Commercial fire safety inspections eyed in 2019

Change in state law could force new inspections of 800 properties

An imminent change in state law means Lansdale Borough could have to start up a new program to inspect certain properties.

Borough Manager John Ernst told council’s Code committee last week that a new state law means a new system of commercial property inspections for fire safety may have to be in place as soon as 2019.

“The fire code is changing in October of this year. The state is going to be adopting a new fire code, which will require a commercial property inspection,” Ernst said.

“The fire code that we do have in place, does not require fire inspections. We operate by a fire code that is so old, the organization, the regulating group, no longer even exists,” he said.

Current borough fire codes date back to 1990, Ernst told council’s Code committee last week, and have been maintained over the years because prior councils and staff administrations have thought the old code gave the town more enforcement power than newer updates.

“Flash forward 20 years: the (1990) code is no longer available, and you are required to move to the International Fire Code, which is going to be adopted by the Commonwealth of Pennsylvania in October,” Ernst said.

“That will be the law of the state. Lansdale Borough will also be adopting that code, and with it, we will be adopting the fire code, because the one we have currently is no longer enforceable,” he said.

Staff have identified roughly 800 commercial properties in Lansdale that would fall under the parameters of the new code and would need some sort of fire inspection, Ernst said. Staff have contacted several neighboring municipalities to learn more about their commercial fire safety inspections, Ernst said, and Hatfield Township and Borough do theirs every other year, while most others are done annually.

“My guess is that if you do not have this in place, you are not required to have it in place immediately. There is a period of time that will allow you to transition,” Ernst said.

“Especially going into budget season, we need to start talking about how many, the logistics of doing this, not to mention the public message and outcry from business owners that now need to be looking at spending a fee on some type of regular basis,” he said.

Staff currently perform inspections on roughly 3,400 apartment units within Lansdale, with each needing inspection every two years, and a roughly $120 license fee paid every year that, at least in theory, covers the costs.

“As a borough, as a municipality, we cannot make money on these things. We are required to make them revenue neutral,” he said.

“Some are really quick, and it doesn’t cost us $120. Some are like pulling teeth, you go back and forth with a landlord five or six times, and you lose money,” Ernst said.

Staff are researching what criteria would need to be covered in a commercial fire safety inspection, who would need to perform them, what qualifications that inspector would need, and how often they would need to be done, according to the manager.

“There has to be discussion, among staff and council, about budget concerns, about who is the person, or persons, who is paying for the training. Where does that come from?” said Ernst.

“How long a period of time do we have to get a program in place? What are the costs? What’s the fee to the property owner? What’s the paperwork involved? What’s the checklist? How do we keep track of the properties? And on and on,” he said.

Council President Denton Burnell said performing those inspections alone “sounds like a full time job.” Ernst said staff would likely look to hire at least one employee who already has whatever certifications are necessary to do the inspections, so work can begin as soon as possible.

“There needs to be a job description, and certification, and we need to understand exactly what the role and the scope of the person’s responsibilities are going to be,” he said.

Staff will continue to give updates during the Code committee’s upcoming meetings, and Ernst said details may not be finalized before the 2019 budget is passed, but he would rather give council and the public as much early warning as possible.

“My purpose here is to tell you we are researching this, this is what we’re finding out, and I would rather provide it as we get it, instead of just dropping it on the table and saying ‘Here we are,’” he said.

Staff will also have to evaluate, and council will have to approve, whether the inspection fees would be based on the size or volume of a building, or the time it takes to inspect, and Ernst used as an example a large industrial property compared to a small Main Street storefront.

“These are the types of things we’ll be looking at, and talking about, and asking questions. More to come,” Ernst said.

Lansdale Borough Council next meets at 7 p.m. on Sept. 19 and the code committee next meets at 8 p.m. on Oct. 3, both at the borough municipal building, 1 Vine St.