[Ord. 2013-06, 8/15/2013, § 1]
1.
Title. These regulations shall be known as the "Lower Macungie Fire
Inspection Ordinance," hereinafter referred to as this "Part."
2.
Scope. This Part establishes regulations affecting or relating to
nonresidential and commercial structures, processes, premises and
safeguards regarding:
A.
The hazard of fire and explosion arising from the storage, handling
or use of structures, materials or devices.
B.
Conditions hazardous to life, property or public welfare in the occupancy
of structures or premises.
C.
Fire hazards in the structure or on the premises from occupancy or
operation.
D.
Matters related to the construction, extension, repair, alteration
or removal of fire suppression or alarm systems.
3.
Intent. The purpose of this Part is to establish the minimum requirements
consistent with nationally recognized good practice for providing
a reasonable level of life safety and property protection from the
hazards of fire, explosion or dangerous conditions in new and existing
commercial buildings, structures and premises and to provide safety
to firefighters and emergency responders during emergency operations.
[Ord. 2013-06, 8/15/2013, § 2]
1.
Scope. Unless otherwise expressly stated, the following words and
terms shall, for the purposes of this Part, have the meanings shown
in this Part.
2.
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.
3.
Terms Defined in Other Codes. Where terms are not defined in this
Part and are defined in the Pennsylvania Uniform Construction Code,
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.
4.
Terms Not Defined. Where terms are not defined through the methods
authorized by this section, such tennis shall have ordinarily accepted
meanings such as the context implies. Webster's Third New International
Dictionary of the English Language, Unabridged, shall be considered
as providing ordinarily accepted meanings.
5.
COMMERCIAL STRUCTURE
FIRE CODE OFFICIAL
PERSON
General Definitions.
Any building or facility, either open or enclosed, used and
maintained for commercial purposes. Commercial structures include,
but are not limited to, office buildings, community centers, personal
service businesses, industrial property, Residential Group R-1 and
R-2 occupancies as defined in the International Building Code, financial
institutions, schools and educational facilities, cultural facilities,
medical centers, hotels/motels, malls, retail stores, theaters, restaurants,
taverns, shopping centers, places of worship, farm land, utility buildings,
warehouses, and garages.
A duly authorized Township representative, code enforcement
officer, building code official, or other designated authority charged
with the administration and enforcement of the code.
[Amended Ord. 2019-08, 6/20/2019]
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.
[Ord. 2013-06, 8/15/2013, § 3]
1.
Applicability of Provisions. The provisions of this Part shall apply
to:
A.
Commercial structures and conditions arising after the adoption of
this Part.
B.
Existing commercial structures and conditions not legally in existence
at the time of adoption of this Part.
C.
Existing commercial structures and conditions when identified in
specific sections of this Part.
D.
Existing commercial structures and conditions which, in the opinion
of the Fire Code Official, constitute a distinct hazard to life or
property.
2.
Subjects Not Regulated by this Part. Where no applicable standards
or requirements are set forth in this Part, or are contained within
other laws, codes, regulations, ordinances or bylaws adopted by the
Township, compliance with applicable standards of the National Fire
Protection Association or other nationally recognized fire safety
standards, as approved, shall be deemed as prima facie evidence of
compliance with the intent of this Part. 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.
3.
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 specifically
provided for by this Part shall be determined the Fire Code Official.
4.
Conflicting Provisions. Where there is a conflict between a general
requirement and a specific requirement, the specific requirement shall
be applicable.
[Ord. 2013-06, 8/15/2013, § 4]
1.
Authority. Pursuant to Chapter 5, Part 3 of this Code, the Township has adopted the Life Safety Code for the purpose of regulating and governing 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 buildings and premises as provided in Chapter 5, Part 3. The Fire Code Official shall implement, administer and enforce of the provisions of this Part in accordance with the Life Safety Code.
[Amended Ord. 2019-08, 6/20/2019]
2.
Duties. The Fire Code Official's duties shall include, but are not
limited to, the following:
A.
Reviewing construction plans upon receipt of permit application for,
new and existing structures and issuing recommendations for improvement
of fire prevention and protection on the basis thereof.
B.
Conducting all inspections required pursuant to this Part.
C.
Completing the Lower Macungie Township Fire Inspection Report Form
in accordance with his/her findings upon inspection.
D.
Explaining the results of all inspections with the property owners.
E.
Assisting the property owner in correcting all dangerous and unsafe
conditions which are in violation of this Part and may contribute
to a fire.
F.
Ensuring compliance with all recommendations made as a result of
any inspections conducted pursuant to this Part.
3.
