[Ord. No. 2020-11, 10/1/2020]
Any words or terms utilized in this Part 6 shall be defined
as per the latest adopted edition of the International Fire Code.
[Ord. No. 2020-11, 10/1/2020]
1. General.
A. It shall
be the duty of every owner to keep and maintain all regulated commercial
units in compliance with the 2015 International Fire Code, or latest
edition thereof, and to keep such unit in good and safe condition.
B. As provided
for in this Part 6, every owner shall be responsible for regulating
the proper and lawful use and maintenance of every unit which he,
she or it owns.
C. A certificate of occupancy and certificate of compliance, required by §
27-107, are required for each regulated commercial unit. If the business license, certificate of occupancy or certificate of compliance has not been issued, or has been revoked, then the regulated commercial unit shall not be used. If a regulated commercial unit is used without a valid certificate of occupancy and certificate of compliance, such action shall be a violation of this Part
6.
D. This Part
6 shall not be construed as diminishing or relieving in any way the
responsibility of occupants or their guests for their conduct or activity;
nor shall it be construed as an assignment, transfer or projection
over or onto any owner of any responsibility or liability which occupants
or their guests may have as a result of their conduct or activity
under any private cause of action, civil or criminal enforcement proceeding,
or criminal law; nor shall this Part 6 be construed so as to require
an owner to indemnify or defend occupants or their guests when any
such action or proceeding is brought against the occupant based upon
the occupant's conduct or activity. Nothing herein is intended to
impose any additional civil/criminal liability upon owners other than
that which is imposed by existing law.
E. This Part
6 is not intended, nor shall its effect be, to limit any other enforcement
remedies which may be available to the Township against an owner,
occupant, or guest thereof.
F. The owner
and/or owner's agent shall accompany the Fire Code Official in all
scheduled inspections at the unit conducted under this Part 6.
2. Maintenance
of Premises.
A. The owner
shall maintain the premises in compliance with the 2015 International
Fire Code and shall regularly perform all routine maintenance and
shall promptly make any and all repairs necessary to fulfill this
obligation.
B. However,
the owner and occupant may agree that the occupant is to perform maintenance
tasks if such responsibilities are established in writing. Such an
agreement may be entered into between the owner and occupant only
if entered into in good faith and not for the purpose of evading the
obligations of the owner or occupant.
C. The existence
of an agreement between owner and occupant shall not relieve an owner
of any responsibility under this Part 6 or other Township codes for
proper maintenance of a building or premises.
[Ord. No. 2020-11, 10/1/2020]
1. Pursuant
to the Fire and Safety Inspection Program, each regulated commercial
unit shall be subject to inspection of but not limited to the following:
A. Proper
use in accordance with occupancy use classification.
B. Cooking
hood fire protection system.
D. Fire protection
systems, including standpipes and sprinkler systems.
E. Fire,
smoke, and safety alarms.
G. Exit and
emergency area lighting.
H. Storage
of hazardous and nonhazardous materials.
I. Stacking
and storage of combustible materials.
J. Exit/emergency
egress doors.
K. Records
of evacuation plans, fire drills.
L. Records
of fire protection and alarm system tests.
M. Items
added by subsequent revisions to the codes are hereby automatically
incorporated into this program without amendment to this section.
2. Each regulated
commercial unit shall be subject to inspection by a Fire Code Official
under the schedule outlined in this Part 6.
3. Township
Fire Code Officials are the officials authorized to enforce this Part
6 and to take appropriate measures to abate violations hereof for
and on behalf of Upper Macungie Township.
4. This Part
6 shall not be construed as to limit the Fire Code Official's authority
to conduct inspections or enforcement actions under other Township
codes or to require that a unit be made available for inspection whenever
there is reasonable cause that a violation of Township codes may be
present.
5. Each regulated
commercial unit shall be subject to one inspection every year, based
upon a schedule established by the Fire Bureau. The Township is not
obligated to complete all inspections within this schedule. If the
Township, through no fault of the owner, manager, or tenant, was not
able to complete an inspection in a regulated commercial unit in the
designated year, the Township shall inspect the unit in the following
year.
6. Warrant.
Within the limitations of federal and state law, a Fire Code Official
may apply to a Magisterial District Judge having jurisdiction for
an administrative search warrant to enter and inspect a regulated
commercial unit and the premises. Such warrant is only required where
access to a regulated commercial unit or common areas is denied to
the Fire Code Official after a request.
[Ord. No. 2020-11, 10/1/2020]
Certificates of compliance shall be issued by the Fire Bureau
only after inspection and acceptance of the unit by the Township Fire
Officials. All regulated commercial units shall be required to obtain
a certificate of compliance annually.
[Ord. No. 2020-11, 10/1/2020]
Annual fees shall be assessed for each regulated commercial
unit as per the Township's Fee Schedule and are subject to change.
[Ord. No. 2020-11, 10/1/2020]
1. Basis of
Violation. It shall be unlawful for any person, as either owner or
manager of a regulated commercial unit, to operate or permit to operate
without certificate of occupancy and certificate of compliance issued
by the Township authorizing such operation. It shall also be unlawful
for any person, either owner or manager, to violate any other provision
of this Part 6.
2. Any violation
discovered during inspection shall require the inspecting official
to give written notice to the unit owner, or designated responsible
party, stating all violations, and to give the unit owner 30 days'
notice to correct, abate, repair or otherwise remove the violations.
If the violations are not corrected, abated, repaired, or removed
within the thirty-day period and the Fire Code Official has not granted
an extension, the unit owner shall be subject to penalties in accordance
with this Part 6.
3. Penalties.
Any person who violates a provision of this Part 6 shall be subject
to revocation of certificate of occupancy and certificate of compliance,
and, upon conviction thereof before a Magisterial District Judge,
be liable to pay the following penalties:
A. A fine
of not less than $300 and not more than $1,000, in addition to other
remedies or courses of action taken by the Township.
B. For each
day that a violation continues to exist after the time limit established
for correction of the violation by a Fire Code Official, a separate
violation shall have been deemed to occur, requiring an additional
fine.
4. Nonexclusive
remedies. The penalty provisions of this Part 6 shall not limit the
ability of the Township to enforce other Township ordinances and to
utilize the penalties, remedies and procedures provided under such
other Township ordinances and state law.
[Ord. No. 2020-11, 10/1/2020]
Any person affected by a decision, notice or order of a Fire
Code Official under this Part 6 shall have the right to appeal to
the Upper Macungie Township Building Code Board of Appeals.
[Ord. No. 2020-11, 10/1/2020]
In the event that any provision, section, clause or part of a section or any clause or part of this Part
6 shall be held to be invalid, such invalidity shall not affect or impair any remaining provisions, sections, clauses or part of a section or any clause, it being the intent of this Township that such remainder shall remain in full force and effect.