[HISTORY: Adopted by the Board of Supervisors of the Township of North Whitehall as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-2022 by Ord. No. 2022-2]
[Amended 11-3-2025 by Ord. No. 2025-2]
A. 
An approved emergency access lock box shall be installed on the outside of all new, expanded or renovated buildings and all new and existing gates that prevent emergency services access to buildings in the Township.
B. 
However, a lock box is not required to be installed on single-family and two-family dwellings, or multifamily dwellings which have no enclosed common areas (i.e., no lock box is required for a multifamily dwelling which consists entirely of individual dwellings), or agricultural buildings, or on accessory buildings related to those dwellings or buildings.
(1) 
Change of occupancy. Any change of occupancy in a commercial building shall require an installation of an emergency access lock box prior to receiving a certificate of occupancy.
(2) 
New, renovated or expanded buildings. If a commercial building or accessory structure on the same property is being constructed, expanded or renovated and a building or zoning permit is required, an approved emergency access lock box shall be installed on the outside of the building or structure.
(3) 
Existing buildings. An approved emergency access lock box is recommended for all existing buildings in the Township which are equipped with an automatic fire suppression system, an automatic fire detection system, or a medical emergency alarm system and all gates that prevent access to any building.
(4) 
New, renovated or existing gates. If a gate is required to have an approved emergency access lock box and if the gate is being installed, renovated or replaced and in which a zoning permit is required, the gate shall at that time be equipped with an emergency access lock box.
(5) 
Multiunit properties. Each unit in a multiunit building shall maintain their own emergency access lock box. A common emergency access lock box for these properties can only be installed after review and approval from the Township Fire Code Administrator or his or her designee.
[Amended 11-3-2025 by Ord. No. 2025-2]
Whenever this Article I requires the installation of an approved emergency access lock box, approval of a proposed emergency access lock box location shall be obtained from the Township's Fire Code Administrator or his or her designee before an emergency access lock box is installed.
[Amended 11-3-2025 by Ord. No. 2025-2]
No occupancy permit shall be issued for any building in the Township that is required to have an approved emergency access lock box with required contents until such a lock box has been installed for that building and/or its associate gate and approved by the Township's Fire Code Administrator or his or her designee.
It shall be the responsibility of the owner, lessee, tenant, occupant or other party in control of a building, jointly or severally, to assume all costs and obligations associated with the purchase and installation of an approved emergency access lock box required by this article. Further, they shall all, jointly or severally, be responsible to maintain the lock box in good condition, and to ensure that all keys and information in the lock box are correct and current.
[Amended 11-3-2025 by Ord. No. 2025-2]
The Township's Fire Code Administrator or his or her designee shall have the right to periodically inspect property in the Township for:
A. 
Proper maintenance of the lock box;
B. 
Visibility of the lock box;
C. 
Accessibility of the lock box; and/or
D. 
Proper contents of the lock box.
[Amended 11-3-2025 by Ord. No. 2025-2]
An approved emergency access lock box required by this Article I shall be installed on the outside of the building, structure, or gate in a location approved by the Township's Fire Code Administrator or his or her designee. Written approval of a proposed location for a lock box shall be obtained from the Township's Fire Code Administrator or his or her designee prior to such lock box's installation.
[Amended 11-3-2025 by Ord. No. 2025-2]
The contents of an approved emergency access lock box shall include all of the following, unless any of the items are deemed unnecessary by the Township Fire Code Administrator or his or her designee:
A. 
Keys to the building or structure, including keys to the exterior and interior doors, except for the doors to individual residences within a multifamily building (if a master key is available, then it shall be provided to eliminate multiple keys);
B. 
Keys to mechanical and equipment rooms;
C. 
Keys to elevator controls;
D. 
Keys to specific areas as required and deemed necessary by the Township Fire Code Administrator or his or her designee;
E. 
Keys necessary for the control of a fire protection system;
F. 
A list of names and contact numbers of at least three people familiar with the building or structure who may be contacted in an emergency; and
G. 
All relevant combinations or codes for entry to structure or gate and alarms.
[Amended 11-3-2025 by Ord. No. 2025-2]
It is the intent of the Township's Board of Supervisors that all provisions of this Chapter 239 be read in pari materia, including those provisions of the 2024 IFC incorporated by reference herein and as the same may be modified herein. This Chapter 239 shall be known and cited as the "North Whitehall Township Fire Code" and shall constitute the Township's official fire prevention code.
All other ordinances or parts of ordinances in conflict herewith in whole or in part are hereby repealed, but only to the extent of such conflict.
