[Adopted 8-15-1995 by Ord. No. 1043 (Ch. 7, Part 4, of the
1999 Code of Ordinances)]
Unless the context specifically and clearly indicates otherwise,
the meanings of the terms used in this article shall be as follows:
A device with suitable valves and a spout by which water
is raised and discharged from a water main; also known as a "fire
plug."
Any person who has a leasehold interest in any realty within
the Borough, whether the original lessee or a subtenant, and such
term shall include all persons who have actual or constructive possession
of the realty.
Any person vested with ownership, legal or equitable, sole
or partial, of any property located within the Borough.
Any individual, partnership, company, association, corporation
or any other group or entity.
A wet or dry fire pipeline, extending from the lowest to
the topmost story of a building or structure, equipped with a shutoff
valve with hose outlets at every story and at ground level, and which
outlets may be on the exterior or interior of the building.
The purpose of this article is to establish procedures for the
annual care and maintenance of privately owned standpipes and fire
hydrants, which is necessary for the protection, benefit and preservation
of the health, safety and welfare of the inhabitants of the Borough
of West Mifflin and for visitors of the Borough of West Mifflin.
The Building Inspector's office, or its successors, is
hereby authorized and empowered to undertake within the Borough to
establish rules and regulations to require the annual testing of privately
owned fire hydrants and standpipes.
A.Â
All such rules and regulations adopted by the Building Inspector's
office shall conform with all applicable laws governing the subject
matter and rules and regulations of any administration agencies of
the Commonwealth of Pennsylvania, and said rules and regulations shall
conform to the following standards:
(1)Â
It shall require an annual testing of all fire hydrants and standpipes
situate within the Borough of West Mifflin between September 1 and
September 30 of the current year and for each calendar year thereafter.
(2)Â
It shall require the inspection to be done by a qualified person
such as a certified plumber, a public utility company, an engineer
or such other person who is deemed to have the education, expertise
and experience necessary to inspect the privately owned fire hydrants
and standpipes and to certify the same as operable.
(3)Â
The regulations will require a certification of operability or nonoperability
to be filed by the owner, lessee or person in control or possession
of the property under signature of the tester with the Building Inspector's
office on or before October 1 of the current calendar year.
(4)Â
The certification shall identify each and every fire hydrant and/or
standpipe which is or is not in good operable working condition as
discovered by the annual inspection.
(5)Â
The Building Inspector's office shall issue a notice that any
nonoperable fire hydrant and/or standpipe shall be repaired within
a period of time, not to exceed five days.
(6)Â
Any fire hydrant and/or standpipe which requires repair shall be
reinspected and recertified by a qualified testing person.
(7)Â
Any fire hydrant or standpipe not repaired within the time period
specified by the Building Inspector's office notice shall have
its occupancy permit revoked and be ordered to cease admitting the
public to the premises.
(8)Â
The cost of inspection, repair or reinspection shall be paid by the
owners or tenants, jointly or severally.
In addition to any other remedies provided in this article,
privately owned fire hydrants and standpipes which are inoperative
or which are not operating properly, and which are not repaired within
the time set forth by the Building Inspector's office to repair,
are declared a public nuisance, and the Borough may seek further mitigation
of the nuisance by the appropriate legal action, either equitable
or legal relief, from a court of competent jurisdiction.
A.Â
It shall be the duty of any person who owns, leases or uses property
upon which a privately owned fire hydrant or standpipe is located
to maintain the fire hydrant and standpipe in good operable condition
and in conformance with any other rules and regulations of the Borough
of West Mifflin and any other administrative agency of the Commonwealth
of Pennsylvania or Allegheny County. The Building Inspector's
office may disapprove and contest the accuracy of any certification
applicable to any privately owned fire hydrant or standpipe at any
time and may require the owner or the lessee and/or persons in possession
of the realty to reinspect and, if necessary, repair said fire hydrant
and standpipe at any time.
B.Â
Prior to any construction, repair or maintenance of any fire hydrant
or any standpipe, it shall be the duty of the owners, lessees, persons
in charge or persons in possession of the realty to contact the Building
Inspector's office and to make arrangements with the existing
fire companies in order to determine if new fire hydrant or standpipe
dimensions, or any replacement, are in conformity with the valve fittings
or nozzles of the fire company's fire hoses of the Borough of West
Mifflin's Fire Departments.
Any applicant or affected person may, within 10 days of a decision
of the Building Inspector's office, appeal such decision to the
Borough Council for a review. The request for a review shall be conducted
during the regularly scheduled meeting. The Borough Council may affirm
or reverse or modify the findings of the Building Inspector's
office. Any person or persons who are adversely affected by a decision
of the Borough Council may appeal to the court of competent jurisdiction
within 30 days of the date of the decision; provided, however, no
such appeal from a decision of the Building Inspector's office
or from that of Council of the Borough of West Mifflin shall act as
a stay to any decision rendered by the Building Inspector's office
or the Borough Council.
In applying the provisions of this article, they shall be interpreted
to be the minimum requirements for the promotion of the public health,
safety and general welfare. It is not intended to interfere with,
abrogate or annual any other ordinances, rules, regulations or permits
previously adopted or issued, except as amended hereby, or with any
other rules or regulations of any other administrative agency having
jurisdiction in this matter. Where this article imposes greater restrictions
upon the use of privately owned fire hydrants and standpipes, then
this article shall control. It is the intent of the Council of the
Borough of West Mifflin that the provisions of this article are severable.
Should any section or provision of this article, or subsequent amendments
hereto, be declared by a court to be unconstitutional or invalid for
any reason, such decision shall not affect the validity of the remainder
of this article or as a whole or the validity of any other section
or provision of this article other than the one so specifically to
be declared invalid.
[Amended 3-16-1999 by Ord. No. 1094]
Any person, firm or corporation who shall violate any provision
of this article, especially the failure to annually inspect, shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$1,000, plus costs, and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 30 days. In addition to any
other remedy or fine set forth in this article, the Building Inspector's
office and/or Zoning Officer may revoke the occupancy permit of realty
owners to abate the nuisance or danger of the nonoperable fire hydrant
and/or standpipe which are privately owned. The costs incurred to
abate the nuisance or danger, including the reasonable cost of attorneys'
fees, shall be subject to recovery by a civil suit in a court of competent
jurisdiction to recover the aforesaid legal cost by civil suit, which
jurisdiction may also include the Magisterial District Judge.
