[HISTORY: Adopted by the Borough Council of the Borough of
Eddystone 8-9-1993 by Ord. No. 557, approved 8-9-1993. Amendments noted where applicable.]
There is hereby adopted by the Council of the Borough of Eddystone
for the purpose of prescribing regulations governing conditions hazardous
to life and property from fire or explosion that certain code known
as the "National Fire Code" of the National Fire Protection Association
and all yearly supplements thereto, save and except such portions
as are hereinafter deleted, modified or amended, of which code one
copy shall be filed in the office of the Secretary of the Borough
of Eddystone, and 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 controlling
within the limits of the Borough of Eddystone.
The code hereby adopted shall be enforced by the Borough Council
of the Borough of Eddystone or any person that said Borough Council
shall designate.
The Borough Council of the Borough of Eddystone shall have the
power to modify any of the provisions of the code hereby adopted upon
application, in writing, by the owner or leasee of a particular premises
or by their authorized agent, when there are practical difficulties
in the way of carrying out the strict letter of the code aforementioned,
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 Borough Council of
the Borough of Eddystone thereon shall be entered upon the records
of the Borough of Eddystone and a signed copy shall be furnished the
applicant.
The limits referred to in Section 74A of the code hereby adopted,
in which storage of flammable liquids in outside, aboveground storage
tanks is prohibited without permit, and the limits referred to in
Section 114 of the code hereby adopted, in which bulk storage of liquefied
petroleum gas is restricted, are hereby established by the Borough
of Eddystone.
A.
It shall be the duty of the person designated by the Borough Council
of the Borough of Eddystone to enforce this chapter, and to enforce
any other such ordinances covering the following:
(1)
The prevention of fires.
(2)
The storage and use of explosives and flammables.
(3)
The installation and maintenance of automatic fire alarm systems
and fire extinguishing equipment.
(4)
The maintenance and regulation of fire escapes.
(5)
The means and adequacy of exit, in case of fire, from factories,
schools, hotels, lodging houses, asylums, hospitals, churches, halls,
theaters, amphitheaters and all other places in which numbers of persons
work, live or congregate, from time to time, for any purpose.
(6)
The investigation of the cause, origin and circumstances of fires.
(7)
The maintenance of fire cause and loss records.
B.
He/she, she or they shall have other such powers and perform such
other duties as are set forth in other sections of this chapter and
as may be conferred and imposed from time to time by ordinance, enactment,
regulation, statute or law.
It shall be the duty of the Borough Council of the Borough of
Eddystone or the person that said Borough Council shall designate
to investigate and to recommend to said Borough Council such additional
ordinances, or amendments to existing ordinances, as he/she, she or
they may deem necessary for safeguarding life and property against
fire.
It shall be the duty of the Borough Council of the Borough of
Eddystone or the person that said Borough Council shall designate
to investigate the cause, origin and circumstances of every fire occurring
in the Borough of Eddystone by which property has been destroyed or
damaged and, so far as possible, shall determine whether the fire
is the result of carelessness or design. Such investigations shall
begin, as reasonably practicable, after the occurrence of such a fire.
The person designated by said Borough Council or the Police Department
of the Borough of Eddystone shall take charge immediately of the physical
evidence, shall notify the proper authorities designated by law to
pursue the investigation of such matters and shall further cooperate
with the authorities in the collection of evidence and the prosecution
of the case. Every fire shall be reported, in writing, to the Borough
Council within 30 days after the occurrence of the same by the person
designated by said Borough Council under this chapter. Such report
shall contain a statement of facts relating to the cause, origin and
circumstances of such fire, the extent of damage thereof and the insurance
upon such property, and such other information as may be required,
including the injury, death or rescue of persons.
A.
The person designated by the Borough Council under this chapter shall
inspect or cause to be inspected on a periodic basis and shall make
such orders as may be necessary for the enforcement of the laws and
ordinances governing the same and for safeguarding of life and property
from fire.
B.
The person designated by the Borough Council under this chapter may,
at all reasonable hours and not less than once yearly, enter any public
building or any private building used for any business, commercial
or industrial purpose and any apartment or converted home with two
or more apartments for the purpose of making any inspection or investigation
which he/she, she or they may deem necessary for the prevention of
fire and to secure the safety of persons from fire.
There shall be a fee of $25 paid by the owner of the subject premises, payable to the Borough of Eddystone, for the performance of the inspection service provided in § 143-8 above.
A.
