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Borough of Pottstown, PA
Montgomery County
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Table of Contents
Table of Contents
Code
New Laws (2) Index Notes (1)
[Ord. 2020, 5/8/2006; as amended by Ord. 2159, 12/12/2016]
A certain document, three copies of which are on file in the office of the Licensing and Inspections Director of the Borough of Pottstown, being marked and designated as the "International Fire Code, 2009 Edition," including Appendices B, D, E, F, and I (see International Fire Code, Section 101.2.1, 2009 Edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of the Borough of Pottstown, in the State of Pennsylvania, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Borough of Pottstown are hereby referred to, adopted and made a part hereof as if fully set out in this Part, with the additions, insertions, deletions and changes, if any, prescribed in §§ 202 and 203 of this Part.
[Ord. 2020, 5/8/2006]
1. 
The following sections are hereby revised:
A. 
Section 101.1: Borough of Pottstown.
B. 
Section 109.3: a summary offense, $1,000 and 30 days.
C. 
Section 111.4: not less than $50 nor greater than $1,000.
2. 
The International Fire Code is amended by replacing and changing the following:
[Added Ord. No. 2177, 6/11/2018]
A. 
Chapter 1, Section 104.3, Right of entry, is amended by inserting "The fire code official may inspect all structures and premises for the purpose of ascertaining and causing to be corrected any condition liable to cause a fire, contribute to the spread of fire, interfere with firefighting operations, endanger life, or any violations of the provisions or intent of this code." before the first sentence.
B. 
Chapter 1, Section 106.1, Inspection authority: Delete and substitute the following:
Section 106.1 Inspection authority. The fire code official shall attempt to conduct annual inspections and/or examination of all premises covered by the provisions of this code to confirm compliance with this code. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 for the purpose of enforcing this code.
Exception: One- and two-family dwellings.
C. 
Chapter 1, Section 110.2.1, Posting: Add new section as follows:
Section 110.2.1 Posting. The fire code official is authorized to post structures and premises ordered evacuated in accordance with Section 110.2 with a placard prohibiting entry or occupancy.
D. 
Chapter 1, Section 110.2.2, Placard removal: Add new section as follows:
Section 110.2.2 Placard removal. The fire code official shall remove the placard when the unsafe condition or conditions are remedied or have been eliminated. Any person who conceals, covers, hides, removes, defaces or causes to be removed a placard without the approval of the fire code official shall be guilty of a summary offense.
E. 
Chapter 1, Section 114, Certificate of fitness: Add new section as follows:
Section 114 Certificate of fitness. No person shall engage in the following activities without a certificate of fitness issued by the fire code official. A certificate of fitness shall be obtained by all applicants/vendors [companies or person(s)] for the purpose of conducting any operation or performing an act for which a certificate of fitness is required as set forth below.
F. 
Chapter 1, Section 114.1, Application: Add new section as follows:
Section 114.1 Application. The applicant shall meet the standards and regulations established by the fire code official, including possession of a certificate of insurance covering the work requested, workers' compensation for employees as required by federal, state or local mandated regulations, laws and statutes. Additionally, an exhibition of appropriate levels of education, training, certification and experience shall be submitted to the fire code official for review and issuance of the certificate of fitness prior to any work commencing. The applicant and employees engaging in the specified work shall have strong familiarity and understanding of fire protection systems/fire code application for which the certificate of fitness is requested. An application on a form prescribed by the fire code official and fee as established by resolution of Borough Council of the Borough of Pottstown shall be submitted to the Pottstown Fire Department Fire Chief for review and approval for each system described herein for which an applicant secks to obtain a certificate of fitness.
G. 
Chapter 1, Section 114.2 Issuance: Add new section as follows:
Section 114.2 Issuance. Upon approval, a certificate of fitness shall be issued and the applicant placed on a list of approved vendors with the Borough of Pottstown, Pennsylvania, authorizing them to perform the type of work categorized per the approved certificate of fitness. Certificates of fitness shall be valid for one year, January 1 through December 31 of each calendar year. Certificate holders must reapply each calendar year, and provide the fee established by resolution of Borough Council per system for which they seek approval and listing. Performance of work on a system described below in the Borough of Pottstown, Pennsylvania, without a certificate of fitness shall cause the violator to be precluded from applying for a certificate of fitness for a period of one calendar year, and subject the violator to fines, double fee costs, citations and additional costs provided herein.
