[HISTORY: Adopted by the Borough Council
of the Borough of Honesdale as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-10-1977 by Ord. No. 437; amended in its entirety 12-8-1997 by Ord. No. 564]
This article 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 article.
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.
B.
Deletions.
(1)
The following chapters and sections and appendix are
hereby deleted in their entirety:
(b)
Section F-402.0, Open Flame or Light.
(c)
Section F-403.0, Open Burning.
(d)
Section F-404.0, Torches for Removing Paint.
(f)
Chapter 13, Application of Flammable Finishes.
(g)
Chapter 16, Lumber Yards and Woodworking Plants.
(h)
Chapter 20, Tents and Air-Supported Structures.
(i)
Chapter 22, Welding or Cutting, Calcium Carbide
and Acetylene Generators.
(j)
Chapter 26, Combustible Fibers.
(k)
Chapter 27, Compressed Gases.
(l)
Appendix A, Recommended Ordinance.
(2)
All portions of sections and subsections having reference
to administration or enforcement are deleted.
C.
Revisions.
(1)
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."
(2)
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."
(3)
(4)
Throughout the code, references to "code official"
shall be interpreted as the Code Enforcement Official.
A.
Nothing in this article 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 article.
B.
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.
[Adopted 1-4-2021 by Ord. No. 701]
A.
The purpose of this article is to protect and promote health, safety,
and welfare of the residents of the Borough and particularly commercial
businesses.
B.
An ordinance is necessary to require certain commercial and certain
residential buildings to install Knox-Boxes®.
C.
The benefits of installing Knox-Boxes® include providing immediate emergency access to firefighters, leading
to increasing Fire Department efficiency; preventing costly forced
entry damage and allowing undamaged doors to be secured after the
emergency; and protecting property, inventory, equipment and supplies
as well as firefighters against possible injury.
As used in this article, the following terms shall have the
meanings indicated:
An individual employed by the Borough to oversee and enforce
Borough building codes, ordinances, and property maintenance.
Include, and are not limited to, office buildings, industrial
property, medical centers, hotels, motels, malls, retail stores, civic
buildings, and warehouses.
An appointed/elected head and or deputy head of the Fire
Department as voted or appointed by the Department membership.
A rapid entry system of secure lock boxes allowing fire personnel
the ability to quickly enter a building, minimizing the chance damage
to the property or personnel. The Knox-Box® brand of system is currently installed in Honesdale fire apparatus,
and no other brand of system is compatible.
Residential properties containing four or more units shall
be considered as commercial property for the intent of this article.
A.
Knox-Box® required for new commercial
buildings. All new commercial buildings shall have installed a Knox-Box®, of an Underwriters' Laboratories (UL) type
and size approved by the Borough Fire Chief, in a location specified
by the Borough Code Enforcement Office, prior to the issuance of the
permit to occupy.
B.
Knox-Box® required for existing commercial
buildings with improvements. All existing commercial buildings constructing
improvements that require Planning Board approval shall have installed
a Knox-Box®, of an Underwriters'
Laboratories (UL) type and size approved by the Borough Fire Chief,
in a location specified by the Borough Code Enforcement Office, prior
to the issuance of the construction permit.
C.
Knox-Box® required for existing commercial
buildings. All existing commercial buildings equipped with automatic
fire-detection and/or -suppression systems shall have installed a
Knox-Box®, of a UL type and size approved
by the Borough Fire Chief, in a location specified by the Borough
Fire Chief, or other Borough designee, in a timely basis following
enactment of this article. A property owner shall also register with
the Borough the names, addresses and contact numbers of authorized
key holders to the property.
D.
Knox-Box® required for multifamily
residential structures. All multifamily residential structures of
four or more units that have restricted access through locked doors
and have a common corridor for access to the living units shall have
installed a Knox-Box®, of a UL type
and size approved by the Borough Fire Chief, in a location specified
by the Borough Code Enforcement Office, within six months of the effective
date of this article.
E.
Knox-Box® contents. All Knox-Boxes® shall contain labeled keys, easily identified
in the field, to provide access into the property and/or building
and to any locked areas within the said building, as the Borough Fire
Chief may direct.
F.
Locked gates or driveways. Any locked gates or driveways which allow
access to a commercial business are required to place a Fire Department
access lock on the said access point to allow immediate emergency
access to the commercial property. All locks are to be approved by
the Borough Fire Chief.
G.
Violations. Any building owner that violates any part of this article
shall be subject to a fine not to exceed $500 and/or revocation of
the certificate of use and/or occupancy relative to the subject premises.
