VIOLATIONS

112.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to erect, construct, alter, repair, remove, demolish or utilize a building, occupancy, premises or system regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. No work shall be commenced on any fire protection system at a new construction site or an existing structure, other than maintenance work, without a permit being issued or by approval to begin work by the fire code official or County Engineer. Both the individual contractor, along with the site general contractor will be held liable for such actions. Where work is commenced prior to obtaining said permit, the fees may be increased as determined by the fee schedule adopted by Commissioners Court. Payment of the increased fee shall not relieve any person from fully complying with the requirements to obtain a permit nor of any other penalties herein.

112.2 Owner/occupant responsibility.Correction and abatement of violations of this code shall be the responsibility of the owner or the owner’s authorized agent. Where an occupant creates, or allows to be created, hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.

112.3 Notice of violation, Fire Marshal Order or citation. Where the fire code official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation, Fire Marshal’s Order or citation describing the conditions deemed unsafe and, where compliance is not immediate, specifying a time for reinspection.

112.3.1 Service. A notice of violation issued pursuant to this code shall be served on the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation, either by personal service, mail or by delivering the same to, and leaving it with, some person of responsibility on the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the notice of violation shall be mailed by certified mail with return receipt requested or a certificate of mailing, to the last known address of the owner, the owner’s authorized agent, or occupant.

112.3.2 Compliance with orders and notices. A notice of violation issued or served as provided by this code shall be complied with by the owner, the owner’s authorized agent, operator, occupant or other person responsible for the condition or violation to which the notice of violation pertains. In cases of extreme danger to persons or property, immediate compliance is required. If the building or other premises is not owner occupied, under lease, or otherwise, and the order or notice requires additions or changes in the building or premises which would immediately become real estate and be the property of the owner of the building or premises, such orders or notices shall be complied with by the owner unless the owner and the occupant have agreed otherwise at which event the occupant shall comply.

112.3.3 Prosecution of violations. If the notice of violation is not complied with promptly, the fire code official is authorized to request the legal counsel of Harris County to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto.

112.3.4 Unauthorized tampering.Signs, tags or seals posted or affixed by the fire code official, or County Engineer shall not be mutilated, destroyed or tampered with, or removed, without authorization from the fire code official.
112.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 dollars. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

112.4.1 Abatement of violation. In addition to the imposition of the penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.

112.4.2 Offense Penalties. Penalties for citations issued by the Fire Code Official shown in Table 112.4.2. Court costs are in addition to the fines.

TABLE 112.4.2

PENALTIES FOR CITATIONS