[HISTORY: Adopted by the Borough Council of the Borough of
Canonsburg 5-9-2022 by Ord. No. 1363. Amendments noted where applicable.]
These regulations shall be known as the "Borough of Canonsburg
Fire Inspection and Fire Safety Ordinance."
This chapter is intended to serve the following purposes and
intent:
A.
To assist the Borough of Canonsburg in protecting and promoting the
public health, safety and welfare of its citizens; and
B.
To ensure that owners, managers and occupants share responsibilities
to comply with codes; and
C.
To mitigate the hazard of fire and explosion arising from the storage,
handling or use of structures, materials, or devices; and
D.
To mitigate the risk of conditions hazardous to life, property, or
public welfare in the occupancy of structures or premises; and
E.
To mitigate the risks of fire hazards in the structure or on the
premises from occupancy or operation; and
F.
To regulate matters related to the construction, extension, repair,
alteration and removal of fire suppression or alarm systems; and
G.
To provide for a system of inspections and for issuance of certificates
of compliance and to establish penalties for violations; and
H.
To establish the minimum requirements consistent with nationally
recognized good practice for providing a reasonable level of life
safety and property protection from the hazards of fire, explosion
or dangerous conditions in new and existing commercial buildings,
inclusive of residential buildings containing two or more units, structures
and premises and to provide safety to firefighters and emergency responders
during emergency operations.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Canonsburg, Pennsylvania.
Any code or ordinance adopted, enacted and/or in effect in
and for the Borough of Canonsburg concerning fitness for habitation
or the construction, maintenance, operation, occupancy, use, vermin
or rodent control, or public health matters of any premises or dwelling
unit. This shall include, but not be limited to, the Borough's
property maintenance code, solid waste and water ordinances, public
health ordinances, noise control ordinances, and other applicable
codes and standards.
The duly appointed Code Enforcement Officer(s), Code Compliance
Officers(s), or Code Inspector(s), inclusive of the Fire Code Official,
having the duty to enforce this chapter, and other Borough property
maintenance codes, and similar codes of the Borough of Canonsburg
and any assistants or deputies thereof.
Any building or facility, either open or enclosed, used and
maintained for commercial purposes. Commercial structures include,
but are not limited to, office buildings, community centers, personal
service businesses, industrial property, Residential Group R-1, R-2,
and R-3 occupancies as defined in the International Building Code,
financial institutions, schools and educational facilities, cultural
facilities, medical centers, hotels/motels, malls, retail stores,
theaters, restaurants, taverns, shopping centers, places of worship,
farmland, utility buildings, warehouses, and garages. Residential
structures containing three or more units shall be considered a commercial
structure for purposes of this chapter.
Any individual or business entity living in or using a premises
or property as tenant, owner or someone who has occupancy of a premises
or property.
A document issued by the Borough Department of Code Enforcement
or Department of Fire Inspection certifying that a building, structure,
unit or portion thereof is in compliance with the applicable regulations
as indicated in this chapter.
One or more persons, jointly or severally, in whom is vested
all or part of the legal title to the premises, or all or part of
the beneficial ownership and a right to present use and enjoyment
of the premises.
A natural person, partnership, corporation, unincorporated
association, limited partnership, trust or any other entity.
Any parcel of real property located in the Borough of Canonsburg,
including the land and all buildings and structures, on which one
or more regulated rental unit is located.
A.
Applicability of provisions. The provisions of this chapter shall
apply to:
(1)
All commercial structures existing in the Borough of Canonsburg and
conditions arising after the adoption of this chapter; and
(2)
Existing commercial structures and conditions not legally in existence
at the time of adoption of this chapter; and
(3)
Existing commercial structures and conditions when identified in
specific sections of this chapter; and
(4)
Existing commercial structures and conditions which, in the opinion
of the Code Officer, constitute a distinct hazard to life or property.
B.
Conflicting provisions. Where there is a conflict between a general
requirement and a specific requirement, the specific requirement shall
be applicable.
