Article 1504
COMMERCIAL FIRE INSPECTION PROGRAM
Sections:
1504.04 Subsequent inspections.
1504.06 Dual residential/commercial use structures.
1504.07 Duties of code enforcement officer.
1504.09 Inspection items/criteria.
1504.10 Results of inspection.
1504.14 Nonexclusive remedies.
1504.15 Miscellaneous provisions.
1504.16 Rebuttable presumption.
1504.01 Purpose.
It is the purpose of this article and the policy of the City of Meadville, in order to protect and promote the public health, safety and welfare of the residents and citizens of the City of Meadville, as well as the work force, regardless of residency, to establish rights and obligations of commercial building owners and tenants relating to the maintenance and upkeep of the commercial buildings and structures throughout the City of Meadville. It is the purpose and intent of this article to enforce the applicable building and fire codes as well as any other applicable law of the city and of the commonwealth which may affect the health, safety and welfare of those who may occupy or traverse through the said building or structure. Given the age, condition and ever-changing standards of building, fire and construction codes, it is the responsibility of the City of Meadville to attempt to ensure that any potential violations of the said laws and ordinances of the City of Meadville and commonwealth of Pennsylvania are effectively eliminated through the biennial inspection of the commercial buildings and structures within the city limits.
The purpose of this article is also to establish fees for inspections which will be used to supplement the general fund resources used to provide the enhanced level of inspection service and to authorize the code enforcement officers, and fire and building code officials to implement a program of safety reviews in order to effect the intent and purpose of this article. (Ord. 3771 § 1, 2018)
1504.02 Definitions.
The following words shall have their corresponding meanings for the purpose of this article, in addition to those which have already been defined in the zoning and uniform construction codes of the City of Meadville and/or any other applicable ordinance governing building code or fire inspections. In the event that any definition is inconsistent with the definitions set forth herein, these definitions shall govern:
“City” means the City of Meadville, county of Crawford, commonwealth of Pennsylvania.
“Code” means any code or ordinance adopted, enacted, and/or in effect in and for the City of Meadville, concerning fitness for habitation, tenancy, fire protection, zoning, or any other law or ordinance adopted within the City of Meadville. For purposes of the ordinance codified in this article, “code” specifically includes, but is not limited to, the International Property Maintenance Code, 2009 Edition, as such code may be amended from time to time.
“Code enforcement officer” means the duly appointed building code official(s), code enforcement officer(s) and/or fire official(s) having charge of the Uniform Construction Code, the fire code, Property Maintenance Code or zoning code of the City of Meadville, and any assistants or deputies thereof.
“Commercial building” means (1) any structure, building or property that is not used or intended for use for residential occupancy; (2) any area in a residential building containing more than 10 dwelling units that is not integral to, and/or a contiguous part of, a dwelling unit. Such areas include, but are not limited to, mechanical rooms, lobbies, hallways, community rooms, laundry rooms, and the exterior property. Building areas covered under tenant/owner common area maintenance (CAM) agreements shall not be considered part of a dwelling unit; and/or (3) day care services as defined within this code.
“Day care services” means out-of-home child/adult care services provided for part of a 24-hour day to persons, excluding care provided by relatives and excluding day care furnished in places of worship during religious services. The two levels of day care services are:
(1) “Family day care homes” means facilities in which day care is provided at any one time to four, five, or six persons who are not relatives of the caregiver, and where the care areas are used as a family residence.
(2) “Group day care homes” means facilities in which care is provided for more than six but less than 12 persons at any one time, where the care areas are being used as a family residence.
Care for less than four persons will not be considered as day care services.
“Fire regulations/fire code” means the statutes and administrative rules adopted by the commonwealth of Pennsylvania and the City of Meadville and/or which may be adopted by the city council of the City of Meadville which are for the purpose of safeguarding life and property from the hazards of fire and explosion arising from the storage, handling, and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the use or occupancy of commercial buildings.
“IFC” means the International Fire Code, 2009 Edition, as such code may be amended from time to time.
“IFGC” means the International Fuel Gas Code, 2009 Edition, as such code may be amended from time to time.
“IPC” means the International Plumbing Code, 2009 Edition, as such code may be amended from time to time.
“IPMC” the International Property Maintenance Code, 2009 Edition, as such code may be amended from time to time.
“NFPA” means the National Fire Protection Association.
“Owner” means one or more persons, jointly or severally, in whom is vested all or part of the legal title to the premises, or commercial building, or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises.
“Person” means a natural person, partnership, corporation, unincorporated association, limited partnership, trust or any other entity.
“Police” means the police department of the City of Meadville, or any properly authorized member or officer thereof, or any other law enforcement agency having jurisdiction within the City of Meadville.