The Township Secretary to the Board of Supervisors of North Whitehall Township shall certify to the adoption of this article, after the public hearing thereon, and this meeting of the Board being a duly authorized and advertised public meeting, and shall cause the same to be filed as required by law.
[Adopted 11-3-2025 by Ord. No. 2025-2]
A. 
Intent. The intent of this Article II is to set forth regulations concerning non-residential buildings to mitigate the following:
(1) 
Potential fire risks from lack of maintenance with respect to a building;
(2) 
The risk of fire and explosion from storage, use, and handling of certain materials, substances, and/or devices; and
(3) 
Construction, repair, or alterations to buildings, including renovations and changes of use or occupancy.
B. 
Purpose. The intent of this Article II is to establish a procedure for conducting inspections of non-residential buildings that implement nationally recognized standards or best practices to reduce or eliminate the risk of fire, explosions, or hazardous conditions in order to protect the health, safety, and welfare of Township residents, as well as firefighters and other emergency responders during emergencies.
The Township's Fire Code Administrator is designated as the individual responsible for implementing, administering, and enforcing all provisions of this Chapter 239 (the North Whitehall Township Fire Code) and is authorized to employ the assistance of others to carry out his or her duties hereunder. As used throughout the 2024 IFC (as incorporated and as may be modified herein), the term "Fire Code Official" shall refer to the Township's Fire Code Administrator.
A. 
Adoption of 2024 IFC. The 2024 International Fire Code®, as published by the International Code Council, Inc., and as modified in this Article II, is hereby adopted by the Township and shall be incorporated into this Chapter 239 (the North Whitehall Township Fire Code) by reference and made a material part hereof as though the same were fully set forth at length herein. The 2024 International Fire Code® is referred to in this Article II simply as the "2024 IFC."
B. 
Modifications to 2024 IFC. All provisions of the 2024 IFC that are not identified in this Subsection B shall be considered adopted as published. Otherwise, the following provisions shall be modified as follows:
(1) 
Section 101.1 is amended to read as follows:
101.1 Title. These regulations form a part of the North Whitehall Township Fire Code (as the same is codified in Chapter 239 of the Code of the Township of North Whitehall) and these regulations are hereinafter referred to as "this code."
(2) 
Section 103.1 is amended to read as follows:
103.1 Appointment of Fire Code Administrator. The Township's Board of Supervisors shall, by resolution or motion, appoint a Fire Code Administrator to serve at the pleasure of the Board of Supervisors.
(3) 
Section 103.2 is amended to read as follows:
103.2 Designation of fire code official. The North Whitehall Township Fire Code Administrator is hereby designated as the fire code official for purposes of this code. The fire code official is responsible for the implementation, administration, and enforcement of the provisions of this code.
(4) 
Section 103.3 is amended to read as follows:
103.3 Deputies. The fire code official is authorized to employ the assistance of others to carry out his or her duties hereunder.
(5) 
Section 108, including Subsections 108.1 through 108.4. therein, are deleted in their entirety.
(6) 
Section 110.1 is amended to read as follows:
110.1 Unlawful acts. It shall be unlawful for any person to utilize a building, occupancy, premises, or system regulated by this code — or cause or permit the same to be utilized — in conflict with or in violation of any provision of this code.
(7) 
Section 113.4 is deleted in its entirety and the following is substituted therefor:
113.4 Violation penalties. See Chapter 239, Article II, § 239-25, of the Code of the Township of North Whitehall.
(8) 
Section 114.4 is amended to read as follows:
114.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the provisions of Chapter 239, Article II, § 239-25, of the Code of the Township of North Whitehall.
(9) 
Section 202 is amended as follows:
(a) 
A new definition for the term "Township" is added reading as follows:
Township. North Whitehall Township, Lehigh County, Pennsylvania.
(b) 
The definition of the term "Jurisdiction" is deleted in its entirety, and the following is substituted therefor:
Jurisdiction. North Whitehall Township, Lehigh County, Pennsylvania.
(10) 
Subsection 307.1 is deleted in its entirety, and the following is substituted therefor:
307.1 Application of the North Whitehall Township Air Pollution Control Ordinance of 2008, as amended. The provisions of the North Whitehall Township Air Pollution Control Ordinance of 2008, as amended and as codified in Chapter 176 of the Code of the Township of North Whitehall, regulate open burning, recreational fires, and use of portable outdoor fireplaces within the Township.
(11) 
Subsections 307.2 through 307.5 are deleted in their entirety.
(12) 
Section 311.5 is amended to read as follows:
Where the fire code official determines that a vacant building or structure is unsafe pursuant to Section 115 (relating to structural or interior hazards), the fire code official is authorized to require that such building or structure be marked as required by Sections 311.5.1 through 311.5.5.
