[HISTORY: Adopted by the Borough Council of the Borough of Aldan 2-11-1976
by Ord. No. 341. Amendments noted where applicable.]
There is hereby adopted by the Council of the Borough of Aldan 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 National Board of Fire Underwriters, being particularly
the 1970 edition thereof and the whole thereof, of which code not fewer than
three copies have been and now are filed in the office of the Secretary of
the borough. 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 those in effect within the limits of the Borough
of Aldan.
As used in this chapter, the following terms shall have the meanings
indicated:
The Fire Prevention Committee, as hereinafter created and established
by this chapter.
The Fire Marshal of the Borough of Aldan, or the Deputy Fire Marshal
if the Fire Marshal is unable or unavailable to act. Both the Fire Marshal
and one or more Deputy Fire Marshals shall be appointed by Borough Council.
[Amended 10-11-1977 by Ord. No. 357]
The Borough Solicitor.
Collingdale Fire Company No. 1, Collingdale Fire Company No. 2 and
Clifton Fire Company.
The Borough of Aldan.
A.
There is hereby created and established the Fire Prevention
Committee of the Borough of Aldan.
B.
The Fire Prevention Committee shall be composed of nine
members, which shall be:
(1)
The Fire Marshal of the Borough of Aldan.
(2)
The Chief of Clifton Fire Company.
(3)
The Captain of Collingdale Fire Company No. 1.
(4)
The Captain of Collingdale Fire Company No. 2.
(5)
Three members of the Borough Council who will compose
the Fire Committee of the Council.
(6)
Two Aldan residents who are qualified through background,
experience and interests, who shall be appointed by the Aldan Borough Council.
C.
The members of the Fire and Light Committee of the Borough
Council shall be members of the Fire Prevention Committee solely and only
by virtue of being a member of the Fire and Light Committee of the Borough
Council, and membership on the Fire Prevention Committee shall cease immediately
upon ceasing to be a member of the Fire and Light Committee of the Borough
Council unless the Borough Council extends the membership for some valid reason.
D.
Those members of the Fire Prevention Committee who are
not members of the Fire and Light Committee of the Borough Council shall remain
as members of the Fire Prevention Committee until their successors in office
are named. However, all members' terms of office shall be one year.
E.
An individual elected by a majority vote of the Fire
Prevention Committee and also the Chairman of the Fire and Light Committee
of the Borough Council shall serve and act as Cochairman of the Fire Prevention
Committee and shall coordinate the activities of said Committee.
F.
The Fire Prevention Committee shall elect by majority
vote of the entire Committee a secretary, who shall maintain and keep the
records of the meetings of the Fire Prevention Committee and shall perform
other duties as hereinafter set forth.
A.
The Fire Marshal of the Borough of Aldan shall enforce
all laws and ordinances, including this chapter, that relate to fires, fire
hazards, flammables and fire control, but the Fire Marshal shall do so under
and subject to the supervision and direction of the Fire Prevention Committee.
B.
The Fire Marshal of the Borough of Aldan shall make and
file with the secretary of the Fire Prevention Committee a report of all his
activities and enforcement, including the places inspected and the violations
charged.
C.
The Fire Prevention Committee shall compile and the secretary
shall prepare and file with the Secretary of the borough an annual report
containing all proceedings under this chapter with such statistics as the
Committee may wish to include therein.
D.
It shall be the duty of the Fire Prevention Committee
to recommend to the Borough Council any amendments of this chapter which the
Committee shall deem desirable.
E.
Whenever the Fire Marshal determines that the parking
of motor vehicles upon any private road, street, lane or alley in the borough
is likely to interfere with the operations of the Fire Department or seriously
hamper the egress of occupants from buildings in case of fire, he shall post
signs on such private road, street, lane or alley reading "No Parking by Order
of the Fire Marshal." No person shall park any motor vehicle in disregard
of any such sign.
[Amended 12-29-1976 by Ord. No. 348]
A.
The limits referred to in Section 15.201 of the Fire
Prevention Code in which storage of flammable liquids in outside aboveground
tanks is prohibited are hereby established as follows: The entire area of
the Borough of Aldan for any tank the capacity of which is in excess of 275
gallons.
B.
The limits referred to in Section 15.401 of the Fire
Prevention Code in which new bulk plants for flammable liquids are prohibited
are hereby established as follows: The entire area of the Borough of Aldan.
C.
The limits referred to in Section 19.06(A) of the Fire
Prevention Code in which bulk storage of liquefied petroleum gas is restricted
are hereby established as follows: The entire area of the Borough of Aldan.
D.
The limits referred to in Section 12.6(b) of the Fire
Prevention Code in which storage of explosives and blasting agents is prohibited
are hereby established as follows: The entire area of the Borough of Aldan.
A.