“Tenant” means an individual or entity which occupies all or a portion of a commercial building, whether or not he or she is the owner thereof, with whom a legal interest and legal relationship with the landlord is established by a lease agreement of some nature or by the laws of the City of Meadville and/or the commonwealth of Pennsylvania. (Ord. 3780 § 1, 2019; Ord. 3771 § 1, 2018)
1504.03 Periodic inspection.
All commercial buildings located within the city limits of the City of Meadville, shall be subject to an inspection every two years by the code enforcement officers of the City of Meadville for the purpose of ensuring that no violations exist of the applicable codes of the City of Meadville. Code enforcement officers shall give notice to the property owner in advance of the scheduled inspection date. This commercial fire inspection program shall be preempted by state law and regulations which require that certain organizations be inspected on an annual basis. Nothing herein is intended to prevent an inspection, at any time, based on information or documentation received by the city alleging a code violation.
(1) Annual Inspections for Day Care Services. Buildings being used for the operation of day care services shall be subject to an annual inspection to ensure compliance with the applicable codes of the City of Meadville, specifically including the code requirements of the IPMC and the latest edition of the International Residential Code (IRC), as referenced by the IPMC, as such codes have been adopted by the City of Meadville. (Ord. 3780 § 2, 2019; Ord. 3771 § 1, 2018)
1504.04 Subsequent inspections.
The code enforcement officers of the City of Meadville shall have the power and authorization to conduct subsequent inspections during the term of the same, in the event of any complaint or concern as registered by any tenant, patron, business invitee, or at the code enforcement officer’s own discretion, based upon reasonable concern for violations, public safety, public health and/or other valid reasons. (Ord. 3771 § 1, 2018)
1504.05 Powers of inspection.
All inspections by the code enforcement officers of the City of Meadville shall be conducted during normal business hours of the commercial building and/or at the time when the businesses and/or commercial tenants have their hours of operation. Where there is an emergency, the code enforcement officers shall be permitted to inspect the commercial building during the time of the said emergency for any violations which may be present.
The code enforcement officers shall identify themselves to the owner or manager, or duly authorized agent of the commercial building, if available; and to the owner or manager, or duly authorized agent, of the specific business which is or may be a tenant on the property. The code enforcement officers of the City of Meadville shall give reasonable notice of the date and time of the inspection. (Ord. 3771 § 1, 2018)
1504.06 Dual residential/commercial use structures.
For commercial buildings which also have residential units attached or contained within the said commercial building, only the commercial portions of the structure shall be subject to the inspection and certification requirements of this article. (Ord. 3771 § 1, 2018)
1504.07 Duties of code enforcement officer.
The code enforcement officers of the City of Meadville conducting the inspections of the commercial buildings shall be required to keep a list and detailed outline of the code violations which may be present during the said inspection. In the event that any violations exist, the code enforcement officers are granted the approval and the right to take whatever action is necessary under the applicable code in order to protect the health, safety and welfare of the citizens of the City of Meadville and the owners, managers, tenants and patrons of the said commercial building. Such action(s) shall include, but not be limited to, temporary or permanent closure of the commercial building. In the event any party prohibits or prevents the code enforcement officer from performing his or her duty to inspect the commercial building, the entire structure, or a portion thereof, as deemed necessary by the code enforcement officer, shall be closed until the said inspection is permitted to occur and no violations that would warrant continued closure exist. (Ord. 3771 § 1, 2018)
1504.08 Search warrant.
Upon showing of probable cause that a violation of this article or any other ordinance or code of the City of Meadville has occurred, the code enforcement officers may apply to the magisterial district judge having jurisdiction in the City of Meadville for a search warrant to enter and inspect the commercial building. The costs of the same shall be borne by the individual or entity which prohibited the inspection. (Ord. 3771 § 1, 2018)
1504.09 Inspection items/criteria.
The code enforcement officers shall inspect the following items:
(1) Exterior Structure.
(a) General (IPMC 304.1). The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(b) Unsafe Conditions (IPMC 304.1.1). The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
(i) The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
(ii) The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects;
(iii) Structures or components thereof that have reached their limit state;
(iv) Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not maintained, weather resistant or water tight;
(v) Structural members that have evidence of deterioration or that are not capable of safely supporting all nominal loads and load effects;
(vi) Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
(vii) Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects;
(viii) Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects;
(ix) Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects;
(x) Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
(xi) Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
(xii) Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or
(xiii) Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound or not properly anchored, or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects.
Exceptions: (1) When substantiated otherwise by an approved method. (2) Demolition of unsafe conditions shall be permitted when approved by the code enforcement officer.
(c) Premises Identification (IPMC 304.3). Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
(d) Roofs and Drainage (IPMC 304.7). The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
(e) Window, Skylight and Door Frames (IPMC 304.13). Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight.
(2) Interior Structure.
