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Township of Hempfield, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Hempfield 4-15-1999 by Ord. No. 99-6.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building permits — See Ch. 41.
Registration of multiple dwellings — See Ch. 58.
Occupancy permit — See Ch. 60.
Subdivision of land — See Ch. 76.
Zoning — See Ch. 87.
[1]
Editor's Note: This ordinance also repealed former Ch. 47, Fire Prevention, adopted 6-12-1989 by Ord. No. 89-14, as amended.
This chapter shall be known as the "Hempfield Township Firesafety Code."
This chapter is adopted for the following purposes:
A. 
To establish the Department of Public Safety and the responsibilities of that Department and its representatives in the overall management of public safety within the Township of Hempfield;
B. 
To recognize those fire protection and rescue services authorized to operate within the municipal boundaries of Hempfield Township;
C. 
To establish rules and regulations for emergency management services within Hempfield Township;
D. 
To provide for and adopt a code of regulations generally governing firesafety within Hempfield Township;
E. 
To establish rules and regulations for the determination and enforcement of fire hazards;
F. 
To provide for the disposition of fire insurance proceeds where applicable; and
G. 
To provide a means of enforcement generally.
The functions of Hempfield Township mandated under the Second Class Township Code[1] and other state laws dealing with public safety, fire response, ambulance response, emergency management and fire police shall be conducted generally on behalf of the Board of Supervisors of Hempfield Township by the Department of Public Safety, which shall consist of the following:
A. 
Director. For the purposes of this chapter, the title of Director shall include the Director of Public Safety, the Director of Code and Safety, the Director of Fire and EMS, and/or any other persons designated by Township resolution to perform such duties and functions. The Director shall be responsible for all administrative work directing and enforcing the Fire Prevention Code and various ordinances relating to fire prevention and such other duties as may be assigned from time to time by the Board of Supervisors. The general work responsibility will include compliance with the Fire Code provisions, patrol designated fire lanes and no parking zones and the issuance of citations for violations thereof.
[Amended 12-17-2018 by Ord. No. 2018-09]
B. 
Fire Code Inspector/Code Enforcement Officer: to be responsible for all administrative work directing and enforcing the Fire Prevention Code and various ordinances relating to fire prevention and such other duties as may be assigned from time to time by the Board of Supervisors. The general work responsibility will include compliance with the Fire Code provisions, patrol designated fire lanes and no parking zones and the issuance of citations for violations thereof.
[Amended 8-24-2015 by Ord. No. 2015-06]
C. 
Fire Ground Investigator: to be responsible for the investigation of fires occurring within the township which are of an unnatural or suspicious origin as directed by the Director of Public Safety; and to maintain records and incident reports for all such fire investigations, including, without limitation, fire investigation report, insurance information and incident reports.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
A. 
Recognition and governmental standing. The following volunteer fire departments and ambulance services have been serving the residents of Hempfield Township for many years and constitute a very valuable community resource by which our community and citizens are greatly benefited:
Adamsburg Volunteer Fire Department and Relief Association
Bovard Volunteer Fire Department and Relief Association
Carbon Volunteer Fire Department and Relief Association
Fort Allen Volunteer Fire Department and Relief Association
Grapeville Volunteer Fire Department and Relief Association
Hannastown Volunteer Fire Department and Relief Association Hempfield No. 2 Volunteer Fire Department and Relief Association
Hempfield Township Emergency Management Association
Hempfield Township Fire Police Association
High Park Volunteer Fire Department and Relief Association
Jeannette Emergency Medical Service
Luxor Volunteer Fire Department and Relief Association
Midway St. Clair Volunteer Fire Department and Relief Association
Mutual Aid Ambulance Service
North Hempfield Volunteer Fire Department and Relief Association Rescue 14
West Point Volunteer Fire Department and Relief Association
(1) 
The aforesaid volunteer fire departments and ambulance, emergency and fire police services shall be considered to have local governmental agency immunities pursuant to the applicable laws and statutes, including 42 Pa. C.S.A. § 8541.
(2) 
The foregoing volunteer fire departments and ambulance, emergency and fire police services presently are and shall be the official municipal fire departments and ambulance services serving the Township of Hempfield.
(3) 
The Hempfield Township Board of Supervisors shall, by resolution duly adopted from time to time, establish policies, practices and procedures for fire fighters within the Township of Hempfield, which said resolution, policies, practices and procedures shall be consolidated into a Fire Fighters Safety Manual.
B. 
Mutual aid and response.
(1) 
Authorization to respond to calls within township. The various volunteer fire fighters, fire police, emergency personnel and ambulance corpsmen who are members of the various volunteer fire companies or departments of Hempfield Township are specifically authorized herein to respond to all fire, emergency and disaster calls within Hempfield Township.
(2) 
Definitions. For the purposes of this section, the words set forth herein shall have the following specific definitions. Any word not specifically defined shall have its common and ordinary meaning:
AMBULANCE ASSIST
A general request by an EMS service for assistance, either emergency or nonemergency, as shall be indicated by the requesting agency.
(a) 
A dispatch incident indicating the severity of the patient; Priority One or E-1 indicates a life-threatening condition, and services must be on route to the scene with an ambulance within five minutes.
(b) 
A dispatch incident indicating the severity of the patient; Priority Two or E-2 is less serious and services must be on route to the scene with an ambulance within seven minutes.
(c) 
A dispatch incident indicating the severity of the patient; Priority Three or E-3 is the least serious request; services must be on-route to the scene with an ambulance within 10 minutes.
CARBON MONOXIDE ALARMS
Incidents dispatched indicating the detection of carbon monoxide.
(a) 
Priority One indicates carbon monoxide detector with patients;
(b) 
Priority Two indicates carbon monoxide detector without patients.
CLOSEST AVAILABLE
That station or piece of equipment which is, by road miles using the quickest route, the nearest to an incident, regardless of municipal boundaries.
ENGINE TRUCK
An apparatus which is NFPA-compliant for its model year which carries at least 500 gallons of water in a booster tank, a one-thousand-gallons-per--minute or more integrated pump, 1,000 feet or more of 2 1/2 inches in diameter or larger supply hose, necessary SCBA for an interior attack or rescue team of at least two personnel and appropriate ground ladders.
HOME COMPANY
That fire department, as approved herein, which is charged with or responsible for emergency incidents or other services in a predetermined section of Hempfield Township.
LADDER TRUCK
An NFPA-compliant aerial device, with or without bucket, which enables firefighters to be positioned at or climb to the top.
