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Township of Upper Moreland, PA
Montgomery County
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Table of Contents
Table of Contents
[Adopted 2-1-1988 by Ord. No. 1152; amended 7-9-1990 by Ord. No. 1219 (Title 4, Ch. 5, of the 1977 Code)]
It shall be unlawful for any person to:
A. 
Draw water from a fire hydrant for any purpose other than firefighting without permission from the appropriate water company and the Fire Marshal.
B. 
Willfully permit water from a hydrant to be wasted.
C. 
Hinder or obstruct any firefighter or any vehicle of the Fire Department from passing along the streets to a fire or other emergency or from conducting fire-fighting operations at the scene of a fire.
D. 
Hinder or prevent any firefighter from performing his functions, powers, or duties as a firefighter.
E. 
Erect any sign containing the words "Fire Marshal" without the authorization of the Fire Marshal.
F. 
Damage, deface, obscure from view, obstruct or restrict access to any fire hydrant or any Fire Department connection for the pressurization of fire-suppression systems.
A person shall not willfully fail or refuse to comply with any lawful order or direction of the Fire Marshal, Assistant Fire Marshal, or senior Fire Department officer at the scene of an emergency, or to interfere with the compliance attempts of another individual.
In the event that the Fire Marshal or any Assistant Fire Marshal determines that there is an existing violation of any of the provisions of this chapter, any standard adopted by reference hereunder, or any rule or regulation adopted pursuant hereto, a compliance notice shall be issued in accordance with the following conditions:
A. 
The compliance notice shall be set forth on a form to be prepared by the Township and shall set forth a concise statement as to the nature of the violation of this chapter involved, with reference to the specific provision of this chapter involved, the remedial or corrective action required, and an instruction to the owner of the property involved or any contractor that, in order to avoid prosecution for such violation of this chapter, such owner or contractor shall fulfill the following conditions:
(1) 
Returning to the Township, within five days of receipt of the compliance notice, on the form provided, a written acknowledgement of receipt of the compliance notice, agreeing to correct the condition which constitutes the violation within such time as is provided in the compliance notice, and agreeing to contact the Department of Emergency Services when such work is accomplished;
(2) 
Correcting the condition which constitutes the violation within such time as is provided in the compliance notice or, in the case that the violation is the failure to obtain any permit required under the Fire Prevention Code, the obtaining of such permit by such person as may be responsible for obtaining such permit; and
(3) 
Paying, for the use of the Township, the sum of $10 to the Township Treasurer.
B. 
The Fire Marshal or Assistant Fire Marshal shall deliver the compliance notice by personally handing such compliance notice to the adult person in charge or, where no such person can be found, by mailing the compliance notice by certified mail, return receipt requested, to the owner of the property or contractor, if any and if known.
C. 
The Fire Marshal or Assistant Fire Marshal shall set forth in the compliance notice such time as is deemed reasonable by the same Fire Marshal or Assistant Fire Marshal, considering the nature of the violation, for the initiation and completion of the remedial or corrective action. Such time period shall not exceed 60 days. However, an extension for completion may be granted by the Fire Marshal for an additional period upon cause shown that the violation cannot be corrected within the time allowed.
D. 
In the event that a person to whom a compliance notice has been issued shall fail to respond to such compliance notice within the time required by Subsection A(1) hereof or, in the event that such compliance notice is mailed, shall refuse delivery of such compliance notice, the Fire Marshal or Assistant Fire Marshal shall institute a criminal summary proceeding by issuing a citation or citations to such person and filing the original or originals with the proper issuing authority.
E. 
The imposition of any penalty pursuant to a summary proceeding before an issuing authority shall not preclude the Township from issuing an additional compliance notice with respect to an uncorrected violation or instituting any other legal or equitable proceeding to carry out the purposes of the provision of this chapter in question.