[Adopted 4-14-2005 by Ord. No. 1738]
This article may be known and cited as the "Residential Water
Sprinkler Ordinance."
Mayor and Council finds that there is a greater likelihood of
serious bodily injury, loss of life and loss of property in multiple-family
residential buildings having more than two dwelling units which are
not equipped with residential water sprinkler fire suppression systems.
The Mayor and Council further finds that it is in the best interest
and general welfare of the citizens of the City of Washington to require
all newly constructed multiple-family residential buildings having
more than two dwelling units which are located within the City to
be equipped with a residential water sprinkler fire suppression system.
The Mayor and Council also find that the procedures, fees and penalties
provided herein are necessary to achieve the purposes of this article.
Unless the context specifically and clearly indicates otherwise,
the meanings of the terms used in this article shall be as follows:
A written document from the City stating that a newly constructed
multiple-family residential building is in compliance with the requirements
of this article regarding the installation of a residential water
sprinkler fire suppression
system.
The City of Washington.
The City of Washington Code, as the same may be from time
to time amended.
All buildings and structures, or parts thereof, in which
two or more families or households live, or in which sleeping accommodations
are provided for individuals, with or without dining facilities. For
purposes of this article, multiple-family residential buildings shall
include: a) all hotels, motels, boardinghouses and similar buildings
arranged for shelter and sleeping accommodations; b) all multiple-family
dwellings having two or more dwelling units, including, but not limited
to, all apartment buildings, condominiums, townhouses, dormitories,
boardinghouses, carriage houses (duplex), and similar buildings arranged
for shelter and sleeping accommodations, in which the occupants are
primarily not transient in nature.
Any person, syndicate, association, partnership, firm, corporation,
trust, estate, institution, agency, authority or other entity recognized
by law as the subject of rights and duties.
A packaged system of components designed to be installed
according to pre-tested limitations as listed by nationally recognized
testing laboratory.
An integrated system of piping connected to a water supply,
including a control valve and a device for actuating an alarm when
the system operates, with listed sprinklers which will be automatically
activated to discharge water over a fire area.
A system employing automatic sprinklers attached to a piping
system containing water and connected to a water supply which is automatically
actuated by fire to discharge water over a fire area.
After the effective date of this article, it shall be unlawful
for any person to offer for occupancy to members of the public and/or
to occupy any newly constructed multiple-family residential building
without first obtaining a certificate of compliance from the City.
After the effective date of this article, all newly constructed
multiple-family residential buildings shall be equipped with a functional
sprinkler system limited to a pre-engineered system which meets the
standard Chapter 13 requirements (13A, 13D, 74) of the National Fire
Protection Association (hereinafter referred to as "NFPA"), for a
wet system style and designation. It is recommended that the sprinkler
system be installed during the course of building construction by
either the owner, developer and/or contractor; provided, however,
in no event will a certificate of compliance or occupancy permit be
issued by the City until the required sprinkler system is installed
and is functional. In addition, an annual sprinkler inspection will
be required pursuant to NFPA regulations. This inspection will be
performed by the City Fire Department or the City Code Enforcement
Officer.
Any person offering for occupancy any newly constructed multiple-family
residential building within the City (hereinafter referred to as "applicant")
shall make application on a form furnished by the City at least 21
days before the anticipated date of occupancy. The applicant shall
then have a qualified individual, either a certified plumber or a
certified water sprinkler fire suppression system contractor approved
by the City (hereinafter referred to as "inspector"), inspect the
sprinkler system in the multiple-family residential building to be
occupied. Such inspector shall complete the appropriate portions on
the form and certify that the sprinkler system has been inspected
and is properly connected to a source of water supply. The inspector's
certification will be delivered to the City Clerk or his designee
(hereinafter referred to as "City official"), who shall then inspect
the sprinkler system in the multiple-family residential building to
be occupied to determine whether the sprinkler system satisfies the
requirements of the NFPA. The City official shall completed the appropriate
portions on the form and certify that the sprinkler system has been
inspected and is in compliance with the NFPA requirements. In the
event that the sprinkler system is properly certified by both the
inspector and the City official, the City Clerk or his designee shall
issue a certificate of compliance upon payment of such fees as may
be established by resolution of City Council. If either inspection
discloses the nonexistence, misplacement, malfunctioning or failure
to comply with the NFPA requirements for the sprinkler system, no
certificate of compliance will be issued until a properly placed and
functioning sprinkler system is installed and certification of such
installation by the inspector and City official is received.
