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.