[Adopted 11-19-2008 by Ord. No. 1533]
As used in this article, the following terms shall have the meanings indicated:
The Fire Marshal has received reliable information that a condition exists in the Borough which is or may be in violation of the code. It shall also include circumstances which would reasonably lead one to believe that a fire has occurred or where there is a fire in a structure.
A document to be issued by the Fire Marshal following a fire inspection where he has found no deficiencies which may reasonably endanger personal safety or property and where he has found no fire hazards or violations of the code.
The 2006 International Fire Code.
Circumstances which exist which allow one to reasonably conclude that there is an imminent threat to safety due to a fire hazard.
Any condition, whether in a structure or not, which presents a danger of a fire or which is contrary to the code.
The Munhall Borough Fire Chief and Deputies as they may be appointed from time to time by Borough Council to enforce the terms of this article and others relating to fires, fire prevention and to enforce the code.
To physically go upon the land and into any structure for the purpose of determining whether or not there are violations of the code or a fire hazard.
Includes all structures of any nature which are not residential, including commercial, multiunit apartments, condominiums and industrial properties.
Includes single-family dwellings and apartment buildings containing three or less residential units.
Any building, edifice, improvement or construction on land, whether permanent or temporary, whether in use or not, whether occupied or not.
Borough Council shall from time to time appoint persons to act as Fire Marshal and Deputies to enforce the code, and to carry out other duties as set forth herein. Such appointees shall serve at the pleasure of Council. In addition to the Fire Marshal, the Code Enforcement Officer, Building Inspector or any authorized police officer are authorized to enforce the terms of this article, related fire ordinances and the code. Collectively, when the Office of Fire Marshal is used herein, it shall include the other officers and persons identified in this section.
The Fire Marshal shall have the authority to inspect any structure or go upon any land in the Borough for the purpose of determining whether such structure or land is in compliance with the code, or if there is cause as defined herein. Moreover, a fire inspection is mandatory upon the transfer of ownership of nonresidential property or land with a structure thereon by deed, will, intestate succession, or entering into a lease for a term longer than five years.
No Building Inspector, Borough Secretary, Manager, Code Enforcement Officer or other Borough official shall issue an occupancy permit to any owner, prospective owner or occupant of land with a structure thereon which must undergo a fire inspection as mandated herein and which has not received a satisfactory certificate of inspection. Moreover, it shall be unlawful for any owner, tenant or occupier of land to occupy or permit the occupancy of a structure where such structure has not been inspected when required to be inspected under the terms of this article, or if it has been inspected, it has not received a satisfactory certificate of inspection.
The Fire Marshal shall have the authority to enforce the terms of this article and the code, or any successor law or other ordinance relative to fire or fire prevention. Such authority shall extend to ordering the elimination of fire hazards or the abatement of practices which he finds, in his discretion, to be fire hazards pursuant to the code, whether such conditions are in a structure or not. The Fire Marshal is authorized to make forms to carry out his duties and appeals under this article. In the event of an emergency, the Fire Marshal shall have the authority to go upon any land for the purpose of alleviating or removing the cause of an emergency.
In the event the Fire Marshal determines, in his discretion, that a structure or land should be inspected, he shall make a reasonable effort to locate the owner or occupier of the land and make a demand to inspect the land. If the owner or occupier cannot be located, refuses or fails to accommodate the Fire Marshal, the latter shall have the authority to apply for a search warrant from the Magisterial District Judge or such other authority authorized to issue search warrants. Borough police officers are authorized to assist and accompany the Fire Marshal when he carries out his search with a warrant.
Fees levied by the Borough of Munhall for fire inspections shall be paid to the Borough. A certificate of inspection shall not be issued until the fee is first paid to the Borough Secretary. Fees may be adjusted from time to time by Borough Council by resolution and shall be set so that they will defray the cost of conducting inspections and the administration of this article.[1]
Any person or entity aggrieved by a decision of the Fire Marshal may, within 30 days of the decision, file an appeal to the Hearing Appeals Board of Munhall Borough in writing by delivering the same to the Borough Manager at the Borough Building, and paying the applicable appeal fee.
The Board shall be composed of three residents of the Borough selected by Council at its sole discretion and shall serve at the pleasure of Council. They shall be selected in accordance with the code. The Board shall sit as an adjudicatory body pursuant to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.
Any person or entity found to be in violation of this article shall be subject to a civil fine as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Munhall for each violation. If a hazardous condition is not remedied after being ordered to be so remedied by the Fire Marshal, each day shall be a separate violation.