[HISTORY: Adopted by the Board of Supervisors of Chadds Ford
Township 7-25-2018 by Ord. No. 155. Amendments noted where applicable.]
A.
The recognized standards, practices and procedures under this chapter
shall be the standards of the code known as the Life Safety Code (NFPA
101, 2018 Edition), as may be amended from time to time (the "Fire
Prevention Code"), and the same are hereby adopted and made a part
of this chapter by reference.
B.
No person, firm or corporation in possession of or having control
of any nonresidential or multifamily residential building or premises
in the Township shall permit or allow therein or thereon any fire
hazard or any installation, construction equipment, matter or thing
which, by reason of not being installed, constructed or maintained
according to recognized standards and practices for the prevention
of fire, creates or produces a danger to persons or property from
fire in shared spaces or public areas of a nonresidential or multifamily
residential building or premises.
The Township Fire Marshal may at all reasonable hours conduct
an annual inspection or other inspection(s), such as: in the event
of an emergency; a change in use or occupancy, change in ownership
or modification or alteration in or to a building previously inspected.
Except in the event of an emergency, the Fire Marshal shall provide
reasonable notice of inspection to the property owner, tenant or other
person making the application which necessitates the inspection. Notwithstanding
anything in this chapter to the contrary, the Fire Marshal may enter
any public or private nonresidential building used for any business,
commercial or industrial purpose, and any apartment or long- or short-term
residential rental or multifamily residential building or premises
for the purpose of making an inspection of any shared spaces or public
areas for the prevention of fire and to secure the safety of persons
and property from fire. The Fire Marshal may, in connection with such
inspection, enter such building(s) to confirm any necessary repairs,
replacements or other work required in connection with such inspection
have been satisfactorily completed. Inspection shall include, but
not be limited to:
A.
Presence and proper operation of emergency lighting.
B.
Presence and accessibility of emergency exits, egress and fire escapes.
C.
Presence and proper operation of fire alarm systems.
D.
Presence and property operation of fire extinguishers.
E.
Proper storage of explosives and flammable materials and liquids.
F.
Means of egress consistent with Section 702 of the 2018 International
Property Maintenance Code.
A.
Whenever the Fire Marshal shall find in any shared spaced or public
areas within any nonresidential or multifamily residential building
or premises covered by this chapter combustible or explosive matter
or dangerous accumulations of rubbish or unnecessary accumulation
of wastepaper, boxes, shavings or any highly flammable material which
is situated as to endanger property, or shall find obstructions to
or on fire escapes, stairs, passageways, doors or windows liable to
interfere with the operation of the Fire Department or egress of occupants
in case of fire, the Fire Marshal shall order the same to be removed
or remedied.
B.
If, in the opinion of the Fire Marshal, an immediate fire hazard
exists, the Fire Marshal may order immediate evacuation of such nonresidential
or multifamily residential building or premises and close the building
or premises until such violation has been corrected.
C.
It shall be unlawful for any person, persons, firm or corporation
to possess, sell or distribute containers for carrying flammable liquids
which containers have not been OSHA-approved for such use. Furthermore,
it shall be unlawful for any person, persons, firm or corporation
to dispense flammable liquids into any container other than those
previously approved for such use by OSHA.
D.
Notwithstanding any other federal, state or local regulations to
the contrary, no person shall kindle or maintain any fire or authorize
any such fire to be kindled or maintained, unless the location is
at least 50 feet from any structure and adequate provision is made
to prevent fire from spreading closer than 50 feet to any structure.
Whenever the Fire Marshal shall find any nonresidential or multifamily
residential building or premises covered by this chapter which, for
want of repairs, lack of sufficient fire escapes or automatic or other
fire-alarm apparatus or fire-extinguishing equipment or by reason
of age or dilapidated condition or from any other cause, is especially
liable to fire and which is so situated as to endanger other property
or the occupants thereof and whenever the Fire Marshal shall find,
in any nonresidential or multifamily residential building or premises
covered by this chapter, combustible or explosive matter or flammable
conditions dangerous to the safety of such buildings or the occupants
thereof, the Fire Marshal shall order such dangerous conditions or
materials to be removed or to be remedied in accordance with recognized
standards and practices for the prevention of fire.
The Fire Marshal shall keep records of all inspections and of
all facts concerning the same on file at the Township. A copy of all
inspection reports shall be provided to the property owner and any
tenant of the property.
The owner, occupant or person in charge of or managing any nonresidential
or multifamily residential building or premises covered by this chapter
shall forthwith, after written notice from the Fire Marshal, correct
any condition in such building or premises so that the premises, building,
processes or materials shall be in such condition as to comply with
the recognized standards and practices for the prevention of fire.
Inspection fees shall be set by the Board of Supervisors, from
time to time, by resolution.