H. 
Chapter 1, Section 114.3 Certificate categories. Add new section as follows:
Section 114.3 Certificate categories.
CF-101 Automatic fire alarms. Installations/Inspections/Service
CF-102 Sprinkler/Standpipes. Installations/Inspections/Service
CF-103 Hood and duct systems. Installations/Inspections/Service
CF-104 Wet, dry, clean agent suppression systems. Installations/Inspections/Service
CF-105 Fire extinguishers. Installations/Inspections/Service
CF-106 Fireworks/pyrotechnics. Displays/Demonstrations
CF-107 Central stations. Retransmission/Recordkeeping/Reporting/Runner Service
CF-108 Blasting or demolition operations
CF-109 Other
I. 
Chapter 1, Section 114.4, Additional categories: Add new section as follows:
Section 114.4 Additional categories. The fire code official may require a Certificate of Fitness for certain processes which pose an unusual risk to the public safety or in cases or as part of the code modification process.
J. 
Chapter 5, Section 506.1, Where required: Insert the following sentence: "The owner or agent of all new and existing buildings in which fire protection systems are present which were or are required by Pennsylvania law or Borough of Pottstown ordinance shall provide a fire department key box or boxes to be installed in a location approved by the fire code official," after the first sentence.
K. 
Chapter 9, Section 901.6.2, Records: Delete and substitute the following:
Section 901.6.2 Records. 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 fire code official, by the company performing the inspection(s), through the approved third-party reporting system vendor at the fee of agreed upon by the vendor and Council. The fee is per inspection payable directly to the vendor.
L. 
Chapter 9, Section 903.4, Sprinkler system supervision and alarms: Add the following sentence: "All new fire protection systems (automatic and manual fire alarm systems or suppression systems) where required by the Pennsylvania State Law or Pottstown Borough ordinance shall be connected to an approved central station service system according to the referenced edition of NFPA relating to central station service. Any exceptions shall be approved by the fire code official." at the end.
M. 
Chapter 9, Section 903.4.1, Signals: Remove and replace with the following:
Section 903.4.1 Signals. Alarm, supervisory and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station service system to the referenced edition of NFPA relating to central station service. Any exceptions shall be approved by the fire code official.
N. 
Chapter 9, Section 907.1.2, Fire alarm and shop drawings: Insert a new line as follows: "Wet stamped seal and signature from P.E. or minimum of current NICET Level III." after last line.
O. 
Chapter 9, Section 907.2, Where required-new buildings and structures, is amended by deleting the words "Section 907.2.23" and substituting in place "Section 907.26." This section is further amended by adding an additional paragraph which reads as follows: "In all buildings provided with an approved automatic sprinkler system, there shall also be a complete automatic and manual fire alarm system and automatic detection system in all mechanical areas and all means of egress in addition the automatic detection systems required in Sections 907.2.1 through 907.2.25."
P. 
Chapter 9, Section 907.2.1, Group A, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
Q. 
Chapter 9, Section 907.2.2, Group B, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
R. 
Chapter 9, Section 907.2.3, Group E, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
S. 
Chapter 9, Section 907.2.4, Group F, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
T. 
Chapter 9, Section 907.2.6, Group I, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
U. 
Chapter 9, Section 907.2.7, Group M, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
V. 
Chapter 9, Section 907.2.24, Height and area: Insert the following section:
Section 907.2.24 Height and area. In all buildings four or more stories in height or more than 30 feet (9,144 mm) in height or more than 5,000 (464 m2) square feet in area shall have a complete automatic fire alarm system installed throughout the building in accordance with NFPA 72.
W. 
Chapter 9, Section 907.2.25, Hazardous areas: Insert the following section:
Section 907.2.25 Hazardous areas. Smoke detectors shall be installed in the following hazardous areas in addition to a fire suppression system: trash rooms, painting rooms, laundry collection rooms, furnace room, boiler room, mechanical/electrical rooms, and rooms of similar use as determined by the fire code official.
