or of this Ordinance shall be made upon the owner, occupant or other person responsible for the conditions, either by personally delivering a copy of same to such person or by delivering the same to and leaving it with any person in charge of the premises or by sending a copy of the order or notice by certified or registered mail to the owner’s last known address.

            When buildings or other premises are occupied by one other than the owner under a lease or other agreement, the orders or notices issued to correct violations of the Ordinance shall apply to the owner and occupant thereof; provided that where the order or notices require the making of additions to or changes in the premises themselves which may become part of the real property of the owner, then in such cases, the orders or notices shall also be issued to the owner of the premises or real property.  The tenant shall be responsible to contacting the building owner to repair any issue that the tenant believes is the responsibility of the owner. Failure to deliver an order or notice to the owner, if other than the occupant shall not invalidate such order or notice.
 

SECTION 7. Building Permit

            No permit shall be issued for construction, addition, alteration or demolition of any structure located within the jurisdiction limits of the White River Township Fire Protection District or the Bargersville Fire Protection District without the prior plan review and approval of the serving Fire Department’s Fire Marshal’s Office.

No permit for combustible construction shall be issued prior to the required water source and the required fire department access roads being in-service and tested by the serving Fire Marshal or his designee.
 

SECTION 8.  Occupancy Permit

            Prior to the occupancy of any non-construction related materials into the space of a newly constructed structure, an inspection and approval must be given by the serving Fire Marshal and local building inspector having jurisdiction. After the Final Inspection occurs, a Certificate of Occupancy shall be signed by both the serving Fire Marshal and the local building official.

This will then allow the occupant to start moving into that building.  Occupancy prior to the Final inspection of the serving Fire Marshal and the issuance of Certificate of Occupancy shall result in a fee/fine as set forth in Article XVIII.
 

SECTION 9.  Stop Work ORDER

            Whenever the serving Fire Marshal finds any violation of this ordinance, rules of the FPBSC, or the work being performed is in a manner contrary to the provisions of these codes or in a dangerous or unsafe manner, the serving Fire Marshal is authorized to issue a Stop Work ORDER.

The Stop Work ORDER shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The Stop Work ORDER shall state the reason for the ORDER, and the conditions under which the cited work will be permitted to resume. That ORDER shall require persons to leave the area that is affected by a violation and prohibit persons from entering the area until the violation is corrected.

Each person who continues any work after having been served with a Stop Work ORDER, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a violation of ORDER fine and other penalties as prescribed by law. An order issued under sections of this chapter may be appealed to the commission under IC 4-21.5-3-7. A decision to deny a request to modify or reverse an order issued under section 10 of this chapter is not appealable.
 

SECTION 10. Current Occupant Information

A.         Each building occupant is required to supply the serving Fire Department with important emergency information. It is the responsibility of the Building owner to notify the serving Fire Marshal of a change of Tenant within 10 days of the change. The required information shall be submitted on the Occupant Emergency Contact Information Sheet as provided by the Fire Department.

B.         This emergency contact information is required anytime there is change of tenant or the occupancy becomes vacant. Failure to notify the Fire District within 10 days of the change shall result in a fee/fine as set forth in Article XVII.      

C.         It shall be the responsibility of the occupant to immediately notify the serving Fire Marshal anytime a change in any of the emergency contacts occurs. 
 

SECTION 11.  Fees

            Fees for inspections, re-inspections, plans review, and permits required in this Ordinance are set forth in Article XVIII of this Ordinance. Please note that the fees/fines of this ordinance are in addition to those fines/fees that may be levied by the State of Indiana, County of Johnson, City of Greenwood and Town of Bargersville.