[Adopted 8-12-2019 by Ord. No. 3169]
This part may be cited and shall be known as the "Township of Whitehall Fire Prevention and Life Safety Program," hereinafter referred to as the "Fire Prevention Program."
The Fire Prevention Program is designed to reduce conditions which would pose a threat to life, property and the environment through a regular inspection and enforcement program.
A. 
The Township of Whitehall designates the Fire Inspector, or the Fire Inspector's designee ("designated official") as the official who shall inspect all commercial industrial, institutional and multifamily residential facilities/buildings according to an established schedule. The designated official may, upon reasonable belief or suspicion of hazard, inspect such facility as necessary to ensure compliance with applicable codes. The designated official shall be an employee under the supervision and control of the Township Mayor. The designated official will be the authority having jurisdiction (AHJ) pertaining to the violations and repairs of properties within the scope of the International Property Maintenance Code/2009, as amended, and all later versions adopted by the Township of Whitehall.
B. 
Educational uses, child day-cares, assembly uses with a fifty-person occupancy load or higher, institutional uses, factories, buildings over three stories in height above grade plane, buildings of greater than 20,000 square feet, and hight-hazard uses shall be inspected annually (the "annual inspection").
C. 
Other occupancies shall be inspected at two-year intervals (the "biannual inspection").
D. 
In buildings or structures containing more than one business, a separate inspection shall be required for each business or commercial area. Any areas under the control of the owner shall also require an inspection.
E. 
Inspections shall be based on the fire, safety and health code requirements within the current International Property Maintenance Code/2009, as amended, and all later versions adopted by the Township of Whitehall. The person(s) designated under this part, may, during hours of operation or by agreement of the building owner/agent, enter any public or private building for the purpose of inspection under the fire prevention program.
F. 
Initial fire inspections shall be based on the same requirements as the periodic inspections required to obtain a certificate of occupancy as defined in the International Property Maintenance Code/2009, as amended, and all later versions adopted by the Township of Whitehall. Initial fire inspections will be conducted when a change in the business owner or the occupancy within a commercial, industrial or multifamily dwelling or building occurs. A business owner or property owner must contact the Township of Whitehall designated official for notification and scheduling of an initial inspection before an occupancy shall be allowed to open and operate.
G. 
During all inspections, the designated official shall provide the owner/agent with a written or electronically communicated list of code violations, if any, and a date by which all violations must be corrected. In cases where an owner/agent does not agree with a violation(s) or the required correct measures order by the designated official and believes he/she does meet the intent of the Code by other means, the owner/agent may file an appeal with Whitehall Township Building Code Board of Appeals as defined in the International Property Maintenance Code/2009, as amended, and all later versions adopted by the Township of Whitehall.
H. 
Failure to allow access for the designated official to perform the scheduled inspection(s) may result in violation of this part. The designated official may obtain an administrative search warrant to enter any property or structure when an owner/agent denies access.
The fees for the Fire Prevention Program shall be established by the Board of Commissioners of the Township of Whitehall and shall be set forth in the Township of Whitehall Schedule of Fees. Fees shall be amended by ordinance.
A. 
The inspection fee shall cover the initial inspections, and any second or subsequent inspection shall be billed to the property owner at an hourly rate as set forth in the Township of Whitehall Schedule of Fees.[1] Such billing shall be for a minimum of one hour, and shall continue after the first hour in thirty-minute increments thereafter.
[1]
Editor's Note: See Ch. A29, Fees.
B. 
Any additional reinspections shall be subject to an additional fee, as contained in the fee schedule, until code compliance is achieved.
C. 
Permit fees shall be assessed and collected along with the inspection fee.
D. 
All inspection fees shall be collected prior to the completion of any Fire Prevention Program initial inspection. Failure to submit payment by the specified date will prevent the inspection and shall constitute a violation of this part, excepting that the property owner will be billed for reinspections.
Upon approval by the designated official, the business or property owner will be issued a certificate of compliance.
A. 
The certificate of compliance shall indicate the following:
(1) 
Owner/occupant name and address.
(2) 
Applicable codes of compliance.
(3) 
Date of inspection.
(4) 
Time for which the certificate is valid.
(5) 
Any other information as the designated official deems necessary.
B. 
