[HISTORY: Adopted by the City Council of the City of Harrisburg 9-23-2003 by Ord. No. 25-2003. Amendments noted where applicable.]
Editor's Note: Section 17 of Ord. No. 25-2003 provided as follows: "Subtitle 3-900, entitled Fire Prevention Code, is hereby repealed in its entirety, with the exception of Chapter 3-953, entitled Fire Occupancy Classification and Occupancy Loads, and Chapter 3-961, entitled Residential (Domestic) Sprinklers, which remain in full force and effect and are renumbered Chapters 3-903 and 3-905, respectively, and new Chapter 3-901 is hereby added to the Codified Ordinances as follows."
It is the intent and purpose of this chapter to adopt a modern Fire Code which will prescribe effective standards and minimum requirements consistent with nationally recognized good practice for safeguarding life, property and public welfare from the hazards of fire, explosion or dangerous conditions in new and existing buildings, structures and premises.
In accordance with Section 608 of the Optional Third Class City Charter Law, Act of July 15, 1957, P.L. 901, 53 P.S § 41608, and Section 4130 of the Third Class City Code, Act of June 28, 1951, P.L. 662 as amended, 53 P.S. § 39130, there is hereby adopted by the City for the purpose of prescribing specifications and regulations to ensure the structural safety and noncombustibility of housing constructed, reconstructed, altered, enlarged, repaired, or maintained within the City that certain Fire Code known as the International Fire Code, 2003 edition, and all appendices thereto, as supplemented and published by the International Code Council, including all appendices with the exception of Appendix A, except such provisions which are in conflict with regulations promulgated by the Pennsylvania Department of Labor and Industry interpreting the Uniform Construction Code pursuant to Section 301 of the Pennsylvania Construction Code Act, Act of November 10, 1999, P.L. 491, 35 P.S. § 7210.301, or any other state law on the subject or regulations issued by a state agency by virtue of a state law. Ten copies of the Fire Code are presently on file in the office of the City Clerk, and such code is hereby adopted and incorporated as if fully set forth at length herein. The provisions of the adopted Fire Code shall be controlling within the limits of the City except as amended by the provisions of this chapter.
The following sections of the International Fire Code, 2003 edition, as adopted herein, are hereby deleted in their entirety and replaced as indicated:
Whenever any provision or requirement of the Codified Ordinances of the City of Harrisburg or the Commonwealth of Pennsylvania Department of Labor and Industry is more stringent or stricter than a provision or requirement of the Fire Code adopted herein, the more stringent provision shall supersede any such provision or requirement of the Fire Code.
[Amended 11-12-2012 by Ord. No. 13-2012; 4-9-2013 by Ord. No. 3-2013; 10-22-2013 by Ord. No. 24-2013]
Any person who applies for an operation, installation or inspection permit or requires response of the Bureau of Fire pursuant to this Fire Code shall be subject to fee requirements. Nothing in this code, however, shall authorize any City bureau or department or City staff member or bureau or department personnel to refuse or delay any emergency rescue service to any person, firm, organization or corporation due to the lack of insurance coverage or ability to pay for said emergency rescue service. The fee requirement schedule is as follows:
Any person, firm, corporation, association or other entity who or which is aggrieved by a ruling, decision or action of any department, bureau or other division of the City in regard to the administration or enforcement of any of the provisions of this Fire Code may appeal the ruling, decision or action complained of in writing to the Building and Housing Code Board of Appeals of the City of Harrisburg in the manner and in accordance with the procedures set forth in Chapter 8-301, Emergency Orders and Appeals, of the Codified Ordinances.
[Added 11-12-2012 by Ord. No. 13-2012]
Fees of less than $500 per incident will be due to the City within 30 days. Fees of $500 per incident or greater will be due to the City within one year.
The City Bureau of Fire shall have the responsibility and authority to assess the fees as set forth herein. Fees for City Bureau of Fire services that have been rendered, as designated in the fee schedule, shall be billed by the City to the person or entity responsible for the need of such services. Should the individual or entity responsible for such services and the associated charges have insurance which covers the same, at the request of such individual or entity the City shall bill the insurance carrier directly. However, doing so will not relieve such individual or entity from liability should the insurance carrier fail to pay the same to the City. Any bill for such services provided for the benefit of non-City-owned property shall be paid by the property owner. The failure of the property owner to pay the amounts due within the designated time frame set forth herein shall entitle the City to collect all amounts and pursue any or all of the remedies identified in the Pennsylvania Municipal Claims Act (see 53 P.S. § 7101 et seq.) or any other available remedy under the law.
Any person, whether individually or as a member or employee of a partnership, or any officer, agent or employee of a corporation who directs or knowingly permits any violation of any of the provisions of the sections of this Fire Code, or who aids or assists therein, either on his/her own behalf or in the interests of his/her employer or principal, or who fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved in accordance with this code or any certificate of approval issued thereto and from which no appeal has been taken, or who fails to comply with such order as affirmed or modified by the City, shall, upon conviction thereof, severally and for each violation and noncompliance respectively, be fined not less than $50 nor more than $1,000, plus costs, or shall be imprisoned in the Dauphin County prison for not more than 90 days for each separate violation, or both. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons required to do so shall correct and remedy violations or defects within a reasonable time, and, when not otherwise specified, each five days that the prohibited conditions are maintained shall constitute a separate offense.
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
The application of the above penalty shall not prevent the enforced removal of the prohibited conditions or device, or any other remedy at law or equity available to the City for enforcement of this chapter.