Right of Entry. Whenever it is necessary to make an inspection to
enforce the provisions of this Part, or whenever the Fire Code Official
has reasonable cause to believe that there exists in a commercial
structure any conditions or violations of this Part 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 Part. If such 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 provided by law to secure entry.
4.
Warrant. When the Fire Code Official has first obtained a proper
inspection warrant or other remedy provided by law to secure entry,
an owner or occupant or person having charge, care or control of the
commercial structure shall not fail or neglect, after proper request
is made as herein provided, to permit entry therein by the Fire Code
Official for the purpose of inspection and examination pursuant to
this Part.
5.
Identification. The Fire Code Official shall carry proper identification
when inspecting commercial structures or premises in the performance
of duties under this Part.
6.
Notices and Orders. The Fire Code Official is authorized to issue
such notices or orders as are required to affect compliance with this
Part in accordance with the provisions contained herein.
7.
Official Records. The Fire Code Official shall keep an official record
of each inspection made, including notices and orders issued, showing
the findings and disposition of each. Additionally, the Fire Code
Official shall keep a record of all building preplans conducted within
the Township. Such official records shall be retained for not less
than five years or for as long as the commercial structure or activity
to which such records relate remains in existence, unless otherwise
provided by other regulations. When requested, the aforementioned
records, including statistical information, shall be made available
to the Fire Department Chief Officer.
8.
Approvals. A record of approvals shall be maintained by the Fire
Code Official and shall be available for public inspection during
business hours in accordance with applicable laws.
9.
Fire Records. The fire department shall keep a record of fires occurring
within its jurisdiction and of facts concerning the same, including
statistics as to the extent of such fires and the damage caused thereby,
together with other information as required by the Fire Code Official.
10.
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.
11.
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 Township, 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 and shall analyze the fire safety properties of the design,
operation or use of the commercial structure or premises and the facilities
and appurtenances situated thereon, 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.
12.
Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this Part, the Fire Code Official
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 Part impractical and the modification
is in compliance with the intent and purpose of this Part and that
such modification does not lessen health, life and fire safety requirements.
The details of action granting modifications shall be recorded and
entered in the files of the Fire Code Official.
13.
Alternative Materials and Methods. The provisions of this Part are
not intended to prevent the installation of any material or to prohibit
any method of construction not specifically prescribed by this Part,
provided that any such alternative has been approved. The Fire Code
Official is authorized to approve an alternative material where the
Fire Code Official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this Part, and that
the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this Part in quality,
strength, effectiveness, fire resistance, durability and safety.
14.
Fire Investigations. The Fire Marshal, Fire Code Official or other
responsible authority shall have the authority to investigate the
cause, origin and circumstances of any fire, explosion or other hazardous
condition. Information that could be related to trade secrets or processes
shall not be made part of the public record except as directed by
a court of law.
15.
Assistance from Other Agencies. Police and other enforcement agencies
shall have authority to render necessary assistance in the investigation
of fires when requested to do so.
16.
Authority at Fires and Other Emergencies. The Officer of the Fire
Department in charge at the scene of a fire or other emergency 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. The Fire Marshal
or Fire Code Official shall have the authority to investigate the
existence of suspected or reported fires, gas leaks or other hazardous
conditions or situations, or take any other action necessary in the
reasonable performance of duty. In the exercise of such power, the
Fire Code Official, Fire Marshal or officer of the Fire Department
in charge at the scene is authorized to prohibit any person, vehicle,
vessel or thing from approaching the scene and is authorized to remove,
or cause to be removed or kept away from the scene, any vehicle, vessel
or thing which could impede or interfere with the operations of the
Fire Department and, in the judgment of the Fire Code Official or
officer of the Fire Department in charge at the scene, any person
not actually and usefully employed in the extinguishing of such fire
or in the preservation of property in the vicinity thereof.
17.
Barricades. The Fire Code Official or officer of the Fire Department
in charge at the scene of a fire or other incident is authorized to
place ropes, guards, barricades or other obstructions across any street,
alley, place or private property in the vicinity of such operation
so as to prevent accidents or interference with the lawful efforts
of the Fire Department to manage and control the situation and to
handle fire apparatus.
18.
Obstructing Operations. No person shall obstruct the operations of
the Fire Department in connection with extinguishment or control of
any fire, or actions relative to other emergencies, or disobey any
lawful command of the Fire Code Official or officer of the Fire Department
in charge at the scene of a fire or other emergency, or any part thereof;
or any lawful order of a police officer assisting the Fire Department.
19.
Systems and Devices. No person shall render a system or device inoperative
or cause a system or device to become inoperative during an emergency
unless by direction of the Fire Chief or Fire Department official
in charge of the incident.
