[HISTORY: Adopted by the Borough Council of the Borough of Honesdale 10-10-1977 by Ord. No. 437; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
This chapter may be cited and referred to as the "Honesdale Fire Prevention Code."
A certain document, at least one copy of which is on file with the Secretary of the Borough of Honesdale, being marked and designated as the "BOCA National Fire Prevention Code, Tenth Edition/1996," as published by the Building Officials and Code Administrators International, Inc., as modified in § 109-4 herein, is hereby adopted as the Fire Prevention Code of the Borough of Honesdale in the Commonwealth of Pennsylvania for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, conditions and terms of the BOCA National Fire Prevention Code, Tenth Edition/1996, as supplemented, with the modifications as prescribed in § 109-4 herein, are hereby referred to, and adopted and made a part hereof as if fully set out in this chapter.
The administration and enforcement of this article shall be carried out as prescribed by Chapter 85, Code Enforcement, Article I, Enforcement and Administration of Codes, as amended. Said article provides for certain powers and duties of a Code Enforcement Official and for procedures relative to applications, fees, inspections, appeals, penalties and other matters.
The following chapters and sections and appendix are hereby deleted in their entirety:
Section F-402.0, Open Flame or Light.
Section F-403.0, Open Burning.
Section F-404.0, Torches for Removing Paint.
Chapter 13, Application of Flammable Finishes.
Chapter 16, Lumber Yards and Woodworking Plants.
Chapter 20, Tents and Air-Supported Structures.
Chapter 22, Welding or Cutting, Calcium Carbide and Acetylene Generators.
Chapter 26, Combustible Fibers.
Chapter 27, Compressed Gases.
Appendix A, Recommended Ordinance.
All portions of sections and subsections having reference to administration or enforcement are deleted.
Table F-107.2.3, Permit Requirements, is replaced by the following wording: "Fees for required permits shall be as set forth from time to time by resolution of the Borough Council. The current Fee Schedule can be found on file in the borough offices."
Section F-308.1, General, is hereby revised to read "All existing chimneys, smokestacks or similar devices or appliances shall be maintained in accordance with NFPA 54 and 211 listed in Chapter 44, where the provisions of this chapter do not specifically cover conditions and operations and in a manner that does not create a fire hazard."
Chapter 32, Flammable and Combustible Liquids, is hereby revised only to exclude any requirement designated or provided for within Chapter 32 for the seeking, securing or possessing of any permit or license. Said revision shall hereby delete the following subsections and portions of subsections:
Throughout the code, references to "code official" shall be interpreted as the Code Enforcement Official.
Nothing in this chapter or in the BOCA National Fire Prevention Code hereby adopted shall be construed to affect any suit or proceeding impending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
Whenever there is a conflict between any local ordinance and state laws, the more stringent shall prevail.
Fees shall be as set forth from time to time by resolution of the Borough Council. The current Fee Schedule can be found on file in the borough offices.
Any person who shall violate any of the provisions of this code or fail to comply with any order issued pursuant to any section thereof shall, upon conviction thereof, be subject to a fine of not more than $1,000, plus costs of prosecution, and in default of payment of such fine and costs shall be sentenced to imprisonment for a period of not more than 30 days. Each day that a violation continues shall be deemed a separate offense.