As used in this article, the following terms shall have the
meanings indicated:
PERSON
Includes person, persons, firm or corporation.
The Fire Marshal and/or his appointed inspectors may, at all
reasonable hours, enter any building or premises within his jurisdiction
for the purpose of making an inspection or investigation which, under
the provisions of this article, he or they may deem necessary.
It shall be the duty of the Fire Marshal and/or his inspectors
to inspect all places of assembly at least once yearly so as to ensure
compliance with all laws, regulations and orders dealing with overcrowding,
use of decorations, maintenance of exitways and maintenance of fire
appliances in such places. Where conditions are found to be unsatisfactory,
written orders for immediate correction shall be given.
Whenever the Fire Marshal and/or his inspectors shall find any
building or other structure which, for want of repairs, lack of sufficient
fire escapes or fire extinguishing equipment or by reason of dilapidated
condition, or for any cause, is especially liable to fire and which
is so situated as to endanger other property, and whenever such officer
shall find in any building combustible or explosive matter dangerous
to the safety of such building, he shall order such dangerous conditions
to be removed or remedied in such manner as may be specified by the
Fire Marshal.
The Fire Marshal shall investigate the cause, origin and circumstances
of every fire occurring in the Borough involving loss of life, injury
to person or by which property has been destroyed or damaged, and
so far as possible, shall determine whether the fire is the result
of carelessness or design. Such investigations shall be begun immediately
upon the occurrence of a fire by the Fire Marshal and/or his inspectors,
and if it appears that such a fire is of suspicious origin, he shall
take charge of the physical evidence and notify the proper authorities
designated by law to pursue the investigation of such matters and
shall further cooperate with the authorities in the collection of
evidence and prosecution of the case.
Nothing in this article shall be construed as applying to the
transportation of any article shipped in conformity with the regulations
prescribed by the Interstate Commerce Commission, nor as applying
to the military or naval forces of the United States.
The intent of this article, in addition to matters hereinbefore
enumerated, is to safeguard and restrict the storage, handling and
use of dangerous and hazardous materials to a reasonable degree with
respect to injury to persons and destruction of property. Installation,
construction and safeguards shall be provided in a standard modern
and approved manner. Compliance with standards of the State Fire Code
shall be prima facie evidence of such approved manner.
This article shall not be construed to affect the responsibility
of any party owning, operating or installing any equipment for damage
to persons or property caused by any defect therein, nor shall the
Borough be held as assuming any such liability by reason of the inspection
or reinspection authorized herein or by reason of the approval or
disapproval of any equipment authorized herein.
[Amended 10-19-1981 by Ord. No. 587]
A. Any and all persons who shall violate any of the provisions of this article or fail to comply therewith, or who shall fail to comply with any order or regulation thereunder, shall severally, for each and every such violation and noncompliance, respectively, forfeit and pay a penalty as set forth in Chapter
1, §
1-1, of this Code. The imposition of one penalty for any violation of this article shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.
B. The application of the above penalty shall not be held to prevent
the removal of prohibited conditions.