[Adopted 5-22-1995 by Ord. No. 1995-5]
There is hereby adopted by the Council of the Borough of New Freedom for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as the "National Fire Code" of the National Fire Protection Association and all yearly supplements thereto, save and except such portions as are hereinafter deleted, modified or amended, of which code, one copy shall be filed in the office of the Secretary of the Borough of New Freedom and the same are hereby adopted and incorporated as fully as if set out in length herein, and, from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the Borough of New Freedom.
The code hereby adopted shall be enforced by the Council of the Borough of New Freedom or any person that said Council shall designate.
The Council of the Borough of New Freedom shall have the power to modify any provisions of the code hereby adopted upon application, in writing, by the owner(s) or lessee(s) of a particular premises when there are practical difficulties in the way of carrying out the strict letter of the code aforementioned, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification when granted or allowed and the decision of the Council of the Borough of New Freedom thereon shall be entered upon the records of the Borough of New Freedom, and a signed copy shall be furnished to the applicant.
A. 
It shall be the duty of the person designated by the Council of the Borough of New Freedom to enforce this article or to enforce any other such ordinances covering the following:
(1) 
The prevention of fires.
(2) 
The storage and use of explosives and flammable.
(3) 
The installation and maintenance of automatic fire alarm systems and extinguishing equipment.
(4) 
The maintenance and regulation of fire escapes.
(5) 
The means and adequacy of exit, in case of fire, from factories, schools, hotels, lodging houses, asylums, hospitals, churches, halls, theaters, amphitheaters, group homes and all other places in which numbers of persons work, live or congregate from time to time for any purpose.
B. 
He/she or they shall have other such powers and perform such other duties as are set forth in other sections of this article and as may be conferred and imposed from time to time by ordinance, enactment, regulation, statute or law.
It shall be the duty of the Council of the Borough of New Freedom or the person that said Council shall designate to investigate and to recommend to said Council such additional ordinances or amendments to existing ordinances as he/she or they may deem necessary for safeguarding life and property against fire.
A. 
The person designated by the Council under this article shall make periodic inspections when circumstances warrant an inspection and shall make such orders as may be necessary for the enforcement of the laws and ordinances which mandate the protection and safeguard of life and property from fire and or explosion.
B. 
The person designated by Council under this article may, at all reasonable hours and not less than once yearly, enter any public building or any private building used for any business, commercial or industrial purpose and any apartment or converted home with two or more apartments for the purpose of making any inspection or investigation which he/she or they may deem necessary for the prevention of fire and to secure the safety of persons from fire and or explosion.
A. 
Whenever the person designated by Borough Council under this article shall find, in any building or upon any premises or other places, combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of wastepaper, boxes, shavings or any highly flammable materials especially liable to fire, and which is so situated as to endanger property, or shall find obstruction to or repairs needed for or lack of fire escapes, stairs, passageways, doors or windows, leaving the same liable to interfere with the operations of fire-fighting crews or egress of occupants in event of a fire, he/she or they shall order the same to be removed, remedied or repaired, and such order shall forthwith be complied with by the owner(s) or occupant(s) of such premises or buildings.
B. 
Any owner(s) or occupant(s) failing to comply with such order within the time specified on the violation notice after the service of said order shall be liable for the penalties hereinafter provided.
C. 
The service of any such order may be made upon the occupant(s) of the premises to whom it is directed, either by delivering a copy of the same to such occupant(s) personally or by delivering the same to and leaving with any person in charge of the premises or, in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises. Whenever it may be necessary to serve such an order upon the owner of a premises, such order may be served either by delivering to and leaving with said person a copy of said order or, if such owner(s) is absent from the jurisdiction of the officer making the order, by mailing such copy of certified mail to the owner's last known mailing address.
The person designated by the Borough Council under this article shall retain records of all inspections and of all facts concerning the same.
If, in the opinion of the person designated by Borough Council under this article, an immediate fire hazard or condition dangerous to human life or property exists, the person designated by Borough Council under this article is empowered to order an immediate evacuation of the premises and to secure the premises until such hazard or condition has been corrected.