(a) General (IPMC 305.1). The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
(b) Unsafe Conditions (IPMC 305.1.1). The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings:
(i) The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength;
(ii) The anchorage of the floor or roof to walls or columns, and of walls and columns to foundations, is not capable of resisting all nominal loads or load effects;
(iii) Structures or components thereof that have reached their limit state;
(iv) Structural members are incapable of supporting nominal loads and load effects;
(v) Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of supporting all nominal loads and resisting all load effects;
(vi) Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects.
Exceptions: (1) When substantiated otherwise by an approved method. (2) Demolition of unsafe conditions shall be permitted when approved by the code enforcement officer.
(c) Structural Members (IPMC 305.2). All structural members shall be maintained structurally sound and be capable of supporting the imposed loads.
(d) Interior Surfaces (IPMC 305.3). All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
(e) Stairs and Walking Surfaces (IPMC 305.4). Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
(f) Handrails and Guards (IPMC 305.5). Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
(g) Interior Doors (IPMC 305.6). Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
(3) Occupancy.
(a) Posting of Occupant Load (IFC 1004.3). Every room or space that is an assembly occupancy shall have the occupant load of the room or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible, permanent design and shall be maintained by the owner or authorized agent.
(4) Fire Extinguishers.
(a) Where Required (IFC 906.1). Portable fire extinguishers shall be installed in the following locations:
(i) In new and existing Group A, B, E, F, H, I, M, R-l, R-2, R-4 and S occupancies.
Exception: In new and existing Group A, B, and E occupancies equipped throughout with quickresponse sprinklers, portable fire extinguishers shall be required only in locations specified in subsections (4)(a)(ii) through (vi) of this section.
(ii) Within 30 feet (9,144 mm) of commercial cooking equipment.
(iii) In areas where flammable or combustible liquids are stored, used or dispensed.
(iv) On each floor of structures under construction, except Group R-3 occupancies, in accordance with Section 1415.1 of the IFC.
(v) Where required by the sections indicated in Table 906.1 of the IFC.
(vi) Special-hazard areas, including but not limited to laboratories, computer rooms and generator rooms, where required by the code enforcement officer.
(b) General Requirements (IFC 906.2). Portable fire extinguishers shall be selected, installed and maintained in accordance with this section and NFPA 10.
Exceptions: (1) The travel distance to reach an extinguisher shall not apply to the spectator seating portions of Group A-5 occupancies.
(c) Conspicuous Location (IFC 906.5). Portable fire extinguishers shall be located in conspicuous locations where they will be readily accessible and immediately available for use. These locations shall be along normal paths of travel, unless the fire code or code enforcement officer determines that the hazard posed indicates the need for placement away from normal paths of travel.
(d) Unobstructed and Unobscured (IFC 906.6). Portable fire extinguishers shall not be obstructed or obscured from view. In rooms or areas in which visual obstruction cannot be completely avoided, means shall be provided to indicate the locations of extinguishers.
(e) Hangers and Brackets (IFC 906.7). Handheld portable fire extinguishers, not housed in cabinets, shall be installed on the hangers or brackets supplied. Hangers or brackets shall be securely anchored to the mounting surface in accordance with the manufacturer’s installation instructions.
(f) Maintenance inspection frequency for fire extinguishers shall be as specified by Chapter 10 NFPA, as published by NFPA.
(5) Means of Egress.
(a) General (IPMC 702.1). A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code.
(b) Locked Doors (IPMC 702.3). All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code.
(c) Illumination Required (IFC 1006.1). The means of egress, including the exit discharge, shall be illuminated at all times the building space served by the means of egress is occupied.
Exceptions: (1) Occupancies in Group U. (2) Aisle accessways in Group A. (3) Dwelling units and sleeping units in Groups R-l, R-2 and R-3. (4) Sleeping units of Group I occupancies.
(6) Exits.
(a) Means of Egress (IFC 315.2.2). Combustible materials shall not be stored in exits or exit enclosures.
(7) Exit Signs.
(a) Where Required (IFC 1011.1). Exits and exit access doors shall be marked by an approved exit sign readily visible from any direction of egress travel. The path of egress travel to exits and within exits shall be marked by readily visible exit signs to clearly indicate the direction of egress travel in cases where the exit or the path of egress travel is not immediately visible to the occupants. Intervening means of egress doors within exits shall be marked by exit signs. Exit sign placement shall be such that no point in an exit access corridor or exit passageway is more than 100 feet, or the listed viewing distance for the sign, whichever is less, from the nearest visible exit sign.
