[HISTORY: Adopted by the Borough Council of the Borough of Penndel 4-15-2019 by Ord. No. 2019-4. Amendments noted where applicable.]
A program of firesafety and emergency equipment inspections is authorized for the following facilities located in the Borough of Penndel: all multifamily residential facilities, industrial facilities, commercial facilities, retail businesses, banks and all other facilities used for retail, wholesale, educational and day-care purposes, and places of worship.
The program will be a cooperative endeavor between the Borough and the community under jurisdiction of the Code Enforcement Officer and Fire Marshal of Penndel Borough.
The firesafety and emergency equipment inspections shall be performed annually, and more frequently if, at the discretion of the Fire Marshal, such more frequent inspection of a property or properties subject to this chapter is required. It shall be the responsibility of the property owner to have said inspection performed.
Adoption of International Fire Code. The Borough Council of Penndel Borough hereby adopts and incorporates by reference, as if set out at length herein, for the purpose of prescribing regulations to safeguard life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises, that certain code, known as the 2015 edition of the International Fire Code, as published by the International Code Council, Inc., subject to the additions, insertions, deletions and changes, if any, prescribed in § 202-6 of this chapter. The facilities will be evaluated in accordance with the 2015 International Fire Code, as amended by § 202-6 of this chapter, during the inspections. The inspections shall include, but need not be limited to, the following matters:
Fire-suppression and alarm systems.
Means of egress.
Fire department access.
Electric service and panels.
Utility and storage areas.
Room occupancy loads.
Construction requirements for existing buildings in accordance with Chapter 11 of the 2015 International Fire Code.
Storage and handling of hazardous substances and materials.
Any other aspect of a building or operation regulated by the 2015 International Fire Code, as amended.
This chapter shall not apply to new construction that is otherwise regulated or under construction through permits issued under the Pennsylvania Uniform Construction Code and the International Codes which are mandatorily adopted by the Borough of Penndel thereunder (collectively the "UCC").
To the extent of any conflict between the provisions of the UCC (including, without limitation, the International Fire Code to the extent the International Fire Code is referenced by the International Building Code), the provisions of the UCC shall apply.
The following sections of the International Fire Code are hereby revised as follows:
Title. The provisions of Section [A]101.1 are herein amended to read as follows:
Section 101.1. Title. These regulations shall be known as the "Fire Code of Penndel Borough," herein referred to as "this code."
Board of Appeals. The provisions of Section 108 shall be amended to read as follows:
Section 108.1 Board of Appeals established. Any appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code shall be heard by the Board of Appeals established by the Borough through the Borough Code of Ordinances, at Chapter 155, Construction Code, Uniform.
Section 108.2 Limitations on authority. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The Board shall not have authority to waive requirements of this code.
Violations. The provisions of Section 109 shall be amended to establish the amount, and nature of violation penalties so as to read as follows:
Section 109.4 Violation penalties. A person who violates a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, is guilty of a summary offense. Violations of this chapter shall be enforced by an action brought by citation and tried before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Upon conviction in a summary proceeding, the violator shall be subject to a fine not exceeding $1,000 per violation and/or imprisonment for up to 30 days in the Bucks County Correctional Facility. Violations of this chapter include, but are not limited to, the failure to permit an annual inspection, failure to pay the inspection fee and failure to correct any deficiencies noted during an inspection.
Section 111.4 Failure to comply. Any person who shall continue any work after being served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $500 nor more than $1,000.
Definition of Fire Code Official. The definition of "Fire Code Official" under Section 202, General Definitions, is amended by repealing and replacing the definition set forth in the International Fire Code, 2015 Edition, with the following:
- FIRE CODE OFFICIAL
- The Penndel Borough Fire Marshal or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative.
The fee for the firesafety and emergency equipment inspections shall be established and set forth in the Borough of Penndel Fee Schedule, as amended from time to time.
The imposition of any one penalty for any violation shall not excuse the violation or permit it to continue, and all persons who violate any of the provisions of this chapter shall be required to correct of remedy such violation or defect within a reasonable time period, but in no event shall a violation remain uncured for longer than 45 days. When not otherwise specified, a separate offense shall be deemed to have been committed on each day during which a violation or noncompliance occurs or continues.
This chapter shall not be construed to affect the responsibility of any party owning, operating, maintaining or installing any equipment, or owning, operating or maintaining any building, for injuries or damage to persons or property caused by any defect therein. Nor shall the Borough be held to assume any liability by reason of an inspection or reinspection authorized herein, by reason of a permit issued or by reason of the approval or disapproval of any building or equipment. Nor does the Borough assume liability for any death or personal injury or property damage alleged to have arisen in connection with any of the places and things inspected as detailed at § 208-4 above, whereupon it is claimed that an inspection was improperly performed or that a permit was improperly granted.