[HISTORY: Adopted by the Borough Council of the Borough of Pen Argyl
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-1-1975 by Ord. No. 378,
approved 12-1-1975]
[Amended 9-10-1984 by Ord. No. 424,
approved 9-10-1984]
There is hereby adopted by the Council of the Borough of Pen Argyl for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Prevention Code" recommended by the American Insurance Association, being particularly the 1976 Edition thereof and the whole thereof with the November 1982 amendments thereto, save and except such portions as are hereinafter deleted, modified or amended by § 57-7, of which code and amendments not less than three copies have been and now are filed in the office of the Secretary of the Borough of Pen Argyl; and the same are hereby adopted and incorporated as fully as if set out at length herein; and from the date on which this chapter shall take effect, the provisions thereof shall be controlling within the limits of the Borough of Pen Argyl.
A.
The Fire Prevention Code shall be enforced by the Bureau
of Fire Prevention, which Bureau is hereby established and which shall be
operated under the supervision of the Fire Chief of the Borough of Pen Argyl,
hereinafter referred to as the Fire Chief.
B.
The members of the Bureau of Fire Prevention shall be
appointed by the Council of the Borough of Pen Argyl.
C.
The Fire Chief may detail members of the Bureau of Fire
Prevention as inspectors as shall from time to time be necessary, or the Fire
Chief may detail members of the volunteer fire company within the Borough
of Pen Argyl as inspectors as shall from time to time be necessary. The Fire
Chief may recommend to the Council of the Borough of Pen Argyl the employment
of technical inspectors who from time to time may be necessary.
D.
A report of the Bureau of Fire Prevention shall be made
annually and transmitted to the President of the Council of the Borough of
Pen Argyl. It shall contain all proceedings under this code, with such statistics
as the Fire Chief may wish to include therein; the Fire Chief shall also recommend
any amendments to the code which in his judgment shall be desirable.
As used in the Fire Prevention Code, the following terms shall have
the meanings indicated:
The Solicitor for the Borough of Pen Argyl.
The Borough of Pen Argyl.
The limits referred to in Section 12.5b of the Fire Prevention Code,
in which storage of explosives and blasting agents is prohibited, are hereby
established as the limits of the following districts, as contained in the
Zoning Ordinance of 1969 of the Borough of Pen Argyl, as amended:[1]
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GB
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General Business
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R-L
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Limited Residential
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R-10
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Low-Density Residential
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R-M
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Residential Mobile Homes
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IL
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Light Industrial, Commercial
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SC
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Special Conservation
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R-7.8
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Medium-Density Residential
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The limits referred to in Section 21.6a of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: same as § 57-4.
The Fire Prevention Code is amended and changed in the following respects:
A.
Section 12.7m is amended to read as follows:
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m. Vehicles transporting explosives shall avoid congested traffic and
densely populated areas.
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B.
Section 20.14a shall be amended to read as follows:
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a. The transportation of hazardous chemicals and other dangerous articles
by motor vehicles shall comply with DOT regulations.
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The Fire Chief shall have power to modify any of the provisions of the
Fire Prevention Code upon application in writing by the owner or lessee or
his duly authorized agent, when there are practical difficulties in the way
of carrying out the strict letter of the code, provided that the spirit of
the code shall be observed, public safety secured and substantial justice
done. The particulars of such modification when granted or allowed and the
decision of the Fire Chief thereon shall be entered upon the records of the
Department and a signed copy shall be furnished the applicant.
Whenever the Fire Chief shall disapprove an application or refuse to
grant a permit applied for, or when it is claimed that the provisions of the
code do not apply or that the true intent and meaning of the code have been
misconstrued or wrongly interpreted, the applicant may appeal from the decision
of the Fire Chief to the Council of the Borough of Pen Argyl within 30 days
from the date of the decision appealed.
The President of the Council of the Borough of Pen Argyl, the Mayor
of the Borough of Pen Argyl, the Secretary of the Borough of Pen Argyl and
the Fire Chief shall act as a committee to determine and specify, after giving
affected persons an opportunity to be heard, any new materials, processes
or occupancies which shall require permits, in addition to those now enumerated
in said code. The Fire Chief shall post such list in a conspicuous place in
his office and distribute copies thereof to interested persons.
Any person who shall violate any of the provisions of the code hereby
adopted or fail to comply with the provisions of this chapter shall, upon
summary conviction before a District Magistrate, be sentenced to pay a fine
of not less than $25 nor more than $50 or undergo imprisonment for not less
than 30 days.
