[HISTORY: Adopted by the Borough Council of the Borough of
Wilmerding as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-10-2008 by Ord. No. 1003]
As used in this article, the following terms shall have the
meanings indicated:
That the Fire Marshal has received reliable information that
a condition exists in the Borough which is or may be in violation
of the code. It shall also include circumstances which would reasonably
lead one to believe that a fire has occurred or where there is a fire
in a structure.
A document to be issued by the Fire Marshal following a fire
inspection where he has found no deficiencies which may reasonably
endanger personal safety or property and where he has found no fire
hazards or violations of the code.
The 2006 International Fire Code.
Circumstances that exist which allow one to reasonably conclude
that there is an imminent threat to safety due to a fire hazard.
Any condition, whether in a structure or not, that presents
a danger of a fire or that is contrary to the code.
That person appointed from time to time by Borough Council
to enforce the terms of this article and others relating to fires
and fire prevention and to enforce the code.
To physically go upon the land and into any structure for
the purpose of determining whether or not there are violations of
the code.
Includes all structures of any nature which are not residential,
including commercial, multiunit apartments, condominiums and industrial
properties.
Includes single-family dwellings and apartment buildings
containing three or less residential units.
Any building, edifice, improvement or construction on land,
whether permanent or temporary, whether in use or not, whether occupied
or not
Borough Council shall from time to time appoint a person to
act as Fire Marshal to enforce the code and to carry out other duties
as set forth herein. Such Fire Marshal shall serve at the pleasure
of Council. In addition to the Fire Marshal, the Code Enforcement
Officer, Building Inspector or any authorized police officer is authorized
to enforce the terms of this article, related fire ordinances and
the code. Collectively, when the "Office of Fire Marshal" is used
herein, it shall include the other officers and persons identified
in this section.
The Fire Marshal shall have the authority to inspect any structure
or go upon any land in the Borough for the purpose of determining
whether such structure or land is in compliance with the code or if
there is "cause," as defined herein. Moreover, a fire inspection is
mandatory upon the transfer of ownership of nonresidential property
or land with a structure thereon by deed, will, intestate succession,
or entering into a lease for a term longer than five years.
No Building Inspector, Borough Secretary, Code Enforcement Officer
or other Borough official shall issue an occupancy permit to any owner,
prospective owner or occupant of land with a structure thereon which
must undergo a fire inspection as mandated herein and which has not
received a satisfactory certificate of inspection. Moreover, it shall
be unlawful for any owner, tenant or occupier of land to occupy or
permit the occupancy of a structure where such structure has not been
inspected when required to be inspected under the terms of this article
or, if it has been inspected, it has not received a satisfactory certificate
of inspection.
The Fire Marshal shall have the authority to enforce the terms
of this article and the code or any successor law or other ordinance
relative to fire or fire prevention. Such authority shall extend to
ordering the elimination of fire hazards or the abatement of practices
which he finds, in his discretion, to be fire hazards pursuant to
the code, whether such conditions are in a structure or not. The Fire
Marshal is authorized to make forms to carry out his duties and appeals
under this article. In the event of an emergency, the Fire Marshal
shall have the authority to go upon any land for the purpose of alleviating
or removing the cause of an emergency.
In the event the Fire Marshal determines, in his discretion,
that a structure or land should be inspected, he shall make a reasonable
effort to locate the owner or occupier of the land and make a demand
to inspect the land. If the owner or occupier cannot be located, refuses
or fails to accommodate the Fire Marshal, the latter shall have the
authority to apply for a search warrant from the Magisterial District
Judge or such other authority authorized to issue search warrants.
Authorized Borough police officers are authorized to assist and accompany
the Fire Marshal when he carries out his search with a warrant.
Fees levied by the Borough of Wilmerding for fire inspections
shall be paid to the Borough. A certificate of inspection shall not
be issued until the fee is first paid to the Borough Secretary. Fees
may be set from time to time by Borough Council by resolution and
are set so that they will cover the costs of conducting the inspection
and the administration of this article.
The following is the initial fee schedule:
|
Residential property
|
$50
|
|
Apartment buildings with more than 3 living units
|
$100
|
|
Commercial structures
|
$100
|
|
Industrial structures
|
$100
|
|
Appeals
|
$250
|
Any person or entity aggrieved by a decision of the Fire Marshal
may, within 30 days of the decision, file an appeal to the Hearing
Appeals Board of Wilmerding Borough in writing by delivering the same
to the Borough Secretary at the Borough Building and paying the applicable
appeals fee.
The Board shall be composed of three residents of the Borough
selected by Council at its sole discretion and who shall serve at
the pleasure of Council. They shall be selected in accordance with
the code. The Board shall sit as an adjudicatory body pursuant to
the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and
751 et seq.
Any person or entity found to be in violation of this article
shall be subject to a civil fine in the amount of $600 for each violation.
If a hazardous condition is not remedied after being ordered to be
so remedied by the Fire Marshal, each day shall be a separate violation.
[Adopted 11-10-2008 by Ord. No. 1004]
This article applies to all outdoor burning and open burning
within the Borough of Wilmerding, except for the following:
A.
It shall not apply to grilling or cooking food using charcoal, wood,
propane or natural gas in cooking or grilling appliances in an appropriate
container or fireplace.
B.
It shall not apply to burning for the purpose of generating heat
in a stove, furnace, fireplace or other heating device within a building
used for human or animal habitation.
C.
It shall not apply to the use of propane, acetylene, natural gas,
gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
Open burning of wood, trees, logs, brush and/or stumps shall
only be permitted in compliance with the following:
A.
Only clean, dry wood products may be burned.
B.
Burning shall only be permitted in an approved outdoor-rated fireplace,
fire pit, chimney or fifty-five-gallon drum.
C.
No burning shall be permitted between the hours of 11:00 p.m. and
7:00 a.m., prevailing time.
D.
All burning and fires must be no less than 15 feet distant from the
nearest structure.
E.
All outdoor burning shall be attended at all times by an individual
not younger than 18 years of age.
F.
Adequate means of fire extinguishment must be immediately available
at all times when outdoor burning is taking place.
G.
Burning at construction sites having a valid building permit for
the purpose of providing warmth shall only be permitted if the weather
is at or below 32° F., and said burning shall only take place
in a fifty-five-gallon drum suitable for containing such fire.
H.
Persons utilizing or maintaining an outdoor fire shall be responsible
for all fire-suppression costs and any other liability resulting from
damage caused by the fire.
I.
All allowed open burning shall be conducted in a safe, nuisance-free
manner, when wind and weather conditions minimize adverse effects
and do not create a health hazard or a visibility hazard on roadways,
railroads or airfields. Open burning shall be conducted in conformance
with all local and state fire protection regulations and the Borough
2006 International Fire Code.[1]
J.
No materials may be burned upon any street, curb, gutter, sidewalk
or on the ice of a lake, pond, stream or water body, or on any public
property.
K.
No person shall be permitted to create or permit on open fire on
property unless he/she has the legal right to possession of that property.
L.
The Fire Marshal or other authorized officer, agent, employee or
representative of the Borough of Wilmerding who presents credentials
may inspect any property for the purpose of ascertaining compliance
with the provisions of this article.
The open burning of refuse is prohibited. "Refuse" shall include
any waste material, including building supplies, garbage, grass and
leaves. It shall not include trees, logs, brush, stumps and other
vegetative matter.
The Fire Marshal shall have the power to prohibit open burning
if such burning is contrary to the provisions of this article or the
Borough 2006 International Fire Code.[1]
Any person or entity found to be in violation of this article
shall be subject to a civil fine in the amount of $600 for each violation.
