[Adopted 8-14-1967 by Ord. No. 463 (Ch. 5, Part 3, of the
1995 Code)]
[Amended 5-13-1974 by Ord. No. 523]
There is hereby adopted by the Council of the Borough of Zelienople, Pennsylvania, 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 1970 edition thereof, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended (by § 115-19 of this article), of which code not less than three copies have been and now are in the office of the Borough of Zelienople, and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the Borough of Zelienople.
A.
The Fire Prevention Code shall be enforced under the supervision
of the Chief of the Fire Department of the Borough of Zelienople.
B.
The Chief of the Fire Department of the Borough of Zelienople shall
be in charge of fire prevention. His appointment shall continue during
good behavior and satisfactory service, and he shall not be removed
from office except for cause after public trial.
C.
A report on fire prevention activities shall be made annually and
transmitted to the chief executive officer and the Borough Council;
it shall contain all proceedings under this code, with such statistics
as the Chief of the Fire Department may wish to include therein; the
Chief of the Fire Department shall also recommend any amendments to
the code which, in his judgment, shall be desirable.
[Amended 5-13-1974 by Ord. No. 523]
A.
The storage of Class I liquids in aboveground tanks in amounts over
500 gallons is prohibited within the Borough of Zelienople except
in areas zoned for heavy industrial use if authorized by special permit
issued by the Borough Fire Chief.
B.
New bulk plants for flammable or combustible liquids (referred to
in § 16.61 of the Fire Prevention Code) are prohibited within
the Borough limits of the Borough of Zelienople.
[Amended 5-13-1974 by Ord. No. 523]
Bulk storage of liquefied petroleum gases (referred to in § 21.6
of the Fire Prevention Code) is prohibited within the Borough limits.
[Amended 5-13-1974 by Ord. No. 523; 4-20-1990 by Ord. No. 647]
The Fire Prevention Code is amended and changed in the following
respects:
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A.
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Article 13 is deleted, as the handling of fireworks is governed
by the provisions of the laws of the State of Pennsylvania, 1939 May
15, P.L. 134, 35 P.S. § 1271 et seq.
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B.
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Article 28, § 28.1-b, "Location Restricted" is deleted,
and in lieu thereof, the following amendment is enacted:
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b.
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Location and Time Restricted. No person shall kindle or maintain
any fire upon any street or public alley in the Borough. No person
shall kindle or maintain any bonfire or rubbish fire or authorize
any such fire to be maintained on any private land unless:
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(1)
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The location is not less than 30 feet from any structure and
adequate provision is made to prevent fire from spreading to within
30 feet of any structure; or
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(2)
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The fire is contained in an approved waste burner located safely
not less than 10 feet from any structure.
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Provided further: Outdoor fires may only be kindled on Saturdays
after sunrise and every such fire shall be extinguished so as to prohibit
any further smoking or smoldering prior to sunset.
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The Chief of the Fire Department 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 Chief of the Fire Department thereon shall be entered upon
the records of the Department, and a signed copy shall be furnished
the applicant.
Whenever the Chief of the Fire Department shall approve 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 Chief of the Fire
Department to the Zelienople Code Management and Appeals Board within
30 days from the date of the decision appealed.
The committee of Borough Council in charge of public safety
and the Chief of the Fire Department 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 Chief of the
Fire Department shall post such list in a conspicuous place in his
office and distribute copies thereof to interested persons.
[Amended 12-11-1995 by Ord. No. 715]
A.
Any person who shall violate any of the provisions of this article
or 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 or approved
thereunder or any certificates or permits issued thereunder, and from
which no appeal has been taken, or who shall fail to comply with such
orders as affirmed or modified by the Chief of the Fire Department
or by a court of competent jurisdiction, within the time fixed herein,
severally, for each and every such violation and noncompliance, respectively,
upon conviction thereof, shall be sentenced to a fine of not more
than $1,000 plus costs and, in default of payment of said fine and
costs, to a term of imprisonment not to exceed 30 days. The imposition
of 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.
