[Adopted 12-19-2019 by Ord. No. 20-02]
Be it ordained and enacted by the Council of the Borough of
Sharpsburg, and it is hereby ordained and enacted by the authority
of the same, that from and after the effective date of this Part 6,
the following Part 6 shall be in full force and effect in the Borough
of Sharpsburg.
This Part 6 shall be known as the "Borough of Sharpsburg Commercial
Fire Safety Inspection Ordinance."
This Part 6 is adopted pursuant to the Borough Code of the Commonwealth of Pennsylvania, the Act of February 1, 1996, P.L. (1965), No. 581, § 1202, as amended, 53 P.S. § 46202 et seq.,[1] and the provisions hereof and all sections contained herein
shall be construed as having been adopted in the interests of the
health, safety, and general welfare of the people of the Borough of
Sharpsburg, Allegheny County, Commonwealth of Pennsylvania.
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1202 et seq.
It is the purpose of this Part 6 to:
1.
Promote, protect and facilitate the public health, safety and the
general welfare of the community and to protect and to promote the
safety of commercial tenants and other inhabitants in the Borough
from fire and the hazards of fire.
2.
Prevent one or more of the following: loss of health, life or property
from fire, explosions, noxious gases and other dangers or hazards
of fire.
3.
Provide protection against fire, explosion and other fire hazards
in the interest of the public health, safety and general welfare.
4.
Define and limit the powers and duties of those officers and bodies
that are assigned responsibilities under this Part 6.
5.
Require prompt fire safety inspections even without a warrant if
emergency conditions exist.
In the construction of this Part 6, the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
1.
Words used in the singular shall include the plural, and the plural
the singular.
2.
Words used in the present tense shall include the future tense.
3.
Words used in the masculine gender shall include the feminine and
neuter.
4.
The word "person" includes corporations, associations, and partnerships
and other similar entities.
5.
The word "shall" is always mandatory and not discretionary.
6.
The word "may" is permissive.
7.
This Part 6 shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
8.
That the Borough intends to favor the public interest as against
any private interest.
For the purpose of this Part 6, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any person who provides written proof that he/she is/are
authorized to act on behalf of a property owner.
The Borough of Sharpsburg.
The Manager of the Borough of Sharpsburg.
The Building Inspector of the Borough of Sharpsburg.
Building/buildings or land intended to generate profit, either
from capital gain or rental income from commercially zoned buildings
or five or more residential units. Commercial property includes office
buildings, industrial property, medical centers, hotels, malls, retail
stores, farmland, multifamily housing buildings, warehouses and garages.
Commercial real estate is divided in the following categories:
OFFICE BUILDINGSIncludes single-tenant properties, small professional office buildings, serviced officers, downtown skyscrapers, and everything in between.
INDUSTRIALIncludes smaller properties, often called "Flex" or "R&D" properties, to larger office service or office warehouse properties to the very large "big box" industrial properties, garages, and distribution centers.
RETAILIncludes pad sites on highway frontages, single-tenant retail buildings, small neighborhood shopping centers, shops, and larger centers with grocery store anchor tenants, "power centers" with large anchor stores.
LEISUREIncludes hotels, public houses, Airbnb's, restaurants, fast-food restaurants, cafes, and sports facilities.
HEALTHCAREIncludes medical centers, hospitals, halfway houses and nursing homes.
LANDIncludes investment properties or undeveloped, raw, rural land in the path of future development; or infill land with an urban area, pad sites, and more.
MISCELLANEOUSIncludes any other nonresidential properties such as hospitality and self-storage developments.
A certificate or document issued by the Building Inspector
after conducting a fire safety inspection and granting permission
to the owner of a commercial property to conduct business in the Borough
of Sharpsburg.
A critical examination by the Building Inspector to determine
compliance with the 2009 International Building Codes ("IBC"), International
Fire Codes ("IFC"), and International Property Maintenance Codes ("IPMC"),
including means of egress, general precautions against fire and fire
protection systems.
Every person who owns a commercial property in the Borough
of Sharpsburg.
An individual, proprietorship, corporation, association,
or other legal entity.