RESCUE
An apparatus designed for vehicle rescue, including an hydraulic rescue tool and system, as well as appropriate support equipment to affect a prompt and proper rescue; a wet rescue apparatus shall include, as a minimum, in addition to the foregoing, a functional integrated two-hundred-fifty-gallons-per-minute pump and a booster tank with 250 gallons of water.
(3) 
Response and call-out.
(a) 
In conjunction with the Department of Public Safety, the Hempfield Township Board of Supervisors has now determined the manner, method and order of fire companies to be called out in response to fire, emergency, rescue, disaster and other calls for emergency vehicle or department response within the Township of Hempfield as follows:
[1] 
Residential: three departments, the home company included if the home company is one of the three closest to the incident. Otherwise, the three closest companies and the home company shall respond. If a fire is actually determined, one department shall stand by in station or report to home company. Air 500, Vent 500, Salvage 500 and Mobile 500 shall also respond.
[2] 
Commercial: three departments (including three engine companies and one ladder truck), the home company included if the home company is one of the three closest to the incident. Otherwise, the closest three departments and the home company shall respond. In the event an actual fire is determined, one department shall stand by in station or report to home company. Air 500, Vent 500, Salvage 500 and Mobile 500 shall also respond.
[3] 
Automatic fire alarm (residential): three departments, the home company included if the home company is one of the three closest to the incident. Otherwise, the closest three departments and the home company shall respond. In the event that an actual fire is determined, one department shall stand by in station or report to home company. Air 500, Vent 500, Salvage 500, and Mobile 500 shall also respond.
[4] 
Automatic fire alarm (commercial): three departments (including three engine companies and one ladder truck), the home company included if the home company is one of the three closest to the incident. Otherwise, the closest three departments and the home company shall respond. In the event that an actual fire is determined, one department shall stand by in station or report to home company. Air 500, Vent 500, Salvage 500 and Mobile 500 shall also respond.
[5] 
Automatic fire alarm canceled (residential or commercial): the home company and the closest available department.
[6] 
Vehicle accident with injuries: the home company, the closest available department with rescue, the closest available department with an engine (engine not required if rescue unit has water).
[7] 
Vehicle accident with entrapment: the home company, the closest available department with rescue, the closest available department with an engine (engine not required if rescue unit has water).
[8] 
Vehicle accident with no injuries: no department shall be dispatch unless traffic control is required.
[9] 
Wires down: the home company and the closest available department.
[10] 
Fuel spill: the home company and the closest available department with engine.
[11] 
Lighting detail: the home company only.
[12] 
Brush fire: the home company and the closest available department.
[13] 
HAZMAT call: the home company, the closest available department, Mobile 500, C.P. 500, Air 500 and Hazard 500.
[14] 
Vehicle fire: the home company and closest available department.
[15] 
Tree down: the home department (notify appropriate road department).
[16] 
Chimney fire: three departments, the home company included if the home company is one of the three closest to the incident. Otherwise, the three closest companies and the home company shall respond. If a fire is actually determined, one department shall stand by in station or report to the home company. Air 500, Vent 500, Salvage 500 and Mobile 500 shall also respond.
[17] 
Smoke investigation: the home company and the closest available department.
[18] 
Ambulance assist: the home company and the closest available department.
[19] 
Flooding/pumping detail: the home company only.
[20] 
Ambulance (Priority 1): the home company and the closest available department.
[21] 
Ambulance (Priority 2): the home company and the closest available department.
[22] 
Ambulance (Priority 3): the home company only.
[23] 
Carbon monoxide (Priority 1): the home company and the closest available department.
[24] 
Carbon Monoxide (Priority 2): the home company only.
[25] 
Bomb threat: the home company, Mobile 500, C.P. 500 and the Pennsylvania State Police.
(b) 
The final and absolute authority to establish the foregoing response and callout procedures is hereby vested in the Board of Supervisors of Hempfield Township and shall be enforced by the Department of Public Safety. Any violations of these procedures, as established herein, shall constitute cause for discharge and dismissal of any member of a volunteer fire department, ambulance service or emergency management agency.
(4) 
Authorization to respond to requests for assistance outside township. The various fire fighters, fire police, emergency personnel and ambulance corpsmen of the various volunteer fire companies or departments of Hempfield Township are authorized to respond to requests from other fire-fighting and ambulance associations outside of Hempfield Township to render aid and assistance for fires, emergencies and other disasters.
(5) 
Participation in training, maintenance and fund-raising activities. The various fire fighters, fire police, emergency personnel and ambulance corpsmen who are members of the various volunteer fire companies or departments of Hempfield Township are authorized to engage in training, maintenance, fund-raising activities or any other activities aimed at securing memberships, procuring equipment and other such similar activity within Hempfield Township and outside of Hempfield Township when specifically authorized by the various Fire Chiefs or Fire Code Inspector of Hempfield Township.
(6) 
Insurance. The volunteer fire fighters, fire police, emergency personnel and ambulance corpsmen who are members of the various fire companies or departments of Hempfield Township shall be insured pursuant to the Pennsylvania Worker's Compensation Act,[1] as the same is amended from time to time, whenever said fire fighters, fire police, emergency personnel and ambulance corpsmen are engaged in activities as described in this chapter.
[1]
Editor's Note: See 77 P.S. § 1 et seq.
(7) 
Withdrawal of authorization. Any fire fighters, fire police, emergency personnel and ambulance corpsmen who are members of the various fire companies or departments of Hempfield Township are hereby authorized to engage in the performance of any duly authorized activity by the various Fire Chiefs or the Fire Code Inspector of Hempfield Township, unless such authorization as to a specific duty or as to a specific officer has been withdrawn by Hempfield Township by giving notice to said fire fighter, fire police, emergency personnel or ambulance corpsman, in writing, addressed to the volunteer fire department or company in which such fire fighter, fire police, emergency personnel or ambulance corpsman is a member.
(8) 
Purpose; effect on Workmen's Compensation Act. The benefits provided by the Workmen's Compensation Act, as the same is amended from time to time, to fire fighters, fire police, emergency personnel and ambulance corpsmen will not be changed or expanded as a result of this chapter. The purpose of this chapter is so that the Supervisors of Hempfield Township specifically authorize the various fire fighters, fire police, emergency personnel and ambulance corpsmen who are members of the various fire companies or departments of Hempfield Township to conduct the activities herein mentioned.
C. 
Reimbursement for costs and expenses.
(1) 
The Board of Supervisors of Hempfield Township has, from time to time, adopted resolutions acknowledging the authority of the various volunteer fire departments situate within the Township of Hempfield to act as the official fire-fighting force for the township.
