This chapter shall be known as the "Unity Township Fire Prevention Code," and is enacted for the purpose of prescribing regulations designed to protect against conditions hazardous to life and property from fires and/or explosion, to the extent other portions of the Code of Unity Township, or the provisions of the Pennsylvania Uniform Construction Code in the form enforced in Unity Township, make provision for the storage or handling of combustible or flammable materials not otherwise regulated by this chapter, such provisions shall remain in full force and effect and may be enforced under and consistent with the terms of same.
A. 
Scope. The provisions of this code shall apply to the construction, alteration, relocation, enlargement, replacement, repair, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.
B. 
Existing structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code.
C. 
Buildings not previously occupied. A building or portion of a building that has not been previously occupied or used for its intended purpose in accordance with the laws in existence at the time of its completion shall comply with the applicable provisions of this code for new construction or with any current permit for such occupancy.
D. 
Buildings previously occupied. The legal occupancy of any building existing on the date of adoption of this code shall be permitted to continue without change, except as otherwise specifically provided in this code or as is deemed necessary by the Fire Code Official for the general safety and welfare of the occupants and the public.
E. 
General. Where there is a conflict in this code between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of this code authorize alternative methods of compliance, the most restrictive shall apply.
F. 
Other laws. The provisions of this code shall not be deemed to waive compliance with the provisions of any other state or federal law or local code section or ordinance.
G. 
Conflicts. Unless otherwise stated herein, where conflicts occur between provisions of this code and any other codes and standards, the provisions of this code shall apply.
H. 
Unlawful acts. It shall be unlawful for any person, entity, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code; or cause same to be done, in conflict with or in violation of any of the provisions of this code.
The Fire Prevention Code shall be enforced by the Township of Unity through its Code Enforcement Office and Officers. The Township shall designate a Code Enforcement Officer who has the requisite knowledge, education, background, experience and/or certifications in fire safety as "Fire Code Official" for purposes of this chapter.
A. 
General. The Fire Code Official appointed by the Township is authorized and directed to enforce the provisions of this code. The Fire Code Official shall have the authority to render interpretations of this code and adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.
B. 
Applications and permits. The Fire Code Official shall receive applications, review all documents, issue permits for the erection, perform inspections of the premises for which such permits have been issued and enforce compliance with the provisions of this code.
C. 
Validity of permit. The issuance or granting of a permit shall not be construed to be a waiver or approval of any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or waive the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in any documents and other data. The Fire Code Official is authorized to prevent occupancy or use of a structure where same would result in a violation of this code or of any other ordinances of this jurisdiction.
D. 
Expiration. Every permit issued shall be void and invalid unless any work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Fire Code Official is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested, in writing, and justifiable cause demonstrated.
E. 
Suspension or revocation. The Fire Code Official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or issued on the basis of incorrect, inaccurate or incomplete information, or issued in violation of any ordinance or regulation or any of the provisions of this code.
F. 
Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project.
G. 
Payment of fees. A permit shall not be valid until the fees prescribed by the Township of Unity have been paid, nor shall an amendment to a permit be released until any additional fee, if any, has been paid. Permit fees under this code shall be established, and may be modified, by resolution of the Board of Supervisors of Unity Township.
H. 
Work commencing before permit issuance. Any person who commences any work required under this code before obtaining the necessary permits shall be in violation of this code.
I. 
Notices and orders. The Fire Code Official shall issue necessary notices or orders to ensure compliance with this code.
J. 
Records. The Fire Code Official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.
K. 
Liability. The Fire Code Official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be civilly or criminally rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
L. 
Legal defense. Any suit or criminal complaint instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by legal representatives of the jurisdiction until the final termination of the proceedings. The Fire Code Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.
Any complaints concerning violations of this chapter shall be made to the Fire Code Official of Unity Township. Any violations of this chapter shall be enforced by the Township and/or the Fire Code Official consistent with the terms set forth hereafter.
A. 
Notice of violation. The Fire Code Official is authorized to serve a notice of violation or order on the person responsible any act, or failure to act, in violation this code, or in violation of a permit or certificate issued under the provisions of this code. Such order may direct the discontinuance of any violation of this code, or condition on the property deemed in violation of this code, and the abatement of the violation within a time period prescribed by the Fire Code Official and set forth in the notice of violation.
B. 
Stop-work order. Where the Fire Code Official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the Fire Code Official is also authorized to issue a stop-work order.
C. 
Unlawful continuance. 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 subject to penalties proscribed hereafter.
D. 
Prosecution of violation. If the notice of violation is not complied within the period of time for abatement, the Fire Code Official, in addition to the pursuit of any other penalty for violation set forth in this code hereafter, is authorized to request the Township Solicitor to institute an appropriate proceeding to restrain, correct or abate such violation, or to require the removal or termination of an unlawful occupancy of the building or structure in violation of the provisions of this code, to compel compliance with the order or direction of the Fire Code Official, or request such other relief as may be required to correct the circumstances giving rise to the notice of violation.
