[Adopted 8-12-2019 by Ord. No. 3169]
This part may be cited and shall be known as the "Township of
Whitehall Fire Prevention and Life Safety Program," hereinafter referred
to as the "Fire Prevention Program."
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.
A.
The Township of Whitehall designates the Fire Inspector, or the Fire
Inspector's designee ("designated official") 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 Township Mayor. The designated official will be
the authority having jurisdiction (AHJ) pertaining to the violations
and repairs of properties within the scope of the International Property
Maintenance Code/2009, as amended, and all later versions adopted
by the Township of Whitehall.
B.
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 hight-hazard uses shall be inspected
annually (the "annual inspection").
C.
Other occupancies shall be inspected at two-year intervals (the "biannual
inspection").
D.
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.
E.
Inspections shall be based on the fire, safety and health code requirements
within the current International Property Maintenance Code/2009, as
amended, and all later versions adopted by the Township of Whitehall.
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.
F.
Initial fire inspections shall be based on the same requirements
as the periodic inspections required to obtain a certificate of occupancy
as defined in the International Property Maintenance Code/2009, as
amended, and all later versions adopted by the Township of Whitehall.
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 Township of Whitehall designated official for notification
and scheduling of an initial inspection before an occupancy shall
be allowed to open and operate.
G.
During all inspections, the designated official shall provide the
owner/agent with a written or electronically communicated 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 correct measures order by the designated official
and believes he/she does meet the intent of the Code by other means,
the owner/agent may file an appeal with Whitehall Township Building
Code Board of Appeals as defined in the International Property Maintenance
Code/2009, as amended, and all later versions adopted by the Township
of Whitehall.
H.
Failure to allow access for the designated official to perform the
scheduled inspection(s) may result in violation of this part. The
designated official may obtain an administrative search warrant to
enter any property or structure when an owner/agent denies access.
The fees for the Fire Prevention Program shall be established
by the Board of Commissioners of the Township of Whitehall and shall
be set forth in the Township of Whitehall Schedule of Fees. Fees shall
be amended by ordinance.
A.
The inspection fee shall cover the initial inspections, and any second
or subsequent inspection shall be billed to the property owner at
an hourly rate as set forth in the Township of Whitehall Schedule
of Fees.[1] Such billing shall be for a minimum of one hour, and shall
continue after the first hour in thirty-minute increments thereafter.
B.
Any additional reinspections shall be subject to an additional fee,
as contained in the fee schedule, until code compliance is achieved.
C.
Permit fees shall be assessed and collected along with the inspection
fee.
D.
All inspection fees shall be collected prior to the completion of
any Fire Prevention Program initial inspection. Failure to submit
payment by the specified date will prevent the inspection and shall
constitute a violation of this part, excepting that the property owner
will be billed for reinspections.
Upon approval by the designated official, the business or property
owner will be issued a certificate of compliance.
All official records of inspection and certificates of compliance
shall be kept by the Township of Whitehall Fire Code Official in the
offices of the Township of Whitehall for a period of five years.
[Amended 7-12-2021 by Ord. No. 3241]
A.
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 designated official is hereby authorized to
order an immediate evacuation of the premises, and to secure said
premises, until such hazard or condition has been corrected. Additionally,
the designated official shall serve notice thereof to the owner. Such
notice shall indicate the manner in which, and the time by which,
the designated official or the Township intends to demolish, repair,
alter or improve the premises [the "corrective action(s)"]. Unless
an emergency exists, the designated official, or the Township, shall
not undertake corrective action for 30 days from the time such notice
is served. A notice that the Township intends to undertake corrective
action shall be served in the same manner as a notice of violation;
provided, however, that such notice shall also be posted in a conspicuous
place upon the premises. If at the expiration of the specified time
period, the required corrective action has not been completed, the
designated official of the Township may undertake such corrective
action to abate the immediate fire hazard, or condition dangerous
to human life or property, without further notice. Nothing contained
herein shall be construed to limit the power of the designated official
or the Township to take immediate corrective action to abate a hazardous
condition without serving notice thereof, where there exists any violation
of this Code which creates an emergency requiring an immediate corrective
action to protect the health or safety of any occupant of a dwelling,
building or structure, or of the public.
B.
Where the designated official or the Township takes corrective action
to abate an immediate fire or safety hazard, the cost thereof, including
any labor or materials supplied by the Township, shall be charged
to the owner and shall constitute a municipal lien against the real
property upon which such cost was incurred. The Township Solicitor
promptly shall file such lien and shall make every effort to collect
it within six months of the recorded date. If the corrective action
involves the removal or demolition of any structure, the designated
official may sell the materials thereof by public sale and any amounts
realized shall be credited against the cost of the corrective action,
and any balance remaining shall be deposited with the Township Treasurer
in the name of the owner of record. In the event of dispute regarding
the proper distributes of such balance, such account shall be disbursed
to the persons found to be entitled thereto by final order or decree
of the Court of Common Pleas of Lehigh County, and any Township expenses
incurred for legal fees or court costs may be charged against such
balance. The Township will add an administrative fee of $500 or 15%
of the cost of abatement, whichever is greater to each bill incurred,
as a result of non-compliance with an immediate fire or safety hazard
order.
C.
Any party in interest affected by any notice or order issued pursuant
to this section may within 30 days of the service thereof, appeal
in accordance with the procedures outlined herein. Except in the case
of emergency, corrective action shall be stayed during the time an
appeal is pending before the Court of Common Pleas of Lehigh County.
Scheduling of the Fire Prevention Program inspections shall
be made by the designated official. 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.
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.
A.
Any person, partnership, corporation, trust or other entity, who
or which, in any way violates any of the provision of this part of
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 Township of Whitehall 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 the law.
B.
Prosecution of violations. If the notice of violation is not complied
with promptly, the designated official is authorized to institute
the appropriate legal proceedings at law or in equity to restrain,
correct or abate such violation of the provisions of this code or
of the order or direction made pursuant thereto.
C.
Each day of violations of this part or applicable code shall be considered
separate offense, for which the fines and penalties stated herein
may be imposed on a daily basis.
Any person, partnership, corporation, trust or other entity
aggrieved by any provision of this part or any code issued thereunder
may appeal the same to the Township of Whitehall Building Code Board
of Appeals.
