[HISTORY: Adopted by the Borough Council of the Borough of Hellertown as indicated in article histories. Amendments noted where applicable.]
Fire prevention — See Ch. 200.
[Adopted 7-7-2014 by Ord. No. 793]
A program of fire safety and emergency equipment inspection is authorized for the following facilities located in the Borough of Hellertown: industrial facilities, commercial facilities, retail businesses, banks and all other facilities used for retail, wholesale, educational and daycare purposes, and places of worship.
The program will be a cooperative endeavor between the Borough and the community under the jurisdiction of the Code Enforcement Officer and Fire Code Official of Hellertown Borough.
The Fire Safety and Emergency Equipment inspections shall be performed every five years, and more frequently, if at the discretion of the Fire Code Official, such more frequent inspection of a property or properties subject to this article is required. It shall be the responsibility of the property owner to have said inspection performed.
The Borough Council of Hellertown Borough 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 2009 Edition of the International Fire Code, as published by the International Code Council, Inc., and as amended from time to time. The facilities will be evaluated in accordance with the 2009 International Fire Code during the inspections.
The inspections shall include, but need not be limited to, the following matters:
Fire suppression and alarm systems.
Means of egress.
Fire Department access.
Electric service and panels.
Utility and storage areas.
Storage and handling of hazardous substances and materials.
Any other aspect of a building or operation regulated by the 2009 International Fire Code, as amended.
The fee for the fire safety and emergency equipment inspections shall be established as set forth in the Hellertown Borough Fee Schedule, as amended from time to time.
A Board of Appeals has been established in conformity with the requirement of the relevant provisions of the International Fire Code, and for the purposes set forth therein.
The provisions of this article shall be enforced by the Hellertown Borough Council or its designee. 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 Justice 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 Northampton County Correctional Facility.
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 within the required time frame.
The imposition of any one penalty for any violations 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 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 and detailed in § 202-4 above, whereupon it is claimed that an inspection was improperly performed or that a permit was improperly granted.