Township of Rostraver, PA
Westmoreland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Rostraver as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Departments — See Ch. 21.
Unsafe buildings — See Ch. 80.
[Adopted 9-5-1989 as Part 10, Ch. 1, Art. A, of the 1989 Code]
For the purpose of establishing minimum regulations governing the safeguarding of life and property from the hazards of fire and explosion arising from the storage, handling and use of hazardous substances, materials and devices; and from conditions hazardous to life or property in the use or occupancy of buildings or premises, the Township of Rostraver adopts as its Fire Prevention Code the BOCA National Fire Prevention Code/1987 (Seventh Edition), as published by Building Officials and Code Administrators International, Inc. Copies of that code have been placed on file at the Township Municipal Building and will remain on file there. The whole of that code, except for those portions that are deleted, amended or modified in the following sections of this article, is adopted and incorporated as fully as if set out verbatim in this article, and from the date on which this Code of Ordinances takes effect, the provisions of that Fire Prevention Code, as amended, shall be controlling in the Township of Rostraver in all matters to which that code is made applicable. In this article, the BOCA National Fire Prevention Code may be referred to as "the code" or "this code."
The Fire Prevention Code adopted in § 93-1 is amended and changed in the following respects:
A. 
Whenever the words "name of jurisdiction" appear in brackets in the code, the words "Township of Rostraver" shall be inserted in place of those bracketed words. Likewise, the words "Township of Rostraver" shall be substituted for the word "jurisdiction" where that word appears singly without being preceded by the words "under the."
B. 
The words "Board of Township Commissioners" shall be substituted for the term "chief appointing officer" or "appointing authority of the jurisdiction," wherever either of the latter terms appears in the code.
C. 
The term "Township Solicitor" shall be substituted for the term "legal counsel of the jurisdiction," wherever the latter term appears in the code.
D. 
Wherever the term "Chief of the Bureau of Fire Prevention," "fire official" or "code official" is used in the code, that term shall mean the Chief of Police or Code Enforcement Officer of the Township as specifically designated from time to time by the Board of Commissioners.
E. 
Wherever the term "Fire Prevention Bureau" is used in the code, that term shall mean the Code Enforcement Officer of the Township and, if the Code Enforcement Officer is in charge of any office or bureau of Township government, that office or bureau.
F. 
Section F-100.1 of the code is amended to read as follows:
F-100.1. Title: These regulations shall be known as the "Fire Prevention Code of the Township of Rostraver," hereinafter referred to as "the code" or "this code."
G. 
Section F-101.2 of the code is amended to read as follows:
F-101.2. Validity of other laws, regulations and ordinances: Nothing in this code shall be construed to prevent the enforcement of state laws and regulations and/or ordinances of the Township of Rostraver which prescribe more restrictive or stricter requirements or limitations.
H. 
Section F-102.2 of the code is amended to read as follows:
F-102.2. Inspections of buildings and premises: The Chief of Police or Code Enforcement Officer shall have authority to detail the Chiefs of the Volunteer Fire Departments or companies within the Township the duty to inspect for violations and shall be permitted to name them as inspectors who shall report violations to the Chief of Police or the Code Enforcement Officer for enforcement. It shall be the duty of those inspectors, to the Chief of Police or the Code Enforcement Officer, to inspect all buildings and premises, except the interiors of dwellings and dwelling units, as often as may be necessary for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of the provisions of this code and/or any other ordinance affecting fire hazards. Nothing herein contained shall be intended to supersede or supplant the procedure for removal of fire hazards set forth in the Act of 1927, P.L. 450, No. 291, Section 3, as amended, where that procedure shall be followed by the Pennsylvania State Police or its assistants.
I. 
Section F-102.7 of the code is amended to add the following sentence at the end thereof: "Furthermore, the Board of Commissioners shall have authority, at its discretion, to abrogate any rule or regulation or part thereof, in which case that rule or regulation shall cease to be in effect in the Township."
J. 
Section F-103.1 of the code is amended to read as follows:
F-103.1. Permits required: Permits shall be obtained from the fire official and shall at all times: (a) be kept on the premises designated in the permit; and (b) be available for inspection by the fire official. No permit need be obtained from the Township under this section where a license or permit is required by law or departmental regulation of the Commonwealth of Pennsylvania and where a valid state license or permit is in possession of the person desiring to engage in the precise activity authorized by the state license or permit.
K. 
Section F-103.1.1 of the code is amended to read as follows:
F-103.1.1. Application for permit: Application for a permit required under this code shall be made to the fire official on a form provided by the Township. Applications for permits shall be accompanied by plans or drawings where required by the fire official for evaluation of the application. After investigation and approval by the fire official, he shall issue the permit. Every permit shall be valid for the period of time specified by the fire official, but in no instance for longer than one calendar year or the portion of the calendar year remaining after issuance of the permit.
L. 
Section F-103.6 of the code is amended to read as follows:
F-103.6. Fee: No fee shall be charged or collected for the issuance of any permit under this code.
M. 
Section F-104.2 of the code is amended to read as follows:
F-104.2. Board of Commissioners serves as board of appeals. The Board of Commissioners shall serve as the board of appeals and shall have all authority, shall perform all the duties and may exercise all powers vested in the board of appeals by this code.
N. 
Sections F-104.2.1 through F-104.2.6 of the code are deleted.
O. 
Section F-104.4 of the code is amended to read as follows:
F-104.4. Notice of meeting: The Board of Commissioners, when meeting as a board of appeals, shall give notice of all such meetings in the same manner as required for special meetings of the Board of Commissioners.