Exceptions: (1) Exit signs are not required in rooms or areas that require only one exit or exit access. (2) Main exterior exit doors or gates that are obviously and clearly identifiable as exits need not have exit signs where approved by the building official. (3) Exit signs are not required in occupancies in Group U and individual sleeping units or dwelling units in Group R-1, R-2 or R-3. (4) Exit signs are not required in dayrooms, sleeping rooms or dormitories in occupancies in Group I-3. (5) In occupancies in Groups A-4 and A-5, exit signs are not required on the seating side of vomitories or openings into seating areas where exit signs are provided in the concourse that are readily apparent from the vomitories. Egress lighting is provided to identify each vomitory or opening within the seating area in an emergency.
(b) Illumination (IFC 1011.2). Exit signs shall be internally or externally illuminated.
(c) Power Source (IFC 101.5.3). Exit signs shall be illuminated at all times. To ensure continued illumination for a duration of not less than 90 minutes in case of primary power loss, the sign illumination means shall be connected to an emergency power system provided from storage batteries, unit equipment or an on-site generator. The installation of the emergency power system shall be in accordance with Chapter 27 of the International Building Code.
Exception: Approved exit sign illumination means that provide continuous illumination independent of external power sources for a duration of not less than 90 minutes, in case of primary power loss, are not required to be connected to an emergency electrical system.
(8) Electrical.
(a) Facilities Required (IPMC 604.1). Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605 of the International Property Maintenance Code.
(b) Luminaires (IPMC 605.3). Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and furnace room shall contain at least one electric luminaire.
(c) Abatement of Electrical Hazards (IFC 605.1). Identified electrical hazards shall be abated. Identified hazardous electrical conditions in permanent wiring shall be brought to the attention of the responsible code enforcement officer. Electrical wiring, devices, appliances and other equipment that is modified or damaged and constitutes an electrical shock or fire hazard shall not be used.
(d) Illumination (IFC 605.2). Illumination shall be provided for service equipment areas, motor control centers and electrical panelboards.
(e) Working Space and Clearance (IFC 605.3). A working space of not less than 30 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1,981 mm) in height shall be provided in front of electrical service equipment. Where the electrical service equipment is wider than 30 inches (762 mm), the working space shall not be less than the width of the equipment. No storage of any materials shall be located within the designated working space.
Exceptions: (1) Where other dimensions are required or allowed by Chapter 70 NFPA. (2) Access openings into attics or under-floor areas which provide a minimum clear opening of 22 inches (559 mm) by 30 inches (762 mm).
(f) Labeling (IFC 605.3.1). Doors into electrical control panel rooms shall be marked with a plainly visible and legible sign stating ELECTRICAL ROOM or similar approved wording. The disconnecting means for each service, feeder or branch circuit originating on a switchboard or panelboard shall be legibly and durably marked to indicate its purpose unless such purpose is clearly evident.
(g) Multiplug Adapters (IFC 605.4). Multiplug adapters, such as cube adapters, unfused plug strips or any other device not complying with Chapter 70 NFPA shall be prohibited.
(h) Extension Cords (IFC 605.5). Extension cords and flexible cords shall not be a substitute for permanent wiring. Extension cords and flexible cords shall not be affixed to structures, extended through walls, ceilings or floors, or under doors or floor coverings, nor shall such cords be subject to environmental damage or physical impact. Extension cords shall be used only with portable appliances.
(i) Unapproved Conditions (IFC 605.6). Open junction boxes and open-wiring splices shall be prohibited. Approved covers shall be provided for all switch and electrical outlet boxes.
(j) Power Supply (IFC 605.4.2). Relocatable power taps shall be directly connected to a permanently installed receptacle.
(k) Portable, Electric Space Heaters (IFC 605.10). Where not prohibited by other sections of this code, portable, electric space heaters shall be permitted to be used in all occupancies other than Group I-2 and in accordance with Sections 605.10.1 through 605.10.4.
(i) 605.10.1 Listed and labeled. Only listed and labeled portable, electric space heaters shall be used.
(ii) 605.10.2 Power supply. Portable, electric space heaters shall be plugged directly into an approved receptacle.
(iii) 605.10.3 Extension cords. Portable, electric space heaters shall not be plugged into extension cords.
(iv) 605.10.4 Prohibited areas. Portable, electric space heaters shall not be operated within three feet (914 mm) of any combustible materials. Portable, electric space heaters shall be operated only in locations for which they are listed.
(9) Emergency and Standby Power Systems.
(a) Where Required (IFC 604.2). Emergency and standby power systems shall be provided where required by Sections 604.2.1 through 604.2.18.4 of the International Fire Code.
(b) Maintenance (IFC 604.3). Emergency and standby power systems shall be maintained in accordance with Chapters 110 and 111 NFPA such that the system is capable of supplying service within the time specified for the type and duration required.
(c) Schedule (IFC 604.3.1). Inspection, testing and maintenance of emergency and standby power systems shall be in accordance with an approved schedule established upon completion and approval of the system installation.
