[HISTORY: Adopted by the Borough Council of the Borough of Millvale 7-11-2023 by Ord. No. 2820. Amendments noted where applicable.]
A. 
Scope. Unless otherwise expressly stated, the following words and terms shall have the meanings shown in this section for the purposes of this Fire Inspection Ordinance.
B. 
Interchangeability. Words used in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural, the singular.
C. 
Terms defined in other codes. Where terms are not defined in this chapter and are defined in the Pennsylvania Uniform Construction Code,[1] International Fire Code, International Building Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, International Plumbing Code, and National Electrical Code, such terms shall have the meanings ascribed to them as in those codes.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
D. 
Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings, such as the context implies. The latest version of Webster's International Dictionary of the English Language, Unabridged, shall be considered as providing ordinarily accepted meanings.
E. 
Definitions.
COMMERCIAL STRUCTURE
A building, structure, or complex of structures designed for retail and or small-scale wholesale trade. The term encompasses stores, markets, shopping centers, stalls, arcades, and shops. Residential properties with three or more rental units are considered commercial properties.
FIRE CODE OFFICIAL
A duly authorized Borough representative or representatives, code enforcement officer, building code official, or other designated authority charged with the administration and enforcement of the code by the Borough Manager and appointed by Borough Council.
NONRESIDENTIAL PROPERTIES
Property other than housing includes office buildings, shopping centers, businesses, churches, hotels, hospitals, schools, or government buildings.
PERSON
Any individual, partnership, association, syndicate, company, firm, trust, corporation, department, bureau, agency, or other entity recognized by law as the subject of rights and duties.
A. 
Applicability of provisions. The provisions of this Fire Inspection Ordinance shall apply to:
(1) 
Commercial structures and conditions arising after the adoption of this Fire Inspection Ordinance.
(2) 
Existing commercial structures and conditions not legally in existence at the time of adoption of this Fire Inspection Ordinance.
(3) 
Existing commercial structures and conditions when identified in specific sections of this Fire Inspection Ordinance.
(4) 
Existing commercial structures and conditions which, in the opinion of the Fire Code Official, constitute a distinct hazard to life or property.
B. 
Subjects not regulated by this fire inspection ordinance. Where no applicable standards or requirements are outlined in this Fire inspection Ordinance or are contained within other laws, codes, regulations, ordinances, or bylaws adopted by the Borough, compliance with applicable standards of the National Fire Protection Association or other nationally recognized fire safety standards, as approved, shall be deemed as prima facia evidence of compliance with the intent of this Fire Inspection Ordinance. Nothing herein shall derogate from the authority of the Fire Code Official to determine compliance with codes or standards for those activities or installations within the Fire Code Official's jurisdiction or responsibility.
C. 
Matters not provided for. Requirements that are essential for the public safety of an existing or proposed activity, building, or structure, or for the safety of the occupants thereof, which are not explicitly provided for by this chapter shall be determined by the Fire Code Official.
D. 
Conflicting provisions. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.
A. 
Authority. Pursuant to Chapter 125 of the Borough of Millvale Code, the Borough has adopted the Life Safety Code to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of building and premises as provided in Chapter 125. The Fire Code Official shall implement, administer, and enforcement of the provisions of this Life Safety Code.
B. 
Duties. The Fire Code Official's duties shall include, but are not limited to, the following:
(1) 
Reviewing construction plans upon receipt of permit applications for new and existing structures and issuing recommendations for improvement of fire prevention and protection on the basis thereof.
(2) 
Conducting all inspections required pursuant to the Fire Inspection Ordinance.
(3) 
Filling out the Borough of Millvale Fire Inspection Report in accordance with their findings upon completion of the inspection.
(4) 
Relaying and explaining the findings from the inspection to the owner/operator of the property.
(5) 
Advising the property owner in correcting all dangerous and unsafe conditions which are in violation of the Fire Inspection Ordinance and may contribute to a fire.
(6) 
Ensuring compliance with all recommendations made as a result of any inspections conducted pursuant to this Fire Inspection Ordinance.
C. 
