[Ord. 12-2013-587, 12/19/2013, Art. II]
This Part may be cited and shall be known as the "Salisbury
Township Fire Prevention and Life Safety Program," hereinafter referred
to as the "Fire Prevention Program."
[Ord. 12-2013-587, 12/19/2013, Art. II]
The Fire Prevention Program is designed to reduce conditions
which would pose a threat to life, property and the environment through
an annual inspection and enforcement program.
[Ord. 12-2013-587, 12/19/2013, Art. II; as amended by Ord.
08-2014-588, 8/14/2014, Art. II]
1.
The Board of Commissioners designates the Fire Safety Inspector as
the official who shall annually inspect all commercial, industrial,
institutional and multi-family residential facilities/buildings according
to an established schedule. The designated official may, upon reasonable
belief or suspicion of hazard, inspect such facility as necessary
to ensure compliance with applicable codes. The designated official
shall be a sworn, non-civil service employee under the supervision
and control of the Chief of Police in the Salisbury Township Police
Department and shall obtain powers of enforcement through the Pennsylvania
Rules of Criminal Procedure. The designated official, Fire Safety
Inspector, will be the authority having jurisdiction (AHJ) pertaining
to the violations and repairs of properties within the scope of the
fire safety inspection program.
2.
Annual inspections shall be based on the fire, safety, and health code requirements within the 2012 edition of the Chapter 7, International Property Maintenance Code, as amended. The person(s) designated under this Part may, during hours of operation or by agreement of building owner/agent, enter any public or private building for the purpose of inspection under the Fire Prevention Program.
3.
Initial fire inspections shall be based on the same requirements
as annual fire inspections. Initial fire inspections will be conducted
when a change in business owner, business name, or occupancy change
within commercial, industrial and multi-family dwellings or buildings.
A business or owner must contact the Salisbury Township Fire Inspector
for notification and scheduling of an initial fire inspection before
an occupancy shall be allowed to open and operate.
4.
The Fire Safety Inspectors shall provide the owner/agent with a written
list of code violations, if any, and a date by which all violations
must be corrected. In cases where an owner/agent does not agree with
a violation(s) or the required corrective measures ordered by the
Fire Safety Inspector and believes they do meet the intent of the
Code by other means, the owner/agent may file an appeal with the Building
Code Board of Appeals.
5.
Failure to allow access for the Fire Safety Inspectors to perform
the scheduled inspection(s) may result in violation of this Part.
The Fire Safety Inspectors may obtain and administrative search warrant
to enter any property or structure when an owner/agent denies access.
[Ord. 12-2013-587, 12/19/2013, Art. II; as amended by Ord.
08-2014-588, 8/14/2014, Art. II]
1.
The fees for the Fire Prevention Program shall be established by
the Board of Commissioners and shall be set forth in the Salisbury
Township schedule of fees. Fees may be amended by resolution.
A.
The inspection fee shall cover the initial annual inspection and
one re-inspection for each inspection cycle.
B.
Any additional re-inspections shall be subject to an additional fee
until code compliance is achieved.
C.
All fees shall be collected after the completion of any Fire Prevention
Program inspection. Failure to submit payment by the specified date
will prevent the inspection and shall constitute a violation of this
Part.
[Ord. 12-2013-587, 12/19/2013, Art. II]
1.
Upon approval by the designated official, the business or property
owner will be issued a certificate of compliance.
[Ord. 12-2013-587, 12/19/2013, Art. II]
All official records of inspections and certificates of compliance
shall be kept by the Township Building Code Official in the offices
of the Township of Salisbury. Copies shall also be retained by the
Police Department Fire Prevention Program Division.
[Ord. 12-2013-587, 12/19/2013, Art. II]
If upon inspection it is the opinion of the designated official
that an immediate fire hazard or condition dangerous to human life
or property exists, the official is hereby authorized to order an
immediate evacuation of the premises and to secure the same until
such hazard or condition has been corrected.
[Ord. 12-2013-587, 12/19/2013, Art. II; as amended by Ord.
08-2014-588, 8/14/2014, Art. II]
Scheduling of the Fire Prevention Program inspections shall
be made annually by the Fire Safety Inspector. It is the responsibility
of the owner/occupant to maintain all systems and premises in accordance
with applicable codes. If violations occur, then owner, agent or occupant
is responsible to correct such violation as to be in compliance with
said codes. This will include vacant/not in use commercial, industrial,
institutional and multi-residential properties, in which case the
property manager or building owner will responsible for all repairs
and fees.
[Ord. 12-2013-587, 12/19/2013, Art. II]
The failure or neglect of any person designated by this Part
to comply with any order or directive issued by the designated official
under this Part, within the specified period of time and pursuant
to the provisions of this Part or applicable codes, shall be deemed
to be in violation of this Part.
[Ord. 12-2013-587, 12/19/2013, Art. II; as amended by Ord.
