Effective: September 17, 1986
Latest Legislation: House Bill 552 - 116th General Assembly
(A) The courts of common pleas shall have jurisdiction, upon a complaint filed by the fire marshal, an assistant fire marshal, or a certified fire safety inspector, to restrain, immediately or before the imminence of such danger can be eliminated through the enforcement procedures otherwise provided by Chapter 3737. of the Revised Code, any condition or practices in any building or upon any premises which violate the state fire code and are such that a fire or explosion hazard exists which could reasonably be expected to cause death or serious physical harm. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct, or remove such imminent danger.
(B) Upon the filing of any such complaint the court has jurisdiction to grant such injunctive relief or temporary restraining order pending the outcome of an enforcement proceeding pursuant to Chapter 3737. of the Revised Code.
(C) Whenever the fire marhsal, an assistant fire marshal, or a certified fire safety inspector concludes that conditions or practices described in division (A) of this section exist in any building or on any premises he shall inform the owner, operator, lessees, occupants, and other affected persons of the danger and that he is seeking relief. If necessary to preserve life, the fire marshal, an assistant fire marshal, or a certified fire safety inspector, if authorized by the fire marshal or his deputy, may orally order the building or premises vacated immediately. Such an order shall remain in effect for not more than twenty-four hours. In addition, the officer making the order shall post written notice in conspicuous places on the building or premises.
(D) If the fire marshal, an assistant fire marshal, or a certified fire safety inspector arbitrarily or capriciously fails to seek relief under this section, any person who may be injured by reason of such failure may bring an action against the fire marshal, an assistant fire marshal, or a certified fire safety inspector in the court of common pleas of the county in which the imminent danger is alleged to exist for a writ of mandamus to compel the fire marshal, an assistant fire marshal, or certified fire safety inspector to seek such relief.
Structure Ohio Revised Code
Title 37 | Health-Safety-Morals
Chapter 3737 | Fire Marshal; Fire Safety
Section 3737.01 | Fire Marshal - Fire Safety Definitions.
Section 3737.02 | Fees - Federal Funding.
Section 3737.03 | Duties of State Fire Council.
Section 3737.14 | Right of Entry.
Section 3737.17 | Small Government Fire Department Services Revolving Loan Program.
Section 3737.21 | Appointment, Qualifications of Fire Marshal - Vacancy.
Section 3737.22 | Fire Marshal - Powers and Duties.
Section 3737.221 | Negligent Operation of Motor Vehicles by Fire Marshal Employees.
Section 3737.23 | Record of All Fires.
Section 3737.24 | Investigation of Fire.
Section 3737.25 | Taking of Testimony on Oath.
Section 3737.26 | Arrest of Suspect.
Section 3737.27 | Power to Summon and Compel Attendance of Witnesses.
Section 3737.28 | Power to Administer Oaths - Refusal to Cooperate.
Section 3737.29 | Investigation May Be Private.
Section 3737.31 | Fire Marshal to Report to Superintendent of Insurance.
Section 3737.32 | Fire Marshal to Investigate Bombing.
Section 3737.33 | Ohio Fire Academy.
Section 3737.331 | Arson Seminar Programs.
Section 3737.34 | Fire Safety Inspector Certificate.
Section 3737.41 | Citation to Remedy Dangerous Condition.
Section 3737.42 | Issuing Citation or Notice of Violation.
Section 3737.43 | Notice of Penalty and Right to Appeal.
Section 3737.44 | Injunction - Temporary Restraining Order.
Section 3737.45 | Failure to Comply With Order.
Section 3737.46 | Actions Against Violators.
Section 3737.51 | Civil Penalty for Violations.
Section 3737.52 | Pfas Chemicals in Firefighting Foam.
Section 3737.61 | Posting Arson Laws.
Section 3737.62 | Negligent Spread of Fires.
Section 3737.63 | Discovery of Unfriendly Fire.
Section 3737.64 | Disclosing Purpose of Non-Official Inspection.
Section 3737.65 | Fire Protection Equipment - Prohibited Activities.
Section 3737.66 | Qualifications for Firefighter or Fire Official.
Section 3737.71 | Additional Tax on Fire Insurance Premiums.
Section 3737.72 | Fire Stations Required to Have Gas Masks.
Section 3737.81 | State Fire Council.
Section 3737.82 | Adopting State Fire Code Rules.
Section 3737.83 | Provisions to Be Included in State Fire Code.
Section 3737.831 | Issuance of Permit for Temporary Structures.
Section 3737.832 | Fire and Safety Standards Relating to Shale Oil Processing Premises.
Section 3737.84 | Provisions Not to Be Included in State Fire Code.
Section 3737.841 | Fire Safety and Standards Definitions.
Section 3737.842 | Rules for Flammability Standards.
Section 3737.85 | Rules for Giving Notice or Serving Notice.
Section 3737.86 | Rule Adoption Procedure.
Section 3737.87 | Underground Storage Tank Definitions.
Section 3737.88 | Underground Storage Tank Program and Corrective Action Program for Releases.
Section 3737.881 | Certifying Underground Storage Tank Systems Installers.
Section 3737.882 | Confirming or Disproving Suspected Petroleum Release.
Section 3737.883 | Underground Storage Tank Revolving Loan Program.
Section 3737.884 | Effect of Child Support Default on Certificate.
Section 3737.89 | Liability for Costs of Corrective or Enforcement Action.
Section 3737.90 | Petroleum Underground Storage Tank Release Compensation Board.
Section 3737.91 | Petroleum Underground Storage Tank Financial Assurance Fund.
Section 3737.92 | Purpose of Fund.
Section 3737.93 | Transferor of Title to Petroleum to Give Notice of Registration Requirements.
Section 3737.941 | Application of Other Bond Laws.
Section 3737.942 | Securing Revenue Bonds.
Section 3737.943 | Protection and Enforcement of Rights of Bondholder and Trustees.
Section 3737.944 | Bonds Not a Debt of State.
Section 3737.945 | Investments.
Section 3737.946 | Refunding Bonds.
Section 3737.947 | Bonds Are Lawful Investments.
Section 3737.948 | Purpose of Powers of Release Compensation Board.
Section 3737.95 | Purpose of Linked Deposit Program.
Section 3737.96 | Loan Applications.
Section 3737.97 | Accepting or Rejecting Loan Package.