[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:
(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.