This article shall be known and may be cited as the "Greenville
Borough Fire Code Property Inspection and Licensing Ordinance."
[Amended 12-8-2015 by Ord. No. 1551]
The provisions of this article shall apply annually to all commercial
properties both vacant and occupied, and constitutes minimum requirements
and standards for premises, structures, equipment and facilities for
egress, cooking equipment, utility controls, general precautions,
fire protection water supplies, and fire protection systems; and shall
govern the inspection, maintenance, and issuance of licenses annually
for fire code inspections in the Borough of Greenville, Mercer County,
Pennsylvania.
Where there is a conflict between a general requirement and
a specific requirement, the specific requirement shall govern. Where,
in a specific case, different sections of this article specify different
requirements, the most restrictive shall govern.
Repairs, additions or alterations to a structure, or changes
of occupancy, shall be done in accordance with the procedures and
provisions of the Uniform Construction Code of Pennsylvania, International
Building Code, International Plumbing Code, International Property
Maintenance Code, International Fire Code, NFPA 101 Life Safety Code,
and NFPA 70 National Electrical Code.
The provisions of this article shall not affect any act done,
or liability incurred, nor shall they affect any suit or prosecution
pending or to be instituted to enforce any right or penalty or to
punish any offense under the authority of any of the ordinances in
place prior to the adoption of this article.
No structure, the construction and use of which complied with
all code and other such requirements in effect at the time of construction,
shall be required to be altered in use or structure by the provisions
of this article, except in the case of a clear public safety hazard.
In the case of a clear public safety hazard, the Fire Inspector, or
a designated representative of the Building Code Official (BCO), in
conjunction with the Code Office, shall be authorized to enforce provisions
of this article, or other recognized relative ordinances, retroactively.
[Amended 12-8-2015 by Ord. No. 1551; 1-9-2017 by Ord. No. 1567; 1-10-2022 by Ord. No. 1617; 12-12-2022 by Ord. No. 1627]
A. License required. No owner shall lease, operate, rent or allow to
occupy any commercial property in the Town of Greenville unless the
required inspection process has been conducted, regardless of occupancy
status. Any commercial property that is occupied by anyone other than
the owner of record must submit a copy of the written, signed lease
with their tenants/occupants. Copies of signed leases for occupied
properties shall be submitted at the time of application and upon
any change in occupant.
(1) In no case shall the existence of any agreement between the owner
and occupant relieve the owner of any responsibility under the article
or other ordinances or codes for property maintenance or inspection
of the premises inclusive of articles of agreement, land contracts,
or any other form of rent-to-own agreements.
(2) No commercial properties shall exist, no matter the occupancy status,
without the minimum property insurance coverage of replacement costs
and liability coverage in the amount of $200,000. Copies shall be
provided annually with the fire code property inspection and licensing
application.
B. Application. Applications for inspection and licensing shall be made
annually to the Administration Office on forms furnished by the Borough
of Greenville, which applications shall include:
(1) The name, address, telephone number, and email of the owner, or the
owner's authorized agent, and of the operator or person responsible.
Every owner who is not a full-time resident of the Borough of Greenville,
and who does not reside within a fifty-mile radius of the Borough,
shall designate a person-in-charge or property manager who shall reside
within a fifty-mile radius of Greenville, Pennsylvania.
(2) The location of the structure by street and number.
(3) The number of units available for occupancy at a single address,
structure or premises.
(4) Name of current occupant at the time of licensing.
(5) Current business name at the time of licensing.
(6) Such other related information as the Administration Office may reasonably
require.
C. Inspection procedures. Upon completion of the Fire Code Licensing
Application, the Fire Inspector, or a designated representative of
the BCO, shall conduct a property inspection to include all unoccupied
portions of the building. The Fire Inspector, or a designated representative
of the BCO, having found no violations as identified in the adopted
codes, shall upon receipt of payment for inspection, provide the property
owner with a signed license that shall be valid for one year from
month of initial inspection. Having found violations to be present,
the Fire Inspector, or a designated representative of the BCO, shall
inform the property owner in writing of the violations per the code
reference and administer fees where applicable. The fire code license
shall not be issued until all violations are abated and applicable
fees are paid.
(1) Notification of inspection.
(a)
The property owner or owner-designated representative shall
schedule the inspection with the Town and complete all required inspections
before the end of the expiration month of record.
(b)
The property owner shall inform the current occupants of the
scheduled inspection.
(c)
Access to the property for the purpose of conducting an inspection
shall be the sole responsibility of the owner or the owner-designated
representative.
(d)
If the property is not inspected within the time frame set forth
above, the Fire Code License shall be suspended. The subject premises
shall be vacated within 10 days of revoking the license, at the owner's
expense, and shall not be offered to others for occupancy until the
property is in compliance with this article. The Town of Greenville
reserves the right to file at the District Magistrate's office
to obtain compliance.
(2) Inspection procedures.