(13) 
Subsection 401.3.2 is deleted in its entirety, and the following is substituted therefor:
401.3.2 Resetting of fire alarm systems. In the event that a building's fire alarm system is activated, the building's owner(s) or occupant(s) are prohibited from resetting the system until a member of a fire department has arrived and verified the location of the activated devices forming a part of the fire alarm system. The foregoing shall not apply with respect to scheduled tests or maintenance procedures.
(14) 
Subsection 505.1 is amended to read as follows:
505.1 Address identification—generally. New and existing buildings and structures shall be provided with an approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than four inches (4") (102mm) high with a minimum stroke width of 1/2 inch (1/2") (12.7mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building or structure cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the building or structure. Address identification shall be maintained. See also Subsection 505.1.1, which provides specific requirements for location and sizing of address identification (which supplant the location and sizing requirements contained herein) for certain buildings or structures utilized in connection with commercial or industrial uses.
(15) 
A new Subsection 505.1.1 is inserted, reading as follows:
505.1.1 Address identification—specific requirements for certain buildings or structures housing commercial or industrial uses. Where the entirety of any building or structure which is utilized in connection with a commercial or industrial use (as such uses are identified in Chapter 440 (Zoning) of the Code of the Township of North Whitehall) is located greater than fifty (50') from the legal right-of-way line of an abutting public road, such building or structure shall display address identification characters at least six inches (6") (152.4mm) in height with a minimum stroke width of 1/2 inch (1/2") (12.7mm), and such address identification location shall be located on the face of the building or structure which fronts on the public roadway on which the address is located and shall be illuminated by a continuous light source. By way of illustrating the foregoing, if the building has an address of "123 Example Street," the address identification for that building must be located on the face of the building which fronts on "Example Street." Where access is by means of a private road and the building or structure cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the building or structure. Address identification shall be maintained.
(16) 
Section 506.1 is deleted in its entirety, and the following is substituted therefor:
506.1 Applicability of Chapter 239, Article I, of the Code of the Township of North Whitehall. See Chapter 239, Article I, of the Code of the Township of North Whitehall for requirements related to the installation of key lock boxes.
(17) 
Section 506.1.2 is deleted in its entirety.
(18) 
Section A101.1 of Appendix A is deleted in its entirety, and the following shall be substituted therefor:
A101.1 Jurisdiction of North Whitehall Township Building Code Board of Appeals. The North Whitehall Township Building Code Board of Appeals shall have jurisdiction to hear applications for modifications of the requirements of this code pursuant to the provisions of Section 112. As used herein, the term "the board" shall refer to the North Whitehall Township Building Code Board of Appeals. The board shall be authorized to hear evidence from appellants and the fire code official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
(19) 
Appendices A, C, D, and I are adopted in their entirety.
(20) 
Appendices B, E, F, G, H, J, K, L, M, N, and O are deleted in their entirety.
To the extent of any conflict between the provisions of the Uniform Construction Code (UCC) (including, without limitation, the International Fire Code to the extent that it is referenced by the 2021 International Building Code®, and this code, the provisions of the UCC shall control.
Any building or structure which is utilized in connection with any of the following occupancy classifications, as identified in the 2021 International Building Code®, Chapter 3 (occupancy Classification and Use), are required to be inspected in accordance with this Article II. A building or structure which is required to be inspected in accordance with this § 239-16 is referred to in this Article II as a "regulated structure." The occupancy classifications are as follows:
A. 
Assembly: A-1, A-2, A-3, A-4, A-5.
B. 
Business: All business occupancies, except those which are conducted within a dwelling or on a lot for which the principal use thereof is a dwelling in accordance with Chapter 440 (Zoning) (unless required by the Zoning Hearing Board as a condition of approval of zoning relief).
C. 
Educational: All educational occupancies.
D. 
Factory: All factory occupancies.
E. 
High Hazard: H-1, H-2, H-3, H-4, H-5.
F. 
Institutional: I-1, I-2, I-3, I-4.
G. 
Mercantile: All mercantile occupancies.
H. 
Storage: S-1, S-2.
I. 
Utility and Miscellaneous: Certain regulated structures within this occupancy group may be subject to inspection in the sole discretion of the Fire Code Administrator or his or her designee. Agricultural buildings (as defined in Section 202 of the 2021 International Building Code®) are exempt from the inspection requirements contained herein; provided, however, that the Fire Code Administrator or his or her designee, in their sole discretion, may inspect an agricultural building upon the voluntary request of the building's owner or operator.