The City Clerk is hereby empowered to undertake the duties imposed
by this article, including, but not limited to, establishing the form
of applications and inspector and City official certifications.
The Mayor and Council may, by resolution, change from time to
time the fees authorized in this article.
Nothing in this article shall limit in any fashion whatsoever
the City's right to enforce its ordinances or the laws of the
commonwealth. Nothing in this article shall be a defense to any citation
issued by any municipal corporation of the commonwealth pursuant to
any other municipal corporation of the commonwealth pursuant to any
other law or ordinance.
A.
Any person who violates any provision(s) of this article may be charged
with such violation and, upon conviction thereof, shall be sentenced
to pay a fine of not less than $50 and not more than $1,000 for each
violation or, alternatively, sentenced to pay a fine of not more than
the maximum permitted under Pennsylvania law, as the same may be from
time to time amended and in effect as of the date of conviction. In
default of imposed fines or penalties, the offender may be imprisoned
in the County Jail for a term not to exceed 30 days.
B.
In addition to and not in lieu of the foregoing, the City may seek
equitable and legal relief to compel compliance with this article.
All sprinkler systems required to be installed in certain residential
structures situate in the City shall be inspected upon the following
occurrences:
A.
From and after the effective date of this article, upon any change
in interest, leasehold or ownership; the initial inspection being
at no cost to the owner of the premises.
B.
On an annual basis, to be determined by resolution of the Mayor and
Council, for which there shall be a fee of $10 to cover administrative
costs and expenses for said inspection. Furthermore, the Mayor and
Council may, by resolution, adjust the aforesaid inspection fee for
increased administrative costs and expenses.
C.
The Chief of the City Fire Department is the designated official
by the City to conduct the inspections required by this article. In
his absence, the Chief shall designate a qualified individual to conduct
said inspections.
It shall be the obligation of the owner of all property situate
in the City in which is located a fire suppression or sprinkler system
to register with the City the existence of the same and to provide
notice to the City of change in occupancy, leasehold or otherwise,
or change in ownership.
The City shall provide forms for the purposes set forth in §§ 138-20
through 138-24 of this article, and the Mayor and Council may, from
time to time by resolution, promulgate the rules, regulations and
the adoption of said forms for purposes of §§ 138-20
through 138-24 of this article.
No owner or occupant of any real property located in the City,
leasehold or otherwise, shall obtain an occupancy permit, zoning permit
or municipal lien letter without first obtaining a required inspection
as set forth herein and thereby paying all applicable fees associated
with the same.
Should any sprinkler or fire suppression system having been
inspected as set forth herein, be deemed inoperative or defective,
the City shall issue a notice to take corrective measures. All corrective
measures shall be applied to any occupancy or use of the premises.
The Fire Chief and the City Clerk shall make the determination as
to any corrective measures which are necessary. The same shall be
provided in writing to the owner of the premises within five days
of the date of the inspection.
Any person, firm, corporation, business entity or any other
owner or occupant of whatever nature of real property who violates
any provision of §§ 138-20 through 138-24 of this article
shall be fined a sum of $100 per day, each day constituting a separate
offense under §§ 138-20 through 138-24 of this article.
Without limiting the foregoing, the City shall have all powers vested
in it by the Third Class City Code[1] or any other laws of the Commonwealth of Pennsylvania
or in law in equity to seek any and all relief, including, but not
limited to, injunctive relief in the Court of Common Pleas of Washington
County, in order to prevent occupancy of any building or structure
when the owners or occupants of which have not complied with §§ 138-20
through 138-24 of this article.
[1]
Editor's Note: See 11 Pa.C.S.A. § 10101 et seq.