(d) Written Record (IFC 604.3.2). Written records of the inspection, testing and maintenance of emergency and standby power systems shall include the date of service, name of the servicing technician, a summary of conditions noted and a detailed description of any conditions requiring correction and what corrective action was taken. Such records shall be kept on the premises served by the emergency or standby power system and be available for inspection by the code enforcement officer.
(10) Fire Protection System.
(a) General (IPMC 704.1). All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code.
(b) Inspection (IFC 901.6). Fire detection, alarm and extinguishing systems shall be maintained in an operative condition at all times and shall be replaced or repaired where defective. Nonrequired fire protection systems and equipment shall be inspected, tested and maintained or removed.
(c) Records (IFC 901.6.2). Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained on the premises for a minimum of three years and shall be copied to the code enforcement officer upon request.
(d) Equipment Access (IFC 509.2). Approved access shall be provided and maintained for all fire protection equipment to permit immediate safe operation and maintenance of such equipment. Storage, trash and other materials or objects shall not be placed or kept in such a manner that would prevent such equipment from being readily accessible.
(e) Removal of or Tampering with Equipment (IFC 901.8). It shall be unlawful for any person to remove, tamper with or otherwise disturb any fire hydrant, fire detection and alarm system, fire suppression system, or other fire appliance required by this code except for the purpose of extinguishing fire, training purposes, recharging or making necessary repairs, or when approved by the code enforcement officer
(f) Installation (IFC 901.4). Fire protection systems shall be maintained in accordance with the original installation standards for that system. Required systems shall be extended, altered or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Alterations to fire protection systems shall be done in accordance with applicable standards.
(11) Automatic Sprinkler Systems.
(a) Standards (IFC 901.6.1). Fire protection systems shall be inspected, tested and maintained in accordance with the referenced standards listed in Table 901.6.1 of the IFC.
TABLE 901.6.1
|
SYSTEM |
STANDARD |
|---|---|
|
Portable fire extinguishers |
Chapter 10 NFPA |
|
Carbon dioxide fire-extinguishing system |
Chapter 12 NFPA |
|
Halon 1301 fire-extinguishing systems |
Chapter 12A NFPA |
|
Dry-chemical extinguishing systems |
Chapter 17 NFPA |
|
Wet-chemical extinguishing systems |
Chapter 17A NFPA |
|
Water-based fire protection systems |
Chapter 25 NFPA |
|
Fire alarm systems |
Chapter 72 NFPA |
|
Water-mist systems |
Chapter 750 NFPA |
|
Clean-agent extinguishing systems |
Chapter 2001 NFPA |
(b) Spare Heads and Wrenches (NFPA 25 5.2.1.4). The number of spare heads and wrenches provided shall be in conformance with NFPA 25.
(c) Locking Fire Department Connection Caps (IFC 912.3.1). The fire chief is authorized to require locking caps on fire department connections for water-based fire protection systems where the responding fire department carries appropriate key wrenches for removal.
(d) Access (IFC 912.3). Immediate access to fire department connections shall be maintained at all times and without obstruction by fences, bushes, trees, walls or any other fixed or moveable object. Access to fire department connections shall be approved by the fire chief.
(e) Clear Space around Connections (IFC 912.3.2). A working space of not less than 36 inches (762 mm) in width, 36 inches (914 mm) in depth and 78 inches (1,981 mm) in height shall be provided and maintained in front of and to the sides of wall-mounted fire department connections and around the circumference of freestanding fire department connections, except as otherwise required or approved by the fire chief.
(f) Ceiling Clearance (IFC 315.2.1). Storage shall be maintained two feet (610 mm) or more below the ceiling in nonsprinklered areas of buildings or a minimum of 18 inches (457 mm) below sprinkler head deflectors in sprinklered areas of buildings.
(g) Fire Department Connection Identification (IFC 912.2.2). On existing buildings, wherever the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indicated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” at least six inches (152 mm) high and words in letters at least two inches (51 mm) high or an arrow to indicate the location. All such signs shall be subject to the approval of the fire chief.
(12) Hood Systems.
(a) Commercial Hood and Duct Systems (IFC 904.2.1). Each required commercial kitchen exhaust hood and duct system required by Section 609 of the IFC to have a Type I hood shall be protected with an approved automatic fire-extinguishing system installed in accordance with this code.
(b) Ventilation System (IFC 609.3.1). The ventilation system in connection with hoods shall be operated at the required rate of air movement, and classified grease filters shall be in place when equipment under a kitchen grease hood is used.
(c) Cleaning (IFC 609.3.3). Hoods, grease-removal devices, fans, ducts and other appurtenances shall be cleaned at intervals as required by Sections 609.3.3.1 through 609.3.3.3 of the IFC.