[Adopted 7-10-1990 by Ord. No. 475,
approved 7-10-1990]
This article shall be known as and may be cited as the "Automatic Protection
Device Ordinance."
The Council of the Borough of Pen Argyl has determined that the receipt
of false fire alarms indicating that emergencies exist is detrimental to the
health, safety and welfare of the citizens of the Borough of Pen Argyl and
to the Volunteer Fire Department, and it is hereby declared to be the policy
of the Borough of Pen Argyl to safeguard and protect the residents of said
Borough and the personnel of the Volunteer Fire Department from such hazards
and risks.
As used in this article, the following terms shall have the meanings
indicated:
An electronically operated instrument or system, composed of sensory
apparatus, related hardware and circuitry, which, when it detects a stimulus
characteristic of fire, heat or smoke, automatically transmits an alarm or
signal intended to result in an emergency response by a Fire Department.
The Borough of Pen Argyl, Northampton County, Pennsylvania.
Any alarm or signal, activated by an automatic protection device,
which causes the Fire Department to respond but which is not the result of
a fire emergency and which is caused by a condition within the control of
the person in possession of the premises where the device is located.
The Lookout Fire Company.
One which produces a signal only at the premises protected.
The annual permit required by this article for automatic protection
devices.
A natural person, corporation, firm, partnership, association, organization
or any other group acting as a unit or an executor, administrator, trustee,
receiver or other representative appointed according to law. In any section
of this article which prescribes a penalty, fine or service charge, whenever
the word "person" is used as to partnerships or associations, the word shall
mean the partners or members thereof and, as to corporations, shall mean the
officer, agents or members thereof who are responsible for any violation of
such section.
A.
A permit shall be obtained by the person in possession
of the premises for the installation of any automatic protection device other
than a local alarm system. Prior to installation, a complete set of plans
must be submitted for approval by the Fire Chief. These plans must be accompanied
by the application prescribed by the Fire Chief.
B.
The person in possession of the premises where an automatic
protection device is in use must, each year, apply for and receive a permit
to operate the device.
C.
The person in possession of the premises where an automatic
protection device is operated must apply for the annual permit no later than
January 31 of the year during which the device is to be operated.
D.
The charge for a permit shall be five dollars, and the
charge for an annual renewal permit shall be $5.
E.
All permit applications are available from the Borough
Secretary, and completed applications and payment of the permit fee shall
be made with the Borough Secretary.
F.
The Borough Council may, from time to time, change the
permit and/or application fee by resolution.
A.
Failure to apply for a permit. Any person in possession
of a premises where an automatic protection device is operated who intentionally
does not apply for the annual permit required by this article shall be in
violation of this article and shall be liable for a penalty of $100 for each
such violation. The Fire Chief shall issues a summons subjecting the person
in possession of the premises to the fine of $100.
B.
Fines for false alarms. In the event that false alarms
are transmitted to the Fire Department by an automatic protection device,
the Fire Chief shall issue a summons subjecting the person in possession of
the premises where an automatic protection device is in use to the following
fines:
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Number of False Alarms per 12-Month Period
(calendar year or any part thereof)
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Fine
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1st false alarm
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No fine; warning issued
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2nd false alarm
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No fine; 2nd warning issued
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3rd false alarm
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$100
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4th false alarm
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$200
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For each additional false alarm, add
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$100
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C.
All fines shall be collected and recorded by the Borough
Secretary.
When the Fire Department responds to an alarm transmitted by an automatic
protection device, which alarm indicates a fire in a building or premises
where no one is available to provide access, the Fire Department is hereby
authorized to enter said building or premises by any means reasonably necessary
to conduct an investigation as to the cause of the alarm.
A.
The sensory mechanism of an automatic protection device
shall be equipped and adjusted so as to suppress false indications of fire
and so that the device will not be activated by impulses due to normal pressure
changes in water pipes, variations in voltage due to electrical storms and
power failure or any other forces not related to actual fire conditions.
B.
False alarms transmitted from automatic protection devices
are unlawful.
A.
No person shall conduct any test or demonstration of
any automatic protection device without first notifying the Fire Department
and the Fire Chief and obtaining the Department's permission.
B.
Any test or demonstration of any automatic protection
device resulting in a false alarm due to the failure of the person conducting
such test or demonstration to notify and obtain permission from the Fire Department
shall be subject to a service charge of $200 for each infraction, which will
be assessed against the person responsible for the test or demonstration.