(2) 
In the course of conduct of their services as the official fire departments for the Township of Hempfield, said fire departments incur reasonable costs for fire-fighting materials, residential and commercial equipment, commercial flooding services and hazardous abatement materials involving response to hazardous materials incidents, environmental incidents and safety and rescue incidents and operations, including vehicular accidents.
(3) 
The reasonable costs identified above shall be recovered through the offices of the Township of Hempfield in order to coordinate the collection process and allocate the proceeds thereof.
(4) 
The Board of Supervisors of Hempfield Township shall select and enter into a contract with an appropriate collection agency to undertake the actual collection of all invoiced expenses.
(5) 
Reasonable costs and expenses incurred by any individual volunteer fire department shall be itemized to the Board of Supervisors for all incidents occurring within each particular fire district.
(6) 
Hempfield Township, or its designated collection agency, shall issue invoices to the appropriate insurance company of the person or persons involved in the incident, with payment on said invoices to be due within 60 days.
(7) 
All proceeds received in this collection process shall be deposited into a single escrow fund to be established by Hempfield Township.
(8) 
On an annual or other appropriate basis, the Hempfield Township Board of Supervisors shall distribute equally among the recognized fire departments of Hempfield Township a minimum of 80% of the funds received. Any balance retained by the township shall be paid into an escrow account to be utilized for the construction, maintenance and operation of a fire-fighting training facility within the Township of Hempfield.
(9) 
In the event that any claim is denied payment by the invoiced insurance carrier, the Hempfield Township Board of Supervisors will make the final determination as to whether further action shall be taken to collect the moneys owed or whether the claim shall be withdrawn.
(10) 
In addition to the aforementioned reasonable costs, the township is hereby authorized to collect any other additional fee or charge as may be authorized by the Hazardous Material and Emergency Planning and Response Act[2] or as may be authorized by any other statute, case law or common law.
[2]
Editor's Note: See 35 P.S. § 6022.101 et seq.
D. 
Emergency management.
(1) 
Establishment. A local emergency management agency is hereby established and shall be known as the "Hempfield Township Emergency Management Agency."
(2) 
Statutory authority. The Hempfield Township Emergency Management Agency is established pursuant to the provisions of the Emergency Management Services Code, 35 Pa. C.S.A. § 7101 et seq.
(3) 
Responsibility for response and recovery. The Hempfield Township Emergency Management Agency shall have the responsibility for emergency management and disaster response and recovery within the Township of Hempfield. The Hempfield Township Emergency Management Agency shall also provide emergency management and disaster response and recovery services outside the Township of Hempfield as required by the terms and conditions of this chapter.
(4) 
Declaration of disaster emergency.
(a) 
A local disaster emergency may be declared by the Board of Supervisors of Hempfield Township. In addition, any member of the Board of Supervisors is hereby authorized to declare a disaster emergency subject to ratification by the Board of Supervisors within seven days of such declaration.
(b) 
A local disaster emergency may only be declared upon finding by the Board of Supervisors or any member of the Board of Supervisors that a disaster has occurred or is imminent.
(c) 
The declaration of a local disaster emergency shall not be continued or renewed for a period in excess of seven days unless approved by the Board of Supervisors.
(d) 
Any order or proclamation declaring, continuing or terminating a local disaster emergency shall be given prompt and general publicity, and a copy of any such order or proclamation shall be filed promptly with the Pennsylvania Emergency Management Agency.
(e) 
Upon declaration of a local disaster emergency, the applicable response and recovery aspects of the Hempfield Township Local Emergency Management Plan shall be activated.
(5) 
Temporary suspension of formal requirements. Upon declaration of a disaster emergency, the Township of Hempfield, pursuant to 35 Pa. C.S.A. § 7501(d) of the Emergency Management Services Code, shall be authorized to exercise the powers granted in this chapter without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements) pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, the levying of taxes and the appropriation and expenditure of public funds. In addition, upon the declaration of a disaster emergency, Hempfield Township is authorized to avail itself of the provisions of Act of August 5, 1942 (P.L. 752, No. 286), known as the Civil Service Act,[3] in connection with the employment of personnel in local organizations established pursuant to the provisions of this chapter.
[3]
Editor's Note: See 71 P.S. § 741.1 et seq.
(6) 
Coordinator.
(a) 
The Hempfield Emergency Management Agency shall have a coordinator who shall be responsible for the planning, administration and operation of the Agency, subject to the direction and control of the Hempfield Township Board of Supervisors.
(b) 
The Coordinator of the Hempfield Township Emergency Management Agency shall be appointed by the Governor of the Commonwealth of Pennsylvania upon recommendation of the Hempfield Township Board of Supervisors. The Hempfield Township Board of Supervisors may, upon agreement by resolution with adjoining municipalities, recommend to the Governor a candidate for Coordinator for emergency management activities in said political subdivisions. The Hempfield Township Emergency Management Coordinator shall serve at the pleasure of the Board of Supervisors.
(c) 
The Coordinator of the Hempfield Township Emergency Management Agency shall:
[1] 
Be professionally competent and capable of planning, effecting and coordinating operations among agencies of government and controlling coordinated operations by local emergency preparedness forces.
[2] 
Attend and successfully complete the first phase of the career development program as prescribed by the Pennsylvania Emergency Management Agency within one year after appointment.
[3] 
Attend and successfully complete the second phase of the career development program as prescribed by the Pennsylvania Emergency Management Agency within three years after appointment.
[4] 
Attend basic and advanced seminars, workshops and training conferences called by the Director of the Pennsylvania Emergency Management Agency and/or its Director of Training and Education.
(d) 
Failure to attend and successfully complete the career development program phases as described above or failure to attend a prescribed training program for two consecutive years shall cause the replacement of the Coordinator of the Hempfield Township Emergency Management Agency.
(e) 
Responsibility for the professional in-service training of the Coordinator of the Hempfield Township Emergency Management Agency shall rest with the Emergency Management Coordinator of Westmoreland County.
(f) 
Hempfield Township will reimburse its Coordinator for actual expenses incurred as the result of his or her attendance at scheduled meetings and training programs.
(g) 
The Emergency Management Coordinator shall assemble a Hempfield Township Disaster Management Plan and amend and update the plan as needed. The Hempfield Township Emergency Management Plan and any changes to the plan shall be approved by the Hempfield Township Board of Supervisors.
