The purpose and the intent of this code is to prescribe minimum requirements and controls to safeguard life, property or public welfare from hazards of fire or explosion arising from the storage, handling or use of substances, materials or devices and conditions hazardous to life, property or public welfare in the use or occupancy of buildings and structures.
This code shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures and their service equipment, and shall apply to existing or proposed buildings and structures in Forks Township, except as such matters are otherwise provided for in this code or in other ordinances of the Township.
Nothing in this code shall be construed, interpreted or applied to abrogate, nullify or abolish any state law or regulations, or any ordinance, code or regulations adopted by this municipality. When any provision of this code is in conflict with any building, zoning, safety or other applicable law, the provision establishing the higher standard for protection of the safety and welfare of the public shall prevail.
The enforcement officer of this code shall be the Fire Chief of the Forks Township Fire Department, or authorized appointee of the Fire Chief. Said officer shall be known as the "Fire Code Official."
The Fire Code Official shall endeavor to inspect all structures and premises for the purpose of ascertaining and causing to be corrected any conditions liable to cause or to contribute to the spread of fire, interfere with firefighting operations or endanger life.
Whenever necessary to enforce this code, or whenever the Fire Code Official has reasonable cause to believe there exists any condition which makes any structure or premises unsafe, the Fire Code Official shall be permitted to enter such structure or premises at all reasonable times to inspect the same or perform any duty imposed by this code. If such entry is refused after proper identification by the Fire Code Official, the Fire Code Official shall have recourse to every remedy provided by law to secure entry.
Upon notice from the Fire Code Official, that work on any building or structure is being prosecuted contrary to the provisions of this code or in an unsafe or dangerous manner, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved or to the owner's agent, or to the person doing the work. The stop-work order shall state the conditions under which the work may be resumed.
The Fire Code Official shall serve a written notice of violation or order on the person responsible for the construction, alteration, addition, repair, removal, demolition, use, location, occupancy or maintenance of a building or structure in violation of the provisions of this code, or in violation of a detailed statement or a plan approved thereunder; and such order shall direct the discontinuance of the illegal action or condition and abatement of the violation.
If the notice of violation or stop-work order is not complied with promptly, the Fire Code Official shall, after obtaining approval from the Forks Township Board of Supervisors, request the legal counsel of the jurisdiction to institute appropriate proceedings at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
[Amended 3-14-1999 by Ord. No. 250]
This chapter shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense. Each section of this chapter that is violated shall also constitute a separate offense.
The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or use of a building or structure in or about any premises.