The Fire Prevention Committee may, at all reasonable
hours, enter any building or premises for the purpose of making any inspection
or investigation which, under the provisions of this chapter, the Committee
deems necessary, provided that, except in the case of an emergency, there
shall be no entry of a private residence unless a notice of such an inspection
is served upon an occupant of said residence at least 48 hours in advance
of the inspection. Such notice shall contain the time and purpose of the proposed
inspection and shall be a valid notice only if signed by the Fire Marshal
of the Borough of Aldan or one of the Cochairman of the Fire Prevention Committee.
B.
Inspections.
(1)
It shall be the duty of the Fire Prevention Committee
to cause to be inspected by the officers or members of the three fire companies,
who are not members of the Fire Prevention Committee, in Aldan, all building
and premises except the interiors of dwellings, as often as may be necessary
for the purpose of ascertaining and causing to be corrected any conditions
liable to cause fire or endanger life from fire or any violations of the provisions
or intent of this chapter and of any other ordinance affecting the fire hazard.
(2)
The Fire Prevention Committee shall inspect or cause
to be inspected any buildings and premises upon the complaint of any person
or wherever it deems it necessary.
C.
Wherever an inspection as referred to in Subsection B(1) or (2) shall reveal in any building or upon any premises dangerous or hazardous conditions or materials as follows, the Secretary of the Fire Prevention Committee shall notify the Borough Secretary of such violation, and the Borough Secretary shall order such dangerous conditions or materials to be removed in such manner as may be specified by the Fire Prevention Committee:
(1)
Dangerous or unlawful amounts of combustible or explosive
or otherwise hazardous materials.
(2)
Hazardous conditions arising from defective or improperly
installed equipment for handling or using combustible or explosive or otherwise
hazardous materials.
(3)
Dangerous accumulations of rubbish, wastepaper, boxes,
shavings or other highly flammable materials.
(4)
Accumulations of dust or waste material in air conditioning
or ventilating systems or of grease in kitchen or other exhaust ducts.
(5)
Obstructions to or on fire escapes, stairs, passageways,
doors or windows, liable to interfere with the operations of the Fire Department
or egress of occupants in case of fire.
(6)
Any building or other structure which, for want of repairs,
lack of adequate exit facilities, automatic or other fire alarm apparatus
or fire extinguishing equipment, or by reason of age or dilapidated condition
or from any other cause creates a hazardous condition.
D.
All applications for a permit required by this chapter
shall be made to the Fire Marshal of the Borough of Aldan in such form and
detail as prescribed by the Fire Prevention Committee and shall be accompanied
by such plans as required by the Fire Prevention Committee. An application
for a permit for existing conditions that require a permit shall be made no
later than December 31, 1976. The application fee for a permit shall be $5.
E.
No person shall kindle or maintain any bonfire or rubbish
fire or authorize any such fire to be kindled or maintained anywhere in the
borough at any time.
The Fire Prevention Committee shall have the 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 Prevention Committee thereon shall be entered
upon the records of the department and a signed copy shall be furnished to
the applicant.
Any person aggrieved by any decision of the Fire Marshal of the Borough
of Aldan or any person aggrieved by the findings and report of an inspection
or any party in interest who claims 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 may appeal to the Fire Prevention Committee within
15 days after the decision complained of.
The Fire Prevention Committee 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 Marshal of the Borough of Aldan
shall post such list in a conspicuous place in the borough and distribute
copies thereof to interested persons.
A.
Any person who shall violate any of the provisions of
the code hereby adopted or who shall fail to comply therewith, or who shall
violate or fail to comply with any order made thereunder, or who shall build
in violation of any detailed statement of specifications or plans submitted
and approved thereunder or any certificate or permit issued thereunder and
from which no appeal has been taken, or who shall fail to comply with such
an order as affirmed or modified by the Fire Prevention Committee or by a
court of competent jurisdiction within the time fixed herein shall severally,
for each and every such violation and noncompliance respectively, be subject
to pay a fine of not less than $5 nor more than $100, plus costs, such penalties
to be collected before any District Justice of said borough as like penalties
are now by law collectible and, in default of the payment of said fine and
costs, shall be sentenced to serve a term of imprisonment of not less than
one day nor more than 90 days. The imposition of any one penalty for any violation
shall not excuse the violation or permit it to continue; and all such persons
shall be required to correct or remedy such violations or defects within a
reasonable time; and when not otherwise specified, each 10 days that prohibited
conditions are maintained shall constitute a separate offense.
B.
The application of the above penalty shall
not be held to prevent the enforced removal of prohibited conditions. Any
person who shall fail to comply with an order for the removal or correction
of dangerous materials or conditions within the period of time prescribed
in said order shall be considered to be maintaining a public nuisance harmful
and prejudicial to the public health and safety, and the Borough Council shall
have the right to abate and remove said nuisance and to collect the cost and
expense of said removal or abatement, together with a penalty of 10% of said
cost, to be collected in the manner provided by law for the collection of
municipal claims, or the Borough Council shall have the right to bring an
action in assumpsit for the collection of said cost and penalty without the
necessity of filing a municipal claim, provided that nothing contained herein
shall prevent the Borough Council from seeking relief from the dangerous condition
by the institution of an action in equity.