Every person who owns a commercial property in the Borough of
Sharpsburg must hold a current, properly issued, and unrevoked fire
safety commercial operating license issued by the Building Inspector
for the specified commercial property.
Every owner who owns a commercial property in the Borough of
Sharpsburg for a period of time in excess of 30 days shall apply for
a fire safety commercial license and shall agree to comply with all
provisions of the 2009 IBC, IFC, and IPMC, or such other more recent
International Codes duly adopted by the Borough of Sharpsburg. The
application form shall be completed and returned to the Borough office
to have a fire inspection properly scheduled.
Upon application, all commercial properties shall be inspected
annually by the Building Inspector for compliance with the provisions
of this Part 6. In the event the Borough Building Inspector refuses
to issue a fire safety operating license, the Building Inspector shall
note all fire safety violations, and shall leave with the owner a
copy of any notice or violation.
Prior to the issuance of a fire safety commercial operating
license, all violations noted on a notice of violation shall be corrected,
as required. Every fire safety commercial operating license shall
be issued for a period of one year, unless sooner revoked.
1.
Pennsylvania statutes govern. All matters regulated by the Pennsylvania
Construction Code Act or by any other laws of the Commonwealth of
Pennsylvania or by regulations of departments or agencies of the commonwealth
promulgated by authority of law, as the case may be, the promulgated
authority of law, as the case may be, shall control all inspections
where the requirements thereof are the same as, or in excess of, the
provisions of the Borough's Safety Ordinance duly adopted by the Borough
of Sharpsburg.
2.
Inspection mandatory. The Borough Building Inspector shall not issue
a fire safety commercial operating license in the Borough of Sharpsburg
until they have first inspected the commercial property for the purpose
of insuring compliance with the Borough's Fire Prevention Code and
the law.
3.
Inspections to be conducted at reasonable times with prior notice
to residents; display of proper credentials required. All fire safety
inspections under this Part 6 shall be conducted at reasonable times
with prior notice to the owner and subject to constitutional restrictions
on unreasonable searches and seizures. Prior to seeking entry to conduct
fire safety inspection, the Borough Building Inspector shall display
proper credentials, which shall have been approved by Borough Council.
4.
Procedure if entry to permit lawful fire inspection is refused. If
entry is not obtained or upon the refusal of an owner applying for
a fire safety commercial operating license to permit entry to conduct
the fire safety inspection mandated under this Part 6, the fire safety
inspection shall not be conducted and the Building Inspector is hereby
authorized to pursue recourse as provided by law.
5.
Expiration of permits and renewals. Each fire safety commercial operating
license shall expire one year after the date of issuance. A license
may be renewed only by making application as provided in this Part
6. Applications for renewal should be made at least 30 days' prior
to the expiration date and, when fewer than 30 days before the expiration
date, the pendency of the application will not prevent the expiration
of the license.
6.
Correction of violations required prior to renewal of license. If
the Building Inspector denies renewal of a license, the owner shall
not be issued a license until all violations noted on the notice of
violation are corrected, as required.
1.
If entry to conduct a fire safety inspection under this Part 6 is
refused, the Borough Building Inspector is hereby authorized and directed
to apply to an issuing authority having jurisdiction over such commercial
property for an administrative search warrant to enter and to conduct
a fire safety inspection unless an emergency situation exists which
requires immediate entry.
2.
If an emergency situation exists demanding immediate access to the
commercial property, the Borough Building Inspector may conduct a
prompt fire safety inspection even if entry is refused or even if
an administrative search warrant is not obtained.
The fees for registration, inspection, reinspection, follow-up
inspection, inspections requested by owners or tenants, missed inspection
appointment fees, appeal fees and any other fee required in the administration
of this Part 6 shall be established by resolution of Borough Council
and such fees may be reviewed and changed from time to time by resolution.
The issuance of a commercial fire safety operating license is
not a representation by the Borough that the commercial premises inspected
and/or building in which it is located does not contain any violation
of any of the codes referenced in the definition of "codes" above.