(d) Records (IFC 609.3.3.3). Records for inspections shall state the individual and company performing the inspection, a description of the inspection and when the inspection took place. Records for cleanings shall state the individual and company performing the cleaning and when the cleaning took place. Such records shall be completed after each inspection or cleaning, maintained on the premises until the next inspection and copied to the code enforcement officer upon request.
(e) Commercial Cooking Systems (IFC 904.11). The automatic fire-extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and exhaust systems of the type and arrangement protected. Preengineered automatic dry- and wet-chemical extinguishing systems shall be tested in accordance with UL 300 and listed and labeled for the intended application. Other types of automatic fire-extinguishing systems shall be listed and labeled for specific use as protection for commercial cooking operations. The system shall be installed in accordance with this code, its listing and the manufacturer’s installation instructions. Automatic fire-extinguishing systems of the following types shall be installed in accordance with the referenced standard indicated, as follows:
(i) Carbon dioxide extinguishing systems, NFPA 12.
(ii) Automatic sprinkler systems, NFPA 13.
(iii) Foam-water sprinkler system or foam-water spray systems, NFPA 16.
(iv) Dry-chemical extinguishing systems, NFPA 17.
(v) Wet-chemical extinguishing systems, NFPA 17A.
Exception: Factory-built commercial cooking recirculating systems that are tested in accordance with UL 71 OB and listed, labeled and installed in accordance with Section 304.1 of the International Mechanical Code.
(f) Operations and Maintenance (IFC 904.11.6). Automatic fire-extinguishing systems protecting commercial cooking systems shall be maintained in accordance with Sections 904.11.6.1 through 904.11.6.3 of the IFC.
(13) Heating Facilities and Equipment.
(a) Installation (IFC 603.1). The installation of nonportable fuel gas appliances and systems shall comply with the International Fuel Gas Code. The installation of all other fuel-fired appliances, other than internal combustion engines, oil lamps and portable devices such as blow torches, melting pots and weed burners, shall comply with this section and the International Mechanical Code.
(b) Access (IFC 603.1.5). The installation shall be readily accessible for cleaning hot surfaces; removing burners; replacing motors, controls, air filters, chimney connectors, draft regulators and other working parts; and for adjusting, cleaning and lubricating parts.
(c) Appliance Shutoff Valve (IFGC 409.5). Each appliance shall be provided with a shutoff valve in accordance with Section 409.5.1, 409.5.2 or 409.5.3 of the IFGC. The shutoff valve shall be located in the same room as the appliance. The shutoff valve shall be within six feet (1,829 mm) of the appliance, and shall be installed upstream of the union, connector or quick disconnect device it serves. Such shutoff valves shall be provided with access. Appliance shutoff valves located in the firebox of a fireplace shall be installed in accordance with the appliance manufacturer’s instructions.
(d) Sediment Trap (IFGC 408.4). Where a sediment trap is not incorporated as part of the appliance, a sediment trap shall be installed downstream of the appliance shutoff valve as close to the inlet of the appliance as practical. The sediment trap shall be either a tee fitting having a capped nipple of any length installed vertically in the bottommost opening of the tee or other device approved as an effective sediment trap. Illuminating appliances, ranges, clothes dryers and outdoor grills need not be so equipped.
(e) Removal of Combustion Products (IPMC 603.2). All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.
Exception: Fuel-burning equipment and appliances which are labeled for unvented operation.
(f) Slope of Vent Pipe (IFGC 503.10.8). A vent connector shall be installed without dips or sags and shall slope upward toward the vent or chimney at least 1/4 inch per foot (21 mm/m). Exception: Vent connectors attached to a mechanical draft system installed in accordance with the appliance and draft system manufacturers’ instructions are excepted from this requirement.
(14) Water Heaters.
(a) Where Required (IPC 607.1). In residential occupancies, hot water shall be supplied to all plumbing fixtures and equipment utilized for bathing, washing, culinary purposes, cleansing, laundry or building maintenance. In nonresidential occupancies, hot water shall be supplied for culinary purposes, cleansing, laundry or building maintenance purposes. In nonresidential occupancies, hot water or tempered water shall be supplied for bathing and washing purposes. Tempered water shall be supplied through a water temperature limiting device that conforms to ASSE 1070 and shall limit the tempered water to a maximum of 110°F (43°C). This provision shall not supersede the requirement for protective shower valves in accordance with Section 424.3.
(b) General (IPMC 505.1). Every sink, lavatory, bathtub or shower, drinking fountain, water closet, water heater, or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code.
(c) Water Heating Facilities (IPMC 505.4). Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not more than 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters.
(d) Appliance Shutoff Valve (IFGC 409.5). Each appliance shall be provided with a shutoff valve in accordance with Section 409.5.1, 409.5.2 or 409.5.3 of the IFGC. The shutoff valve shall be located in the same room as the appliance. The shutoff valve shall be within six feet (1,829 mm) of the appliance, and shall be installed upstream of the union, connector or quick disconnect device it serves. Such shutoff valves shall be provided with access.
