[Adopted 6-6-1961 by Ord. No. 154 (Part 10, Ch. 1, Art. A, of the 1975 Code of Ordinances)]
It shall be unlawful for any owner, lessee, occupier or other person having control and custody of any building or premises within the Borough to:
A. 
Cause or permit the accumulation of rubbish, waste paper, boxes, shavings, rags or other combustible material in any building or upon any premises to such a degree as to constitute a dangerous or hazardous condition to life or property.
B. 
Cause or permit such accumulation of dust, waste materials, grease or other matter in air-conditioning, ventilating systems or exhaust ducts as to constitute a threat to life or property as a fire hazard.
C. 
Cause or permit any obstructions to or upon any fire escapes, stairs, passageways, doors or windows as may interfere with the operations of the Fire Department or with the egress of occupants in case of fire.
D. 
Cause or permit the storage or accumulation of gas, gasoline, oil, petroleum products or other inflammable or combustible materials in any house or upon any premises in any manner as to create a dangerous or hazardous condition by way of fire or explosion.
E. 
Cause or permit any building or equipment to deteriorate from lack of repair or by reason of age or dilapidated condition so as to constitute a fire hazard.
For the proper administration and enforcement of this article, the Borough Council shall appoint a person to be designated Fire Marshal to serve for such period as Council may designate with the following powers and duties:
A. 
The Fire Marshal shall have the right and authority to make inspections of any property or premises within the Borough of Malvern at any and all reasonable times. It shall be the duty of the Fire Marshal to make inspections of any buildings or premises where he believes or has reason to believe hazardous conditions may exist or where the terms of this article are being violated in any manner.
B. 
Whenever the Fire Marshal shall deem any condition to exist in any building or upon any premises as may violate the terms of this article or otherwise constitute a hazard or danger to life or property by fire, it shall be the duty of the Fire Marshal to serve written notice of such conclusion upon the owner, tenant, occupier or other person having control or custody of the building or property setting forth in the notice the substance of the condition deemed to be a violation or hazard and an order to the person or persons to correct such condition or violation within five days of the date of the service of the notice.
In the event that any person owning, leasing or in control or custody of any building or property shall fail or refuse to correct the condition stated in any notice and order served upon him or them by the Fire Marshal within five days of the service of the notice or any extension of such time as may be granted by the Fire Marshal upon application made, he or they shall be deemed in violation of this article and, upon conviction thereof, shall be sentenced to pay a fine of not more than $100; each day such condition shall remain uncorrected is to constitute a single and separate offense.
Any notice of order served under the provisions of this article shall be served either by delivering a copy of the notice to the person or by leaving it with any person occupying or in charge of the premises constituting a fire hazard. In the event that no person can be found in occupancy of such premises, service may be made by affixing a copy thereof in a conspicuous place on the premises or on the door or entrance of the building. In the event that the person causing or permitting such condition is unknown or not within the jurisdiction of the Borough, service may be made, by certified mail, to the last known address of the owner of the premises appearing upon the tax lists of the Borough.
[Added 8-7-1990 by Ord. No. 90-6]
A. 
The model fire regulations, prepared by the National Fire Protection Association, known as "N.F.P.A. 1 Fire Prevention Code, 1987 Edition," are hereby adopted and incorporated herein by reference. These regulations shall be known as the "Borough of Malvern Fire Prevention Code." Said Code shall be given full force and effect as an ordinance of the Borough. The Borough of Malvern Fire Prevention Code shall include all standards and codes listed in Annex A thereof, on July 30, 1990. Said Code shall be enforced by the Fire Marshal appointed pursuant to § 89-14. All references in the Borough of Malvern Fire Prevention Code to the "Fire Chief" shall mean the Fire Marshal, and all references to the "Board of Appeals" shall mean the Borough Council. Section 1-5.1 of said Code is hereby deleted.
B. 
It shall be unlawful for any person to violate the Borough of Malvern Fire Prevention Code, to permit or maintain such a violation, to refuse to obey any provision thereof or to fail or refuse to comply with any such provision or regulation, except as variation may be allowed by the action of the Fire Marshal, in writing. Proof of such unlawful act or failure shall be deemed prima facie evidence that such act is that of the owner or other person in control of the premises. Prosecution or lack thereof of either the owner, occupant or the person in charge shall not be deemed to relieve any of the others.
C. 
A complete copy of the Borough of Malvern Fire Prevention Code shall be maintained at the office of the Borough Manager.