§ 13-12-148

Hazardous vacant buildings – Warning placard for first responders authorized when – Unlawful acts

a.

As used in this section:

“Building” has the meaning ascribed to the term in Section 13-4-010.

Commissioner” means the fire commissioner or the fire commissioner’s designee.

“Hazardous vacant building” means any building or other structure that is vacant within the meaning of subsection (e) of Section 13-12-125 and has been ordered closed, removed, shutdown or otherwise vacated under Sections 13-8-100, 13-12-120, 13-12-130, 13-12-145 or by court order.

b.

Warning placard authorized.  The fire commissioner is hereby authorized (1) to mark any hazardous vacant building, or to cause such building to be marked, with a first responder warning placard alerting first responders to the existence of structural or interior hazards at the building of the type that warrant extreme caution when conducting interior firefighting or rescue operations at such building or exterior operations only with entry occurring only for known life hazards; and (2) to remove such first responder warning placard, or to cause such warning placard to be removed, when the authority responsible for ordering the building closed, removed, shutdown or otherwise vacated lifts the applicable order or otherwise determines that the building is no longer a hazardous vacant building.

c.

Entry prohibited – Exception.  It shall be unlawful for any person, including, but not limited to, any owner, government inspector or repair person, to enter any building marked by a first responder warning placard unless such person notifies the fire commissioner in advance of his or her intent to enter the building.

d.

Removal of placard prohibited – Exception.  It shall be unlawful for any person, other than Authorized City officials or their respective designees, to cover, obliterate, deface, damage or remove any first responder warning placard unless written permission to engage in such activity has first been obtained from the fire commissioner.

e.

Notice of demolition – Required.  If any building marked with a first responder warning placard is to be wrecked, demolished or razed, the owner of such building or such owner’s agent shall notify the fire commissioner of such fact in accordance with the requirements set forth in Section 13-124-070(b).

f.

Reimbursement of costs – Authorized.  The City may seek reimbursement from the property owner of all costs incurred by the City in connection with marking a building with a first responder warning placard or removing such warning placard.  Such costs shall be a debt due and owing the City and shall be collectible in accordance with applicable law.

g.

Penalty for violation.  Any person who violates any requirement of this section shall be fined not less than $500.00 nor more than $1,000.00 for each offense.  Each day that a violation continues shall constitute a separate and distinct offense.

h.

Rules and regulations.  The fire commissioner is authorized to promulgate rules and regulations necessary or appropriate to implement the requirements of this section, including, but not limited to, rules and regulations pertaining to the location, number, size, color, reflective marking, date of application, design, construction, use, symbols or removal of first responder warning placards.

i.

Construction of section.  The marking of a building with a first responder warning placard is informational only and shall not be construed to limit in anyway the discretion of the on-scene incident commander or similar fire department personnel.  The absence of such warning placard on any building shall not be construed to mean that entry to such building is permitted or that such building is safe or otherwise free of dangerous and hazardous conditions.

(Added Coun. J. 6-27-12, p. 30534, § 2; Amend Coun. J. 11-8-12, p. 38872, § 218)

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