(e) Sediment Trap (IFGC 408.4). Where a sediment trap is not incorporated as part of the appliance, a sediment trap shall be installed downstream of the appliance shutoff valve as close to the inlet of the appliance as practical. The sediment trap shall be either a tee fitting having a capped nipple of any length installed vertically in the bottommost opening of the tee or other device approved as an effective sediment trap. Illuminating appliances, ranges, clothes dryers and outdoor grills need not be so equipped.
(15) Boilers.
(a) Appliance Shutoff Valve (IFGC 409.5). Each appliance shall be provided with a shutoff valve in accordance with Section 409.5.1, 409.5.2 or 409.5.3 of the IFGC. The shutoff valve shall be located in the same room as the appliance. The shutoff valve shall be within six feet (1,829 mm) of the appliance, and shall be installed upstream of the union, connector or quick disconnect device it serves. Such shutoff valves shall be provided with access.
(b) Sediment Trap (IFGC 408.4). Where a sediment trap is not incorporated as part of the appliance, a sediment trap shall be installed downstream of the appliance shutoff valve as close to the inlet of the appliance as practical. The sediment trap shall be either a tee fitting having a capped nipple of any length installed vertically in the bottommost opening of the tee or other device approved as an effective sediment trap. Illuminating appliances, ranges, clothes dryers and outdoor grills need not be so equipped.
(c) Equipment Rooms (IFC 315.2.3). Combustible material shall not be stored in boiler rooms, mechanical rooms or electrical equipment rooms.
(d) A boiler inspection certificate showing the boiler is in compliance with applicable Pennsylvania Department of Labor and Industry requirements shall be available for review by the code enforcement officer.
(16) Compressed Gases.
(a) Security (IFC 3003.5). Compressed gas containers, cylinders, tanks and systems shall be secured against accidental dislodgement and against access by unauthorized personnel in accordance with Sections 3003.5.1 through 3003.5.3 of the IFC.
(17) Key Boxes.
(a) Key Box Maintenance (IFC 506.2). If a building is equipped with a key box accessible by the fire department, the operator of the building shall immediately notify the code enforcement officer and provide the new key when a lock is changed or rekeyed. The key to such lock shall be secured in the key box.
(18) Fueled Equipment (IFC 313.1 and 313.1.1).
(a) Fueled equipment including, but not limited to, motorcycles, mopeds, lawn-care equipment, portable generators and portable cooking equipment, shall not be stored, operated or repaired within a building.
Exceptions include buildings or rooms constructed for such use in accordance with the International Building Code. Where allowed by Section 314 of the IFC and storage of equipment utilized for maintenance purposes is allowed in approved locations when the aggregate fuel capacity of the stored equipment does not exceed 10 gallons (38 L) and the building is equipped throughout with an automatic sprinkler system installed in accordance with Section 903.3.1.1. The code enforcement officer is authorized to require removal of fueled equipment from locations where the presence of such equipment is determined by the code enforcement officer to be hazardous.
(19) Carbon Monoxide Alarm Within Day Care Services. If a fossil fuel is used for a heat source, for cooking, or there is a fireplace within the building used for day care services, a working carbon monoxide alarm must be installed in the building used for day care services. Such alarms must be placed per the manufacturer’s recommendation and maintained in working condition. Carbon monoxide alarms may be battery, plug-in, or direct-wired installation, and may be in combination with smoke or fire alarms. (Ord. 3780 § 3, 2019; Ord. 3771 § 1, 2018)
1504.10 Results of inspection.
The code enforcement officers shall follow the general guidelines as set forth below:
(1) All code enforcement officers shall determine when the occupancy of the commercial building satisfies the inspection criteria set forth in MMC 1504.09 in addition to all fire regulations, uniform construction code regulations, health regulations, zoning ordinances, subdivision ordinances and general ordinances and laws of the City of Meadville and the laws of the commonwealth of Pennsylvania.
(2) In the event that an inspection reveals a violation of any of the regulations set forth in subsection (1) of this section, the code enforcement officers shall give the owner notice, prescribing the date by which all violations shall be abated. The code enforcement officers shall be permitted to prescribe a different abatement date for different violations.
(3) Any material change of use from the current building code classification of a commercial property, or the addition of uses outside of the approved classification in an existing occupancy shall trigger a new inspection as to the changed use and the additional uses only. (Ord. 3771 § 1, 2018)
1504.11 Appeal procedures.
(1) Application for Appeal. Any person directly affected by a decision of the code enforcement officer, or a notice or order issued under this article, shall have the right to appeal to the code appeals board; provided, that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this article has been incorrectly interpreted, the provisions of this article do not fully apply, or the requirements of this article are adequately satisfied by other means.