(7) 
Powers and duties of Agency. The Hempfield Township Emergency Management Agency is hereby directed to:
(a) 
Prepare, maintain and keep a disaster emergency plan for the Township of Hempfield for the prevention and minimization of injury and damage caused by disaster, for prompt and effective response to the disaster and for disaster emergency relief and recovery in consonance with the Pennsylvania Emergency Management Plan and the Westmoreland County Emergency Management Plan.
(b) 
Establish, equip and staff an emergency operations center for the Township of Hempfield.
(c) 
Establish a warning and communications system for the Township of Hempfield that will support governmental operations in emergencies.
(d) 
Provide essential facilities and equipment to those agencies and organizations that have been assigned emergency functions under this chapter.
(e) 
Provide individual and organizational training programs for police officers, fire fighters, rescue personnel, ambulance personnel, emergency management volunteers and the general public to ensure prompt, efficient and effective disaster emergency services.
(f) 
Organize, prepare and coordinate all locally available manpower, materials, supplies, equipment and facilities necessary for disaster emergency readiness, response and recovery.
(g) 
Adopt and implement precautionary measures to mitigate the anticipated effects of a disaster.
(h) 
Execute and enforce such rules and orders as the Hempfield Township Emergency Management Agency may adopt pursuant to the provisions of this chapter.
(i) 
Cooperate and coordinate with any public and private agencies or entities in achieving any purpose of this chapter.
(j) 
Have available for inspection at its emergency operations center all emergency management plans, rules, regulations and orders of the Governor and the Pennsylvania Emergency Management Agency.
(k) 
Provide prompt and accurate information regarding local disaster emergencies to appropriate commonwealth and local officials and agencies and the general public.
(l) 
Make monthly reports to the Hempfield Township Board of Supervisors on the status and programs of the Hempfield Township Emergency Management Agency, its personnel, programs and plans.
(m) 
Execute and enforce such rules, regulations and orders as may be adopted by the Pennsylvania Emergency Management Agency.
(n) 
Make timely recommendations to and secure the consent of the Hempfield Township Board of Supervisors concerning the development of plans, the acquisition of materials, supplies and equipment and the development of a budget for the agency, except as provided for in disaster emergencies.
(o) 
Identify areas within the Township of Hempfield that are particularly vulnerable to disasters.
(p) 
Upon request of the Board of Supervisors or any member of the Board of Supervisors, assist the Township of Hempfield and/or its police, fire, rescue or emergency medical services in handling and coordinating special nondisaster emergencies and situations.
(8) 
Mutual aid. The Coordinator of the Hempfield Township Emergency Management Agency shall develop and maintain mutual aid agreements with adjacent political subdivisions for reciprocal emergency assistance. The agreements shall be consistent with the plans and program of the Pennsylvania Emergency Management Agency and the Westmoreland County Emergency Management Agency. The agreements shall stipulate that direction of emergency disaster assistance is the responsibility of the lowest level of government affected, that the County Emergency Management Agency shall provide coordination and support when more than one political subdivision within Westmoreland County is affected and that the Pennsylvania Emergency Management Agency or its area organization shall provide coordination and support when two or more counties are affected. In disaster emergencies, requests for mutual aid assistance shall be referred to the organization, as outlined above, having responsibility for the coordination, and, in time of emergency, it shall be the duty of the Hempfield Township Emergency Management Agency to render assistance in accordance with these mutual aid agreements. In all cases, support services provided from outside the affected area shall remain under the command and control of the department, agency or office furnishing the support services.
(9) 
Approvals; ratification of agreements.
(a) 
Except during local disaster emergencies, the Hempfield Township Board of Supervisors shall:
[1] 
Approve all expenditures of the Hempfield Township Emergency Management Agency in advance.
[2] 
Approve attendance and participation of personnel of the Emergency Management Agency at training sessions, seminars and meetings.
[3] 
Review and approve the Hempfield Township Emergency Management Plan, as well as proposed amendments, additions or deletions thereto.
(b) 
All mutual aid agreements pursuant to Subsection D(8) hereof shall be ratified by the Hempfield Township Board of Supervisors and by the governing bodies of the other affected municipalities prior to implementation.
(10) 
Gifts and grants. Any gift or grant of moneys made to the Hempfield Township Emergency Management Agency or to the Township of Hempfield for the payment of expenses incurred or to be incurred by or for the Hempfield Township Emergency Management Agency shall be deposited in the Treasury of the Township of Hempfield and shall be appropriated only for the purpose for which the gift or grant was made.
(11) 
Representation on boards and agencies. Nothing in this chapter shall be construed as prohibiting the Hempfield Township Emergency Management Agency from providing representation to other boards or agencies, such as outside emergency management advisory boards, emergency health services councils or regional communications committees, that coordinate with or otherwise impact the deliver of emergency management services.
(12) 
Insignia and identifying marks. The Hempfield Township Emergency Management Agency shall, with the approval of the Hempfield Township Board of Supervisors, adopt such insignia and/or other identifying marks or markings as are necessary to ensure the correct, prompt identification of its personnel, equipment and facilities.
(13) 
Applicability of state statute. The provisions of the Emergency Management Services Code of the Commonwealth of Pennsylvania, Act 323 of 1978, P.L. 1332,[4] shall govern the emergency management activities of the Township of Hempfield and the Emergency Management Agency, except in circumstances where the Emergency Management Services Code does not address local provisions or conditions provided for by this chapter.
[4]
Editor's Note: See 35 Pa. C.S.A. § 7101 et seq.
[Added 9-26-2016 by Ord. No. 2016-08]
A. 
The Fire Bureau of the Township of Hempfield shall consist of those existing fire companies identified in § 47-4A, and those other companies that may from time to time by ordinance or resolution be recognized by the Board of Supervisors.
B. 
Each fire company comprising the Fire Bureau of the Township of Hempfield shall be subject to the jurisdiction and control of the Board of Supervisors. The Fire Committee (hereinafter created and defined) may, subject to the approval of the Board of Supervisors, adopt, and from time to time amend, the rules and regulations governing the Fire Bureau.
C. 
The Fire Committee shall maintain standards of operation of the Fire Bureau as the Township Supervisors may establish. The Fire Committee shall develop plans and make suggestions for improving such standards and shall report such plans and suggestions to the Board of Supervisors.
D. 
Administration of the Fire Bureau shall be vested in the Fire Committee. The committee shall be comprised of nine persons appointed for two-year terms by the Board of Supervisors. Such persons shall be the Public Safety Director, a Township Administrator, the Fire Training Officer, the Fire Recruitment Officer, the Fire Safety Officer, two persons recommended by the Chief's Board, and two Township firefighters at large. The Public Safety Director shall serve as chairperson and the function of the committee shall be to coordinate the matters of mutual concern between the Township and the fire companies and shall form the exclusive liaison between the fire companies and the Township.
