[HISTORY: Adopted by the Board of Supervisors of the Township of Marshall 10-11-1995 by Ord. No. 274. Amendments noted where applicable.]
[Amended 5-6-1997 by Ord. No. 293]
The Township of Marshall hereby adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the fire prevention code known as the "BOCA National Fire Prevention Code, 1996 Edition," together with the appendices, save and except such portions as are hereinafter deleted, modified or amended, of which three copies have been and now are filed in the office of Secretary, and the same are hereby adopted and incorporated as fully as if set out at length herein. From the date on which this Chapter shall take effect, the provisions thereof shall be controlling within the corporate limits of the Township of Marshall.
[Amended 5-6-1997 by Ord. No. 293]
The fire prevention code hereby adopted is amended as follows:
A. 
"Township of Marshall" shall be inserted wherever the words "Name of Jurisdiction" appear in brackets therein.
B. 
Wherever the term "legal officer" or "legal representative" is used in this code, it shall be held to mean the "Township Solicitor."
C. 
Section F-112.3 is hereby amended to read as follows:
F-112.3 Penalty for violations.
1. 
Any person who shall violate any provision of this code shall, upon conviction thereof, be sentenced to pay a fine not exceeding $300, and/or to imprisonment for a term not to exceed 90 days. Each day a violation of this code continues shall constitute a separate offense.
2. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
D. 
Section F-105.1 is hereby amended to read as follows:
F-105.1 Enforcement officer.
It shall be the duty and responsibility of the Fire Marshal to enforce the provisions of the fire prevention code as herein set forth. The Fire Marshal is herein referred to as the "Code Official."
E. 
Section F-113.2 is hereby amended to read as follows:
Section F-113.2 Membership of Board.
The Board of Appeals shall be the Board of Supervisors of the Township of Marshall.
F. 
Sections F-113.2.1 and F-113.2.2 are repealed.
G. 
Section F-113.5 is hereby amended to read as follows:
F-113.5 Postponed hearing.
When three members are not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request and receive a postponement of the hearing. A new hearing shall be held within five days.
H. 
Section F-113.6 is hereby amended to read as follows:
Section F-113.6 Board decision.
The Board shall affirm, modify or reverse the decision of the Code Official by a concurring vote of three members.
In all matters that are regulated by the laws of the Commonwealth of Pennsylvania, County of Allegheny or by regulations of departments or agencies of the Commonwealth of Pennsylvania or County of Allegheny promulgated by authority of law, such laws or regulations, as the case may be, shall control where the requirements thereof are the same as or more limiting than the provisions of this Chapter. The code shall control in all cases where the state or county requirements are not as strict as those contained in this Chapter.
The provisions of this Chapter, so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this Chapter are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this Chapter shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending to or to be instituted to enforce any right or penalty or to punish any offense under authority of any of the repealed ordinances.
[Amended 2-6-2023 by Ord. No. 485]
A. 
Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them hereunder, except where the context clearly indicates a different meaning:
BUSINESS PROPERTY
Any property with a building or structure thereon that falls within the classifications set forth in the International Building Code as Assembly, Business, Educational, Factory, High Hazard, Institutional, Mercantile, Storage, and Utility and Miscellaneous, which exceeds 12,000 square feet in gross floor area, and located within the Township of Marshall.
FIRE CODE
Chapter 79 of the Marshall Township Code of Ordinances, Fire Prevention.
MULTI-FAMILY DWELLING
Any building containing two or more individual dwelling units, including two-family dwellings (duplexes), triplex dwellings, quadplex dwellings, townhouse dwellings, and apartment dwellings, as defined in Chapter 208 of the Marshall Township Code of Ordinances, Zoning.
OCCUPANT
A tenant or other occupant in possession of the property.
OFFICIAL
The duly appointed Marshall Township Building Code Official, the Marshall Township Fire Code Official, or such substitute designated by the Township Manager or Board of Supervisors to administer and enforce this Section.
B. 
Inspections.
(1) 
The Township, through the official, shall subject the following to annual fire prevention and life safety inspection of premises:
(a) 
Group A: Places of Assembly.
(b) 
Group R: Residential (except one-and two-family dwellings, townhouses) Inspections apply to common and open areas of buildings only.
(c) 
Group M: Mercantile over 12,000 square feet.
(d) 
Group E: Educational.
(e) 
Group H; Hazard.
(f) 
Vehicle Service Stations and Repair Garages.
The official is authorized to conduct a reinspection upon a determination that the business property or multi-family dwelling fails to comply with any provision of the Fire Code.
(2) 
The property owner or occupant of each business property or multi-family dwelling within the Township shall, within 180 days of the effective date of this section, or the creation of a new business property or multi-family dwelling, contact the official to schedule an initial inspection. An initial inspection of all business properties and multi-family dwellings within the Township shall be scheduled and completed no later than January 1, 2024. The official shall be authorized to conduct an inspection each calendar year thereafter, until the subject property ceases to be used as a business property or multi-family dwelling.
(3) 
The official is authorized to enter for the purpose of inspection upon all business properties and all common areas of multi-family dwellings, an inspection of individual bedrooms or other private areas of multi-family dwellings shall not be required.
(4) 
For the purpose of enforcing this Section, the official may seek to obtain a search warrant issued by a competent authority for the purpose of compelling an inspection under this Section.
(5) 
The official shall issue a report of each inspection and supply a copy thereof to the owner and/or occupant of the property inspected. The report shall note compliance violations and any corrective actions required. The official is authorized and directed to carry out follow-up inspections as needed to determine compliance. Follow-up inspections shall result in assessment of fees as set by resolution of the Board of Supervisors.
C. 
Fees. An inspection fee shall be imposed to defray administrative, clerical and inspection costs, shall be collected by the Township Manager, ad shall be set by resolution of the Board of Supervisors, as may be amended from time to time. The resolution establishing the fee may provide for the fee to be decreased or waived for nonprofit, educational or religious organizations and for the fee to be waived or decreased for any property owner or occupants who voluntarily schedule an initial inspection within 90 days after the passage of this Section or within 60 days after a new business property or multi-family dwelling is created requiring registration herein.
D. 
Appeals.
(1) 
Any person aggrieved by a determination of the official may appeal such determination to the Board of Supervisors by filing a written request with the Township Manager within 30 days after the date of issuance of the determination appealed from. Such appeal shall be accompanied by an appeal fee of $50, or such other amount as is set by resolution of the Board of Supervisors, and shall state the grounds for the appeal. The appellant shall also be responsible to reimburse the Township for any costs of a court reporter or advertising relating to such hearing.
(2) 
The Board of Supervisors may, upon recommendation of the official, establish rules and regulations to govern such inspections and appeals by aggrieved parties.
E. 
Penalties. Any person who owns or occupies a business property or multi-family dwelling within the Township who fails to schedule or otherwise facilitate an initial inspection prior to January 1, 2024, who thereafter fails to obtain an annual inspection in any calendar year thereafter, or who otherwise fails to comply with the requirements of this section, including, without limitation, failing to provide access to the official, shall, upon summary conviction before the Magisterial District Judge, be fined not more than $500 for any one offense, recoverable with costs and restitution, or imprisoned for not more than 30 days, if the amount of such fine and costs is not paid. Each day of a continuing violation shall be considered a separate offense.