The 2018 International Fire Code, as published by the International
Code Council, Inc., as amended, revised, and/or reprinted from time
to time, and successor editions as adopted by the Pennsylvania Department
of Labor and Industry, is hereby adopted as the Fire Code of the Borough
of Canonsburg. Each and all of the regulations, provisions, penalties,
conditions and terms of said International Fire Code and hereby referred
to, adopted, and made a part of hereof, as if fully set out in this
chapter, with the additions, insertions, deletions and changes as
prescribed below in this chapter.
B.
The geographic limits referred to in certain sections of the 2018
International Fire Code are hereby established as follows:
(1)
Section 5704.2.9.6.1 (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)
Section 5706.2.4.4 (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)
Section 5806.2 (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)
Section 6104.2 (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).
As part of this chapter, and as provided by the current International
Fire Code, a Fire Code Official shall be appointed by Council for
the Borough of Canonsburg, as recommended 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 a fire and life safety program in
which an operational permit will be required to allow an occupant
of a commercial structure within the Borough to continue operations
and will be issued by the Fire Code Official.
B.
Prior to the issuance of a new operational permit, the Fire Code
Official is authorized to enter and inspect or cause to be inspected
all commercial structures and premises located in the Borough for
the purpose of conducting a fire code compliance inspection that is
consistent with the regulations of the 2018 International Fire Code,
and successor editions, and the Fire Code Official must cause said
inspection protocols to be publicized on the Borough's website
and have the inspection protocols available to the public within the
Borough's Code Enforcement office, subject to the Borough Manager's
approval.
C.
The Fire Code Official or designee is authorized to enter and inspect,
or cause to be inspected, all commercial structures and premises for
the purpose of conducting a fire code compliance inspection.
D.
All commercial structures that have a residential use comprised of
three or more units shall be inspected on a biennial basis and/or
upon transfer of ownership. All other commercial structures shall
be inspected on an annual basis and/or upon transfer of ownership.
E.
It shall be the duty of every person owning and/or occupying a commercial
structure within the Borough to pay the inspection fee required by
this chapter. Each separate commercial structure unit, even if housed
within a single building, if separated by walls, shall be subject
to these inspection requirements and fee schedule.
Each commercial structure or premises shall post its fire inspection
certificate of compliance in plain view, and each fire inspection
certificate of compliance will be updated upon the completion of the
fire inspection.
A.
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.
B.
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 (Knox Box®), and date of the most
recent third-party inspections (Ansul, sprinkler, alarm, etc.).
No permit shall be issued under this chapter until the proper
fees are paid to the Borough or the Borough's designated agent,
with the required application. The permit fee shall be set by Borough
Council from time to time by resolution.
The provisions of this 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.
A.
Basis for violation. It shall be unlawful for any person, as either
owner or occupant of a regulated commercial structure, to operate
or permit to operate without a valid, current operational permit as
proscribed by this chapter. It shall be unlawful for any person, either
owner or occupant, to violate any provision of this chapter.
B.
Any violation discovered during an inspection or failure of an owner
or occupant to obtain an operation permit shall required the Fire
Code Official to give written notice of violation stating all violations,
and provide to the owner or occupant of the commercial structure 10
days' notice to correct, abate, repair or otherwise remove the
violations. If the violations are not removed, the owner and/or occupant
shall be subject to penalties in accordance with this chapter.
C.
Penalties.
(1)
Any person who violates a provision of this chapter shall be subject
to the revocation of certificate of occupancy and, upon conviction
thereof, shall be guilty of a summary offense and be subject to a
fine of not less than $500 and not more than $1,000, in addition to
other remedies or courses of action taken by the Borough.
(2)
For each day that a violation continues to exist after the time established
by this chapter to correct violations, a separate violation shall
be have deemed to occur, requiring an additional fine.
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.
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.
Chapter 295 of the Borough of Canonsburg Code of Ordinances
and Ordinances 1323, 1328, 1333, and 1339 are hereby repealed and
replaced by this chapter. All ordinances or parts of ordinances which
are inconsistent herewith, except to the extent otherwise provided
herein, are hereby repealed.