The Fire Code Administrator or his or her designee is authorized to conduct an inspection of any regulated structure to ensure compliance with the North Whitehall Township Fire Code.
The Fire Code Administrator or his or her designee will inspect a regulated structure with respect to the items listed below. This list is not exhaustive and should not be read to exclude items not listed therein.
A. 
Proper use in accordance with occupancy use classification;
B. 
Cooking hood fire protection systems;
C. 
Portable fire extinguishers;
D. 
Fire protection devices and systems, including standpipes and sprinkler systems;
E. 
Fire, smoke, and other safety alarm devices or systems;
F. 
Emergency power systems;
G. 
Exit and emergency area lighting;
H. 
Storage of materials;
I. 
Stacking and storage of combustible materials;
J. 
Exit/emergency egress doors;
K. 
Records of fire protection and alarm system tests;
L. 
Address identification;
M. 
Other items required by the Pennsylvania Uniform Construction Code (as adopted by 34 Pa. Code § 403.21) or the National Fire Protection Association Life Safety Code (101) to be periodically tested and/or inspected; and
N. 
Any other item which, in the sole opinion of the Fire Code Administrator or his or her designee, is necessary for or relates to fire prevention and life safety.
If a regulated structure contains more than one occupancy, separate inspections shall be required for each occupancy. Any areas under the control of the regulated structure's owner (e.g., common areas) shall also be subject to a separate inspection.
Following any inspection that reveals the existence of violations of the North Whitehall Township Fire Code, the Fire Code Administrator or his or her designee shall provide a written inspection report to the owner or operator of the regulated structure or portion thereof to which the report relates. The report shall list all violations and a date by which such violations must be corrected. Failure to correct all violations by the date indicated in the report may result in the Fire Code Administrator or his or her designee prohibiting occupancy of the regulated structure or portion thereof until such violations have been corrected. In cases where an owner or operator disputes the violation(s) or the required corrective measures identified by the Fire Code Administrator or his or her designee, the owner or operator may file an appeal with the North Whitehall Township Building Code Board of Appeals within 30 days of receipt of the report. Failure to timely file an appeal will render the report conclusive and unassailable.
If the results of an inspection reveal no violations, or upon the correction of any violations identified in an inspection report, the Fire Code Administrator or his or designee shall issue a certificate of compliance to the owner or operator of the regulated structure or portion thereof indicating that the regulated structure or portion thereof is in compliance with the provisions of the North Whitehall Township Fire Code (as used in this Article II, a "certificate of Fire Code compliance"). The certificate of Fire Code compliance shall remain valid until subsequent reinspection of the regulated structure or portion thereof by the Fire Code Administrator or his or her designee. In the event that an owner or operator of a regulated structure or portion thereof refuses to permit a subsequent reinspection, the Fire Code Administrator may revoke the certificate of Fire Code compliance and prohibit occupancy of the regulated structure or portion thereof until such reinspection occurs and a new certificate of Fire Code compliance is subsequently issued.
The Township Fire Code Official or his or her designee will begin inspecting all regulated structures within the Township beginning on December 1, 2025. Following the initial inspection of a regulated structure, the Fire Code Official or his or her designee may thereafter reinspect the regulated structure once every two years. Additionally, inspections shall occur upon the following:
A. 
With respect to newly constructed regulated structures, inspections shall occur prior to the issuance of a certificate of occupancy (see Chapter 440, Zoning), and the receipt of a certificate of Fire Code compliance shall be a prerequisite to obtaining a certificate of occupancy for the regulated structure or portion thereof to which the inspection relates.
B. 
With respect to the expansion of, or change in use of, existing regulated structures, inspections shall occur prior to the issuance of a certificate of occupancy (see Chapter 440, Zoning), and the receipt of a certificate of Fire Code compliance shall be a prerequisite to obtaining a certificate of occupancy for the regulated structure or portion thereof to which the inspection relates.
C. 
With respect to modifications or renovations to an existing regulated structure for which a zoning permit is required by Chapter 440, but a certificate of occupancy is not required by Chapter 440, inspections shall occur following the completion of such modification(s) or renovation(s), and receipt of a certificate of Fire Code compliance shall be a prerequisite to re-occupancy of the regulated structure or portion thereof to which the inspection relates.
D. 
Notwithstanding the foregoing provisions of this § 239-22, the Fire Code Official or his or her designee shall be authorized to inspect a regulated structure at any time where the Fire Code Official or his or her designee has a reasonable belief that such regulated structure is not in compliance with the North Whitehall Township Fire Code.
