[Adopted 5-13-2014 by Ord. No. 1536]
This article shall be known and may be cited as the "Greenville Borough Fire Code Property Inspection and Licensing Ordinance."
[Amended 12-8-2015 by Ord. No. 1551]
The provisions of this article shall apply annually to all commercial properties both vacant and occupied, and constitutes minimum requirements and standards for premises, structures, equipment and facilities for egress, cooking equipment, utility controls, general precautions, fire protection water supplies, and fire protection systems; and shall govern the inspection, maintenance, and issuance of licenses annually for fire code inspections in the Borough of Greenville, Mercer County, Pennsylvania.
Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall govern. Where, in a specific case, different sections of this article specify different requirements, the most restrictive shall govern.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Uniform Construction Code of Pennsylvania, International Building Code, International Plumbing Code, International Property Maintenance Code, International Fire Code, NFPA 101 Life Safety Code, and NFPA 70 National Electrical Code.
The provisions of this article shall not affect any act done, or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under the authority of any of the ordinances in place prior to the adoption of this article.
No structure, the construction and use of which complied with all code and other such requirements in effect at the time of construction, shall be required to be altered in use or structure by the provisions of this article, except in the case of a clear public safety hazard. In the case of a clear public safety hazard, the Fire Inspector, or a designated representative of the Building Code Official (BCO), in conjunction with the Code Office, shall be authorized to enforce provisions of this article, or other recognized relative ordinances, retroactively.
A. 
Terms defined in other codes. All terms that are not described in Subsection C herein shall have the meanings ascribed to them as stated in the most recent editions of the Pennsylvania Uniform Construction Code, International Building Code, International Fire Code, International Plumbing Code, International Property Maintenance Code, NFPA 101 Life Safety Code, and the NFPA 70 National Electrical Code as adopted by the Borough of Greenville.
B. 
Terms not defined. Where terms are not defined in Subsection C herein and through the methods authorized in Subsections A and C, such terms shall have ordinarily accepted meanings such as the context implies.
C. 
Definitions. As used in this article, the following terms shall have the meaning indicated:
ANNUALLY
Happening every year.
[Added 12-8-2015 by Ord. No. 1551]
BCO
Building Code Official.
[Added 12-8-2015 by Ord. No. 1551]
BIENNIAL
Happening every two years.
COMMERCIAL
Concerned with or engaged in commerce. Making, or intended to make a profit. Typically, but not limited to "C" districts in local zoning laws. Homes used to make profit.
[Added 12-8-2015 by Ord. No. 1551]
DWELLING
A building having one or more dwelling units.
IMMINENT DANGER
A condition which could cause serious or life-threatening injury or death at any time.
LANDLORD
This term shall have the same meaning as "property owner."
MEANS OF EGRESS
A continuous and unobstructed way of egress travel from any accessible point in a building or facility to a public way.
OCCUPANCY
The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT
A person, corporation, partnership or group, whether or not the legal owner of record, occupying a non-owner-occupied unit.
PERSON-IN-CHARGE/PROPERTY MANAGER
An adult individual designated by the owner as the agent of the owner for service of process and receiving notices or demands and to perform the obligation of the owner under this article and under rental agreements with occupants.
[Amended 12-8-2015 by Ord. No. 1551; 1-9-2017 by Ord. No. 1567; 1-10-2022 by Ord. No. 1617; 12-12-2022 by Ord. No. 1627]
A. 
License required. No owner shall lease, operate, rent or allow to occupy any commercial property in the Town of Greenville unless the required inspection process has been conducted, regardless of occupancy status. Any commercial property that is occupied by anyone other than the owner of record must submit a copy of the written, signed lease with their tenants/occupants. Copies of signed leases for occupied properties shall be submitted at the time of application and upon any change in occupant.
(1) 
In no case shall the existence of any agreement between the owner and occupant relieve the owner of any responsibility under the article or other ordinances or codes for property maintenance or inspection of the premises inclusive of articles of agreement, land contracts, or any other form of rent-to-own agreements.