The provisions of this article shall apply equally to both public and private property and shall apply to all structures and their occupancies.
All annexes and appendices of the National Fire Code of the National Fire Protection Association presently in effect or hereinafter enacted are made a part of this article.
A. 
Permits shall be required by business, corporation, firm, association, company or other like entity, whether for profit or not-for-profit, to have, keep, store, use, manufacture, sell or handle flammable, explosive, combustible, hazardous or other materials dangerous to human life or property.
B. 
A permit shall constitute permission to establish, maintain, store, handle, use, manufacture, sell, have or keep flammable, explosive, combustible, hazardous or other materials dangerous to human life or property. The permit shall be specific as to location, conditions and the materials covered. The permit shall be nontransferable, and any change in the use or occupancy of the premises shall require a new permit. The permit may be issued for a set time period with the power to revoke the permit at any time during said period for a failure to comply with the regulations under this article and/or the directions of the person designated by the Borough Council under this article.
C. 
Permits required by this section shall expire on January 31 of each year. Applications for renewal shall be submitted no later than January 10 and may consist of signed verification of the original application's contents if there have been no changes.
Before permits may be issued or renewed as required by this article, the person designated by Borough Council under this article shall inspect and approve the receptacles, processes, vehicles, buildings or storage places to be used for any such purposes.
All permits required under this article shall be on a form obtained from the person designated by Council under this article and shall be obtained by the permittee. A record of all permits issued shall be kept by the person designated by Council under this article and copies of the same shall be filed with the Borough Secretary and the Borough Emergency Management Coordinator.
The recognized standards and practices for the prevention of fire, for all inspections and for the issuance of permits hereunder, shall be held to mean the standard practices and requirements set forth by the National Fire Code as promulgated by the National Fire Protection Association.
The owner, occupant or person covered by this article shall, forthwith, after notice by the person designated by Council under this article to do so, correct any condition in such building or premises, building, processes or materials shall be in such condition as to comply with the recognized standards and practices set forth hereunder for the prevention of fire or other catastrophe.
The failure or neglect of any person designated by this article to be responsible hereunder to comply with any order or directive issued by the person designated by Borough Council under this article, within the time period specified and pursuant to the provisions of this article, shall be deemed to be a violation of this article.
Any person, firm, corporation, association, company or like entity, whether for profit or not-for-profit, who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term of not to exceed 90 days. Every day that a violation of any provision of this article continues shall constitute a separate offense.
A. 
Installation of smoke- or heat-detecting devices required. Every owner of property within the Borough of New Freedom shall install and maintain at least one smoke- or heat-detecting device, either battery or electrically operated, in every building used for human habitation by not later than December 31, 1995.
B. 
Apartments and townhouses. Every owner of an apartment or townhouse shall install and maintain at least one smoke- or heat-detecting device, either battery or electrically operated, in each apartment or townhouse. The device shall be installed either at the termination of the present lease or by December 31, 1995, whichever date is earlier. The Codes Enforcement Officer shall not issue an occupancy permit until it has been verified, upon inspection, that a smoke- or heat-detecting device has been installed and in working condition in a proper location within said apartment or townhouse.
C. 
Commercial or business premises. Every owner of a building used for commercial or business purposes shall install and maintain at least one smoke- or heat-detecting device on the premises not later than December 31, 1995.
D. 
New buildings. All new buildings constructed in the Borough of New Freedom after the enactment date of this article shall have at least one smoke- or heat-detecting device per floor, installed prior to occupancy.
E. 
Assistance of Fire Chiefs. The Fire Chiefs of the Rose Fire Company or their delegated individual shall be available for advise and to aid the property owners in the proper installation of the above mentioned devices.
F. 
Inspection. The Codes Enforcement Officer may inspect the installation of the devices required by this article after due and timely notice of not less than 24 hours has been delivered to the property owner.
G. 
Violations and penalties. The penalties for failure to comply with this section shall be a fine of $500 to be assessed every 30 days until the requirements of this section are met.