The city council hereby adopts the 2021 edition of the International Fire Code, (International Fire Code), prescribing regulations governing conditions hazardous to life and property from fire and explosion, published by the International Fire Code institute, being particularly the 2021 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified, or amended by this division, and the same are hereby adopted and incorporated as fully as if set out at length herein. From the date on which this division shall take effect, the provisions thereof shall be controlling within the limits of the city. A copy of the 2021 International Fire Code is filed in the office of the city secretary.
(Ordinance 709-21 adopted 8/24/21; Ordinance 846-24 adopted 4/25/2024)
The city council has determined that additional local amendments to the International Fire Code are necessary and appropriate to meet the unique needs of the city. To effectuate these local modifications, the city council hereby amends the International Fire Code as provided in exhibit A, incorporated herein and attached to Ordinance 846-24 for all purposes of this division.
(Ordinance 709-21 adopted 8/24/21; Ordinance 846-24 adopted 4/25/2024)
To the extent allowed by law, officers and employees of the city who have the discretionary duty to enforce a statute or ordinance may arrest a person without a warrant whenever any such officer or employee has reasonable cause to believe that the person to be arrested has committed a misdemeanor in the officer’s or employee’s presence which he or she has the discretionary duty to enforce, and to issue a notice to appear and to release such person on the person’s written promise to appear in court. Officers and employees shall not be allowed by their superior to exercise the arrest and citation authority herein conferred, unless such officer or employee is within a classification of city officers and employees designated by resolution of the city council to exercise such arrest and citation authority as to specified misdemeanor or violations. The fire chief shall establish and cause to be administered a special enforcement training program designed to instruct each officer or employee who will exercise such arrest and citation authority, regarding the provisions of the statutes and ordinances to be enforced, the evidentiary prerequisites to proper prosecution for violations thereof, the appropriate procedures for making arrests or otherwise prudently exercising such arrest and citation authority, and the legal and practical ramifications and limitations attendant thereto. Any such officers or employees shall be appropriately instructed to deposit executed citations or notices within the Aubrey Municipal Court for filing with the court after review for legal sufficiency.
(Ordinance 709-21 adopted 8/24/21)
(a) 
Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this division shall be guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000.00). Each such person, firm, or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this division is committed, or continued, and upon conviction of any such violations such person, firm or corporation shall be punished within the limits above.
(b) 
In addition to the fees mentioned above, if a second building fire safety follow-up (reinspection) is required because the violation has not been corrected from the original or first follow-up inspections, then the fees established in the fee schedule in appendix A to this code shall be charged.
(Ordinance 709-21 adopted 8/24/21)