| File of Council No 2 of 2007 |
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FILE OF COUNCIL
No. 2 (2007) Second and Final Reading
"AN ORDINANCE IMPLEMENTING AN ANNUAL FIRE AND SAFETY INSPECTION PROGRAM OF ALL COMMERCIAL, EDUCATIONAL AND INSTITUTIONAL PROPERTIES OPERATING WITHIN THE CITY OF PITTSTON."
NOW, THEREFORE, be it ORDAINED and ENACTED, by the City Council of the City of Pittston and it is hereby ORDAINED by the authority of the same:
SECTION 1: Short Title
This Ordinance shall be known as the City of Pittston’s Fire and Safety Inspection Ordinance
SECTION 2. Purpose
The purpose of this Ordinance is to establish a Fire and Safety Inspection Program to protect the health, safety and welfare of the citizens of the City of Pittston and to maintain and improve the quality of the neighborhoods and properties, to avoid dilapidation and neglect of properties that result in unsafe properties and conditions.
SECTION 3. Requirements and Duties
Any parcel of Real Estate, with or without improvements located thereon utilized by any person or persons, partnership or corporation for any business, commercial or industrial activity or purpose shall be included in this program. Also, included is any building containing one (1) or more residential occupancy or sleeping units, offered for rent or lease. The owner of said properties shall be required to obtain an annual Certificate of Occupancy. Certificates of Occupancy shall be issued by the Zoning and Code Enforcement Officer and/or Fire Code Official or designee.
SECTION 4. Inspection and Access
Pursuant to the Fire and Safety Inspection Program, each commercial, educational and institutional property, and each rental unit stated above shall be subject to inspection of the following:
1. Proper use in accordance with occupancy use classification;
2. Cooking hood fire protection system;
3. Portable extinguishers;
4. Fire protection systems, including stand pipes and sprinkler systems;
5. Fire, Smoke and Safety alarms;
6. Emergency power systems;
7. Exit and emergency area lighting;
8. Storage of hazardous and non-hazardous materials;
9. Stacking and storage of combustible materials;
10. Exit/emergency egress doors;
11. Records of evacuation plans, fire drills;
12. Records of Fire Protection and Alarm system tests;
13. Anti-backflow device test records.
That, other items required by the PA Uniform Construction Code or NFPA to be periodically tested and/or inspected shall be included. Items added by subsequent revisions to the codes are hereby automatically incorporated into this program without amendment to this Ordinance. Owners of said properties shall make arrangements with the City of Pittston to obtain inspections and Certificates of Occupancy beginning ________________. Certificates of Occupancy must be obtained by ________________. Certificate of Occupancy must be obtained by ______________________of each subsequent year.
SECTION 5. Violations& Penalties
Any violation discovered during inspection shall require the Inspecting Official to give written notice to the property owner, or designated responsible party, stating all violations, and to give the property owner thirty (30) days notice to correct, abate, repair, or otherwise remove the violations. If the violations are not corrected, abated, repaired or removed within the thirty (30) day period, the property owner shall be subject to fine, penalty, ceasing operations within and closing of the property, or other enforcement action. If violations are not corrected, abated, repaired or removed within the thirty (30) days and a citation is issued by the City, the property, owner shall be considered guilty of a summary offense and shall be subject to a fine of not less than $300.00 or more than $1,000.00 for each and every day the violation continues in existence, in addition to other remedies or courses of action taken by the City of Pittston. The dollar amount of the fine can be changed by Resolution of Pittston City’s Council at any time.
SECTION 6. Fees
The annual fees for inspections and certificates of occupancy shall be as follows, but can be changed at any time by Resolution of Pittston City’s Council:
Buildings up to total 1000 square feet, total of all floors $50.00
Buildings 1001 to 12,000 square feet, total of all floors $100.00
Buildings 12,001 square feet and larger, total of all floors $200.00
SECTION 7.
This Ordinance shall become effective upon enactment and shall remain in force for the year 2007 and shall continue in force on a calendar year basis thereafter pursuant to law.
The provisions of this Ordinance shall be severable and if any provision shall be deemed to be invalid for any reason, the validity of any of the remaining provisions of this Ordinance shall not be effected. It is hereby declared as the intention of the City Council of the City of Pittston this Ordinance would have been adopted had such invalidity not been included therein.
SECTION 8. Repealer
All Ordinances or Resolutions or parts of Ordinances or Resolutions which are inconsistent herewith are hereby repealed.
ORDAINED AND ENACTED THIS 21st DAY OF March 2007.
PASSED FIRST READING: February 21, 2007
PASSED SECOND READING March 21, 2007
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City of Pittston