[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.
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.
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.
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.
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.