[HISTORY: Adopted by the Borough Council of the Borough of
East Pittsburgh as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-20-2009 by Ord. No. 891]
The purpose of this article is to implement and assure compliance
with the 2006 International Fire Code in Ordinance No.
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.
Is 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 or any updated and amended
versions.
Circumstances which exist which allow one to reasonably conclude
that there is an imminent threat to safety due to a fire hazard.
Shall be any condition whether in a structure or not which
presents a danger of a fire or which is contrary to the code.
Shall be that person appointed from time to time by the 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 two or fewer residential units.
Any building, edifice, improvement or construction on land,
whether permanent or temporary, whether in use or not, whether occupied
or not.
The 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 the Council. In addition to the Fire Marshal, the Code Enforcement
Officer, Building Inspector or any authorized police officer are 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.
The 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 East Pittsburgh 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 the Borough Council by resolution
and are set so that they will cover the cost of conducting the inspection
and the administration of this article.
The following is the initial fee schedule:
Any person or entity aggrieved by a decision of the Fire Marshal
may within 30 days of the decision file an appeal to the Zoning Hearing
Board of East Pittsburgh Borough, in writing, by delivering the same
to the Borough Secretary at the Borough building, and paying the applicable
appeal fee.
The Board shall be composed of three residents of the Borough
selected by the Council which comprise the Borough Zoning Hearing
Board. 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.
Any person or entity found to be in violation of this article
shall be subject to a civil fine in the amount of $1,000 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.
If any portion of this article is illegal or unconstitutional,
then it is deemed to be the intent of the East Pittsburgh Borough
Council that the balance of this article would have been enacted irrespective
of said invalid portion.
This article shall take effect immediately.
[Adopted 5-17-2017 by Ord. No. 917]
All commercial buildings and all residential buildings that
contain three or more units shall be equipped with a key lock box.
This shall not apply to one- and two-family dwellings.
The key lock box shall be a certified security and safety style
box and approved by the Police Chief or Fire Marshal or other designee
approved by the Borough Council, and the key lock box shall be located
at or near the main entrance to the building or property. It shall
be mounted at a height of six feet above final grade, or as otherwise
designated, in writing, by the Fire Marshal or other designee approved
by the Borough Council.
The key lock boxes shall contain the following labeled keys:
A.
Keys to locked points of ingress and egress, whether on the interior
or exterior of each building;
B.
Keys to locked mechanical or elevator rooms and elevator controls;
C.
Keys to any fence or secured areas;
D.
Keys to any other areas as directed by the Fire Marshal or other
designee approved by the Borough Council.
All existing buildings which are subject to this article shall
comply with this article within 12 months of its effective date. All
newly constructed buildings not yet occupied or buildings currently
under construction which are subject to this article shall comply
as of the effective date of this article.
Any building owner who shall violate any provision of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $100. Each day on which any building owner violates any
provision of this article shall constitute a separate violation of
this article.
The Fire Marshal, Ordinance Officer, member of the East Pittsburgh
Police Department or other designee approved by the Borough Council
shall administer and enforce this article.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
If any sentence, clause, section, or part of this article is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or part of this article. It is hereby declared as the intent of the
Borough Council that this article would have been adopted had such
unconstitutional, illegal or invalid sentence, clause, section or
part thereof not been included herein.
This article shall become effective immediately.