20.
Liability. The Township and its agents, officials, representatives
and/or employees charged with the enforcement of this Part, while
acting for the Township, 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.
[Ord. 2013-06, 8/15/2013, § 5]
1.
Inspection Authority and Qualifications. The Fire Code Official and
any individual or outside agency appointed by the Township shall be
authorized to enter and examine any commercial structure or vehicle
or premises for the purpose of enforcing this Part. Any individual
performing inspections pursuant to this Part shall have, at minimum,
the qualifications set forth in and required by the Township's position
description.
2.
Permits shall be required, prior to the installation of fixed fire
suppression equipment, sprinkler systems, fire alarm systems, fire
hydrants, activities involving blasting and/or fireworks displays,
and otherwise as required and provided in the Pennsylvania Uniform
Construction Code, International Fire Code, International Building
Code, International Fuel Gas Code, International Mechanical Code,
International Residential Code, International Plumbing Code and the
National Electrical Code. Permits shall be applied for through the
Lower Macungie Township Department of Planning and Community Development.
[Amended Ord. 2019-08, 6/20/2019]
3.
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 Part or any other applicable laws or
regulations.
4.
The Fire Code Official is authorized to conduct such inspections
at least once every two years, or as are deemed necessary to determine
the extent of compliance with the provisions of this Part. All reports
of such inspections shall be prepared and submitted in writing for
review and approval by the Township Department of Planning and Community
Development prior to release to the property owner, occupant and/or
custodian. Inspections and reports shall be managed under the direction
of the Township Department of Planning and Community Development or
other designated responsible officer of the Township. 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 Township.
[Amended Ord. 2019-08, 6/20/2019]
5.
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 is made to comply with the requirements of this Part, the
Township Code of Ordinances, and the International Building Code.
Subject to the approval of the Fire Code Official, the use or occupancy
of an existing commercial structure may be allowed to be changed.
6.
Inspection Requests. It shall be the duty of the holder of the permit
or his/her/its 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 Part.
7.
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 shall either indicate the
portion of the construction that is satisfactory as completed, or
notify the permit holder or his/her/its agent wherein the same fails
to comply with this Part. Any portions that do not comply shall be
corrected and such portion shall not be covered or concealed until
authorized by the Fire Code Official.
8.
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 prior to use is covered
or concealed without having first been inspected, the Fire Code Official
shall have the authority to require that such work be exposed for
inspection. Neither the Fire Code Official nor the Township shall
be liable for expense entailed in the removal or replacement of any
material required to allow inspection.
9.
Approvals. Approval as the result of an inspection shall not be construed
to be an approval of a violation of the provisions of this Part or
of other Township ordinances. Inspections presuming to give authority
to violate or cancel provisions of this Part or of other ordinances
of the Township shall not be valid.
[Ord. 2013-06, 8/15/2013, § 6]
1.
Fees. A permit shall not be issued until the fees have been paid,
nor shall an amendment to a permit be released until the additional
fee, if any, has been paid.
2.
Fire Safety Inspections Fees.
A.
The owner or operator of commercial structures in the Township shall
pay a commercial fire safety inspection fee for inspections performed
pursuant to and under this Part, with such fees being due within 30
days of billing.
B.
Fire safety inspection fees shall be established and may be amended
from time to time by resolution of the Lower Macungie Township Board
of Commissioners.
3.
Work Commencing Before Permit Issuance. Any person who commences
any work, activity or operation regulated by this Part before obtaining
the necessary permits may be subject to an additional fee established
by the applicable governing authority for violating this Part, which
shall be in addition to the required permit fees.
[Ord. 2013-06, 8/15/2013, § 7]
1.
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 Part,
or otherwise installed, such device, equipment, system, condition,
arrangement, level of protection, or other feature shall thereafter
be continuously maintained in accordance with this Part and applicable
referenced standards.
2.
Testing and Operation. Equipment requiring periodic testing or operation
to ensure maintenance shall be tested or operated as specified in
this Part.
A.
Test and Inspection Records. Required test and inspection records
shall be available to the Fire Code Official at all times or such
records as the Fire Code Official designates shall be filed with the
Fire Code Official.
B.
Reinspection and Testing. Where any work or installation does not
pass an initial test or inspection, the necessary corrections shall
be made so as to achieve compliance with this Part. The work or installation
shall then be resubmitted to the Fire Code Official for inspection
and testing.
3.
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
Part.
4.
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.
5.
Owner/Occupant Responsibility. Correction and abatement of violations
of this Part shall be the responsibility of the owner. If an occupant
creates, or allows to be created, hazardous conditions in violation
of this Part, the occupant shall be held responsible for the abatement
of such hazardous conditions.