(a)
The inspection will be conducted by the Fire Inspector or a
designated representative of the BCO.
(b) No inspection will be conducted unless the owner and/or the occupant
or a designated representative of the owner and/or occupant is present.
This person must be at least 18 years of age or older.
(c)
The Fire Inspector, or a designated representative of the BCO,
shall follow standard inspection procedures.
(d)
All inspections shall be conducted during regular business hours.
After-hours and Saturday inspections may be scheduled, provided the
date and times are mutually agreed upon by the owner and the Fire
Inspector, or a designated representative of the BCO.
D. Issuance or refusal. The BCO shall issue a Fire Code Property Inspection
License to the applicant upon proof that all of the following requirements
have been satisfied:
(1) Zoning use permit has been issued for the purpose for which it will
be used;
(2) A fire code property inspection has been completed;
(3) The structure complies with the provisions of this article and all
other applicable codes and/or ordinances;
(4) The proper fees have been submitted for the fire code property inspection.
(5) There are no outstanding sewer bills.
(6) All municipal taxes owed are paid to date.
(7) The stormwater utility fee is paid to date.
(8) The
fire service fee is paid to date.
(9) There are no outstanding garbage bills, and the service is current
if occupied.
(10)
Copy of written lease agreement between property owner and tenant.
(11)
Copy of insurance coverage with a minimum coverage with replacement
costs and a minimum of liability coverage in the amount of $200,000.
E. Exemptions.
(1) Any property that is regulated by the Section 8 Housing program and
has at least a biennial inspection is exempt from the fire code inspection.
The report will need to be provided to the Borough to make this exemption.
A Fire Code Property Inspection License will still be required under
the provision of this article.
F. Fees. The fees for a Fire Code Property Inspection License shall
be established by resolution of Borough Council and may be amended
from time to time.
G. Billing procedures.
(1) Billing procedures, passed inspection.
(a)
Upon passage of the initial inspection, the property owner will
receive signed documentation of the inspection along with an invoice
for the appropriate fees that shall be paid within 30 days.
(b)
If payment is not made after 30 days, the Borough will take
steps to ensure payment is received, including but not limited to
a courtesy letter and/or filing at the Magistrate's Office.
(c)
Once payment is received and all provisions listed in §
222-49D have been met, the Fire Code Property Inspection License will be issued to the property owner.
(2) Billing procedures - failed inspection.
(a)
Upon failure of the initial inspection, the property owner will
receive signed documentation of the failed inspection along with the
date and time of the re-inspection.
(b)
When the re-inspection passes, the property owner will receive
an invoice for the appropriate fees that shall be paid within 30 days.
(c)
If payment is not made after 30 days, the Borough will take
steps to ensure payment is received, including but not limited to:
courtesy letter and/or filing at the Magistrate's office.
(d)
Once payment is received and all provisions listed in §
222-49D have been met, the Fire Code Property Inspection License will be issued to the property owner.
H. Transferability. Fire Code Property Inspection License shall be transferable
upon change of ownership, providing the permitted use has not changed.
If the permitted use has changed, another fire code inspection is
required at no charge to update the permitted use for that business.
The new owner or designated operator is required to promptly notify
the Administrative Office upon change of ownership.
[Amended 12-8-2015 by Ord. No. 1551; 12-12-2022 by Ord. No. 1627]
A. The Town of Greenville shall send a letter with a blank application
60 days before the Fire Code Inspection License is set to expire making
the property owner aware of the pending deadlines.
B. Application process. Any property that is discovered by the Town
that qualifies for a Fire Code Property Inspection License, the property
owner shall submit all applications, schedule, and complete all required
inspections to receive their license and set their expiration month
of record.
C. Annual application. Fire Code Property Inspection Licenses shall
be valid for one year from the month of issuance and shall be renewed
annually.
D. Existing Fire Code properties. Concerning existing fire code properties requiring renewed licenses as required by §
222-43 herein, the property owner shall submit all applications, schedule, and complete all required inspections, and comply with §
222-49D before the end of the expiration date of record.
[Amended 12-8-2015 by Ord. No. 1551]
A Fire Code Property Inspection License shall be renewed annually
on or before the date of expiration; except in the event that a violation
should occur. The permit and license fee shall be as follows:
A. Fire code property inspection and license. As provided by resolution
by Borough Council and as amended from time to time.
B. Reinspection for failed inspection(s). If violations are found and
correction is required and a reinspection is required to verify compliance,
the initial reinspection shall be at no cost. Fees for subsequent
reinspections required to verify compliance shall be established by
resolution by Borough Council and as amended from time to time.
That nothing in this article hereby adopted shall be construed
to affect any suit or proceeding pending in court, or any rights acquired
or liability incurred or any cause or causes of action acquired or
existing, under any act or ordinance hereby repealed as cited in this
article; nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this article. If any portion of this
article is ruled invalid by a court of competent jurisdiction the
remainder shall remain in full effect.