Right of entry. Whenever it is necessary to make an inspection to enforce the provisions of this Fire Inspection Ordinance, or whenever the Fire Code Official has reasonable cause to believe that there exists in a commercial structure any conditions or violations of this Fire Inspection Ordinance which make the commercial structure unsafe, dangerous or hazardous, the Fire Code Official shall have the authority to enter the commercial structure at all reasonable times to inspect or to perform the duties imposed upon the Fire Code Official by this Fire Inspection Ordinance. If such a commercial structure is occupied, the Fire Code Official shall present credentials to the occupant and request entry. If such commercial structure is unoccupied, the Fire Code Official shall first make a reasonable effort to locate the owner or other person having charge or control of the commercial structure and request entry. If entry is refused, the Fire Code Official has recourse to every remedy law provides to secure entry.
D. 
Warrant. Upon a showing of probable cause that a violation of the Fire Inspection Ordinance or any other ordinance of the Borough of Millvale has occurred, the Fire Code Official may apply to the Magisterial District Judge having jurisdiction in the Borough of Millvale for a search warrant to enter and inspect the premises.
E. 
Identification. The Fire Code Official shall provide proper identification upon request when inspecting commercial structures or premises in performing duties under this Fire Inspection Ordinance.
F. 
Notices and orders. The Fire Code Official is authorized to issue such notices or orders as required to affect compliance with this Fire Inspection Code per the provisions contained herein. All notices of violations or orders shall contain the following:
(1) 
The name of the owner of record and any other person against whom the municipality intends to take action
(2) 
The location of the property in violation
(3) 
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of the Ordinance.
(4) 
The date before the steps for compliance must be commenced, and the date before the steps must be completed.
(5) 
That the recipient of the notice has the right to appeal the decision of the Fire Code Official via an approved hearing board.
(6) 
That failure to comply with the notice within the time specified, unless extended by Fire Code Official or appeal to the approved hearing board, constitutes a violation with possible sanctions clearly described.
G. 
Official records. The Fire Code Official shall keep and maintain an official record of each inspection made, including notices and orders issued, showing the findings and disposition of each. The Fire Code Official shall also record all building preplans conducted within the Borough. Such official records shall be retained for under five years or as long as the commercial structure or activity to which such records relate remains unless otherwise provided by other regulations. The previous records, including statistical information, shall be made available to the Fire Department Chief Officer when requested. The Fire Code Official shall maintain a record of approvals and shall be available for public inspection during business hours in accordance with applicable laws.
H. 
Fire records. The Borough fire department shall keep a record of fires occurring within the Borough and of facts concerning the same, including statistics on the extent of such fires and the damage caused. The Fire Code Official and Fire Department Chief Officer may add or remove record requirements upon agreement of both.
I. 
Approved materials and equipment. All materials, equipment, and devices approved by the Fire Code Official shall be constructed and installed in accordance with such approval.
J. 
Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials, and uses attending the design, operation, or use of a commercial structure or premises subject to Inspection by the Fire Code Official, the Fire Code Official is authorized to require the owner or agent to provide, without charge to the Borough, a technical opinion and report. The opinion and report shall be prepared by a qualified engineer, specialist, laboratory, or fire safety specialty organization acceptable to the Fire Code Official. They shall analyze the fire safety properties of the commercial structure or premises' design, operation, or use and the facilities and appurtenances to recommend necessary changes. The Fire Code Official is authorized to require design submittals to be prepared by and bear the stamp of a registered design professional.
K. 
Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this Fire Inspection Ordinance, the Fire Code Official, with consultation from the Fire Department Chief Officer, shall have the authority to grant modifications for individual cases, provided the Fire Code Official shall first find that special individual reason makes the strict letter of this Fire Inspection Ordinance impractical. The modification complies with the intent and purpose of this Fire Inspection Ordinance and does not lessen the health, life, and fire safety requirements. The Fire Department Chief Officer shall review any modifications to get their input and expertise. The details of action granting modifications shall be recorded and entered in the files of the Fire Code Official.
L. 
Alternative materials and methods. The provisions of this Fire Inspection Ordinance are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this Fire Inspection Ordinance, provided that any such alternative has been approved. The Fire Code Official, with the consultation of the Fire Department Chief Officer and, if necessary, the Borough Engineer, is authorized to approve an alternative material where the Fire Code Official and Fire Department Chief Officer find that the proposed design is satisfactory and complies with the intent of the provisions of this Fire Inspection Ordinance and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this Fire Inspection Ordinance in quality, strength, effectiveness, fire resistance, durability, and safety.