E. 
To assist the development and proposal of fire related matters, an advisory board which reviews the proposals and recommendations of the fire committee shall be created and shall be known as the Chiefs Board. Such Chiefs Board shall be comprised of one fire chief or designee of each company recognized by the township as a member of the Fire Bureau.
F. 
Prior to proposing any matter for approval by the Board of Supervisors, the Fire Committee must present such proposal to the Chiefs Board for comment and/or recommendation. The Chiefs Board must meet and provide a written response to the Fire Committee's proposal within 10 days of receipt of such proposal. The Chiefs Board may do the following upon review of a proposal: elect to recommend approval to the Board of Supervisors; elect to make no comment and in such case the proposal may be submitted to the Board of Supervisors for approval with a notation that the Chiefs Board has made no comment in support or opposition to the proposal or, reject the proposal and return it to the Fire Committee with written recommended changes. If the proposal is rejected by the Chiefs Board, the Fire Committee must review the written comments and either amend the proposal or provide a written explanation as to why the proposed recommendations have not been accepted by the Fire Committee prior to the proposal's submission to the Board of Supervisors for consideration.
[Amended 8-24-2015 by Ord. No. 2015-06; 12-17-2018 by Ord. No. 2018-09]
A certain document, three copies of which are on file in the office of the Township Secretary of the Township of Hempfield, being marked and designated as the International Fire Code, 2015 Edition, including Chapter 80, Appendices B, C and D (see International Fire Code Section 101.2.1, 2015 Edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of the Township of Hempfield in the Commonwealth of Pennsylvania regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Township Secretary are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 47-5.1 of this chapter.
[Added 8-24-2015 by Ord. No. 2015-06; 12-17-2018 by Ord. No. 2018-09]
The following sections are hereby revised:
A. 
Section 101.1 is revised to read as follows: "These regulations shall be known as the Fire Prevention Code of the Township of Hempfield, (hereinafter referred to as "Fire Code")."
B. 
Section 103 shall be revised as follows:
(1) 
The heading shall be revised to read as follows:
§ 103.1 General. The Department of Public Safety is established pursuant to § 47-3 of the Code of the Township of Hempfield. Said Department shall be under the direction of the Director(s). The function of the Department of Public Safety shall be the implementation, administration and enforcement of the provisions of this Code.
(2) 
Section 103.2 shall be revised to read as follows:
§ 103.2 Appointment. The Director(s) shall be appointed by the Board of Supervisors of the Township of Hempfield.
(3) 
Section 103.3 shall be revised to read as follows:
§ 103.3 Deputies. In accordance with the prescribed procedures of the Township of Hempfield, the Board of Supervisors shall have the authority to appoint a Deputy Director(s), other related technical officers, inspectors and other employees.
C. 
Section 104.1 and 104.2 are hereby revised to read as follows:
§ 104.1 General. Subject to the approval of the Township Supervisors, the Director or their Deputy, is hereby authorized to enforce the provisions of this Code and shall have the authority to render interpretations of this Code, to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this Code and shall not have the effect of waiving requirements for which provision is specifically made in this Code.
D. 
Section 104.2, Applications and permits, is hereby amended to read as follows:
§ 104.2. Applications and Permits. The Building Code Official is authorized to receive applications, review construction documents and issue permits for construction regulated by this Code, issue permits for operations regulated by this Code, inspect the premises for which such permits have been issued and enforce compliance with the provisions of this Code.
E. 
Section 104.8, Modifications, is hereby revised to read as follows:
§ 104.8 Modifications. The Building Code Official shall have authority to grant modifications for individual cases in accordance with the procedures and guidelines set forth in the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended.
F. 
Section 104.9, Alternative materials and methods, shall be revised to read as follows:
§ 104.9 Alternative Materials and Methods. The Township Building Code Official shall have authority to authorize the use of alternative materials and methods in accordance with the procedures and guidelines set forth in the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended.
G. 
Section 105.1, Permits, is revised to read as follows:
§ 105.1 Permits Required. Any property owner or authorized agent of a property owner who intends to conduct an operation or business or install or modify systems and equipment which is regulated by the International Fire Code, 2009 Edition, or cause any such work to be done, shall first make application to the Director and obtain the required permit. In the event the proposed activity involves construction of facilities regulated by the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended, application for necessary permits shall also be made to the Building Code Official. In the event of inconsistent language between the Pennsylvania Uniform Construction Code and the International Fire Code, 2009 Edition, the provisions of the Pennsylvania Uniform Construction Code shall apply.
H. 
Section 108.1, Board of appeals established, is hereby revised to read as follows:
§ 108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations made by the Director relative to the application and interpretation of this chapter of the Township Code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Director shall be an ex-officio member of said Board, but, shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellants with a duplicate copy to the Director.
I. 
Section 109.2, Notice of violation, is revised to read as follows:
§ 109.3 Notice of Violation. When the Director finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this Code, the Director is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection.
§ 109.4 Violation Penalties. Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements hereof 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 the provisions of this Code, shall be guilty of a summary offense, punishable by a fine of not more than $1,000. Each day that a violation of this ordinance continues shall be considered a separate violation.
J. 
Section 109.4.1, Abatement of violation, is revised to read as follows:
§ 109.4.1 Abatement of Violation. In addition to the imposition of the penalties herein described, the Township Fire Code Official is authorized to institute appropriate action to prevent unlawful construction or 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.
K. 
Section 110.1, General, is revised to read as follows:
§ 110.1 General. If during the inspection of a premises, a building or structure, 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, abate or remedy the conditions as shall be deemed necessary in accordance with this section, and shall refer the building to the building department for any repairs, alterations, remodeling, removing or demolition required.
L. 
Section 110.1.2, Structural Hazards, is revised to read as follows:
§ 110.1.2 Structural Hazards. When an apparent structural hazard is caused by the faulty installation, operation or malfunction of any of the items or devises governed by this Code, the Fire Code Official shall immediately notify the Building Code Official.
M. 
Section 110.4, Abatement, is revised to read as follows:
§ 110.4. Abatement. The owner, operator or occupant of a building or premises deemed unsafe by the Building Code Official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved corrective action.
N. 
