[Added 4-21-1987 by Ord.
No. 659; amended 3-16-2010 by Ord. No. 766-C]
A. The 2009 BOCA Basic/National Fire Prevention Code, as amended, is
hereby adopted along with its subsequent updates in its entirety by
the municipality.
B. The National Fire Protection Association Code, as amended, is hereby
adopted in its entirety by the municipality.
D. Copies of the codes referenced to in Subsections
A and
B are on file in the municipal office.
[Amended 3-17-1992 by Ord. No. 684-C]
A. Whenever the Fire Inspector or the Deputy Fire Inspector shall in
his official duties find any buildings or structures within the Borough
of Cheswick which, for want of repairs or by reason of age or dilapidated
condition or accumulation of waste, rubbish, debris, explosive or
flammable substance in any buildings or on premises, constituting
a fire menace or hazard or for any other cause, making it especially
liable to fire and endangering property, and so situated as to endanger
other property, he shall serve written notice, to consist of either
a warning or a citation, to the responsible owner, operator or occupant
of the building or premises in violation that such building or premises
is in violation of the provisions of this chapter and that such owner,
operator or occupant has the following periods to remedy such violation:
(1) Warning: a minimum period of two weeks and a maximum period of 90
days, to be determined by the Fire Inspector.
(2) Citation: 90 days to correct the violation or be penalized subject to §
93-5.
B. Whenever the Fire Inspector or the Deputy Fire Inspector shall find,
in any building, combustible or explosive matter, or flammable conditions,
which are in violation of BOCA Basic/National Fire Prevention Code,
as adopted by the Borough of Cheswick, or any other law or ordinance
applicable thereto, or are dangerous to the safety of such buildings,
thereby endangering other property, he shall serve written notice,
to consist of either a warning or a citation, to the responsible owner,
operator or occupant of the building or premises in violation that
such building or premises is in violation of the provisions of this
chapter and that such owner, operator or occupant has the following
periods to remedy such violation:
(1) Warning: a minimum period of two weeks and a maximum period of 90
days, to be determined by the Fire Inspector.
(2) Citation: 90 days to correct the violation or be penalized subject to §
93-5.
C. Such owner, operator or occupant who receives written notice of a
violation of this chapter shall have the right to appeal within 15
days from the date of receipt of such written notice to an Appeal
Board consisting of the Mayor, Public Safety Chairman of the Council
of the Borough of Cheswick and Fire Inspector of the Borough of Cheswick.
If the Appeal Board denies the appeal by the owner, operator or occupant
of the building or premises in violation, the owner, operator or occupant
has 90 days from the date of the denial of the appeal to remedy the
violation.
[Amended 4-21-1987 by Ord. No. 659; 5-17-1988 by Ord. No. 663-C]
If an owner, operator or occupant of a building or premises that is found to be in violation of the requirements of this chapter fails to remedy such violation within the time periods as outlined in §
93-4, such person shall be punishable, upon conviction thereof, by a fine of not less than $50 nor more than $1,000, and costs of prosecution, for each offense or, upon default in payment of the fine and costs, by imprisonment in the county jail for not more than 30 days, and each day on which a violation continues shall constitute a separate offense.
Nothing in this chapter or in the BOCA Basic/National Fire Prevention
Code, the National Fire Association Code or the State Fire and Panic
Code hereby adopted shall be construed to affect any proceeding now
pending in court, or any rights acquired or liability insured or any
cause or causes of action accrued under any act or ordinance repealed
hereby. No right or remedy of any character shall be lost, impaired
or affected by this chapter.