Thread: Release of Structure P & P
08-27-2008, 08:09 AM #1
- Join Date
- Jul 2003
- Miami, FL, USA
Release of Structure P & P
I am working on my department's Policies and Procedures Committee and we are looking into developing a P & P for the Release of a Structure after a fire. We have identified several key issues such as structural integrity and safety and the other normal aspects. I was wondering if any of your departments have a P & P similar to this. And if so, would you be willing to share it. Thanking you in advance.
08-29-2008, 05:20 PM #2
Hope that helps...Fire Marshal/Safety Officer
"No his mind is not for rent, to any god or government"
Success is when skill meets opportunity
Failure is when fantasy meets reality
09-11-2008, 12:40 AM #3
This is how we deal with the issue
This is our county ordinance in Glynn county Georgia.
It was cleared by the county attorney prior to adoption by the Board of Commissioners.
This ordinance shall be known and may be cited as the Glynn County Code for Elimination or Repair of Unsafe Buildings."
2-7-16 Statements of Necessity.
It is found, declared and determined that public health and safety necessitates that Glynn County adopt an ordinance covering the repair or removal of certain buildings or structures which are unsafe and which constitute a fire hazard, or are otherwise dangerous to human life, because of inadequate maintenance, dilapidation, obsolescence or abandonment.
As used in this Ordinance, unless the context clearly requires another meaning, the term:
(1) "Abandoned building or structure" shall mean a building or structure that the owner has discontinued the use of and which has been vacant for a period of one year or more and the characteristic equipment and furnishings have been removed and have not been replaced by similar equipment.
(2) "Board" means the Board of Commissioners of Glynn County.
(3) "Building" shall mean any structure having a roof supported by columns or walls intended for shelter, housing or the enclosures of persons, animals, chattels, or property of any kind. The term building shall not include any building under the jurisdiction of the Fire Commissioner of the State of Georgia as defined in Section 25-2-13 of the Official Code of Georgia, Annotated.
(4) "County" means Glynn County, a political subdivision of the State of Georgia.
(5) "Dilapidated building or structure" shall mean a building or structure which is falling to pieces; broken down; shabby and neglected.
(6) "Fire Chief" shall mean the Fire Chief of Glynn County or his designee.
(7) "Obsolete building or structure" shall mean a building or structure which is no longer usable because of its physical condition.
(8) "Structure" shall mean anything constructed or erected of materials at a fixed location on the ground.
(9) "Unsafe building or structure" shall mean a building or structure which is unsafe or which constitutes a fire hazard or is otherwise dangerous to human life, or the existing use thereof constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment.
All unsafe buildings are hereby declared to be illegal and shall be abated by repair and rehabilitation or by demolition in accordance with the provisions of this Ordinance. It shall be a violation of this Ordinance for any person to maintain an unsafe building as defined in this Ordinance.
2-7-19 Duties of Fire Chief.
(a) The Fire Chief, Building Official or their delegated representative shall have authority at all times of the day and night to enter in or upon and to examine any buildings or structure where a fire is in progress or has occurred, as well as other building or premises adjacent to or near the premises where a fire is occurring or has occurred.
(b) In the event the owner or person in possession of the building or premises as to which a complaint has been made, refuses the Fire Chief or his designated representative, permission to enter such building or premises, the Fire Chief or his delegated representative, may, if he believes there is probable cause, request an administrative search warrant from the Magistrate Court of Glynn County, permitting entry in or upon any building or premises for the purpose of investigating the complaint.
(c) When the Fire Chief, Building Official or their delegated representatives find any building or structure which for want of repair or by reason of age or dilapidated condition or any other cause is especially liable to fire hazard or which is situated as to endanger other property or the safety of the public, written notice shall be given to the owner or agent and occupant of the building,
to correct such unsafe conditions as may be found. The notice shall specify the period of time in which the corrective action must be taken, but such period shall not be less than fourteen (14) days nor more than forty-five (45) days. In addition, the Fire Chief or designated representative shall post a sign on the premises advising all persons of the unsafe condition of the building or premises pursuant to provisions of this Ordinance.
2-7-20 Court Action.
If any owner, agent or occupant fails to comply with the notice prescribed in Section 2-7-19(c) within the time specified in the notice, the fire Chief with the concurrence of the County Attorney, may petition the Superior Courts of the State of Georgia for a rule nisi to show cause why an order should not be issued by a court, having jurisdiction thereof, that building be removed or the premises be made safe.
2-7-21 Remedy of Unsafe Condition.
If any person fails to comply with the order of the court within the time fixed, the Fire Chief, with the approval of the Board, shall cause the building or premises to be forthwith repaired, torn down or demolished. If the owner thereof, within thirty (30) days after the notice in writing of the amount of such expenses, fails, neglects or refuses to pay the County the expenses thereby incurred, the Board shall issue an execution against the owner and the property for the expenses actually incurred.
Any person, firm or corporation which violates Section 2-7-18 of this Ordinance, upon conviction thereof in a Court of competent jurisdiction, shall be punished as provided for in Section 2-1-10 of the Code of Ordinances, Glynn County, Georgia.
The provisions of this Ordinance are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the remaining provisions. Insofar as the provisions of this Ordinance are inconsistent with the provisions of any other ordinance, the provisions of this Ordinance shall be controlling.
2-7-24 Effective Date.
This ordinance shall become effective upon passage.
2-7-25 General Repealer.
All laws or parts of ordinances in conflict with this Ordinance are repealed.
2-7-26 - 2-7-29 Reserved
Last edited by cubbie; 09-11-2008 at 12:50 AM.
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