Section 113, Fees, specifically Sections 113.1 and 113.2 are revised to read as follows:
§ 113.1 Fees. A fee for each permit shall be paid, as required, in accordance with the fee schedule established and revised from time-to-time by resolution of the Board of Supervisors of the Township of Hempfield.
O. 
Section 505.1, Address Identification, is hereby revised to read as follows:
§ 505.1 Identification. All residential dwellings and commercial structures which now have or may subsequently receive an identification as a street number shall visually display said designated street number as set forth herein.
§ 505.1.1 Residential Dwellings. Where any residence has a single mailbox at the street, said mailbox shall have the assigned identification number affixed to both sides of the mailbox, post or framework. In addition, all residences shall have their assigned identification number affixed to the residence in the vicinity of a front porch light if such light is available. For multiple-family dwellings, only the main building number must be posted where observable from the nearest public right-of-way, and all interior apartment unit doors must be numbered.
§ 505.1.2 Commercial Occupancies. All freestanding business signs which identify a business or group of businesses shall have an identification number posted thereon. Said number can be posted on the framework of the sign or be included in the graphics thereof. Each individual business, building or suite that fronts a right-of-way shall display an exterior identification number facing the right-of-way. The number shall be placed, permanently mounted, in a window or on the front of the structure. Businesses or suites which do not front a right-of-way need not post an exterior identification number. All businesses, buildings or suites which have common entrances with other occupants must post an identification number on their respective interior doors.
§ 505.1.3 Numeral Specifications. All numerals shall be Arabic (i.e., 1, 2, 3, 4). All numerals shall be contrasting in color from their background. All numerals which are displayed in accordance herewith shall be maintained in a clear and readable manner. It shall be the responsibility of the owner or other person in charge of said facility to repair and/or replace said numerals upon written notification from the Township.
a.
Residential Numerals. All numerals on mailboxes shall be reflective and shall be a minimum of three inches in height and 1/2 inch in width. All numerals displayed on the residential structures shall be a minimum of four inches in height and 1/2 inch in width.
b.
Commercial Numerals. All numerals on the exterior buildings or in windows shall be a minimum of six inches in height and 3/4 inches in width. All numerals on interior doors must be a minimum of three inches in height and 1/2 inch in width.
[Added 8-24-2015 by Ord. No. 2015-06; 12-17-2018 by Ord. No. 2018-09]
The following sections of the International Fire Code, 2015 Edition, are hereby deleted:
A. 
Section 104.9.1.
B. 
Section 104.9.2.
C. 
Section 105.1.2 through Section 105.5 and the subsections thereunder.
D. 
Section 105.7.
E. 
Section 105.7.1 through 105.7.14.
F. 
Section 111.
G. 
Section 113.3 through Section 113.5.
H. 
Section 401.2.
I. 
Section 501.
J. 
Section 504.3.
K. 
Sections 508 and 510.
L. 
Section 601 through 604.
M. 
Section 606 except Sections 606.6 and 606.14.
N. 
Section 903.6.
O. 
Section 905 except Sections 905.7, 905.9, 905.10 and 905.11.
P. 
Chapter 20 except Sections 2005 and 2007.
Q. 
Chapter 27 except Sections 2703.4, 2703.5, 2703.8 and 2703.9.
R. 
Chapter 29 except Sections 2903.3, 2903.4, 2903.5, 2903.6, 2903.7, 2905.3 and 2909.4.1.
S. 
Chapter 23, except to the extent superseded by the Pennsylvania Flammable and Combustible Liquids Act, Act of Feb. 11, 1998. P.L. 58. Further, the following Sections of Chapter 23 shall remain in full force and effect: 2304.2.3, 2304.3.4, 2304.3.5, 2305.5, 2305.6, 2305.7, 2309.3.1.2.1, 2309.3.1.2.2, 2309.3.1.2.3, 2209.3.1.4.4 and 2311.6.
T. 
Chapter 36.
[Amended 12-17-2018 by Ord. No. 2018-09]
A. 
To the extent of the Commonwealth of Pennsylvania has adopted regulations as part of the implementation of Act 45 of 1999, as amended, which is known as the Pennsylvania Uniform Construction Code, which differ from the 2015 Edition of the International Fire Code, the regulations of the Commonwealth of Pennsylvania, Department of Labor and Industry shall prevail.
B. 
The effective Fire Prevention Code in the Township of Hempfield shall at all times be the most current edition of the International Fire Code published by the International Code Council and incorporated by the Commonwealth of Pennsylvania as part of the Pennsylvania Uniform Construction Code as revised and supplemented by regulations issued from time to time by the Pennsylvania Department of Labor and Industry. The following specific sections from the 2015 Edition of the International Fire Code are adopted and revised as indicated. An asterisk appearing before a respective code section indicates that the section has been incorporated by the Pennsylvania Uniform Construction Code.
[Added 8-24-2015 by Ord. No. 2015-06; amended 12-17-2018 by Ord. No. 2018-09]
A. 
The geographical limits referred to in certain sections of the 2015 International Fire Code are hereby established as follows:
(1) 
Section 5704.2.9.6.1. Geographic limits in which the storage of Class I and Class II liquids in aboveground tanks outside of buildings are prohibited within 10 feet of the closest building or structure.
(2) 
Section 5706.2.4.4. Geographic limits in which the storage of Class I and Class II liquids in aboveground tanks are prohibited within those areas set forth in Section 5706.2.4.3.
(3) 
Section 5806.2. Geographic limits in which the storage of flammable cryogenic fluids in stationary containers are prohibited within those areas set forth in Table 3504.2.1 of the 2009 International Fire Code.
(4) 
Section 6104.2. Geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas are prohibited in those areas set forth in Table 6104.3.
B. 
In the event, the Hempfield Township Zoning Ordinance setback and spacing requirements are greater than those set forth above, the Hempfield Township Zoning Ordinance shall apply.
A. 
General regulations.
(1) 
All outdoor burning and fires are expressly prohibited except as may be authorized under the terms hereof.
(2) 
A permit issued by the Fire Code Inspector and/or Code Enforcement Officer shall be required for all outdoor burning and fires for all categories in this section except residential areas.
(3) 
The Board of Supervisors of Hempfield Township shall, from time to time, by resolution, adopt and authorize a permit form and a schedule of fees to be imposed for the issuance of permits hereunder.
(4) 
No person or persons shall set or maintain any outdoor burning or fires upon the paved portion of any street, alley or public grounds in the Township of Hempfield or burn or cause to be burned upon such street, alley or public grounds any newspaper or paper product, boxes, rubbish, leaves or material or substance of any kind.