X. 
Chapter 9, Section 907.2.26, Sprinklered buildings: Insert the following section:
Section 907.2.26 Sprinklered buildings. In all buildings provided with approved sprinkler systems, a complete automatic fire alarm system shall be provided in all means of egress, mechanical rooms, in addition to the automatic fire detection systems required in Section 907.2.10.1 through and including Section 907.2.25.
Y. 
Chapter 9, Section 907.7, Monitoring: Delete and replace with the following:
Section 907.7 Monitoring. Fire alarm systems required by this chapter or by Pennsylvania State Law or Pottstown Borough, Pennsylvania, ordinance shall be monitored by a listed central station as defined in NFPA 72. A certificate or placard shall be issued by a recognized listing organization that has listed the prime contractor for all newly installed fire alarm systems in commercial occupancies in accordance with NFPA 72. This regulation shall apply to all fire alarm systems that are newly installed in commercial occupancies in which permits are required by Pennsylvania State Law or Borough of Pottstown, Pennsylvania, ordinance. Any existing fire alarm system in a commercial occupancy wherein the fire alarm control panel and/or alarm system components are to be replaced shall be considered newly installed for the purpose of this section. Also where there is reasonable cause due to noncompliance or faulty conditions, the fire code official may require an existing fire alarm system to meet the same requirements as a newly installed system. Central station service in full compliance with the referenced edition of NFPA 72 relating to central station service shall be maintained at the protected property, so long as the requirements for the fire alarm system exists.
Exception:
Monitoring by a listed central station is not required for:
Single-and remote-station smoke alarms required by Section 907.2.11.
Smoke detectors in Group 1-3 occupancies.
Automatic sprinkler systems in one- and two-family dwellings.
[Ord. 2020, 5/8/2006; as amended by Ord. 2045, 11/13/2007]
The following sections are hereby added:
A. 
Appendices B, D, E, F, and I are adopted and incorporated herein by reference.
[Amended by Ord. 2159, 12/12/2016]
B. 
Section 105.1.1. Permits Required. A permit shall be required for all activities, uses and other operations specified in the Fire Prevention Code adopted herein. Such permits shall be issued in accordance with the provisions of this Part and the International Fire Code adopted herein.
(1) 
Prior to the issuance of any permits or certificates, as required by this Code, the Fire Marshal shall inspect and approve the processes, operations, vehicles, buildings, systems and storage places, as specifically set forth below.
(2) 
The payment and collection of all fees shall be in the manner established by the Director of Administration and Finance. Any and all permit fees not paid within 30 days shall be subject to an added 10% late charge to cover added costs of collection.
(3) 
The following list shall include the places or functions which shall require the Fire Marshal permit or certification. The inspection shall be performed annually, except where noted to the contrary. Fees for said inspections shall be set from time to time by resolution of the Borough Council.
Auto wrecking yards/scrap yards
Bowling lane refinishing, per-lane charge
Child/adult day care
100 plus capacity
7 to 99 capacity
1 to 6 capacity
Circuses/carnivals
(Per-day fee plus cost of 2 firefighters)
Class A combustible storage
Over 2,500 square feet
2,500 square feet to less
Compressed gas storage
Dry-cleaning operations
Educational institutions (post-secondary)
Colleges, universities, business schools
Class A 1,500 students and up
Class B 1,000 to 1,499 students
Class C 0 to 999 students
Explosive use, each separate occasion
Explosives, ammunition, blasting agents - storage
Fireworks display/storage fee plus cost of men and trucks as required by Fire Marshall
Flammable and combustible liquids storage
Less than 660 gallons, tank farms not included
Flammable and combustible liquids storage tank farms (bulk storage) 660 plus gallons
Fumigations/insect fogging operations
Garages/auto repair
Hazardous materials/chemicals stored, shipped, handled
Heliports
High-rise buildings/75 feet and up
Hospitals, nursing homes, rehabilitation centers and fees for additional permits as required
Hotels/motels
3 floors or fewer
More than 3 floors
Knitting mills/cotton
L.P. gas installation, less than 500 water gallons per installation
L.P. gas installation, 500 to 2,000 water gallons
Fee for installation
Yearly fee thereafter
L.P. gas installation, more than 2,000 water gallons, per year
Lumberyards/woodworking operations
Machine shops, metal-turning operations
Magnesium-handling processes
Manufacture and storage of cellulose nitrate (pyroxylin) film or plastic
Organic coatings operations
Paint removal/portable torch, residential
Places of Assembly
Class A, 1,000 plus
Class B, 300 to 999
Class C, 50 to 299
Class D, less than 50
Prisons, detention facilities (secured)
Retail stores
Spray painting/undercoating operations
Stadiums, race tracks, other external forms of amusement
Storage and/or manufacture of matches
Storage of cylinders and containers
5 or fewer
Over 5 and fewer than 20
Over 20
Tents, canopies, and other membrane structures as required by the Fire Marshall, based upon the following criteria:
Flame propagation criteria of the applicable edition of NFPA #701;
The requirements of the then-current edition of the ICC Electrical Code; and
The number of portable fire extinguishers as required by the then-current version of the IFC.
