SECTION 1401
§ 1. RANGE OF SANCTIONS — The following sanctions may be imposed by the State Fire Marshals on any individual or business in violation of the provisions of this code or any other applicable law:
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Civil Fine
A civil penalty or a civil fine is a financial sanction imposed by the Department of Finance as restitution for wrongdoing as a result of a violation of this code. Upon receiving a civil penalty the business has seven (7) days to pay the penalty. -
Cease and Desist Order
A cease and desist order introduces an injunction on a person or business that prohibits such person or business from conducting (a) business (activity).
SECTION 1402
§§ 2. SANCTION ADMINISTRATION — a) All sanctions as described in section one (01) of this chapter shall be administered in writing and disclosed to the public in the Official Bulletin of the office of the State Fire Marshals.
(b) At the discretion of the State Fire Marshals, disciplinary action may be preceded by a compliance notice to a person whom the office on reasonable grounds believes is engaging in an economic activity in violation of this code.
c) The administration of a compliance notice ( official warning ) or a notice of sanction shall be recorded in writing and mention (a) the person or business and the premises the notice applies to; (b) the provision of this code or any other applicable law that was violated; (c) the details of the nature and extent of non-compliance; (d) the steps required to be taken and the period within which those steps must be taken in order to fully correspond with any applicable law; (e) any penalty that may be imposed as a result of disobeying the compliance notice.
(b) At the discretion of the State Fire Marshals, disciplinary action may be preceded by a compliance notice to a person whom the office on reasonable grounds believes is engaging in an economic activity in violation of this code.
c) The administration of a compliance notice ( official warning ) or a notice of sanction shall be recorded in writing and mention (a) the person or business and the premises the notice applies to; (b) the provision of this code or any other applicable law that was violated; (c) the details of the nature and extent of non-compliance; (d) the steps required to be taken and the period within which those steps must be taken in order to fully correspond with any applicable law; (e) any penalty that may be imposed as a result of disobeying the compliance notice.
SECTION 1403
§ 3. SANCTION APPEAL — (a) Any person issued with a sanction as listed in section one (1) of this chapter may appeal against such sanction to the Chief Fire Marshal, in the prescribed manner and form within seven (7) days after receiving such sanction.
(b) The Chief Fire Marshal may, after taking into consideration any representation by the appellant against the sanction, confirm, modify or cancel all parts of such sanction in accordance with the law.
(c) If the Chief Fire Marshal confirms or modifies all or part of a sanction, the appellant must comply with such sanction as confirmed or modified, within the time period specified. Failure to comply with the definitive decision of the Chief Fire Marshal is an offense as that may lead to extended sanctions as described in chapter one.
(b) The Chief Fire Marshal may, after taking into consideration any representation by the appellant against the sanction, confirm, modify or cancel all parts of such sanction in accordance with the law.
(c) If the Chief Fire Marshal confirms or modifies all or part of a sanction, the appellant must comply with such sanction as confirmed or modified, within the time period specified. Failure to comply with the definitive decision of the Chief Fire Marshal is an offense as that may lead to extended sanctions as described in chapter one.
(d) Submitting an appeal to the Chief Fire Marshal shall suspend any sanction imposed on the appellant for the entire duration of the appeal process.
SECTION 1404
SECTION 1404 - 1
§ 1. FAILURE TO REGISTER — Any business or individual that proceeds to conduct an economic activity upon receipt of a notice of compliance with this code shall be liable for a civil fine of five thousand dollars ($ 5.000,00) in addition to a cease and desist order until such business has successfully acquired a business certificate.
§ 1. FAILURE TO REGISTER — Any business or individual that proceeds to conduct an economic activity upon receipt of a notice of compliance with this code shall be liable for a civil fine of five thousand dollars ($ 5.000,00) in addition to a cease and desist order until such business has successfully acquired a business certificate.
SECTION 1404 - 2
§ 2. UNLICENSED BUSINESS ACTIVITY — (a) Any business or individual that conducts a regulated economic activity in the absence of a legally required and valid fire certificate to conduct such activity shall be liable for a civil fine of ten thousand dollars ($ 10.000,00) and/or a cease and desist order until such business has successfully acquired the necessary certification.
(b) Any business or representative thereof repeatedly committing the offense as outlined in paragraph (a) of this section within a time period of less than or equal to one (1) month shall be liable for a (permanent) cease and desist order.
§ 2. UNLICENSED BUSINESS ACTIVITY — (a) Any business or individual that conducts a regulated economic activity in the absence of a legally required and valid fire certificate to conduct such activity shall be liable for a civil fine of ten thousand dollars ($ 10.000,00) and/or a cease and desist order until such business has successfully acquired the necessary certification.
(b) Any business or representative thereof repeatedly committing the offense as outlined in paragraph (a) of this section within a time period of less than or equal to one (1) month shall be liable for a (permanent) cease and desist order.
SECTION 1404 - 3
§ 3. VIOLATION OF FIRE CERTIFICATE — (a) Any business or representative thereof that, during the course of conducting a regulated business activity, violates the terms and conditions of a granted fire certificate under which the activity is conducted shall be liable for a civil fine of no less than three thousand dollars ($ 3.000,00) and no more than thirty thousand dollars ($ 30.000,00), a suspension of its fire certificate and/or a revocation of its fire certificate.
(b) Any business or representative thereof repeatedly committing the offense as outlined in paragraph (a) of this section within a time period of less than or equal to one (1) month shall be liable for a revocation of its fire certificate and/or a (permanent) cease and desist order.
§ 3. VIOLATION OF FIRE CERTIFICATE — (a) Any business or representative thereof that, during the course of conducting a regulated business activity, violates the terms and conditions of a granted fire certificate under which the activity is conducted shall be liable for a civil fine of no less than three thousand dollars ($ 3.000,00) and no more than thirty thousand dollars ($ 30.000,00), a suspension of its fire certificate and/or a revocation of its fire certificate.
(b) Any business or representative thereof repeatedly committing the offense as outlined in paragraph (a) of this section within a time period of less than or equal to one (1) month shall be liable for a revocation of its fire certificate and/or a (permanent) cease and desist order.
SECTION 1404 - 4
§ 4. FAILING BUSINESS FIRE INSPECTION — Any business that, during the course of the inspection, fails to meet the requirements of the fire inspection, shall be issued a cease and desist order until the provided defects are amended.
§ 4. FAILING BUSINESS FIRE INSPECTION — Any business that, during the course of the inspection, fails to meet the requirements of the fire inspection, shall be issued a cease and desist order until the provided defects are amended.
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