[Ord. 1141, 9/19/2016]
This Part may be cited and shall be known as the "Borough of
Emmaus Fire Prevention and Life Safety Program," hereinafter referred
to as the "Fire Prevention Program."
[Ord. 1141, 9/19/2016]
The Fire Prevention Program is designed to reduce conditions
which would pose a threat to life, property and the environment through
a regular inspection and enforcement program.
[Ord. 1141, 9/19/2016]
1.
The Borough of Emmaus Council designates the Fire Inspector as the
official who shall inspect all commercial, industrial, institutional
and multifamily 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 an employee
under the supervision and control of the Borough of Emmaus Manager.
The designated official, the Fire 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.
Educational uses, child day-cares, assembly uses with a fifty-person
occupancy load or higher, institutional uses, factories, buildings
over three stories in height above grade plane, buildings of greater
than 20,000 square feet, and high-hazard uses shall be inspected annually.
3.
Other occupancies shall be inspected at two-year intervals.
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Example: Three-year inspection intervals shall be permitted
for low-hazard occupancies with a low fire load and an occupancy load
of fewer than 25 persons.
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4.
In buildings or structures containing more than one business, a separate
inspection shall be required for each business or commercial area.
Any areas under the control of the owner shall also require an inspection.
5.
Inspections shall be based on the fire, safety, and health code requirements
within the 2006 edition of the International Property Maintenance
Code, as amended, and all later versions adopted by the Borough of
Emmaus. The person(s) designated under this Part may, during hours
of operation or by agreement of the building owner/agent, enter any
public or private building for the purpose of inspection under the
Fire Prevention Program.
6.
Initial fire inspections shall be based on the same requirements
as the periodic Fire Safety Inspection Program. Initial fire inspections
will be conducted when a change in the business owner or the occupancy
within a commercial, industrial, or multifamily dwelling or building
occurs. A business owner or property owner must contact the Borough
of Emmaus Fire Inspector for notification and scheduling of an initial
inspection before an occupancy shall be allowed to open and operate.
7.
The Fire Inspector 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
Inspector and believes he/she does meet the intent of the Code by
other means, the owner/agent may file an appeal with the Building
Board of Appeals.
8.
Failure to allow access for the Fire Inspector to perform the scheduled
inspection(s) may result in violation of this Part. The Fire Inspector
may obtain an administrative search warrant to enter any property
or structure when an owner/agent denies access.
[Ord. 1141, 9/19/2016]
1.
The fees for the Fire Prevention Program shall be established by
the Borough of Emmaus Council and shall be set forth in the Borough
of Emmaus schedule of fees. Fees may be amended by resolution.
A.
The inspection fee shall cover the initial inspection and one reinspection
for each inspection cycle.
B.
Any additional reinspections shall be subject to an additional fee
until code compliance is achieved.
C.
Permit fees shall be assessed and collected along with the inspection
fee.
D.
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. 1141, 9/19/2016]
1.
Upon approval by the designated official, the business or property
owner will be issued a certificate of compliance.
[Ord. 1141, 9/19/2016]
All official records of inspections and certificates of compliance
shall be kept by the Borough of Emmaus Fire Code Official in the offices
of the Borough of Emmaus.
[Ord. 1141, 9/19/2016]
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. 1141, 9/19/2016]
Scheduling of the Fire Prevention Program inspections shall
be made by the Fire Inspector. It is the responsibility of the owner/occupant
to maintain all systems and premises in accordance with applicable
codes. If violations occur, then the 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 multiresidential properties, in which case the property manager
or building owner will be responsible for all repairs and fees.
[Ord. 1141, 9/19/2016]
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. 1141, 9/19/2016]
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 Borough of Emmaus in an amount not less than
$100 nor more than $1,000 and/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. 1141, 9/19/2016]
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 Borough of Emmaus Building Board
of Appeals.