The certificate shall be posted in a conspicuous place, as to be visible to any employee, customer or Township official entering the facility.
All official records of inspection and certificates of compliance shall be kept by the Township of Whitehall Fire Code Official in the offices of the Township of Whitehall for a period of five years.
[Amended 7-12-2021 by Ord. No. 3241]
A. 
If, upon inspection, it is the opinion of the designated official that an immediate fire hazard, or condition dangerous to human life or property exists, the designated official is hereby authorized to order an immediate evacuation of the premises, and to secure said premises, until such hazard or condition has been corrected. Additionally, the designated official shall serve notice thereof to the owner. Such notice shall indicate the manner in which, and the time by which, the designated official or the Township intends to demolish, repair, alter or improve the premises [the "corrective action(s)"]. Unless an emergency exists, the designated official, or the Township, shall not undertake corrective action for 30 days from the time such notice is served. A notice that the Township intends to undertake corrective action shall be served in the same manner as a notice of violation; provided, however, that such notice shall also be posted in a conspicuous place upon the premises. If at the expiration of the specified time period, the required corrective action has not been completed, the designated official of the Township may undertake such corrective action to abate the immediate fire hazard, or condition dangerous to human life or property, without further notice. Nothing contained herein shall be construed to limit the power of the designated official or the Township to take immediate corrective action to abate a hazardous condition without serving notice thereof, where there exists any violation of this Code which creates an emergency requiring an immediate corrective action to protect the health or safety of any occupant of a dwelling, building or structure, or of the public.
B. 
Where the designated official or the Township takes corrective action to abate an immediate fire or safety hazard, the cost thereof, including any labor or materials supplied by the Township, shall be charged to the owner and shall constitute a municipal lien against the real property upon which such cost was incurred. The Township Solicitor promptly shall file such lien and shall make every effort to collect it within six months of the recorded date. If the corrective action involves the removal or demolition of any structure, the designated official may sell the materials thereof by public sale and any amounts realized shall be credited against the cost of the corrective action, and any balance remaining shall be deposited with the Township Treasurer in the name of the owner of record. In the event of dispute regarding the proper distributes of such balance, such account shall be disbursed to the persons found to be entitled thereto by final order or decree of the Court of Common Pleas of Lehigh County, and any Township expenses incurred for legal fees or court costs may be charged against such balance. The Township will add an administrative fee of $500 or 15% of the cost of abatement, whichever is greater to each bill incurred, as a result of non-compliance with an immediate fire or safety hazard order.
C. 
Any party in interest affected by any notice or order issued pursuant to this section may within 30 days of the service thereof, appeal in accordance with the procedures outlined herein. Except in the case of emergency, corrective action shall be stayed during the time an appeal is pending before the Court of Common Pleas of Lehigh County.
Scheduling of the Fire Prevention Program inspections shall be made by the designated official. It is the responsibility of the owner/occupant to maintain all systems and premises in accordance with applicable codes. If violations occur, then the owner, agent or occupant is responsible to correct such violation as to be in compliance with said codes. This will include vacant/not in use commercial, industrial, institutional and multiresidential properties, in which case the property manager or building owner will be responsible for all repairs and fees.
The failure or neglect of any person designated by this part to comply with any order or directive issued by the designated official under this part, within the specified period of time and pursuant to the provisions of this part or applicable codes, shall be deemed to be in violation of this part.
A. 
Any person, partnership, corporation, trust or other entity, who or which, in any way violates any of the provision of this part of the Code or who or which refuses to obey any lawful order issued thereunder shall be liable, upon conviction in a summary jurisdiction, to pay a fine or penalty to the Township of Whitehall in an amount not less than $100 nor more than $1,000 and/or be sentenced to imprisonment in the county prison for a period not exceeding 30 days, as provided by the law.
B. 
Prosecution of violations. If the notice of violation is not complied with promptly, the designated official is authorized to institute the appropriate legal proceedings at law or in equity to restrain, correct or abate such violation of the provisions of this code or of the order or direction made pursuant thereto.
C. 
Each day of violations of this part or applicable code shall be considered separate offense, for which the fines and penalties stated herein may be imposed on a daily basis.
Any person, partnership, corporation, trust or other entity aggrieved by any provision of this part or any code issued thereunder may appeal the same to the Township of Whitehall Building Code Board of Appeals.