(5) 
No person or persons shall knowingly maintain a fire hazard on any property within the Township of Hempfield.
(6) 
No person or persons shall deliberately, knowingly, carelessly or negligently set fire to or cause the burning of any material in such manner as to endanger the safety of any person or property.
B. 
Residential areas.
(1) 
All outdoor burning or fires in areas of residential dwellings shall be limited to burning of twigs and yard waste during the hours of 8:00 a.m. to 2:00 p.m. on Saturday and shall not be located closer than 50 feet to any structure or 30 feet to any property line.
[Amended 11-22-2010 by Ord. No. 2010-05]
(2) 
All outdoor burning or fires in areas of residential dwellings shall be controlled in a safe manner and have a water supply attended by an individual or an equal extinguishing agent throughout the duration of the burning.
[Amended 11-22-2010 by Ord. No. 2010-05]
(3) 
Except as herein provided in Subsection B(5), no person or persons shall set or maintain any outdoor burning or fires closer than 50 feet to any structure or 30 feet to any property line.
[Amended 11-22-2010 by Ord. No. 2010-05]
(4) 
No person or persons shall burn or cause to be burned any garbage, newspaper or paper products, rubber, tires, paint, animal waste, plastics, diapers, toxic materials or other matter consisting of solid waste as the term is defined in § 70-3 of the Code of the Township of Hempfield.
(5) 
Outdoor fireplaces, grills, fire pits, and stone rings used exclusively for recreational purposes and/or for food preparation shall be exempt from these regulations, provided, however, that said outdoor fireplaces, grills, fire pits, and stone rings shall not be located closer than 15 feet to any property line.
[Amended 11-22-2010 by Ord. No. 2010-05]
(6) 
Bonfires for amusement purposes shall be permitted only upon the specific approval of the Fire Code Inspector and/or Code Enforcement Officer; and they shall not be located closer than 50 feet to any structure or 30 feet to any property line.
[Amended 11-22-2010 by Ord. No. 2010-05]
C. 
Commercial properties.
(1) 
All outdoor burning or fires at commercial properties shall be limited to between the hours of 7:00 a.m. and 1:00 p.m. on such dates and at such specific times as designated and authorized by the Fire Code Inspector and/or Code Enforcement Officer.
(2) 
All outdoor burning or fires at commercial properties shall be controlled in a safe manner, as approved and authorized by the Fire Code Inspector and/or Code Enforcement Officer, and have a water supply attended by an individual or equal extinguishing agent throughout the duration of the burning; and they shall not be located closer than 50 feet to any structure or 30 feet to any property line.
[Amended 11-22-2010 by Ord. No. 2010-05]
(3) 
No person or persons shall set or maintain any outdoor burning or fires closer than 50 feet to any structure or property line, except as may be otherwise authorized and designated by the Fire Code Inspector and/or Code Enforcement Officer.
(4) 
No person or persons shall burn or cause to be burned any garbage, newspaper and paper products, leaves, rubber, tires, paint, animal waste, plastics, diapers or hazardous or toxic materials.
(5) 
Hempfield Township reserves the right to deny any and all permits for outdoor burning or fires at commercial properties.
D. 
Land developments.
(1) 
All outdoor burning or fires at areas of land development for the purpose of clearing the property and removal of vegetation and other debris shall be limited to such dates and items as designated and authorized by the Fire Code Inspector and/or Code Enforcement Officer.
(2) 
All outdoor burning or fires at areas of land development shall be controlled and managed by the use of a properly utilized air-curtain destructor with a fire pit and shall have a water supply attended by an individual or an equal extinguishing agent throughout the duration of the burning; and they shall not be located closer than 50 feet to any structure or 30 feet to any property line.
[Amended 11-22-2010 by Ord. No. 2010-05]
(3) 
No person or persons shall burn or cause to be burned any garbage, rubber, tires, paint, animal waste, plastics, diapers or hazardous or toxic materials.
E. 
Salvage operations and demolition projects.
(1) 
All outdoor burning or fires at areas of salvage operations and/or demolition projects shall be limited to such dates and times as designated and authorized by the Fire Code Inspector and/or Code Enforcement Officer.
(2) 
All outdoor burning or fires at areas of salvage operations and/or demolition projects shall be controlled and managed by use of a properly utilized air-curtain destructor with a fire pit and shall have a water supply attended by an individual or an equal extinguishing agent throughout the duration of the burning; and they shall not be located closer than 50 feet to any structure or 30 feet to any property line.
[Amended 11-22-2010 by Ord. No. 2010-05]
(3) 
No person or persons shall burn or cause to be burned any garbage, rubber, tires, paint, animal waste, plastics, diapers or hazardous or toxic materials.
F. 
Construction sites, residential and commercial. No person shall set or maintain any outdoor burning or fires during the construction or remodeling of any structures within the Township of Hempfield.
G. 
Agricultural properties. Nothing herein shall regulate or restrict the reasonable and safe use of outdoor burning or fires by any person or persons for or incidental to any valid "agricultural use" within the Township of Hempfield, as the same is defined and set forth in Chapter 87, Zoning, § 87-210, Definitions, of the Code of the Township of Hempfield. A valid agricultural use must be supported by submission to the Township of a true and correct copy of Schedule F, Profit or Loss from Farming, as approved by the Internal Revenue Service.
[Amended 11-23-2015 by Ord. No. 2015-10]
A. 
General. No insurance company, association or exchange (hereinafter the "insurer") doing business in the Commonwealth of Pennsylvania shall pay a claim of a named insured for fire damage to a structure located within the Township of Hempfield (the "municipality") where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500, unless the insurer is first furnished by the Treasurer of the Township of Hempfield with a certificate pursuant to Section 508(B) of the Insurance Company Law of 1921,[1] as amended by Act 98 of 1992 and Act 93 of 1994.
[1]
Editor's Note: See 40 P.S. § 638.
B. 
Bill; certification of expenses; payment by insurer.
(1) 
Where there are delinquent taxes, assessments, penalties or user charges against the property ("municipal claims") or there are expenses which the municipality has incurred as costs for the removal, repair or securing of a building or other structure on the property (collectively "municipal expenses"), the Treasurer of the Township of Hempfield shall immediately render a bill for such work, if the same has not already been issued.
(2) 
Upon written request of the named insured or the insurer specifying the tax description of the property, the name and address of the insurer and the date of receipt by the insurer of a loss report of the claim, the Treasurer of the Township of Hempfield shall, within 14 working days after the receipt of the request, furnish to the insurer a written certificate setting forth either:
(a) 
That there are no unpaid municipal claims or municipal expenses against the property; or
(b) 
Specifying the nature and amount of such claims or expenses, accompanied by a bill for such amounts.