Rather, the issuance of a commercial fire safety operating license
represents that, on the date of inspection, no material violation
of any of said codes was noted by the Building Inspector. Neither
the enactment of this section nor the issuance of a commercial fire
safety operating license is a guarantee to any person that no code
violations exist in the premises inspected, nor shall there be imposed
any liability upon the Borough for any errors or omissions which resulted
in the issuance of such license, nor shall the Borough bear any liability
not otherwise imposed by law.
1.
Violations. It shall be a violation of this Part 6 to commit any
of the following acts:
A.
To fail or refuse to register a commercial premises as required by
this Part 6.
B.
To lease, let or allow the occupancy of a commercial premises without
first obtaining a commercial fire safety operating license where required
by this Part 6.
C.
To refuse to permit inspection of a commercial premises as required
by this Part 6 where an appropriate warrant compelling access to the
commercial premises for an inspection has been obtained.
D.
To place false information on, or to omit material information from,
the registration application form.
E.
To fail and/or refuse to make the necessary repairs or provisions
required to bring the commercial premises into compliance with the
applicable code(s).
2.
Enforcement. Enforcement of violations of this Part 6 shall be by
action brought before a Magisterial District Judge in the same manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Civil Procedure as authorized by law. In addition, the Borough
may enforce this Part 6 through an action in equity brought in the
Allegheny County Court of Common Pleas. Failure to make necessary
repairs or to otherwise bring a commercial premises into compliance
with the applicable code(s) shall be considered a violation of the
Ordinance and the enforcement procedures and penalties prescribed
herein shall be applicable. The enforcement of this Part 6 shall in
no way preclude or limit the Borough's enforcement of any other Borough
ordinance or codes, including but not limited to the Uniform Construction
Code, the International Building Code or the International Property
Maintenance Code.
3.
Penalties.
A.
Any person who commits a violation of this Part 6 shall be sentenced
to a fine of not less than $300, but not to exceed $1,000, per violation
and/or imprisonment to the extent allowed by law for the punishment
of summary offenses.
B.
Each day or portion of a day in which a violation is found to exist,
or for each additional violation, shall constitute a separate offense.
C.
Any person found guilty of violating this Part 6 may be assessed
court costs and reasonable attorney fees incurred by the Borough in
the enforcement proceedings.
D.
The provisions of this Part 6 governing revocation, suspension and/or
nonrenewal of commercial fire safety operating license shall be independent,
nonmutually exclusive, separate remedies, all of which shall be available
to the Borough as may be deemed appropriate.
Any person who considers himself/herself aggrieved by a decision
of the Code Enforcement Officer, such as a refusal to issue a commercial
fire safety operating license and/or a decision to suspend or revoke
a commercial fire safety operating license, may file an appeal of
such decision in writing with the Borough Manager within 10 days after
such a decision was communicated to the party allegedly aggrieved
by such decision. The appeal shall be verified by an affidavit and
shall state the grounds for such appeal. The appeal shall be accompanied
by the appeal fee which shall be established from time to time by
resolution of Borough Council. A hearing on the appeal shall be conducted
before a three-person panel, which panel shall be comprised of persons
who have been appointed to the Planning Commission and/or Zoning Hearing
Board. The hearing on the appeal shall be scheduled as soon as reasonably
practicable. The hearing on the appeal shall be conducted in accordance
with the provisions of the Local Agency Law.[1] The decision of the panel shall constitute adjudication
for purposes of the Local Agency Law and party who is dissatisfied
with the decision of the panel may appeal the decision to the Allegheny
County Court of Common Pleas as provided by the Local Agency Law.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
If any of the provisions or terms of this Part 6 shall be held
invalid for any reason whatsoever, then, unless such provision or
term is material to this Part 6 as to render this Part 6 impracticable
to perform, such provision or term shall be deemed severable from
the remaining provisions or terms of this Part 6 and shall in no way
affect the validity or enforceability of any other provisions hereof.
All prior ordinances of the Borough of Sharpsburg which are inconsistent
with this Part 6 are hereby repealed to the extent of such inconsistency.
This Part 6 shall become effective the first day of January
2020.