P. 
Section F-104.5 of the code is deleted.
Q. 
Section F-104.6 of the code is amended to read as follows:
F-104.6. Actions of the Board: The Board shall confirm, modify or reverse the decision of the fire official by a concurring vote of a majority of the members of the Board present at the meeting.
R. 
The following new section is added to the code, directly after Section F-104.6.2:
F-104.6.3. Determining vote: Failure to secure concurring votes of a majority of the members of the Board present at a meeting shall be deemed a confirmation of the decision of the fire official.
S. 
Section F-105.5.1 of the code is amended to read as follows:
F-105.5.1. Penalties.
(a)
Any person who violates or fails to comply with any provision of this code, or who violates or fails to comply with any order issued under this code, submitted and approved under the terms of this code, or any certificate or permit issued under this code, or any certificate or permit issued under this code, and from which no appeal was taken, or who fails to comply with any such order as affirmed by the Board of Commissioners, or by a court of competent jurisdiction, within the time fixed therein, shall severally be guilty of an offense and a violation of this code, and, upon conviction, shall be sentenced to pay a fine of not less than $100 or not more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to imprisonment for not more than 30 days. The imposition of one penalty for any violation shall not excuse that violation or permit it to continue; and all such persons shall be required to correct or remedy that violation or defect within a reasonable time; and when not otherwise specified, each 10 days that any prohibited condition is 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.
(c)
If, at the expiration of the time limit for correction of the listed violations, satisfactory remedial action has not been taken and no exception has been filed to request consideration of the order by the Board of Commissioners, such further action shall be initiated by the Township as provided for by law, specifically including the power of the Township to cause such remedial action to be commenced and/or completed by the Township, and the costs thereof and expenses incurred therewith, with a penalty of 10%, shall be collected from the owner of the property by action of assumpsit or by lien; provided, however, that the recovery of the costs and expenses, together with the penalty, may be in addition to the penalty imposed as provided for this section.
T. 
Section F-313.1 of the code is amended to read as follows:
Section 313.1. Designations: The Board of Commissioners shall require and designate (or shall delegate to the Chief of Police or the Code Enforcement Officer to require and designate) public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus and for the purpose of providing egress for occupants of buildings in the vicinity. Fire lanes shall have a minimum width of 18 feet (5,486 millimeters).
U. 
The following new section is added directly after Section F-313.2:
F-313.3. Prosecution for illegal parking of vehicles in fire lanes: Prosecution of persons parking illegally in fire lanes shall be in the manner prescribed by the Vehicle Code of Pennsylvania and in Chapter 187 of this Code of Ordinances for parking in locations where parking is prohibited at all times.
A. 
The code shall not supersede any provision of the law of the Commonwealth of Pennsylvania or of any regulation promulgated by any department or agency of the Commonwealth by authority of law, where such law or regulation is in conflict with or identical to a provision of said code; provided, however, that any provision of said code that is stricter than or in addition to any state law or regulation governing a particular subject or activity shall be in effect and shall be enforced within the Township of Rostraver, subject to the penalties prescribed in the code.
B. 
Mention in or regulation by the code adopted by this article of any specific use of property or of any business or industry shall not in itself authorize such use of property or the establishment or carrying on of any such business or industry in the Township. It is hereby declared that the intent of the Board of Commissioners is that permitted and prohibited uses of property in the Township shall be as governed by the Township's Zoning Ordinance, its amendments and supplements.[1]
[1]
Editor's Note: See Ch. 195, Zoning.
[Adopted 9-5-1989 as Part 6, Ch. 1, Art. E, of the 1989 Code]
[Amended 2-23-2000 by Ord. No. 421]
Every hotel or motel, nursing home, rooming house or sleeping room within the Township and every apartment house shall be provided with approved smoke detectors as set out hereafter. Said smoke detectors must meet the requirements of the Fire Underwriters Laboratory Tests UL 167, UL 168 or UL 217, or other nationally recognized testing agency.
[Amended 7-7-2004 by Ord. No. 516]
The units as described in this article shall be provided with a detector of products of combustion other than heat. The same shall be permanently wired to an appropriate circuit for new construction after June 1, 1978. When activated, the smoke detectors must sound an alarm which is audible in the area.
[Amended 7-7-2004 by Ord. No. 516]
Each separate sleeping area of a newly constructed or substantially remodeled housing unit after June 1, 1978, shall be equipped with smoke detectors as provided by this article to protect each separate sleeping area and at the head of each basement stairs. Detectors shall also be installed in all other major areas and rooms of the unit, including any basement.[1]
[1]
Editor's Note: Original Sec. 6-1244, Requirements for existing buildings, which immediately followed this section, was deleted 2-23-2000 by Ord. No. 421.
Smoke detectors shall be located on the ceiling at a minimum of six inches from the wall or on walls at a minimum of six inches from the ceiling.
It shall be the responsibility of the owner of every establishment referred to in § 93-4 to maintain each smoke detector in a reliable condition and to make periodic inspection and tests to ensure that each smoke detector is in proper working condition.
[Amended 2-23-2000 by Ord. No. 421]
All smoke detection equipment installed pursuant to this article shall be of a type approved by the Fire Underwriters or other nationally recognized testing agency.
Any person who violates any provision of this article shall for every such violation, upon conviction, be sentenced to pay a fine of not less than $100 or more than $1,000 and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days.