Title
Ordinance to Amend and Reenact the City Code of the City of Hampton, Virginia by Amending Chapter 14, Fire Prevention and Protection, Article I Entitled, “In General,” Sec. 14-2 and Sec. 14-3, and Repealing Sec. 14-27 of Article II Entitled “Fire Prevention Code”
Purpose
PURPOSE/BACKGROUND:
These amendments reflect changes that have been made to the state code since this ordinance was last amended. They provide clarification that the fire marshal and their assistants have the authority to close a building for violations of the fire code, that the fire marshal and their assistants can investigate matters arising out of fire code violations, and removes the requirement that the clerk of council house a copy of the fire code for citizens to view.
Recommendation:
Rec
Adopt the Ordinance
Body
Chapter 14 - FIRE PREVENTION AND PROTECTION
ARTICLE 1. - IN GENERAL
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Sec. 14-2. - General authority of fire marshal and assistants to order compliance, arrest, procure and serve warrants and issue summons.
(a) The fire marshal, and such of their assistants as they designate, shall have the authority to order immediate compliance with the law, or to prohibit the use of any building or equipment, as provided in Code of Virginia, § 27-34.3, to arrest, to procure and serve warrants of arrest and to issue summons, in the manner authorized by general law, for violation of local fire prevention and fire safety and related ordinances.
. . .
State Law reference- Similar provisions, Code of Virginia, §§ 27-34.2 to 27-34.3.
Sec. 14-3. - Police powers of fire marshal and assistants as to investigations and prosecutions involving certain offenses.
(a) The fire marshal, and such of their assistants as are designated by the city manager, shall have the same police powers as a sheriff or police officer. The investigation and prosecution of all alleged offenses pursuant to Title 27 of the Code of Virginia, as amended, shall be the responsibility of the fire marshal or their designee. The fire marshal or their designee may investigate and prosecute all other criminal or civil offenses under local, state or federal law arising out of or during the investigation of offenses pursuant to Title 27 of the Code of Virginia, and out of or during such other investigations, and prosecutions as may be approved by the city manager.
. . .
State Law reference- Similar provisions, Code of Virginia, § 27-34.2:1.
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ARTICLE II. - FIRE PREVENTION CODE
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Sec. 14-27. - Reserved.
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