[Adopted 7-14-1987 by Ord. No. 235-A (Ch. 7, Part 1, of the 2010 Code
of Ordinances)]
The purpose of this article is to provide for the creation of
the office of Fire Marshal, to provide for an orderly process of firesafety
inspection for all structures within the municipal boundaries of the
Borough of Chalfont.
[Amended 12-18-2001 by Ord. No. 326]
The Borough Council shall appoint the Fire Marshal.
[Amended 12-18-2001 by Ord. No. 326]
A.
The Fire Marshal shall have the responsibility and authority to enforce all sections of the Borough Building and Firesafety Codes (see Chapter 180, Construction Codes, Uniform) pertaining to firesafety and/or construction within the Borough of Chalfont.
B.
The Fire Marshal shall investigate all complaints regarding firesafety
matters and shall take the appropriate action, including filing of
citations as necessary.
C.
The Fire Marshal shall make written report to the Borough Manager
of all such action.
D.
The Fire Marshal shall work with the Borough Building Inspector on
all plan reviews, at the discretion of the Council, and shall indicate
approval or disapproval of said plans.
E.
It shall also be the duty of the Fire Marshal to make recommendation
to the Council regarding firesafety matters, from time to time, as
necessary.
F.
In addition to the above, the Fire Marshal shall have the duty and
authority to enforce all Borough and state codes and ordinances pertaining
to the following:
(1)
Inspection of potential fire hazards.
(2)
Abatement of existing fire hazards.
(3)
Investigation of the cause, origin and circumstances of fires.
(4)
Control and use of all flammable liquids and flammable articles.
(5)
Review of building plans.
(6)
Building safety inspection.
(7)
Institutional firesafety drills.
(8)
Code reviews.
(9)
Other duties assigned by the President of the Borough Council.
The following words, terms and titles shall be held to mean
as follows, except when clearly indicated otherwise:
The Borough of Chalfont, Bucks County, Pennsylvania.
The Council of the Borough of Chalfont.
The Borough of Chalfont Fire Marshal.
The Commonwealth of Pennsylvania.
A.
The Fire Marshal shall receive compensation as approved by the Borough
Council according to the rate established by resolution of the Borough
Council, from time to time.
B.
Use of personal and/or municipal vehicles shall be in accordance
with instructions of the Council and/or the President of the Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Whenever the Fire Marshal shall disapprove an application, refuse
to grant a permit applied for or shall issue an order to eliminate
a dangerous or hazardous condition or when it is claimed that the
provisions of the code do not apply or that the true intent and meaning
of the code has been misconstrued or wrongly interpreted, the applicant
or person against whom such order has been issued may appeal from
the decision of the Fire Marshal to a Board of Appeals established
by resolution of the Borough Council in conformity with the requirements
of the relevant provisions of the International Fire Code and for
purposes set forth therein.
[Amended 12-18-2001 by Ord. No. 326]
The Borough Manager, Code Enforcement Officer and the Fire Marshal
shall act as a committee to determine or specify, after giving affected
persons an opportunity to be heard, any new materials, processes or
occupancies which shall require permits, in addition to those now
enumerated in said code. The Fire Marshal shall post such a list in
a conspicuous place in his office and distribute copies thereof to
interested persons.
[Amended 12-18-2001 by Ord. No. 326; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article
or any order made hereunder shall, upon conviction in a summary proceeding
under the Pennsylvania Rules of Criminal Procedure, be guilty of a
summary offense and shall be punishable by a fine of not more than
$1,000, plus court costs and reasonable attorney's fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the Borough correctional
facility for a period not exceeding 10 days or to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
Bucks County.
In addition to the penalty provided in § 209-17 of this article, the continuance and maintenance of any condition in violation of the provisions of this article or of the Fire Prevention Code[1] is hereby declared to be a nuisance, prejudicial to the
public health and safety of the Borough of Chalfont, and the Council
may abate such a nuisance and collect the costs thereof, together
with a penalty of 10% of the costs thereof, in a manner provided by
law for the collection of municipal claims or by an action in assumpsit
without filing the claim or by seeking relief in equity.