M. 
Fire investigations. The Fire Marshal or other responsible appointed specialist is responsible for investigating the cause, origin, and circumstances of any fire, explosion, or other hazardous condition. The Fire Code Official shall keep and maintain records as provided of these investigations. Information related to trade secrets or processes shall not be made part of the public record except as directed by a court of law.
N. 
Authority on fires and other emergencies. The Borough Fire Department, Borough Police, and Borough Emergency Management Coordinator or whom they delegate shall be in charge at the scene of a fire and other emergencies involving the protection of life or property or any part thereof; shall have the authority to direct such operation as necessary to extinguish or control any fire and perform any rescue operation.
O. 
Liability. The Borough and its agents, officials, representatives, and employees charged with the enforcement of this chapter, while acting for the Borough, shall not thereby be rendered liable and are hereby relieved from all liability for any damage occurring to persons or property as a result of an act required or permitted in the discharge of official duties.
A. 
Inspection authority and qualifications. Upon approval of the Fire Department Chief Officer, the Fire Code Official and any individual or outside agency appointed by the Borough shall be authorized to enter and examine any commercial structure or premises to enforce this Fire Inspection Ordinance. Any individual performing inspections pursuant to this Fire Inspection Ordinance shall have, at minimum, the qualifications outlined in and required by the Borough's position description.
B. 
Permits shall be required. Permits are required for the installation of fixed fire-suppression equipment, sprinkler systems, fire alarm systems, fire hydrants, activities involving blasting and fireworks displays, and otherwise as required and provided in the Pennsylvania Uniform Construction Code,[1] International Fire Code, International Building Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, and the National Electrical Code. Permits shall be applied for through the Borough of Millvale.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
C. 
Inspections prior to permit issuance. Before a new permit is approved, the Fire Code Official is authorized to inspect the receptacles, vehicles, buildings, devices, premises, storage spaces, or areas to be used to determine compliance with this Fire Inspection Ordinance or any other applicable laws or regulations.
D. 
Inspection frequency. The Fire Code Official is authorized to conduct such inspections at least once every two years or as deemed necessary to determine the extent of compliance with the provisions of this Fire Inspection Ordinance. All reports of such inspections shall be prepared and released to the property owner, occupant, and custodian. Inspections and reports shall be managed under the direction of the Borough of Millvale, Zoning and Planning Department, or other designated responsible officer of the Borough. The Fire Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual, detailed, or complex technical issues subject to the approval of the Borough.
E. 
Inspection upon change of use or occupancy. No change shall be made in the use or occupancy of any commercial structure unless such commercial structure has been inspected within the previous two years and is compliant with the Borough's Code of Ordinances, and the International Building Code, if they apply. Subject to the approval of the Fire Code Official, the use or occupancy of an existing commercial structure may be allowed to be changed.
F. 
Inspection requests. It shall be the duty of the holder of the permit or their duly authorized agent to notify the Fire Code Official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this chapter.
G. 
Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Fire Code Official. The Fire Code Official, upon notification, shall make the requested inspections and either indicate the portion of the construction that is satisfactory as completed or notify the permit holder or their agent wherein the same fails to comply with this Fire Inspection Code. Any portions that do not comply shall be corrected, which shall not be covered or concealed until authorized by the Fire Code Official.
H. 
Concealed work. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Whenever any installation subject to inspection before use is covered or concealed without first being inspected, the Fire Code Official shall have the authority to require such work to be exposed for inspection. Neither the Fire Code Official nor the Borough shall be liable for expense in removing or replacing any material required to allow inspection.
I. 
Approvals. Approval as the result of an inspection shall not be construed as an approval of a violation of the provisions of this Fire Inspection Ordinance or other Borough ordinances. Inspections presuming to give authority to violate or cancel provisions of this Fire Inspection Ordinance or other ordinances of the Borough shall not be valid.
A. 
Fees. A permit shall not be issued until all fees have been paid, nor shall an amendment to a permit be released until all additional fees, if any, have been paid.
B. 
Fire safety inspections fees.
(1) 
The owner or operator of commercial structures in the Borough shall pay a commercial fire safety inspection fee for inspections performed pursuant to and under this Fire Inspection Ordinance, with such fees as outlined in the approved resolution of Borough fees for the year the inspection occurs.
