[Adopted 2-25-2015 by Ord. No. 317 as Ch. 10, Art. IV, of the 2015 Pittsfield
Charter Township Code]
The purpose of this article is to provide for the inspection
of nonresidential premises to ensure compliance with the International
Fire Code and applicable statutes and ordinances and to enhance the
prevention of fires and the protection of persons and property from
exposure to the dangers of fire and explosion through the issuance
of certificates of compliance.
The Chief of the Fire Department and/or the Fire Marshal shall
have the power to modify any of the provisions of the Fire Prevention
Code upon application, in writing, by the owner or lessee of premises,
or his duly authorized agent, when there are practical difficulties
in the way of carrying out the strict letter of the code, provided
that the spirit of the code be observed, public safety secured, and
substantial justice done. The particulars of such modification when
granted or allowed and the decision of the Chief of the Fire Department
and/or the Fire Marshal thereon shall be entered upon the records
of the Department and a signed copy shall be furnished the applicant.
A.
Nonresidential structures shall be classified by use according to
the classifications and definitions used in the 2009 International
Fire Code. The owner and/or lessee of each such structure shall obtain
a certificate of compliance from the Fire Department certifying that
the premises has been inspected for firesafety. Certificates shall
be valid for the following time periods which vary according to the
use of the structure:
(1)
Group One — certificate duration two years.
(a)
Assembly use.
(b)
Theaters, etc.
(c)
Nightclubs, etc.
(d)
Libraries, etc.
(e)
Churches, etc.
(f)
Outdoor assembly.
(g)
Factory and industrial use.
(h)
Moderate hazard.
(i)
Low hazard.
(j)
High hazard use.
(k)
Educational use.
(l)
Institutional use.
(m)
Mixed use and occupancy.
(n)
Mercantile use.
B.
If occupancy(s) of a structure consists of multiple use groups which
have different specified certificate durations in cases where the
secondary use is 10% or less of the total commercial square footage
of the structure, the primary use certificate term shall be applied.
Schedule of fees. The fee schedule for certificate inspections
and reinspections shall be established by resolution of the Township
Board of Trustees upon the recommendation of the Supervisor.
Whenever the Chief of the Fire Department and/or the Fire Marshal
shall disapprove an application or refuse to grant a certificate applied
for, or when it is claimed that the provisions of the code do not
apply or that the true intent and meaning of the code have been misconstrued
or wrongly interpreted, the applicant may appeal the decision of the
Chief of the Fire Department and/or the Fire Marshal to the Construction
Board of Appeals who shall conduct the appeal in accordance with the
provisions contained in 2009 International Fire Code, Appendix A,
Board of Appeals, within 30 days from the date of the decision appealed.
The Director of Public Safety or his/her designee or any authorized
officer, agent, employee or representative of the Township who presents
credentials may inspect any property for the purpose of ascertaining
compliance with the provisions of this article.
A.
Certified personnel of the Department of Public Safety, authorized
fire officials and Township code enforcement personnel are authorized
to enforce the provisions of this article.
B.
A violation of this article is a municipal civil infraction.
C.
Any individual, firm, association, partnership, corporation, limited liability company, consortium, governmental entity, or any other legal entity who violates any of the provisions of this article or fails to comply with a duly authorized order issued pursuant to this article may be issued a municipal civil infraction subject to the penalties established by Chapter 2, Article V, Municipal Civil Infractions; Civil Fines and Penalties, of the Pittsfield Charter Township Code.
