§ 42A-8. Abatement of fire hazards: order to remove, remedy or vacate penalties for offenses., Chapter 42A. Fire Prevention, Ordinances, Code of Ordinances, Norwalk

When the Fire Marshal ascertains that there exists in any building, or upon any premises, (1) combustible or explosive matter, dangerous accumulation of rubbish or any flammable material especially liable to fire, that is so situated as to endanger life or property; (2) obstructions or conditions that present a fire hazard to the occupants or interfere with their egress in case of fire; or (3) a condition in violation of the statutes relating to fire prevention or safety, or any regulation made pursuant thereto, the remedy of which requires construction or a change in structure, the Fire Marshal shall order such materials to be immediately removed or the conditions remedied by the owner or occupant of such building or premises. Any such removal or remedy shall be in conformance with all building codes, ordinances, rules and regulations of the City of Norwalk. Any person, firm or corporation which violates any provision of this subsection shall be fined not more than $100 or be imprisoned not more than three months, or both, and, in addition, may be fined $50 a day for each day's continuance of each violation, to be recovered in a proper action in the name of the City of Norwalk.

Upon failure of an owner, designee or occupant to abate a hazard or remedy a condition pursuant to Subsection A of this section within a reasonable period of time as specified by the Fire Marshal, such Fire Marshal shall promptly notify in writing the prosecuting attorney having jurisdiction in the City of Norwalk in which such hazard exists of all the facts pertaining thereto, and such official shall promptly take such action as the facts may require, and a copy of such notification shall be forwarded promptly to the State Fire Marshal. The Fire Marshal may request the chief executive officer or any official of the City of Norwalk authorized to institute actions on behalf of the City of Norwalk in which the hazard exists, or the State Fire Marshal, for the purpose of closing or restricting from public service or use such place or premises until such hazard has been remedied, to apply to any court of equitable jurisdiction for an injunction against such owner, designee or occupant; or the State Fire Marshal, on his/her own initiative, may apply to such court for such injunction. When such hazard is found to exist upon premises supervised or licensed by a state department or agency, the Fire Marshal shall promptly notify the administrator of such department or agency of his findings and shall issue orders for the elimination of such hazard.

If the Fire Marshal, his or her designee, the Fire Department, or the Norwalk Police Department determines that there exists in a building a risk of death or injury from (1) blocked, insufficient or impeded egress; (2) failure to maintain or the shutting off of any fire protection or fire warning system required by the Fire Safety Code (Connecticut State Agency Regulations§ 29-292-1e, et seq., as amended from time to time) or State Fire Prevention Code (Connecticut General Statutes § 29-291 et seq., as amended from time to time); (3) the storage of any flammable or explosive material without a permit or in quantities in excess of any allowable limits pursuant to a permit; (4) the use of any firework or pyrotechnic device without a permit; or (5) exceeding the occupancy limit established by the State Fire Marshal or the Fire Marshal, such Fire Marshal, his or her designee, or police officer may issue a verbal or written order to immediately vacate the building. Such Fire Marshal, his or her designee, or police officer shall notify or submit a copy of such order to the State Fire Marshal if such Fire Marshal, his or her designee, or police officer anticipates that any of the conditions specified in items (1) to (5), inclusive, of this subsection cannot be abated in four hours or less from the time of such order. Upon receipt of any such notification or copy, the State Fire Marshal shall review such order to vacate, and after consultation with the Fire Marshal, his or her designee, or police officer, determine whether to uphold, modify or reverse such order, with any further conditions the State Fire Marshal deems appropriate to protect any person from injury.

Any person, firm or corporation who violates Subsection C of this section shall be subject to penalties and/or fines in the manner authorized in Section 29-295 of the General Statutes, as amended from time to time.