(2) 
The fire safety inspection fee shall be established and amended from time to time by amendments to the Borough of Millvale's Fee Resolution.
C. 
Work commencing before permit issuance. Anyone who commences any work, activity, or operation regulated by this Fire Inspection Ordinance before obtaining the necessary permits may be subject to an additional fee established by the Borough of Millvale for violating this Fire Inspection Ordinance, which shall be in addition to the required permit fees.
A. 
Maintenance of safeguards. Whenever or wherever any device, equipment, system, condition, arrangement, level of protection, or any other feature is required for compliance with the provisions of this Fire Inspection Ordinance or otherwise installed, such device, equipment, system, condition, arrangement, level of protection, or other feature shall after that be continuously maintained in accordance with this Fire Inspection Ordinance and applicable referenced standards.
B. 
Testing and operation. Equipment requiring periodic testing or operation to ensure maintenance shall be tested or operated as specified in this Fire Inspection Ordinance.
(1) 
Test and inspection records. Required test and inspection records shall always be available to the Fire Code Official and Borough Fire Department Chief Officer, or such records as the Borough Fire Department Chief Officer and Fire Code Official designates shall be filed with the Fire Code Official.
(2) 
Reinspection and testing. Where any work or installation does not pass an initial test or inspection, the necessary corrections shall be made to achieve compliance with this chapter. The work or installation shall then be resubmitted to the Fire Code Official for Inspection and testing.
C. 
Supervision. Maintenance and testing shall be under the supervision of a responsible person who shall ensure that such maintenance and testing are conducted at specified intervals in accordance with this Fire Inspection Ordinance.
D. 
Rendering equipment inoperable. Portable or fixed fire-extinguishing systems or devices and fire-warning systems shall not be rendered inoperative or inaccessible except as necessary during emergencies, maintenance, repairs, alterations, drills, or prescribed testing.
E. 
Owner/occupant responsibility. Correction and abatement of violations of this Fire Inspection Ordinance shall be the owner's responsibility. If an occupant creates or allows to be created hazardous conditions in violation of this Fire Inspection Ordinance, the occupant shall be held responsible for the abatement of such hazardous conditions.
F. 
Overcrowding. Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The Fire Code Official, upon finding any overcrowding conditions or obstructions in aisles, passageways, or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall notify the Borough Fire Department Chief Officer and Borough Police to cause the event to be stopped until such condition or obstruction is corrected.
A. 
Unlawful acts. It shall be unlawful for a person to erect, construct, alter, repair, remove, demolish, or utilize a commercial structure or system regulated by this Fire Inspection Ordinance or cause same to be done, in conflict with or in violation of any of the provisions of this Fire Inspection Ordinance.
B. 
Notice of violation. When the Fire Code Official finds a commercial structure, building, premises, vehicle, storage facility, or outdoor area that violates this Fire Inspection Ordinance, the Fire Code Official is authorized to prepare a written notice of violation describing the conditions deemed unsafe, and when compliance is not immediate, specifying a time for compliance and reinspection.
C. 
Service. A notice of violation issued pursuant to this chapter shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service, mail, or by delivering the same to and leaving it with the person of responsibility upon the premises. For unattended or abandoned locations, a copy of such notice of violation shall be posted on the premises in a conspicuous place at or near the entrance to such premises, and the notice of violation shall be mailed by certified mail with the return receipt requested or a certificate of mailing, to the last known address of the owner, occupant or both.
D. 
Compliance with orders and notices. A notice of violation issued or served as provided by this Fire Inspection Ordinance shall be complied with by the owner, operator, occupant, or other person responsible for the condition or violation to which the notice of violation pertains.
E. 
Unauthorized tampering. Signs, tags, or seals posted or affixed by the Borough Fire Department Chief Officer, Borough Police, Borough Emergency Management Coordinator, and Borough Fire Code Official shall not be mutilated, destroyed, tampered with, or removed without authorization from the posting official. Removal without authorization shall constitute a violation of this chapter.
F. 