Wherever the person designated by Borough Council under this chapter
shall find, in any building or upon any premises or other places,
combustible or explosive matter or dangerous accumulations of rubbish
or unnecessary accumulations of wastepaper, boxes, shavings or any
highly flammable materials especially liable to fire, and which is
so situated as to endanger property; or shall find obstruction to
or repairs needed for or lack of fire escapes, stairs, passageways,
doors or windows, leaving the same liable to interfere with the operations
of fire-fighting crews or egress of occupants in the event of a fire,
he/she, she or they shall order the same to be removed, remedied or
repaired, and such order shall forthwith be complied with by the owner
or occupant of such premises or buildings.
B.
Any owner or occupant failing to comply with such order within the
time specified on a notice of violation, but not more than 30 days
after the service of said order, shall be liable for the penalties
hereinafter provided.
C.
The service of any such order may be made upon the occupant of the
premises to whom it is directed either by delivering a copy of the
same to such occupant personally or by delivering the same to and
leaving with any person in charge of the premises, or in case no such
person is found upon the premises, by affixing a copy thereof in a
conspicuous place on the door to the entrance of said premises. Whenever
it may be necessary to serve such an order upon the owner of a premises,
such order may be served either by delivering to and leaving with
said person a copy of said order or, if such owner is absent from
the jurisdiction of the officer making the order, by mailing such
copy by certified mail to the owner's last known post office
address.
The person designated by Borough Council under this chapter
shall keep records of all inspections and fires and of all facts concerning
the same.
If, in the opinion of the person designated by Borough Council
under this chapter, an immediate fire hazard or condition dangerous
to human life or property exists, the person designated by Borough
Council under this chapter is empowered to order an immediate evacuation
of the premises and to secure the premises until such hazard or condition
has been corrected.
The provisions of this chapter shall apply equally to both public
and private property and shall apply to all structures and their occupancies.
All annexes and appendixes of the National Fire Code of the
National Fire Protection Association presently in effect or hereinafter
enacted are made a part of this chapter.
A.
Permits shall be required by any person, corporation, firm, association,
company or other like entity, whether for profit or not for profit,
to have, keep, store, lease, manufacture, sell or handle flammable,
explosive, combustible, hazardous or other materials dangerous to
human life or property.
B.
A permit shall constitute permission to establish, maintain, store,
handle, use, manufacture, sell, have or keep flammable, explosive,
combustible, hazardous or other materials dangerous to human life
or property. The permit shall be specific as to location, conditions
and the materials covered. The permit shall not be transferable, and
any change in the use or occupancy of the premises shall require a
new permit. The permit may be issued for a set time period with the
power to revoke the permit at any time during said time period for
a failure to comply with the regulations under this chapter and/or
the directions of the person designated by the Borough Council under
this chapter.
Before permits may be issued as required by this chapter, the
person designated by Borough Council under this chapter shall inspect
and approve the receptacles, processes, vehicles, buildings or storage
places to be used for any such purposes.
All permits required under this chapter shall be on a form obtained
from the person designated by Borough Council under this chapter and
shall be obtained by the permittee upon payment of a fee as hereinafter
established by the Borough of Eddystone. A record of all permits issued
shall be kept by the person designated by Borough Council under this
chapter, and copies of the same shall be filed with the Borough Secretary
and the Borough Emergency Management Coordinator at the end of March,
June, September and December of each year.
