A program of fire safety and emergency equipment inspections
is authorized for the following facilities located in the Township:
industrial facilities, commercial facilities, retail businesses, banks,
lodging and treatment facilities and all other facilities used for
retail, wholesale, educational and day-care purposes, and places of
worship.
Regular fire inspections of all commercial structures and/or
businesses may be conducted by the Manheim Township Fire Rescue, as
outlined below. All inspections shall be conducted in conformance
with the protections guaranteed businesses and/or individuals in the
United States and Pennsylvania Constitution(s).
A. The following commercial properties and/or businesses are subject
to annual fire inspections:
(1) Structures containing fire-protection systems equipment which includes
automatic fire sprinkler systems, standpipes, fire extinguishing systems
for spray booths and commercial cooking hoods and automatic or manual
fire alarm systems.
(3) Occupancies that involve the manufacturing, processing, generation
or storage of materials that constitute a fire, explosion or health
hazard.
(4) Day-care centers, nurseries, assisted living facilities, health care
centers and nursing homes.
(5) Places that require a special license or permit, including bars,
restaurants, beer distributors, temporary membrane structures, tents
and canopies.
(7) Common areas and occupancies in a mall greater than 5,000 square
feet.
B. All other commercial properties and/or businesses shall have a routine
fire inspection every three years. Commercial properties shall include
all nonresidential occupancies, as defined in Section 202, Occupancy
Classifications, of the International Fire Code.
C. The residential occupancies listed below shall have a routine fire
inspection every three years.
(4) Monasteries and convents.
(5) Alcohol and drug rehabilitation facilities.
A Board of Appeals shall be established by resolution of the Commissioners in conformity with the requirements of the relevant provisions of the International Fire Code, and for the purposes set forth therein. All appeals to violation notices taken pursuant to §
259-33 shall be heard by the Board of Appeals pursuant to the procedures established under the IFC.
The provisions of this article shall be enforced by the Manheim
Township Fire Chief, the Fire Marshal, a designee of the Fire Chief
or the Manheim Township Solicitor. The owner or occupier of any use
required to comply with the terms of this article who shall fail to
comply herewith shall be in violation of this article. Violations
of this article 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. Each day that a violation continues shall constitute
a separate violation. 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. Violations of this article
include but are not limited to the failure to permit an inspection,
failure to pay the inspection fee and failure to correct any deficiencies
noted during an inspection. The provisions of this article also may
be enforced through an equitable action brought in the Lancaster County
Court of Common Pleas as may be required to remedy violations. Manheim
Township shall be able to recover its costs and reasonable attorneys
fees incurred in enforcing a violation of the provisions of this article.
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 article shall be required to
correct or 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 fire safety and emergency equipment inspection article 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 Township 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 Township 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 §
259-34 above, whereupon it is claimed that an inspection was improperly performed or that a permit was improperly granted.