Penalties. Any person who is found by a court of competent jurisdiction, including, but not limited to, a Magisterial District Court or Court of Common Pleas, to have violated a provision of this chapter; to have failed to comply with any of the requirements of this chapter; or to have failed to comply with an order, directive, or notice of the Fire Code Official concerning this code, shall be liable for a civil penalty not less than $500 nor more than $1,000 for each violation, plus any and all costs incurred by the Borough in bringing an action against such violation, including, but not limited to, consultant fees, attorney's fees, and expert witness fees. Each day that a violation continues shall be deemed a separate violation.
G. 
Prosecution of violations. If the notice of violation is not complied with within the time frame outlined in the notice of violation, the Fire Code Official is authorized to issue a citation to the magisterial court having jurisdiction in the Borough.
H. 
Abatement of violation. In addition to the imposition of the penalties herein described, the Fire Code Official, in consultation with the Borough Fire Department Chief Officer (and if necessary, the Borough Engineer), is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation; or to prevent illegal occupancy of a commercial structure or premises, or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. The costs of any such abatement or violation authorized by the Fire Code Official shall be chargeable to the property owner(s).
I. 
Appeals. Any appeal from any decision of the Fire Code Official shall be heard by the prescribed Borough of Millvale Building Code Board of Appeals, pursuant to and consistent with the adopted practices and procedures established for or by such Board.
A. 
Order. Whenever the Fire Code Official finds any work regulated by this Fire Inspection Ordinance being performed contrary to the provisions of this chapter or in a dangerous or unsafe manner, the Fire Code Official is authorized to issue a stop-work order.
B. 
Issuance. A stop-work order shall be in writing and given to the property owner, the owner's agent, or the person doing the work. The cited work shall immediately cease upon issuance of a stop-work order. The stop-work order shall contain the following:
(1) 
Name of the owner, owner's agent, operator, or person doing work.
(2) 
Location of the work being done.
(3) 
Reason for the stopping of the work, including code reference.
(4) 
Means of resolving the issues that caused the stoppage of work.
C. 
Emergencies. Where an emergency exists, the Fire Code Official shall not be required to give written notice before stopping the work. A written explanation is required to be provided after the emergency is resolved.
D. 
Failure to comply. Any person who shall continue any work after being served with a stop-work order, except for such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $300 or more than $500.
In consultation with the Borough Fire Department Chief Officer, the Fire Code Official shall have the authority to authorize the disconnection of utility service to the building, structure, or system to execute emergency operations safely or eliminate an immediate hazard. The Borough Fire or Police Department shall notify the serving utility, and, whenever possible, the Fire Code Official notify the owner and occupant of the building, structure, or service system of the decision to disconnect prior to taking such action if not notified prior to disconnection. The owner or occupant of the building, structure, or service system shall be notified in writing as soon as practical after that.
A. 
General. If, during the inspection of a commercial structure, the Fire Code Official determines, in whole or in part, that a clear and inimical threat to human life, safety, or health exists, the Fire Code Official shall consult with all issue such notice or orders to remove or remedy the conditions as shall be deemed necessary in accordance with this section and shall refer the building to Borough's Code Enforcement Officer for any repairs, alterations, remodeling, removing or demolition required.
B. 
Unsafe conditions. Commercial structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or which involve illegal or improper occupancy or inadequate maintenance shall be deemed an unsafe condition. A vacant commercial structure not secured against unauthorized entry shall be deemed unsafe.
C. 
Structural hazards. When an apparent structural hazard is caused by the faulty installation, operation, or malfunction of any items or devices governed by this Fire Inspection Ordinance, the Fire Code Official shall immediately notify the Borough Fire and Police Departments, Borough Building Code Enforcement Officer, and Engineer.
D. 
Evacuation. The Fire Code Official shall consult with the Borough Fire and Police Departments, Borough Engineer, and the Emergency Management Coordinator if necessary to order an evacuation. Order for the immediate evacuation of any occupied commercial structure deemed unsafe when hazardous conditions present imminent danger to building occupants shall be made by the Borough Fire and Police Departments. Persons so notified shall immediately leave the commercial structure or premises and not enter or reenter until authorized by the Borough Fire and Police Departments. No evacuation shall be considered permanent until the owner, operator, or occupant of the structure is notified in writing by the Borough.
E. 
Abatement. The owner, operator, or occupant of a commercial structure or premises deemed unsafe shall immediately abate or cause to be abated or corrected such unsafe conditions by repair, rehabilitation, demolition, or other approved corrective action. Proper permitting is required for all repair work.