(2) Notice of Meeting. The code appeals board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings.
(3) Open Hearing. All hearings before the code appeals board shall be open to the public. The appellant, the appellant’s representative, the code enforcement officer and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the code appeals board membership.
(a) Procedure. Hearings and appeal proceedings shall be conducted in accordance with the provisions of the Pennsylvania Local Agency Law, 2 Pa. C.S. § 551 et seq., and in accordance with the applicable requirements of the Pennsylvania Sunshine Law, 65 Pa. C.S. § 701 et seq. Proceedings need not comply with the strict rules of evidence.
(4) Postponed Hearing. When the full code appeals board is not present to hear an appeal, either the appellant or the appellant’s representative shall have the right to request a postponement of the hearing.
(5) Board Decision. The code appeals board shall modify or reverse the decision of the code enforcement officer only by a concurring vote of a majority of the total number of appointed board members.
(a) Records and Copies. The decision of the code appeals board shall be recorded. Copies shall be furnished to the appellant and to the code enforcement officer.
(b) Administration. The code enforcement officer shall take immediate action in accordance with the decision of the code appeals board.
(6) Court Review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer.
(7) Stays of Enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the code appeals board. (Ord. 3771 § 1, 2018)
1504.12 Fees.
There shall be an inspection fee applicable to all inspections conducted by the code enforcement officers of the City of Meadville for each commercial occupancy. Starting on the effective date of the ordinance codified in this article, the initial inspection fee, which fee may include a base charge and incremental hourly charge, shall be as established by resolution of the city council of the City of Meadville. Any future change in the inspection fee shall be set by resolution of city council upon recommendation by the city manager. (Ord. 3771 § 1, 2018)
1504.13 Penalties.
Any person who shall violate a provision of this article or shall fail to comply with any requirements hereof, or who or which shall be in violation of any directive of the code enforcement officer to cure a violation of this article, shall, upon conviction thereof, before the magisterial district judge having jurisdiction in the City of Meadville, be liable for a fine up to a maximum of $1,000, or 30 days’ imprisonment, or both.
Nothing within this penalty section shall serve to hamper the rights of the code enforcement officers of the City of Meadville to take any and all necessary legal action to force the abatement of any violation and/or nuisance which is discovered and/or known by the code enforcement officers as a result of any information received or observed, including, but not limited to, the temporary or permanent closure of the commercial building, or any other rights or remedies which are permissible under any other code or ordinance of the City of Meadville or law of the commonwealth of Pennsylvania. If deemed necessary to protect the health, safety and welfare of citizens of the City of Meadville, the code enforcement officer may order a commercial building to be closed to the public, pending abatement of any violation, and/or shall have the power to abate a violation on behalf of the property owner and seek reimbursement from said property owner. The above referenced penalties shall be in addition to the course of action taken by the code enforcement officer. (Ord. 3771 § 1, 2018)
1504.14 Nonexclusive remedies.
The penalty provisions of this article and the nonrenewal, suspension, revocation and closure procedures provided in this article shall be independent, nonmutually exclusive separate remedies, all of which shall be available to the city as may be deemed appropriate for carrying out the purposes of this article. The remedies and procedures provided in this article for violation hereof are not intended to supplant or replace, to any degree, the remedies and procedures available to the city in the case of a violation of any other code or ordinance of the City of Meadville or the commonwealth of Pennsylvania, whether or not such code or ordinance is referenced in this article and whether or not an ongoing violation of such other code or ordinance is cited as the underlying ground for a finding of a violation of this article. (Ord. 3771 § 1, 2018)
1504.15 Miscellaneous provisions.
For purposes of this article, any notice required hereunder and/or identification which is given to a manager or authorized agent of the owner of a commercial building shall be deemed as notice or identification provided to the owner directly. (Ord. 3771 § 1, 2018)
1504.16 Rebuttable presumption.
There shall be a rebuttable presumption that any notice required to be given to the owner of a commercial building under this article shall be received by such owner if the notice/identification was given to the owner in the manner provided herein. (Ord. 3771 § 1, 2018)
1504.17 Severability.
If any provision of this article or the application thereof to any person or circumstances is held invalid, such holdings shall not affect the other provisions or applications of this article which can be given their full force and effect without the invalid provisions where application and, to this end, the provisions of this article are declared severable. (Ord. 3771 § 1, 2018)
1504.18 Conflicts.
All ordinances, or parts of ordinances, of the City of Meadville in conflict with this article to the extent of such conflicts, and no further, are hereby repealed. The provisions of this article are severable. If any part of this article is declared to be unconstitutional, illegal or invalid, the validity of the remaining provisions shall be unaffected thereby. (Ord. 3771 § 1, 2018)