Any person, persons, firm, or corporation who shall violate
the provisions of this chapter shall, upon being found liable therefor
in a summary enforcement proceeding commenced by the Township before
the Magisterial District Judge, pay a fine of up to $1,000 for each
violation. A separate offense shall arise for each day or portion
thereof in which the violation of this chapter is found to exist and
for each section of the chapter which is found to be violated. Violators
shall also be found responsible for court costs and reasonable attorneys'
fees of the Township, as permitted by law.
Section 10-5 of the Code of Chadds Ford Township is hereby amended to revise the duties and powers of the Fire Marshal and read as follows:
A.
The Fire Marshal shall perform all duties and shall have and exercise
all powers prescribed by law. These duties and responsibilities shall
include, but not necessarily be limited to, the following:
(1)
Maintain liaison with and keep the Board of Supervisors informed
of the capabilities and needs of all fire companies serving the Township,
and serve as liaison between local, state and federal emergency services
departments, personnel and/or officials and Chadds Ford Township;
(2)
Initiate, with the appropriate Law Enforcement Officials, investigate
and take appropriate action on any suspicious fires where criminal
activity may reasonably be suspected, and submit written reports on
same to the Board of Supervisors in a timely fashion;
(3)
Maintain records of fire alarms, EMS and fire calls, organized by
type and location, and submit to the Board a monthly report on all
fires, investigations, inspections and other activities, and provide
a verbal report at the monthly Board of Supervisors meeting upon request;
(4)
Assist the Township Building Inspector, when requested by such officer,
in inspections for violations of regulations where fire safety or
fire prevention matters are involved;
(5)
Inspect, investigate and cite per this chapter and/or any fire code
adopted by the Board of Supervisors;
(6)
Monitor and inspect Township traffic light preemption devices, fire
hydrants, fire lanes, fire hazards and other fire-related devices
or conditions;
(7)
Monitor drought conditions to determine if water and/or burning restrictions
are warranted;
(8)
Ensure proper training for the Deputy Fire Marshal and/or such other
assistants to the Fire Marshal as the Board may authorize;
(9)
Submit reports to the Board of Supervisors on Township conditions
or occurrences related to fire safety;
(10)
Enforce all laws, ordinances and regulations related to:
(a)
The prevention of fires.
(b)
The storage and use of explosive and flammable liquids and/or
materials.
(c)
The installation and maintenance of private fire-alarm systems
and fire-extinguishing equipment.
(d)
The maintenance and regulation of fire escapes.
(e)
The means of adequacy of exit in case of fire from all buildings
covered by the chapter and other places in which persons work or assemble
for any purpose.
(11)
Respond and assist any responding fire departments and emergency
services personnel on scene; and
(12)
Perform such other public safety duties as may be assigned to the
Fire Marshal by the Board of Supervisors.
B.
The Deputy Fire Marshal shall report to and assist the Fire Marshal
with the above duties and shall perform the duties of the Fire Marshal
in the Fire Marshal's absence.
C.
The Fire Marshal is hereby given authority to adopt and enforce temporary
parking regulations to cover emergencies or special conditions in
any public or private street, lane, alley, shopping district or other
areas of private property if the Fire Marshal shall determine that
the parking of motor vehicles, trailers, etc., is liable to interfere
with the operations of the Fire Department. Signs shall be posted
on such street, lane, alley, shopping district, or area of private
property reading "No Parking - Temporary Fire Regulation - by Order
of the Fire Marshal of Chadds Ford Township" or "No Parking - Fire
Lane."
Except when the action of the Fire Marshal results in the filing
of a non-traffic summary citation, an appeal from any other decision,
action, order, or requirement of the Fire Marshal may be taken to
the Board of Supervisors. Non-traffic summary citations shall subject
to the process and procedures provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure.
A.
Such appeal shall be made in writing within five business days after
such decision, action, order, or requirement has been made and shall
be filed with the Township. Failure to file an appeal within the time
stated shall result in a waiver of appeal rights and may result in
an enforcement action as provided in this chapter.
B.
A public hearing pursuant to public notice shall be scheduled not
more than 30 days from the date the appeal is filed with the Township.
C.
The Board of Supervisors shall, following the close of the hearing,
render a decision on the appeal, in writing, and shall mail the decision
to the appellant at their last known address within 15 days.
D.
The Board of Supervisors may only consider the following factors
when deciding an appeal to vary or modify the provisions of the Life
Safety Code or this chapter:
If any section, subsection, sentence, clause, phrase or word
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not render this chapter invalid.
The provisions of this chapter shall be imposed equally upon
and enforced against all persons owning, operating or occupying a
nonresidential property or business or apartment or rental home. This
chapter is intended to protect the health, safety and welfare of persons
and property and nothing in the language or application of this chapter
shall be deemed to authorize or sanction the use of public or private
nonresidential buildings used for any business, commercial or industrial
purpose, and any apartment or long- or short-term residential rental
or multifamily residential building or premises.
This chapter shall become effective five days after its enactment.
All ordinances, resolutions or parts of ordinances or resolutions
directly inconsistent herewith are hereby repealed to the extent of
such inconsistencies only.