(2) 
No commercial properties shall exist, no matter the occupancy status, without the minimum property insurance coverage of replacement costs and liability coverage in the amount of $200,000. Copies shall be provided annually with the fire code property inspection and licensing application.
B. 
Application. Applications for inspection and licensing shall be made annually to the Administration Office on forms furnished by the Borough of Greenville, which applications shall include:
(1) 
The name, address, telephone number, and email of the owner, or the owner's authorized agent, and of the operator or person responsible. Every owner who is not a full-time resident of the Borough of Greenville, and who does not reside within a fifty-mile radius of the Borough, shall designate a person-in-charge or property manager who shall reside within a fifty-mile radius of Greenville, Pennsylvania.
(2) 
The location of the structure by street and number.
(3) 
The number of units available for occupancy at a single address, structure or premises.
(4) 
Name of current occupant at the time of licensing.
(5) 
Current business name at the time of licensing.
(6) 
Such other related information as the Administration Office may reasonably require.
C. 
Inspection procedures. Upon completion of the Fire Code Licensing Application, the Fire Inspector, or a designated representative of the BCO, shall conduct a property inspection to include all unoccupied portions of the building. The Fire Inspector, or a designated representative of the BCO, having found no violations as identified in the adopted codes, shall upon receipt of payment for inspection, provide the property owner with a signed license that shall be valid for one year from month of initial inspection. Having found violations to be present, the Fire Inspector, or a designated representative of the BCO, shall inform the property owner in writing of the violations per the code reference and administer fees where applicable. The fire code license shall not be issued until all violations are abated and applicable fees are paid.
(1) 
Notification of inspection.
(a) 
The property owner or owner-designated representative shall schedule the inspection with the Town and complete all required inspections before the end of the expiration month of record.
(b) 
The property owner shall inform the current occupants of the scheduled inspection.
(c) 
Access to the property for the purpose of conducting an inspection shall be the sole responsibility of the owner or the owner-designated representative.
(d) 
If the property is not inspected within the time frame set forth above, the Fire Code License shall be suspended. The subject premises shall be vacated within 10 days of revoking the license, at the owner's expense, and shall not be offered to others for occupancy until the property is in compliance with this article. The Town of Greenville reserves the right to file at the District Magistrate's office to obtain compliance.
(2) 
Inspection procedures.
(a) 
The inspection will be conducted by the Fire Inspector or a designated representative of the BCO.
(b) 
No inspection will be conducted unless the owner and/or the occupant or a designated representative of the owner and/or occupant is present. This person must be at least 18 years of age or older.
(c) 
The Fire Inspector, or a designated representative of the BCO, shall follow standard inspection procedures.
(d) 
All inspections shall be conducted during regular business hours. After-hours and Saturday inspections may be scheduled, provided the date and times are mutually agreed upon by the owner and the Fire Inspector, or a designated representative of the BCO.
D. 
Issuance or refusal. The BCO shall issue a Fire Code Property Inspection License to the applicant upon proof that all of the following requirements have been satisfied:
(1) 
Zoning use permit has been issued for the purpose for which it will be used;
(2) 
A fire code property inspection has been completed;
(3) 
The structure complies with the provisions of this article and all other applicable codes and/or ordinances;
(4) 
The proper fees have been submitted for the fire code property inspection.
(5) 
There are no outstanding sewer bills.
(6) 
All municipal taxes owed are paid to date.
(7) 
The stormwater utility fee is paid to date.
(8) 
The fire service fee is paid to date.
(9) 
There are no outstanding garbage bills, and the service is current if occupied.
(10) 
Copy of written lease agreement between property owner and tenant.
(11) 
Copy of insurance coverage with a minimum coverage with replacement costs and a minimum of liability coverage in the amount of $200,000.
E. 
Exemptions.
