[Adopted 1-12-1989 by Ord. No. 89-3 (Ch. 5, Part 1A, of the 1983 Code of Ordinances)]
[Amended 4-9-1998 by Ord. No. 98-2]
A. 
This article shall provide the Borough of Walnutport, Northampton County, with rules and regulations to improve public safety by promoting the control of fire hazards; regulating the installation, use and maintenance of equipment; regulating the use of structures, premises and open areas; providing for the abatement of fire hazards; establishing the responsibilities and procedures for code enforcement; and setting forth the standards for compliance and achievement of these objectives.
B. 
This article shall be known as the "Borough of Walnutport Fire Prevention Code." This article provides for the enforcement of the Fire Prevention Code adopted pursuant to Article V, International Fire Prevention Code, of this chapter. The same are hereby adopted and incorporated as fully as if set out at length herein.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
This article and the provisions hereof shall apply to all buildings and dwellings including, but not limited to, single- and/or two-family dwellings, apartments, industrial and commercial buildings.
It shall be unlawful for any person to violate this article, to permit or maintain such a violation, to refuse to obey any provision hereof, 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 Prevention Officer 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 other person in charge shall not be deemed to relieve any of the others.
The Borough Council of the Borough of Walnutport shall designate an individual (hereinafter referred to as "Borough's designee"), who shall be responsible for the enforcement of the Borough of Walnutport Fire Prevention Code.
A. 
It shall be the duty of the Borough's designee to enforce all laws and ordinances of the Borough of Walnutport Fire Prevention Code, including, but not limited to, the following:
(1) 
The prevention of fires.
(2) 
The storage, sale and use of combustible, flammable or explosive materials.
(3) 
The installation and maintenance of automatic and other fire alarm systems and fire-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, and all other places in which numbers of persons work, live, or congregate, from time to time, for any purpose.
(6) 
The inspection of all new and existing commercial buildings and structures within the Borough to determine whether or not the Borough of Walnutport Fire Code is being complied with.
B. 
The Borough's designee shall have such other 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 law.
The Borough's designee shall prepare instructions and forms for his or her use in the reports required by this article.
Before permits may be issued as required by this Code, the Borough's designee shall inspect and approve the receptacles, processes, vehicles, buildings or storage places to be used for any such purposes.
The Fire Prevention Officer shall inspect or cause to be inspected all commercial premises on a periodic basis, and shall make such orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguarding of life and property from fire.
A. 
Whenever any inspector, as defined above, 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 on fire escapes, stairs, passageways, doors or windows liable to interfere with the operations of the Fire Department or egress of occupants in case of fire, the inspector shall order the same to be removed or remedied, and such order shall forthwith be complied with by the owner or occupant of such premises or buildings, subject to the appeals procedure provided for in the Borough of Walnutport Fire Prevention Code.
B. 
Any owner or occupant failing to comply with such order within the time period prescribed by the Borough's designee after the service of the said order shall be liable to penalties as hereinafter provided.
C. 
The service of any such order may be made upon the occupant of the premises to whom it is directed, either by delivering a copy of same to such occupant personally, or leaving it 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 of the entrance to said premises. Whenever it may be necessary to serve such an order upon the owner of premises, such order may be served either by delivering to an leaving with the said person a copy of the said order, or if such owner is absent from the jurisdiction of the officer making the order, by mailing such copy by certified mail to the owner's last known post office address.
The Borough's designee shall make a semiannual report of the activities under the Borough of Walnutport Fire Prevention Code and shall transmit this report to the Borough Council of the Borough of Walnutport. The report shall contain all the proceedings under the Borough of Walnutport Fire Prevention Code with such statistics as the Borough's designee may wish to include therein.
The Borough's designee shall also recommend any amendments to the Borough of Walnutport Fire Prevention Code or ordinance that shall be desirable.
The provisions of the Borough of Walnutport Fire Prevention Code shall apply equally to both public and private property, and it shall apply to all structures and their occupancies, except as otherwise specified.
Any person who shall violate any of the provisions of this article hereby adopted; or shall fail to comply herewith; or shall violate or fail to comply with any order made hereunder; or shall build in violation of any details, statements, specifications, or plans submitted or approved hereunder; or shall operate not in accordance with the provisions or any certificate, permit, or approval issued hereunder, and from which no appeal has been taken; or who shall fail to comply with such an order as affirmed or modified by the Fire Prevention Officer or by a court of competent jurisdiction within the time fixed herein shall upon summary conviction before any Magisterial District Judge, be sentenced to pay a fine or penalty of not more than $1,000 together with the costs of the prosecution, and in default of payment of such fine or penalty and costs, be sentenced to imprisonment in the County Jail for not more than 30 days, and it is further provided that each day's violation shall constitute a separate offense. The imposition of a penalty for any violation shall not excuse the violations nor shall the violation be permitted to continue. All such persons shall be required to correct or remedy such violations or defects within the time period prescribed by the Borough's designee and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.[1]
[1]
Editor's Note: Original Section 113, Amendments, and Section 114, 1997 Supplement, which immediately followed this section, both as amended 4-9-1998 by Ord. No. 98-2, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see § 165-53.
Fees shall be established by resolution of the Borough Council of the Borough of Walnutport from time to time, for the permits, certifications, approvals and other functions performed under this article and shall be payable to the Borough of Walnutport. Such fees shall accompany each application for such permit, approval, certificate or other fee-related Code provision.
This article shall be enforced in conjunction with all other regulations of the Borough, current and in effect at the time of permit application and during the permit period defining the standards that shall be met. Compliance with such regulations shall be considered as inherent part of acceptance by the Borough for the issuance of building and occupancy permits.