Borough of Canonsburg, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Canonsburg 9-14-2015 by Ord. No. 1323. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have the meaning respectively ascribed to them in this section unless from the particular context it clearly appears that some other meaning is intended. Other than words in this section, those words which are defined in the International Fire Code, 2009 Edition, shall have the same definition as that employed in the International Fire Code, 2009 Edition.
EXISTING
Buildings, facilities, or conditions that are already in existence or constructed, or officially authorized prior to adoption of this code.
NEW
Buildings, renovations, additions, facilities or conditions not in existence prior to the adoption of this code. Such buildings, facilities or conditions shall be regulated by the Pennsylvania Uniform Construction Code, as amended.
A certain document, a copy of which is on file in the office of the Borough Clerk, being marked and designated as the International Fire Code, 2009 edition, including appendix chapters, as published by the International Code Council, is hereby adopted as the fire code of the Borough of Canonsburg, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said fire code on file in the office of the Borough Clerk are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes prescribed in § 97-3 of this chapter.
A. 
The following sections are hereby revised:
(1) 
In Section 101.1 insert: Borough of Canonsburg, Pennsylvania.
(2) 
In Section 109.3 insert: Misdemeanor, not less than $300 or more than $1,000 and 90 days.
[Amended 7-18-2016 by Ord. No. 1328]
(a) 
Add Section 109.3.2. Enforcement.
Such offensive condition as set forth in Section 109.1 hereof, coming to the attention of the Canonsburg Council or the Borough Manager, shall cause to be served by said duly appointed representative of the Borough, notice upon the owner of such persons responsible under the law for the maintenance of the offending property, to correct the offending condition within 10 days, (although 30 days may be allowed in matters of large structures, etc.). Such consideration shall be solely at the discretion of the representative charged in the enforcement of this chapter.
In the event such owner or such other person not reside in the Borough, the notice shall be given by certified mail, or in the event they are unknown, then by posting upon the offending premises. Should such notices by mail be returned as undeliverable for any reason, notification shall be deemed to have been attempted and shall suffice under the requirements of this chapter.
(b) 
Add Section 109.3.3. Inspection.
Borough representatives shall have the right to inspect buildings or structures to determine violations of or compliance with this chapter. Borough representatives may exercise this right to inspection by consent of the person having the right to possession of the building or structure or any part thereof, or by administrative search warrant.
(c) 
Add Section 109.3.4. Penalty.
If the owner in violation of this chapter, to whom or which a notice has been sent, fails to comply with such notice within the time limit prescribed therein, he or she shall be guilty of a violation of this chapter, and upon conviction thereof, shall be sentenced to pay a fine of up to $1,000 and the costs of prosecution. Each day that such a nuisance exists shall constitute a separate violation of this chapter.
(d) 
Add Section 109.3.5. Forced mitigation/abatement.
In the event that the offending condition not be corrected within 10 days after serving, mailing or posting as required by Section 109.2 hereof (or such longer period as the Borough shall grant depending upon the reasonableness of the case), then the Borough may, through the Borough employees or by a private contractor, enter upon the offending property and correct the condition violating this chapter. The actual cost of such action, together with a penalty of 25% of such cost shall be assessed and collected in the manner provided by law for the collection of municipal claims, or by the attachment of a lien against said property, whichever method the Borough may deem to be expedient.
(3) 
In Section 111.4 insert: Fine of not less than $500 or more than $1,000.
B. 
The geographic limits referred to in certain sections of the 2009 International Fire Code are hereby established as follows:
[Amended 1-14-2019 by Ord. No. 1339]
(1) 
In Section 3404.2.9.6.1 (geographic limits in which the storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited): prohibited in all zoning districts except Districts I (Industrial) and OI (Flex Office/Industrial).
(2) 
In Section 3406.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in aboveground tanks is prohibited): prohibited in all zoning districts except Districts I (Industrial) and OI (Flex Office/Industrial).
(3) 
In Section 3506.2 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): prohibited in all zoning districts except Districts I (Industrial) and OI (Flex Office/Industrial).
(4) 
In Section 3804.2 (geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): prohibited in all zoning districts except Districts I (Industrial) and OI (Flex Office/Industrial).
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough of Canonsburg hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of that fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
As part of this chapter under Section 103, Subsection 103.2 of the 2009 International Fire Code, a Fire Code Official shall be appointed by the Fire Chief of the Borough. This Fire Code Official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.
A. 
The Borough hereby establishes an annual Fire and Life Safety Program in which an operational permit will be required yearly to allow an applicant to conduct an operation within the Borough and will be issued by the Fire Code Official.
B. 
Before a new operational permit is approved, the Fire Code Official is authorized to inspect the property for any violations and require the applicant to correct all findings before allowing use of the property.
(1) 
Inspections. The Fire Code Official or designee is authorized to enter and inspect, or cause to be inspected, all commercial buildings and premises for the purpose of conducting an annual fire code compliance inspection.
(2) 
Fees. It shall be the duty of every person owning a commercial or multifamily building within the Borough to pay the annual inspection fee. Each separate business, even if housed within a single building, if separated by walls, shall be subject to these inspection requirements and fee schedule.
The Borough will adopt the following fee schedule. The fees will allow the creation of the position of the Fire Code Official.
A. 
New business license inspection (one time): $50/yearly.
B. 
Commercial use buildings under 1,000 square feet: $50/yearly.
C. 
Commercial use buildings up to 2,499 square feet: $75/yearly.
D. 
Commercial use buildings up to 4,999 square feet: $100/yearly.
E. 
Commercial use buildings over 5,000 square feet: $125/yearly.
F. 
Residential use building - more than six units: $100/yearly.
G. 
Residential use building - more than 12 units: $125/yearly.
H. 
First re-inspection: no charge.
I. 
Second re-inspection: $50.
J. 
Third re-inspection: $100.
Each commercial building or premises shall post its fire inspection certificate in plain view and each fire inspection certificate will be updated upon the completion of the annual fire inspection.
Where access to or within a structure of an area is restricted because of secured openings or where immediate access is necessary for lifesaving or firefighting purposes, the Fire Code Official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type and shall contain keys to gain necessary access as required by the Fire Code Official.
Registration forms will be issued by the Borough of Canonsburg. The owner shall provide the name and contact information for the building's owner, as well as the name, address and twenty-four-hour contact telephone number for an authorized representative of the owner who has twenty-four-hour access to the building as a key holder, and that will be available as a legal representative of the owner to interact with emergency responders. Other information required, but not limited to, will include a floor plan showing the layout of the building, location of the key box (KnoxBox®), and date of most recent third-party inspections (ansul, sprinkler, alarm, etc.).
The provisions of the chapter, so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this chapter 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 repealed ordinances.
The regulations and requirements of this chapter amendment shall not permit any administrative or enforcement functions which are part of the Pennsylvania Uniform Construction Code Act as currently adopted by the Borough of Canonsburg.
[Added 4-10-2017 by Ord. No. 1333]
In the enforcement, if any of the penalties already provide in the Code of the Borough as spelled herein, the Fire Code Official shall utilize a citation notice in a form approved by the Borough notifying the person responsible as to the violation and providing that person the opportunity to remedy said violation within five days of the date of the notice and to impose a fine not to exceed $50 payable to the Borough without the necessity of a court proceeding and the imposition of attorney fees and court cost.