Theaters, no stage
Underground storage, flammable/combustible liquids exceeding 50,000 gallons
Use of open flames at public performances, fee plus cost of one inspector
Welding and cutting, residents and transients up to 5 times
C. 
Section 3404.3.5.1.1. Storage, handling or use of Class II and Class III combustible liquids for use in portable heating devices shall be prohibited in residential dwelling units.
D. 
Section 3404.2.14.3. Existing Tanks; Fuel-Oil Tank Piping for Oil-Burning Equipment. Existing aboveground tank installation previously approved which constitutes a hazard shall not be continued. The Code Official shall periodically inspect the existing installation for safety and to determine if the installation or operation is conducted or maintained in a safe manner. The Code Official shall have the authority to require unsafe tanks to be removed from service. The current addition of the National Fire Protection Association's Standard 31, Standard for the Installation of Oil-Burning Equipment, shall apply to all such installations and shall include that all fill pipe and bent pipe material shall be wrought-iron or steel and shall be of at least two-inch diameter iron pipe size. All connections shall be made using standard fittings. This shall apply to all new and existing installations.
E. 
Section 308.3.1.2. Prohibited Storage. Portable LPG containers, 20 pounds or less, usually used as barbecue and mobile campers, are prohibited for storage inside any dwelling unit. This includes any use and/or storage on an attached porch or balcony.
F. 
Section 503.1.4. Fire Lanes. The Fire Chief/Marshall shall inspect all multiple-dwelling, retail, commercial, hospital, public and industrial buildings, private alleys and off-street parking areas to determine and establish fire lanes within or about such areas. The Fire Chief/Marshall shall notify the owner or occupant of such places of the areas where designated fire lanes exist, and such owner or occupant shall mark and place such fire lane with markings and signs as approved by the Fire Chief/Marshall. No vehicle shall stop and park in such fire lanes, except for loading or unloading of merchandise at places designated by the Fire Chief/Marshall or for the momentary discharge or pickup of passengers.
G. 
Section 906.1.1. Residential Buildings. Fire extinguishers shall be required in all two- or multifamily unit structures and/or a two-and-one-half-pound ABC dry powder in each kitchen area.
H. 
Section 603.4.2. Unvented Space Heaters; Gas-Fired. All gas-fired appliance installations shall require a permit prior to installation. The applicant must submit a sketch that demonstrates the location of the heater(s) and pipe routings. In addition, a description of the gas supply must be submitted. All gas-fired heaters must have an oxygen depletion sensor (ODS) ignition system that will enable the unit to shut down in the event of oxygen depletion. All piping shall be color-coded, with a yellow pipe indicating the gas line, and a carbon monoxide detector shall be mounted at an appropriate location in relating to the location of the heater. This section shall apply to all existing and new gas-fired appliance installations.
I. 
Section 3404.2.9.4.1. Residential and Commercial Oil, Fire, Heating Units and Heating Oil Tank Installations. When replacing or installing any heating units or installing above-ground oil tanks in basements or other locations, all heating oil supply/return lines shall be installed overhead or along the wall at the floor line, so the line is visible at all times to inspect for leaks. The underground tank fuel line will be encased in a conduit of nondestructive materials.
