Borough of Middletown, PA Article II Reporting of Fires [1]

[Adopted 11-13-1972 by Ord. No. 609, approved 11-13-1972]

[1] Editor's Note: The provisions of this article were continued in effect by Section 4.3 of Ord. No. 697.

§ 155-9 Notice to Fire Department required.

Whenever a fire occurs in or about any building of any kind (except a private dwelling), including a building in course of construction, or a structure or lumberyard or place of outdoor storage, it shall be the duty of the owner, manager, person in control or an occupant thereof, upon discovery of such fire or of evidence of there having been a fire even though apparently extinguished, immediately to cause notice of the existence of such fire, circumstances of the same and the location thereof to be given to the local Fire Department. A "private dwelling," within the meaning of the exception, shall be narrowly construed and shall mean a dwelling unit consisting of one or more rooms used for living and sleeping purposes and having a kitchen with fixed cooking facilities, arranged for occupancy by one family. The requirements imposed by this section shall not be construed to forbid the use of all diligence necessary to extinguish such fire prior to the arrival of the Fire Department.

§ 155-10 Right of entry.

The Chief of the Fire Department, the Fire Marshal or the Chief of Police or the authorized representatives of any of them, upon exhibiting the proper credentials or proof of identity upon request, shall have the right to enter any premises or building (except a private dwelling, as aforesaid) without consent of the occupant or of anyone during business or operating hours and also at any time in any emergency that immediately endangers life, property or public safety for the purpose of performing their duties, including law enforcement. Such right to enter without consent, as applied to multiple dwellings, shall relate to those spaces to which the public or any one of the several occupants is ordinarily admitted, such as hallways, basements and similar spaces. Any private dwelling as aforesaid may be entered by such authorities during or immediately following an emergency, such as a fire, explosion or the like, or upon first obtaining a search warrant or with the consent of any occupant of such private dwelling.

§ 155-11 Violations and penalties.

[Amended 4-6-1987 by Ord. No. 943, approved 4-6-1987]

Any person violating § 155-9 or interfering with or obstructing any entry for which § 155-10 provides may, upon conviction thereof before a District Justice, be sentenced to pay a fine not exceeding $300 and, in default of payment thereof, to undergo imprisonment for a period not exceeding 30 days.

§ 155-12 Interpretation of provisions.

[Amended 7-11-2005 by Ord. No. 1194, approved 7-11-2005]

The provisions in §§ 155-9, 155-10 and 155-11 are intended to be cumulative and shall not affect the continuing validity and applicability of other provisions, particularly the provisions of the code adopted in § 114-1 herein.