(3) 
Taxes, assessments, penalties and user charges shall be deemed delinquent for this purpose if a lien could have been filed for such claims under applicable law.
(4) 
Upon receipt of a certificate and bill pursuant to the foregoing, the insurer shall transfer to the Treasurer of the Township of Hempfield an amount from the insurance proceeds sufficient to pay such sums prior to making payment to the named insured.
C. 
Disbursement. When all municipal claims and municipal expenses have been paid pursuant to Subsection B hereof or where the Treasurer has issued a certificate described in Subsection B(2) indicating that there are no municipal claims or municipal expenses against the property, the insurer shall pay the claim of the named insured; provided, however, that if the loss agreed upon by the named insured and insurer equals or exceeds 60% of the aggregate limits of liability on all fire policies covering the building or structure, the following procedures must be followed:
(1) 
The insurer shall transfer from the insurance proceeds to the Treasurer, in the aggregate, $2,000 for each $15,000 of such claim or fraction thereof.
(2) 
If, at the time a loss report is submitted by the insured, such insured has submitted to the insurer, with a copy to the Township of Hempfield, a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure in an amount less than the amount calculated under the foregoing transfer formula, the insurer shall transfer to the Treasurer from the insurance proceeds the amount specified in the estimate. If there is more than one insurer, the transfer of proceeds shall be on a pro rata basis by all insurers insuring the building or other structure.
(3) 
Upon receipt of the above-described portion of the insurance proceeds, the Treasurer shall do the following:
(a) 
Place the proceeds in a separate fund to be used solely as security against the total municipal expenses anticipated by the Township of Hempfield to be required in removing, repairing or securing the building or structure as required by this section. Such costs shall include, without limitation, any engineering, legal or administrative costs incurred by the Township of Hempfield in connection with such removal, repair or securing or any proceedings related thereto, including legal fees incurred by the township in the issuance of the original certificate pursuant to Subsection A hereof.
(b) 
Mail to the named insured, at the address received from the insurer, a notice that the proceeds have been received by the Township of Hempfield and that the procedures under this subsection shall be followed.
(c) 
After the transfer, the named insured may submit to the Township of Hempfield a contractor's signed estimate of the costs of removing, repairing or securing the building or other structure, in which event the Treasurer shall, if such estimate is deemed by the Treasurer to be reasonable, return to the insured the amount of the funds transferred to the Township of Hempfield in excess of that required to pay the municipal expense, provided that the township has not commenced to remove, repair or secure the building or other structure, in which case the township will complete the work.
(d) 
Pay to the Secretary of the Board of Supervisors, for reimbursement to the township general fund, the amount of the municipal expenses paid by the Township of Hempfield.
(e) 
Pay the remaining balance in the fund (without interest) to the named insured upon receipt of the certificate issued by the Ordinance Officer of the Township of Hempfield that the repair, removal or securing of the building or other structure has been completed in accordance with all applicable codes and regulations of the Township of Hemp,field.
(4) 
Nothing in this section shall be construed to limit the ability of the Township of Hempfield to recover any deficiency in the amount of municipal claims or municipal expenses recovered pursuant to this section or to the insurance process, by an action at law or equity to enforce the codes of the Township of Hempfield or to enter in an agreement with the named insured with regard to such other disposition of the proceeds as the Township of Hempfield may deem reasonable.
D. 
Applications. The Secretary of the Board of Supervisors of Hempfield Township shall prepare and make available appropriate applications to be completed by the property owner and/or insurer setting forth all property identification information required for the issuance of the certificate referenced herein.
E. 
Fees. The municipal certificate required under the terms hereof shall be provided to the applicant without fee, except for those fees and expenses as may be reasonably incurred by the Township of Hempfield as the same are identified in Subsection B or Subsection C(3)(a) hereof.
A. 
Violations and penalties. Any person who shall violate the provisions of this chapter or any section of the code adopted hereby or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specification or plan submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Township Supervisors or by a court of competent jurisdiction within the time fixed therein, shall, severally for each and every such violation and noncompliance respectively, be punishable by a fine of not more than $1,000, together with costs of prosecution and reasonable attorney's fees incurred by Hempfield Township in the prosecution of this chapter, or, in default of the payment thereof, by imprisonment for not more than 30 days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 10 days that a prohibited condition or conditions are maintained shall constitute a separate enforceable offense.
B. 
Citations. In the enforcement of this section, the Fire Code Inspector and/or Code Enforcement Officer of Hempfield Township may, at his sole discretion, utilize a citation notice, in a form to be approved by the Board of Supervisors, notifying the person responsible as to the violation of this chapter and providing that person an opportunity to remedy said violation within five days of the date of that notice and to impose a fine not to exceed $100, payable to the Township of Hempfield, without the necessity of a court proceeding and the imposition of attorney's fees and court costs.
C. 
Other proceedings. Notwithstanding the foregoing, Hempfield Township may, if it deems it appropriate, proceed in an action in equity to cause an injunction to issue, either preliminarily or otherwise, or to have a court of competent jurisdiction issue a restraining order against any person, firm, partnership, cooperation, joint venture or any other type of legal entity from a violation or violations of the within chapter.
D. 
Revocation of permits. Notwithstanding any and all of the foregoing enforcement provisions, the Fire Code Inspector and/or Code Enforcement Officer of the Township of Hempfield may, upon discovery of a violation of any section of this chapter, immediately issue a written notification revoking any and all permits which may have been issued to the offending property owner or that owner's representative relating to the use or operation of the property for which the violation is noted. Said notification shall constitute a stop-work order compelling the cessation of those operations and activities in violation of this chapter. A true and correct copy of that notice shall be mailed to the applicant by certified mail, return receipt requested; conspicuously posted upon the affected property; and, when possible, personally handed to the applicant and/or property owner. The affected applicant shall have the right of appeal from that revocation as set forth in § 47-5F hereof.
E. 
False fire alarms. The General Assembly of the Commonwealth of Pennsylvania has now enacted Act 70 of 1998 including, at Section 7511 thereof,[1] provisions dealing with the control of alarm devices and automatic dialing devices and establishing penalties for violations thereof. The Department of Public Safety shall be the entity responsible within the Township of Hempfield for the enforcement as to violations of said Act. Penalties for violations of Act 70 of 1998 shall be in accordance with the provisions thereof.
[1]
Editor's Note: See 18 Pa. C.S.A. § 7511.