Sec. 29-306. (Formerly Sec. 29-53). Abatement of fire hazards: Penalties. Notification. Order to vacate.
Sec. 29-306. (Formerly Sec. 29-53). Abatement of fire hazards: Penalties. Notification. Order to vacate. (a) When the local 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
local 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 municipality involved. Any person, firm or corporation which violates any
provision of this subsection shall be fined not more than one hundred dollars or be
imprisoned not more than three months, or both, and, in addition, may be fined fifty
dollars a day for each day's continuance of each violation, to be recovered in a proper
action in the name of the state.
(b) Upon failure of an owner 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 local fire marshal, such local fire marshal shall promptly notify in writing the
prosecuting attorney having jurisdiction in the municipality 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 local fire marshal may request the chief executive officer
or any official of the municipality authorized to institute actions on behalf of the municipality 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 or occupant; or the State Fire Marshal, on his 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 State 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.
(c) If the local fire marshal or a local police officer 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 State Fire Safety Code or State Fire Prevention Code, (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 a local fire marshal, such fire marshal or police officer may issue a verbal
or written order to immediately vacate the building. Such fire marshal or police officer
shall notify the State Fire Marshal if such marshal or officer anticipates that any of the
conditions specified in subdivisions (1) to (5), inclusive, of this subsection cannot be
abated in four hours or less. A violation of such order shall be subject to the penalties
under section 29-295.
(1949 Rev., S. 3676; 1957, P.A. 516, S. 3; 1959, P.A. 233, S. 1; 1967, P.A. 388; P.A. 83-47; P.A. 85-276; P.A. 03-231,
S. 1; P.A. 04-27, S. 5; P.A. 08-65, S. 3.)
History: 1959 act broadened conditions for ordering removal of materials or remedying of conditions and authorized
application for injunction; 1967 act provided that owner or occupant of building is subject to penalties under Sec. 29-43
and penalty of $10 per day for each day he neglects to remedy hazardous conditions after he is ordered to do so; Sec. 29-53 transferred to Sec. 29-306 in 1983; P.A. 83-47 permitted the local fire marshal to request the chief executive officer of
the municipality in which a fire hazard exists to apply for an injunction against an owner or occupant of a building and
allowed the state fire marshal on his own initiative to seek such injunction; P.A. 85-276 increased the penalty from $10
to $50 a day for each day of neglect for each violation; P.A. 03-231 authorized local fire marshal or local police officer to
issue a verbal or written order to immediately vacate a building if such fire marshal or police officer determines that there
exists in the building a risk of death or injury from overcrowding, blockage of required exiting or from indoor use of
pyrotechnics and authorized imposition of Sec. 29-295 penalties for a violation of such verbal or written order, effective
July 9, 2003; P.A. 04-27 made technical changes, effective April 28, 2004; P.A. 08-65 divided existing provisions into
Subsecs. (a) to (c), amended Subsec. (a) to add Subdiv. designators (1) to (3), to make technical changes and to add penalty
provision, amended Subsec. (b) to make technical changes and to delete manufacturing building exemption, amended
Subsec. (c) to add Subdivs. (1) to (5) listing hazardous conditions, and to require notification of State Fire Marshal if
conditions cannot be abated in 4 hours or less.
Annotation to former section 29-53:
Cited. 24 CS 189.