The owner of a regulated structure shall be responsible to pay the fee for any inspection, as identified in the Township's duly adopted fee schedule, which may be amended from time to time. With respect to a regulated structure containing more than one occupancy which requires multiple inspections, the owner or operator of each occupancy shall be responsible for payment of the inspection fee. In the event that an owner or operator fails to pay the required inspection fee within 30 days of receipt of an invoice from the Township for same, the Fire Code Official or his or her designee may prohibit the occupancy of the regulated structure or portion thereof to which the inspection relates until such fee has been paid.
A. 
If an inspection of a regulated structure or portion thereof reveals the existence of an immediate fire hazard or condition dangerous to human life or property, as determined by the Fire Code Administrator or his or her designee, then the Fire Code Administrator or his or her designee is authorized to order an immediate evacuation of the regulated structure, portion thereof, or premises upon which the regulated structure is located until such hazard or condition has been corrected.
B. 
Additionally, the Fire Code Administrator or his or her designee shall serve notice of the existence of an immediate fire hazard or condition dangerous to human life or property upon the owner of the regulated structure. Such notice shall be: (1) posted in a conspicuous place on the regulated structure or the premises upon which the regulated structure is located; and (2) either: (i) personally delivered; or (ii) sent by certified mail, postage prepaid and return receipt requested, with an additional copy sent by regular mail, postage prepaid. Such notice shall indicate the corrective actions that must be taken to correct the immediate fire hazard or dangerous condition and the date by which such corrective action(s) must be completed. If the owner of the regulated structure fails to cause the completion of the corrective action(s) within the time specified in the notice, the Township may then perform such corrective action(s) and the owner of the regulated structure must reimburse the Township, within 30 days of the owner's receipt of an invoice for same, for the Township's costs incurred in performing such corrective action(s). Failure by an owner to pay an invoice for the Township's performance of corrective action(s) in accordance with this § 239-24 may result in a municipal lien being imposed against the property on which the regulated structure is located. The imposition of such lien shall be governed by the Municipal Claims and Tax Liens Law, Act of May 16, 1923, P.L. 207, No. 153, as amended, 53 P.S. § 7101 et seq.
C. 
Nothing contained herein shall be construed to limit the power of the Fire Code Administrator or his or her designee to take immediate corrective action against a regulated structure, portion thereof, or the property upon which the regulated structure is located without any prior notice to the owner thereof, whenever the Fire Code Administrator or his or her designee determine, in their sole discretion, that there exists a violation of the North Whitehall Township Fire Code which creates an emergency requiring immediate corrective action to protect human life or property.
A. 
Notice of violation. In the event that the Fire Code Administrator or his or her designee determines that a person has violated or permitted a violation of this Chapter 239, the Fire Code Administrator or his or her designee shall issue a notice of violation to such person. The notice of violation shall identify:
(1) 
The specific section(s) or subsection(s) of this Chapter 239 which is or are alleged to have been violated;
(2) 
The corrective action(s) that must be taken to correct such violation(s) and the date by which such actions must be completed;
(3) 
The potential violations or penalties to be imposed for failure to comply with the notice of violation;
(4) 
A statement identifying the person's right to appeal the notice of violation to the Township's Building Code Board of Appeals within 30 days of the notice of violation's issuance; and
(5) 
A statement that failure to timely appeal the notice of violation will result in the allegations contained in the notice of violation being deemed conclusive and unassailable.
B. 
Service of notice of violation. A notice of violation shall be issued to: (i) the owner of the property on which the violation is alleged to have occurred; (ii) any person who has filed a written request to receive enforcement notices regarding the property on which the violation is alleged to occur; and (iii) any other person requested in writing by the owner of the property on which the violation is alleged to occur. The notice of violation shall be served in the following manner:
(1) 
By personal delivery to the owner of the property on which the violation is alleged to have occurred; or
(2) 
By regular mail, postage prepaid, sent to the address of the property on which the violation is alleged and to the address of: (i) the owner of the property on which the violation is alleged to have occurred; (ii) any person who has filed a written request to receive enforcement notices regarding the property on which the violation is alleged to occur; and (iii) any other person requested in writing by the owner of the property on which the violation is alleged to occur.
C. 
Penalties for violation of this Chapter 239. Any person who violates or permits violation of this Chapter 239 shall, upon conviction in a summary proceeding brought before a Magistrate District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each and every day the violation continues after the date of issuance of a notice of violation shall be deemed a separate and distinct violation. The Township may claim attorneys' fees as a matter of restitution. Nothing contained herein shall prevent the Township from exercising any rights or remedies provided by law in response to a violation of this Chapter 239, including but not limited to the initiation of an action in equity seeking injunctive relief.