A permit shall not be issued until the designated fees have
been paid to the Borough of Eddystone in accordance with the following
fee schedule:
|
Type of Permit
|
Permit Fee
| |
|---|---|---|
|
Storage in excess of 2,500 cubic feet of combustibles
|
$50 annually
| |
|
Installation or extension of fire alarm, detection or suppression
system
|
$25 per $1,000 of cost or fraction thereof for the first $50,000,
plus $12 per $1,000 of cost or fraction thereof for the additional
cost above $50,000
| |
|
Fire suppression for cooking operations
|
$25 per $1,000 of cost or fraction thereof for the first $50,000,
plus $12 per $1,000 of cost or fraction thereof for the additional
cost above $50,000
| |
|
Airports, helioports heliostops
|
$500 annually
| |
|
Application of flammable finishes
|
$50 annually
| |
|
Lumberyard and woodworking operation
|
$50 annually
| |
|
Industrial processing ovens and furnaces operation
|
$50 annually
| |
|
Place of assembly
| ||
|
50 to 300 persons total occupant load
|
$50 annually
| |
|
301 to 1,000 persons total occupant load
|
$75 annually
| |
|
Over 1,000 persons total occupant load
|
$150 annually
| |
|
Motor vehicle service stations and garage operation
|
$25 annually
| |
|
Tents and air-supported structures in excess of 120 square feet
|
$25 annually
| |
|
Welding and cutting operations, and calcium carbide acetylene
generators operations
|
$25 annually
| |
|
Cellulose nitrate (pyroxylin) plastic storage and handling in
excess of 20 pounds
|
$50 annually
| |
|
Combustible fibers, storage and handling of fibers in excess
of 100 cubic feet
|
$50 annually
| |
|
Compressed gases: storage and handling in excess of 2,000 cubic
feet of flammable compressed gas or 6,000 cubic feet of nonflammable
compressed gas
|
$50 annually aggregate if stored in like manner and fashion
| |
|
Cryogenic liquids: production, storage or sales in quantities
greater than 500 gallons or storage or use of more than 10 gallons
of liquid oxygen, flammable cryogenic liquids or cryogenic oxidizers
|
$50 annually aggregate if stored in like manner and fashion
| |
|
Explosives, ammunitions and blasting agents
|
$100 each activity
| |
|
Fireworks: display, sale or discharge
|
$50 per day, per event
| |
|
Flammable and combustible liquids
| ||
|
To install, remove, repair or alter a stationary tank for the
storage of flammable or combustible liquids, or to modify or replace
any line or dispensing device connected thereto
|
$25 per tank, per job
| |
|
For the storage, handling and use of Class I liquids in excess
of 5 gallons in a dwelling or other place of human habitation or in
excess of 10 gallons in any other building or other occupancy or in
excess of 60 gallons outside of any building
|
$25 annually per tank and $25 annually for portable or movable
containers or drums aggregate
| |
|
For the storage, handling and use of Class II combustible liquids
or Class III combustible liquids in excess of 60 gallons outside of
a building, except for fuel oil used in connection with oil-burning
equipment in a single-family residential building
|
$25 annually per tank and $25 annually for portable or movable
containers or drums aggregate
| |
|
For the manufacture, processing, blending or refining of flammable
or combustible liquids
|
$100 annually
| |
|
For the storage of flammable or combustible liquids in excess
of 60 gallons in stationary tanks, above or below ground, and 60 gallons
aggregate for portable or movable containers or drums
|
$25 annually per stationary tank and $25 annually for portable
or movable containers or drums aggregate
| |
|
For the placing of any flammable or combustible liquids in a
stationary tank, temporarily or permanently out of service and to
place said tank back into service
|
$25 per tank
| |
|
Hazardous materials and chemicals, storage and handling
|
$50 per year, per activity
| |
|
Hazardous materials which contain any type of radioactive substance
of any nature which will be moved, stored, handled and/or transported
|
$100 per activity/ per shipment/per day
| |
|
For the storage of liquefied petroleum gases in stationary tanks
|
$25 per year
| |
|
Liquefied petroleum gases, to install, remove, repair or alter
a stationary tank, or to modify or replace any line or dispensing
device connected thereto
|
$25 per $1,000 of cost or fraction thereof for the first $50,000,
plus $12 per $1,000 of cost or fraction thereof for the additional
costs above $50,000
| |
|
Magnesium, working with in excess of 10 pounds per working day
|
$50 annually
| |
|
Matches manufacture or storage of matches in excess of 25 cases
|
$25 annually
| |
|
Organic coatings manufacture
|
$50 annually
| |
The recognized standards and practices for the prevention of
fire, for all inspections and for the issuance of permits hereunder,
shall be held to mean the standard practices and requirements set
forth by the National Fire Code as promulgated by the National Fire
Protection Association.
The owner, occupant or person in charge of or managing any building
or premises covered by this chapter shall forthwith, after notice
by the person designated by Borough Council under this chapter so
to do, correct any condition in such building or premises so that
the premises, building, processes or materials shall be in such condition
as to comply with the recognized standards and practices set forth
hereunder for the prevention of fire or other catastrophe.
A.
Violation. The failure or neglect of any person designated by this
chapter to be responsible hereunder to comply with any order or directive
issued by the person designated by Borough Council under this chapter,
within the time period specified and pursuant to the provisions of
this chapter, shall be deemed to be a violation of this chapter.
B.
Penalties. Any person, firm, corporation, association, company or
like entity, whether for profit or not for profit, who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and/or to imprisonment for a
term not to exceed 90 days. Every day that a violation of any provision
of this chapter continues shall constitute a separate offense.