All buildings or portions thereof which are subject to compliance with any term or provision contained in this chapter shall be made available for inspection by a Fire Code Official during (a) a specific date and time scheduled for inspection with the owner or other person in charge of the building, or (b) the normal operating hours for such building. The failure to make any building or portion thereof available for inspection shall be a violation of this chapter.
A. 
General. Any work for which a permit is required shall be subject to inspection by the Fire Code Official and shall remain accessible and exposed for inspections until final approval is received. Approval as a result of an inspection shall not be construed to be an approval of any condition which may later be discovered to be a violation of this code or of any other federal or state law, Township ordinance or any other provision of the Code of Unity Township. Inspections presuming to give authority to the violation or waiver of the provisions of this code or of other law, ordinance or provision of the Code of Unity Township shall not be deemed or construed to be valid. It shall be the duty of the owner or the owner's authorized agent to cause the work to remain accessible and exposed for inspection purposes. Neither the Fire Code Official nor the Township of Unity shall be liable for any cost or expense incurred by a property owner for the removal or replacement of any material required to allow inspection.
B. 
Inspections. The Fire Code Official may either (1) make any required inspections, or, in the alternative, (2) agree to accept reports of inspections and certifications by approved agencies or individuals responsible for the installation and performance of any facility required under this code. Reports of such inspections and/or certifications shall be in writing and executed by a responsible officer of such approved agency or by the responsible individual. The Township may retain the services of a third party/independent expert to review, comment and/or report upon unusual technical issues that arise during the course of any inspection.
C. 
Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the Fire Code Official has reasonable cause to believe that a condition exists in a structure, or upon a premises, that is contrary to or in violation of this code, or that makes the structure or premises unsafe, dangerous or hazardous, the Fire Code Official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code. If such structure or premises is occupied the Fire Code Official's credentials shall be presented to the occupant and entry requested. If such structure or premises 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 structure or premises and request entry. If entry is refused, the Fire Code Official shall have recourse to the remedies provided by law to secure entry.
D. 
Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent an alternative method of compliance not specifically prescribed by this code, provided that any such alternative has been approved by the Fire Code Official. An alternative method of compliance may only be approved where the Fire Code Official determines that the proposed alternative method is satisfactory, complies with the intent of the provisions of this code, and the alternative method offered provides equivalent or better protection than the method prescribed in this code. Where the alternative method of compliance is not approved, the Fire Code Official shall notify the property owner, in writing, of the reasons why the alternative was not approved.
E. 
Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that an alternative method of compliance does not conform to the requirements of this code, or in order to substantiate claims for use of alternative methods, the Fire Code Official may require tests of the alternative method to be made as evidence of compliance.
Test methods shall be as specified by recognized test standards. In the absence of recognized and accepted test methods, the Fire Code Official shall approve the testing procedures. Tests shall be performed by an agency approved by the Fire Code Official. Reports of such tests shall be retained by the Fire Code Official for the period required for retention of public records. The costs of all testing shall be born by the property owner or person, entity, corporation or firm seeking to implement the alternative method of compliance.
F. 
Final inspection. The final inspection shall be made after all work required by the permit is completed.
G. 
Use and occupancy. A building or structure shall not be used or occupied, and no change in the existing use or occupancy classification of a building or structure, or portion thereof shall be made, until the Fire Code Official has issued a certificate of occupancy as provided herein. The issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.
H. 
Periodic inspections. The Fire Code Official may require, and conduct, inspections of all properties, occupancies and businesses required to install or maintain any fire suppression system, rapid entry key box, or other facility required to be constructed and/or maintained under this chapter to ensure that such fire suppression system, rapid entry key box, or other facility required to be constructed and/or maintained under this chapter is functioning properly. Such inspection may be scheduled at any time, at random and at the discretion of the Fire Code Official; provided, however, that the property owner or manager of such property is provided at least 24 hours advance notice of the inspection and the time and date scheduled for same does not unreasonably interfere with the operations of the owner of, or tenant on, the property. Inspections may also be required, without prior notice to the property owner or tenant where the Fire Code Official has received a complaint regarding the functionality of such system, a fire on the property has occurred, or a fire suppression system or other system regulated by this chapter has discharged without a fire occurring.
The Board of Supervisors may, at their sole discretion and with the approval of the Fire Code Official, grant modifications from strict compliance with the requirements of this chapter if (1) the affected property owner demonstrates that strict compliance with the terms of this chapter is unreasonable or can only be accomplished at prohibitive cost, or (2) the affected property owner demonstrates that compliance with the terms, spirit and/or intent of this chapter can be achieved through alternative means or methods acceptable to the Township.