(1) 
Any property that is regulated by the Section 8 Housing program and has at least a biennial inspection is exempt from the fire code inspection. The report will need to be provided to the Borough to make this exemption. A Fire Code Property Inspection License will still be required under the provision of this article.
F. 
Fees. The fees for a Fire Code Property Inspection License shall be established by resolution of Borough Council and may be amended from time to time.
G. 
Billing procedures.
(1) 
Billing procedures, passed inspection.
(a) 
Upon passage of the initial inspection, the property owner will receive signed documentation of the inspection along with an invoice for the appropriate fees that shall be paid within 30 days.
(b) 
If payment is not made after 30 days, the Borough will take steps to ensure payment is received, including but not limited to a courtesy letter and/or filing at the Magistrate's Office.
(c) 
Once payment is received and all provisions listed in § 222-49D have been met, the Fire Code Property Inspection License will be issued to the property owner.
(2) 
Billing procedures - failed inspection.
(a) 
Upon failure of the initial inspection, the property owner will receive signed documentation of the failed inspection along with the date and time of the re-inspection.
(b) 
When the re-inspection passes, the property owner will receive an invoice for the appropriate fees that shall be paid within 30 days.
(c) 
If payment is not made after 30 days, the Borough will take steps to ensure payment is received, including but not limited to: courtesy letter and/or filing at the Magistrate's office.
(d) 
Once payment is received and all provisions listed in § 222-49D have been met, the Fire Code Property Inspection License will be issued to the property owner.
H. 
Transferability. Fire Code Property Inspection License shall be transferable upon change of ownership, providing the permitted use has not changed. If the permitted use has changed, another fire code inspection is required at no charge to update the permitted use for that business. The new owner or designated operator is required to promptly notify the Administrative Office upon change of ownership.
[Amended 12-8-2015 by Ord. No. 1551; 12-12-2022 by Ord. No. 1627]
A. 
The Town of Greenville shall send a letter with a blank application 60 days before the Fire Code Inspection License is set to expire making the property owner aware of the pending deadlines.
B. 
Application process. Any property that is discovered by the Town that qualifies for a Fire Code Property Inspection License, the property owner shall submit all applications, schedule, and complete all required inspections to receive their license and set their expiration month of record.
C. 
Annual application. Fire Code Property Inspection Licenses shall be valid for one year from the month of issuance and shall be renewed annually.
D. 
Existing Fire Code properties. Concerning existing fire code properties requiring renewed licenses as required by § 222-43 herein, the property owner shall submit all applications, schedule, and complete all required inspections, and comply with § 222-49D before the end of the expiration date of record.
A. 
Failure to comply. Any property owner who maintains any property or properties subject to the Fire Code Property Inspection and License ordinance, who fails to: comply with the requirements of this article, abate the violations of an inspection report, or who knowingly remits any false or fraudulent information, shall, by said conduct, violate the provisions of this article, and shall upon conviction be subject to a fine of not less than $250 and not more than $1,000; and, in default of payment of said fines and costs, shall be subject to a term of imprisonment of not to exceed 30 days. Each day that a violation continues shall constitute a fine of not less than $25 and not more than $100 to be calculated from the day of violation. All fines and penalties received by the Borough for enforcement of this Code shall be paid to the Treasurer of the Borough of Greenville.
[Amended 12-8-2015 by Ord. No. 1551; 12-12-2022 by Ord. No. 1627]
B. 
Violation procedures.
(1) 
Property owners shall be notified in writing of all violations of the Borough's fire code and other applicable codes.
(2) 
Violations that are designated as fail items shall be defined as being violations that are either: mechanical, electrical, egress, or structural violations so severe that if allowed to go uncorrected could cause immediate physical harm to the occupants of the structure. These violations must be corrected immediately or at a time set by the Fire Inspector, or a designated representative of the BCO. In no instance shall a violation of this type be permitted to go uncorrected beyond 15 business days.