J. 
Section 3404.3.2.4. Maintenance: Outside Installation — Aboveground — All tanks having a water capacity of 499 gallons or more.
(1) 
3404.3.2.4.1. All installations shall be placed on a poured, wire-reinforced concrete pad. Thickness shall be determined by the weight of the tank.
(2) 
3404.3.2.4.2. All tank installations must have a protective fence installed with the height to be determined by the size of the tank.
(3) 
3404.3.2.4.3. Proper warning signs must be provided, including the following: "U.M. NUMBERS: PROPANE, DANGER, NO SMOKING." If in an area of a parking lot, "NO PARKING"; if in a parking area, proper bumper or bollards must be installed.
(4) 
3404.3.2.4.4. All installations must be maintained properly, including painting, grass cutting and maintaining the fence in proper repair.
K. 
Section 603.6.1.1. Existing Chimneys Without Flues. It shall be required to have a flexible, stainless steel, acid-resistant, properly sized sleeve installed in a chimney if U.L. listed or approved.
L. 
Amendments to Chapter 3 of the International Fire Code.
[Added by Ord. 2084, 8/8/2011; amended by Ord. 2159, 12/12/2016; and by Ord. 2166, 7/10/2017]
(1) 
The following definitions set forth in Section 302, Definitions, of Chapter 3, General Requirements, of the International Fire Code, are hereby amended and shall provide as follows:
302. Definitions.
ACCESS-CONTROLLED DOOR - A controlled door that requires permission from an access-controlled system to allow either entry (ingress) or exit (egress) or both through the door, whether free egress is allowed or not.
M. 
Section 505.1, Address Identification, of Section 505, Premises Identification, of Chapter 5, Fire Service Features, of the International Fire Code, 2009 Edition, is amended to read as follows:
[Added by Ord. 2107, 2/11/2013]
505.1 Address Identification. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property and to the rear of properties visible from alleys and half streets. These numbers shall contrast with their background. Address numbers shall be arabic numbers or alphabetical letters. Numbers shall be a minimum of four inches high with a minimum stroke width of 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.
[Ord. 2020, 5/8/2006]
The geographic limits referred to in certain sections of the 2003 International Fire Code are hereby established as follows:
A. 
Section 3204.3.1.1: geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited: in accordance with NFPA 55.
B. 
Section 3404.2.9.5.1: geographic limits in which the storage of Class I and Class II liquids in aboveground tanks outside of buildings is prohibited: in accordance with NFPA 30.
C. 
Section 3406.2.4.4: geographic limits in which the storage of Class I and Class II liquids in aboveground tanks is prohibited: in accordance with NFPA 30.
D. 
Section 3804.2: geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas: in accordance with NFPA 58 and PA LP Gas Law, known as the "Propane and LP Gas Act."
[Ord. 2020, 5/8/2006]
All ordinances, or parts of ordinances, including but not limited to Part 2, BOCA National Fire Prevention Code, of Chapter 5, Code Enforcement, of the Code of Ordinances of the Borough of Pottstown, as amended, which shall be inconsistent with this Part shall be and the same expressly are, repealed.
[Ord. 2020, 5/8/2006]
Nothing in this Part or in the Fire 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 as cited in § 205 of this Part; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part.
[Ord. 2020, 5/8/2006; as amended by Ord. 2159, 12/12/2016]
It is the intent of the Burgess and Town Council of the Borough of Pottstown to adopt the 2009 edition of the International Fire Code. However, in the event that the State of Pennsylvania prepares and adopts a later version as amended and modified by the Pennsylvania Uniform Construction Code (Act 45), 34 Pennsylvania Code Part XIV, that most recent tri-annual edition of the Fire Code that is in equivalent cycle with the adopted UCC will become the most recent edition of the Fire Code and shall become part of the Code of Ordinances of the Borough of Pottstown without the need for the adoption of any future amending ordinance.
[Ord. 2020, 5/8/2006]
This Part and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect immediately upon enactment.