6.
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 be authorized to cause the event to be stopped until such condition
or obstruction is corrected.
[Ord. 2013-06, 8/15/2013, § 8]
1.
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 Part, or cause same to be done, in conflict
with or in violation of any of the provisions of this Part.
2.
Notice of Violation. When the Fire Code Official finds a commercial
structure, building, premises, vehicle, storage facility or outdoor
area that is in violation of this Part, 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.
3.
Service. A notice of violation issued pursuant to this Part 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 return receipt requested or
a certificate of mailing, to the last known address of the owner,
occupant or both.
4.
Compliance with Orders and Notices. A notice of violation issued
or served as provided by this Part 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.
5.
Unauthorized Tampering. Signs, tags or seals posted or affixed by
the Fire Code Official shall not be mutilated, destroyed or tampered
with or removed without authorization from the Fire Code Official
and shall constitute a violation of this Part if done without said
authorization.
6.
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 Township 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.
[Amended Ord. 2019-08, 6/20/2019]
7.
Prosecution of Violations. If the notice of violation is not complied
with within the time frame set forth in the notice of violation, the
Fire Code Official is authorized to request the Township Solicitor
to institute the appropriate legal proceedings at law or in equity
to restrain, correct or abate such violation or to require removal
or termination of the unlawful occupancy of the structure in violation
of the provisions of this Part or of the order or direction made pursuant
hereto.
8.
Abatement of Violation. In addition to the imposition of the penalties
herein described, the Fire Code Official 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 of violation authorized by the Fire
Code Official shall be chargeable to the property owner(s).
9.
Appeals. Any appeal from any decision of the Fire Code Official shall
be heard by the Lower Macungie Township Building Code Board of Appeals,
pursuant to and consistent with the adopted practices and procedures
established for or by such Board.
[Added by Ord. 2019-08, 6/20/2019]
10.
Court Review. Any person aggrieved by a Board decision may appeal
this decision to the Court of Common Pleas. Such an appeal shall be
filed within 30 days of the issuance of the decision. Within 30 days
of the filing of an appeal, the Township and the owner and/or tenant
of the premises directly involved in the appeal may intervene in the
appeal as of course by filing a notice of intervention, accompanied
by proof of service of the same upon each appellant or each appellant's
counsel of record. All other intervention shall be governed by the
Pennsylvania Rules of Civil Procedure.
[Added by Ord. 2019-08, 6/20/2019]
[Ord. 2013-06, 8/15/2013, § 9]
1.
Order. Whenever the Fire Code Official finds any work regulated by
this Part being performed in a manner contrary to the provisions of
this Part or in a dangerous or unsafe manner, the Fire Code Official
is authorized to issue a stop work order.
2.
Issuance. A stop work order shall be in writing and shall be given
to the owner of the property, or to the owner's agent, or to the person
doing the work. Upon issuance of a stop work order, the cited work
shall immediately cease. The stop work order shall state the reason
for the order, and the conditions under which the cited work is authorized
to resume.
3.
Emergencies. Where an emergency exists, the Fire Code Official shall
not be required to give a written notice prior to stopping the work.
4.
Failure to Comply. Any person who shall continue any work after having
been served with a stop work order, except 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 nor more than $500.
[Ord. 2013-06, 8/15/2013, § 10]
Authority to Disconnect Service Utilities. The Fire Code Official
shall have the authority to authorize disconnection of utility service
to the building, structure or system in order to safely execute emergency
operations or to eliminate an immediate hazard. The Fire Code Official
shall notify the serving utility and, whenever possible, 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 thereafter.
[Ord. 2013-06, 8/15/2013, § 11]
1.
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 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 Township Code Enforcement for any
repairs, alterations, remodeling, removing or demolition required.
2.
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 which is not secured
against unauthorized entry shall be deemed unsafe.
3.
Structural Hazards. When an apparent structural hazard is caused
by the faulty installation, operation or malfunction of any of the
items or devices governed by this Part, the Fire Code Official shall
immediately notify the Township Building Code Enforcement Officer.
4.
Evacuation. The Fire Code Official shall be authorized to order the
immediate evacuation of any occupied commercial structure deemed unsafe
when such building has hazardous conditions that present imminent
danger to building occupants. Persons so notified shall immediately
leave the commercial structure or premises and shall not enter or
re-enter until authorized to do so by the Fire Code Official.
5.
Abatement. The owner, operator, or occupant of a commercial structure
or premises deemed unsafe by the Fire Code Official shall immediately
abate or cause to be abated or corrected such unsafe conditions either
by repair, rehabilitation, demolition or other approved corrective
action.