(3) 
The Fire Inspector, or a designated representative of the BCO, shall institute an appropriate action or proceeding at law as provided in the Borough's Fire Code for continued noncompliance with orders and notices.
A. 
Imminent danger. Whenever an imminent danger to community health, safety, or welfare exists at a property, the Fire Inspector, or a designated representative of the BCO, is authorized and empowered to order and require any structure on the property vacated within 10 days from the date of the order. At the end of the 10 days, a notice shall be posted at each entrance to the structure(s) stating that occupancy of the structure is unlawful and any person occupying the structure will be prosecuted.
B. 
Outstanding violations. The BCO may revoke the Fire Code Property Inspection License when a violation has not been corrected after a period of 90 calendar days.
C. 
Suspension procedures.
(1) 
Notification. The BCO shall notify the property owner of a suspension by written notice sent certified mail or delivered in person. The notice shall advise the property owner of the property as to the effective dates of the suspension, the reason for the suspension, the effect of the suspension on the property, penalties that can be imposed for violation of the suspension, and appeal rights and procedures.
(2) 
Term of suspension and effective date. The effective date of a suspension shall commence on the day of notification per the written notification as served in person or as mailed via certified mail. A suspension shall be in effect until such time as the violation is abated.
(3) 
Effect of suspension. While under suspension, the property is subject to suspension, if occupied, may be required to be vacated and secured.
D. 
Appeal procedures.
(1) 
Request for appeal. Appeals of suspension initiated by the BCO shall be heard by the Greenville Borough Code of Appeals Board in accordance with the procedures established for appeals by the Borough. The Board of Appeals is empowered to sustain, withdraw, or modify the suspension.
(2) 
Appeal application deadline. The appellant wishing to appeal the decision of the BCO shall do so within 30 calendar days upon receipt of the written decision.
(3) 
Request for appeal. A written request for appeal shall be made at the Greenville Borough Municipal Building. The appeal request shall include any relevant materials for the appeal including the written decision of the BCO and all applicable fees.
(4) 
Fees. The fees for appeals under this article shall be established from time to time by resolution of Borough Council.
(5) 
Hearing date. The hearing shall be scheduled and conducted within 30 calendar days of the applicants request unless both parties agree in writing to an extension in time.
(6) 
Notice of hearing. The Board of Appeals hearing shall be advertised in accordance with the Borough Code and the Borough shall notify the property owner or person-in-charge in writing by first class mail no later than 10 business days prior to the hearing date.
(7) 
Request for continuance. If the property owner or person-in-charge is unable to attend the scheduled meeting of the Board of Appeals, a written request for continuance shall be submitted to the Borough Manager, detailing why the hearing should not be held as scheduled, and when the property owner or person-in-charge would be able to attend.
(8) 
Promulgation of decision. The decision of the Board of Appeals shall be made within 15 business days after the close of evidence, and shall be forwarded by certified mail to the property owner or person-in-charge, the BCO, and the Borough Manager.
(9) 
Appeals to the court of common pleas. Appeals to the decision of the Greenville Borough Code of Appeals Board shall be made to the Court of Common Pleas.
[Amended 12-8-2015 by Ord. No. 1551]
A Fire Code Property Inspection License shall be renewed annually on or before the date of expiration; except in the event that a violation should occur. The permit and license fee shall be as follows:
A. 
Fire code property inspection and license. As provided by resolution by Borough Council and as amended from time to time.
B. 
Reinspection for failed inspection(s). If violations are found and correction is required and a reinspection is required to verify compliance, the initial reinspection shall be at no cost. Fees for subsequent reinspections required to verify compliance shall be established by resolution by Borough Council and as amended from time to time.
That nothing in this article hereby adopted shall be construed to affect any suit or proceeding pending in court, or any rights acquired or liability incurred or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in this article; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article. If any portion of this article is ruled invalid by a court of competent jurisdiction the remainder shall remain in full effect.