UNSAFE STRUCTURES OR EQUIPMENT

114.1 General. If during the inspection of a premises, a structure, a building or any building system, in whole or in part, constitutes a clear and inimical threat to human life, safety or health, the fire code official shall issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the County Engineer for any needed permits for repairs, alterations, remodeling, removing or demolition required. If the fire code official determines that the identified hazardous conditions constitute an immediate threat to life or public harm, the fire code official is authorized to refer property owners or responsible parties to the Harris County Attorney’s Office immediately for any and all available remedies.

114.1.1 Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the fire code official deems necessary and as provided for in this section. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe.

114.1.2 Structural hazards. Where an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devices governed by this code, the fire code official shall immediately notify the County Engineer in accordance with Section 114.1.

114.2 Evacuation. The fire code official or the fire department official in charge of an incident shall be authorized to order the immediate evacuation of any occupied structure, building or premises deemed unsafe where such structure, building or premises has hazardous conditions that pose an imminent danger to occupants. Persons so notified shall immediately leave the structure, building or premises and shall not enter or re-enter until authorized to do so by the fire code official or the fire department official in charge of the incident. Failure to comply with the orders of the fire code official or the in-charge officer of a fire scene shall constitute a violation of this code.

114.3 Record. The fire code official shall cause a report to be filed on an unsafe condition. The report shall state the occupancy of the structure and the nature of the unsafe condition.

114.4 Notice. If an unsafe condition is found, the fire code official shall serve on the owner of the structure, building or premises or the owner’s authorized agent a written notice that describes the condition deemed unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition, or requires the unsafe structure to be demolished within a stipulated time. Such notice shall require the person thus notified to declare immediately to the fire code official acceptance or rejection of the terms of the order.

114.5 Method of service. Such notice shall be deemed properly served where a copy thereof is served in accordance with one of the following methods:

1. A copy is delivered to the owner personally and a copy affixed to the structure, building or premises.
2. A copy is sent by certified or registered mail addressed to the owner at the last known address with return receipt requested and a copy affixed to the structure, building, or premises.

114.6 Restoration or abatement. The structure or equipment determined to be unsafe by the fire code official is permitted to be restored to a safe condition. The owner, the owner’s authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action. To the extent that repairs, alterations or additions are made, or a change of occupancy occurs during the restoration of the structure, such repairs, alterations, additions or change of occupancy shall comply with the requirements of Section 105.1.5.

114.7 Summary abatement. Where conditions exist that are deemed hazardous to life and property, the fire code official or fire department official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code.