[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 If the business license, certificate of occupancy or certificate of compliance has not been issued, or has been revoked, then the regulated commercial unit shall not be used.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.
C. 
Portable extinguishers.
D. 
Fire protection systems, including standpipes and sprinkler systems.
E. 
Fire, smoke, and safety alarms.
F. 
Emergency power systems.
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.