08-2014-588, 8/14/2014, Art. II]
1.
Any person, partnership, corporation, trust or other entity who or
which in any way violates any of the provisions of this Part or the
Code or who or which refuses to obey any lawful order issued thereunder
shall be liable, upon conviction in a summary jurisdiction, to pay
a fine or penalty to the Township of Salisbury and for the use of
said Township in an amount not less than $100 nor more than $1,000
or be sentenced to imprisonment in the county prison for a period
not exceeding 30 days, as provided by law.
2.
Prosecution of Violations. If the notice of violation is not complied
with promptly, the Fire Safety Inspector is authorized to institute
the appropriate legal proceedings at law or in equity to restrain,
correct or abate such violation or to require removal or termination
of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto.
3.
Each day of violation of this Part or applicable code shall be considered
a separate offense, for which the fines and penalties stated herein
may be imposed on a daily basis.
[Ord. 12-2013-587, 12/19/2013, Art. II]
Any person, partnership, corporation, trust or other entity
aggrieved or affected by any provision of this Part or any code issued
thereunder may appeal the same to the Salisbury Township Building
Code Board of Appeals.
[Ord. 12-2013-587, 12/19/2013, Art. II]
The provisions of this Part are severable. If any sentence,
clause or section of this Part is for any reason found to be unconstitutional,
illegal or invalid, such decision shall not affect the validity of
any of the remaining provisions of this Part. It is hereby declared
as a legislative intent that this Part would have been adopted had
such unconstitutional, illegal or invalid provision been included
herein.
[Ord. 12-2013-587, 12/19/2013, Art. II]
This Part shall take effect 60 days after the adoption thereof.
[Ord. 12-2013-587, 12/19/2013, Art. II]
All ordinances or resolutions or parts of ordinances or resolutions,
in so far as they are inconsistent herewith, shall be and the same
are hereby repealed.
[Ord. 12-2013-587, 12/19/2013, Art. III; as amended by Ord.
08-2014-588, 8/14/2014, Art. III]
The following sections of Chapter 7 of the International Property Maintenance Code are hereby amended to read as follows:
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A.
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Means of Egress-Delete [F] 702.1 General.
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Replace With: A safe, continuous and unobstructed
path of travel shall be provided from any point in a building or path
of travel shall be provided from any point in a building or structure
to the public way.
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B.
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Means of Egress-Delete [F] 702.2.
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C.
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Fire-Resistance Ratings-Delete [F] 702.3 Locked Doors.
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Replace With: Locked Doors-all means of egress
doors shall be readily openable from the side from which egress is
to be made without the need for keys, special knowledge or effort.
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D.
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Fire Protection Systems-Delete [F] 704.1 General.
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Replace With: All systems, devices and equipment
to detect a fire, actuate an alarm, or suppress or control a fire
or any combination thereof shall be maintained in an operable condition
at all times. All inspections shall be conducted in accordance with
the latest edition of the following NFPA (National Fire Protection
Association) Standards, as amended:
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Add:
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NFPA 10-
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Standard for Portable Fire Extinguishers
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NFPA 12-
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Standard on Carbon Dioxide (CO2) Fire Extinguishing Systems
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NFPA12A-
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Standard on Halon 1301 Fire Extinguishing Systems
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NFPA 17-
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Standard on Dry Chemical Extinguishing Systems
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NFPA 17A-
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Standard on Wet Chemical Extinguishing Systems
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NFPA 25-
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Inspection, Testing & Maintenance of Water-Based Fire Protection
Systems
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NFPA 30-
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Flammable and Combustible Liquids Code
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NFPA 30A-
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Code for Motor Fuel Dispensing Facilities and Repair Garages
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NFPA 55-
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Compressed Gases+ Cryogenic Fluids Code
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NFPA 70-
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National Electrical Code
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NFPA 72-
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National Fire Alarm and Signaling Code
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NFPA 80-
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Standard for Fire Doors and Other Opening Protectives
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NFPA 96-
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Standard for Ventilation Control and Fire Protection of Commercial
Cooking Operations
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NFPA 99-
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Healthcare Facilities Code
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NFPA 101-
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Life Safety Code
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NFPA 705-
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Recommended Practice for a Field Flame Test for Textiles and
Films
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NFPA 909-
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Code for the protection of cultural resource properties-museums,
libraries and places of worship
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NFPA 2001-
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Standard on Clean Agent Fire Extinguishing Systems
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[Ord. 12-2013-587, 12/19/2013, Art. IV; as amended by Ord.
08-2014-588, 8/14/2014, Art. IV]
The Police Chief and Township Manager shall develop rules and
regulations for the development of the Fire Prevention Program with
input from all Township departments, including the two volunteer fire
departments, having direct knowledge of fire inspections matters.
The Fire Safety Officer Inspector shall create an inspection checklist
to assure compliance with this Part.
