[HISTORY: Adopted by the Borough Council of the Borough of
New Britain 5-8-2012 by Ord. No. 343. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 234.
A program of firesafety and emergency equipment inspections
is authorized for the following facilities located in the Borough
of New Britain: all multifamily residential facilities, industrial
facilities, commercial facilities, retail businesses, banks and all
other facilities used for retail, wholesale, educational and day-care
purposes, and places of worship.
The program will be a cooperative endeavor between the Borough
and the community under jurisdiction of the Code Enforcement Officer
and Fire Marshal of New Britain Borough.
The firesafety and emergency equipment inspections shall be
performed annually, and more frequently, if at the discretion of the
Fire Marshal, such more frequent inspection of a property or properties
subject to this chapter is required. It shall be the responsibility
of the property owner to have said inspection performed.
[Amended 2-12-2019 by Ord. No. 395]
A.
The Borough Council of New Britain hereby adopts and incorporates by reference, as if set out at length herein, for the purpose of prescribing regulations to safeguard life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises, that certain code known as the 2015 edition of the International Fire Code, as published by the International Code Council, Inc., subject to the additions, insertions, deletions and changes, if any, prescribed in § 208-4B this chapter. The facilities will be evaluated in accordance with the 2015 International Fire Code, as amended by § 208-4B of this chapter during the inspections. The inspections shall include, but need not be limited to the following matters:
(1)
Fire-suppression and alarm systems.
(2)
Means of egress.
(3)
Fire Department access.
(4)
Electric service and panels.
(5)
Utility and storage areas.
(6)
Room occupancy loads.
(7)
Construction requirements for existing buildings in accordance with
Chapter 11 of the 2015 International Fire Code.
(8)
Storage and handling of hazardous substances and materials.
(9)
Any other aspect of a building or operation regulated by the 2009
International Fire Code, as amended.
B.
The following sections of the International Fire Code are hereby
revised:
(1)
Section 101: to insert "New Britain Borough."
(2)
Section 109.4: to insert that a violation shall be a "summary offense,"
with a fine amount of not more than "$1,000" and imprisonment of not
more than "30 days."
(3)
Section 111.4: insert dollar amounts of not less than "$250" and
not more than "$1,000."
(4)
Section 1103.5.3: to insert that sprinkler shall be installed "prior
to occupancy."
C.
Applicability.
(1)
This chapter shall not apply to new construction that is otherwise
regulated or under construction through permits issued under the Pennsylvania
Uniform Construction Code and the International Codes which are mandatorily
adopted by the Borough of Newtown thereunder (collectively the "UCC").
(2)
To the extent of any conflict between the provisions of the UCC (including,
without limitation, the International Fire Code to the extent the
International Fire Code is referenced by the International Building
Code), the provisions of the UCC shall apply.
The fee for the firesafety and emergency equipment inspections
shall be established and set forth in the New Britain Borough Fee
Schedule as amended from time to time.[1]
[1]
Editor's Note: The current Fee Schedule is on file in the
Borough offices.
A Board of Appeals shall be established by resolution of the
Borough Council in conformity with the requirements of the relevant
provisions of the International Fire Code, and for the purposes set
forth therein.
The provisions of this chapter shall be enforced by the New
Britain Borough Fire Marshal. The owner or occupier of any use required
to comply with the terms of this chapter who shall fail to comply
herewith shall be in violation of this chapter. Violations of this
chapter shall be enforced by an action brought by citation and tried
before a Magisterial District Judge in the same manner provided for
the enforcement of summary offenses under the Pennsylvania Rules of
Criminal Procedure. Upon conviction in a summary proceeding, the violator
shall be subject to a fine not exceeding $1,000 per violation and/or
imprisonment for up to 30 days in the Bucks County Correctional Facility.
Violations of this chapter include but are not limited to the failure
to permit an annual inspection, failure to pay the inspection fee
and failure to correct any deficiencies noted during an inspection.
The imposition of any one penalty for any violation shall not
excuse the violation or permit it to continue, and all persons who
violate any of the provisions of this chapter shall be required to
correct of remedy such violation or defect within a reasonable time
period, but in no event shall a violation remain uncured for longer
than 45 days. When not otherwise specified, a separate offense shall
be deemed to have been committed on each day during which a violation
or noncompliance occurs or continues.
This firesafety and emergency equipment inspection ordinance shall not be construed to affect the responsibility of any party owning, operating, maintaining or installing any equipment, or owning, operating or maintaining any building, for injuries or damage to persons or property caused by any defect therein. Nor shall the Borough be held to assume any liability by reason of an inspection or reinspection authorized herein, by reason of a permit issued or by reason of the approval or disapproval of any building or equipment. Nor does the Borough assume liability for any death or personal injury or property damage alleged to have arisen in connection with any of the places and things inspected as detailed at § 208-4 above, whereupon it is claimed that an inspection was improperly performed or that a permit was improperly granted.