All new commercial, industrial storage facilities and apartment
buildings with four or more dwelling units shall be required to install
a Knox-Box® rapid entry system with
a tamper switch. Said regulations are as follows:
A.
The Knox-Box® shall be located at
or near the recognized public entrance of the structure, the specific
location to be determined by the Fire Chief or the Code Enforcement
Officer.
B.
The specific model of the Knox-Box® which is selected by the property owner must have a tamper switch,
and the model must be approved by the Fire Chief or Borough Code Enforcement
Officer.
C.
The Knox-Box® is not required to be
connected to an automatic fire alarm.
D.
A use and occupancy permit will not be issued until the Knox-Box® has been inspected by the Code Enforcement Officer.
All existing commercial, industrial, storage facilities and
apartment buildings with four or more dwelling units shall be required
to install a Knox-Box® rapid entry
system with a tamper switch, or register the name, address and contact
numbers of authorized key holders to the property with the Borough
Fire Chief and Borough Zoning Office. Said regulations are as follows:
A.
The Knox-Box® shall be located at
or near the recognized public entrance of the structure, the specific
location to be determined by the Fire Chief or the Fire Chief's
or the Borough's designee.
B.
The specific model of the Knox-Box®, which is selected by the property owner, must have a tamper switch,
and the model must be approved by the Fire Chief.
C.
The Knox-Box® is not required to be
connected to an automatic fire alarm.
D.
A use and occupancy permit will not be renewed until the Knox-Box® has been inspected by the Code Enforcement Officer.
E.
Owners of existing structures must comply with this section within
12 months of its adoption or face possible violations.
It is the duty and responsibility of the Fire Chief and the
Borough Secretary to maintain all records and forms pertaining to
the Knox-Box® rapid entry systems.
A.
The Fire Chief shall hold a Knox-Box® key. The Knox-Box® keys shall be
turned over to acting personnel only if the Fire Chief is unavailable.
B.
The Honesdale Fire Company shall hold a key in each apparatus that
is equipped with a Knox-Box® lockbox.
The Fire Chief will be notified as to which apparatus contains the
keys. If, for any reason, the apparatus is out of service, the keys
shall be placed on another available apparatus. If there is no available
apparatus, the keys will be returned to the Fire Chief.
C.
The Fire Chief shall be responsible for the placement of the keys
on the apparatus.
The Honesdale Borough Fire Chief shall place all building keys
within the Knox-Box®. The Fire Chief
shall follow the regulations as outlined by the Knox-Box® manufacturer when ordering keys and boxes. In
the Fire Chief's absence, the Deputy Fire Chief shall perform
these duties.
A.
No member or police officer, other than the Fire Chief and designated
officers deemed by the Fire Chief, may gain entry to a Knox-Box® unless there is an alarm activation or other
emergency to the life and/or safety of the building occupants.
B.
Upon activation of an alarm which is connected to a Knox-Box®, the Fire Chief or any other line officer of
the Fire Company shall enter the box to secure a key for entry into
the building. When all Fire Company activity is complete at the designated
location, it shall be the responsibility of the Fire Chief or, in
their absence, the officer in charge, to ensure that the keys to the
building have been placed in the box and the box is secure.
C.
No member or officer of the Fire Company, including the Fire Chief,
may access a Knox-Box® to allow a building
owner or a company representative, contractor or any other person,
including any Borough official or employee, access to the structure.
D.
No member or officer of the Fire Company and no other Borough official
or employee shall duplicate any access key to a Knox-Box®.
The box shall contain the following:
A.
Keys. Keys shall be labeled so as to be easily identified in the
field. The following keys shall be included:
(1)
The main entrance door.
(2)
Alarm room (if one exists).
(3)
Mechanical rooms and sprinkler control rooms (if one exists).
(4)
Fire alarm control panel (if one exists).
(5)
Electrical rooms (if one exists).
(6)
Special keys to reset pull-stations or other fire protection devices.
(7)
Elevator keys, if required.
(8)
All other rooms as directed by the Fire Chief.
B.
A current list of key facility personnel knowledgeable about safety
procedures of materials on-site, complete with telephone numbers of
such personnel in the event of an incident after normal hours of operation.
Methods of opening gates or areas for emergency access must
be one of the following:
The following types of properties are exempt from this article:
A.
Although not encouraged, the owner of a premises required to install
a Knox-Box® under § 109-12 may elect an exemption under the terms of this article by signing a waiver/release/hold harmless form adopted by the Borough. In that event, the subject property shall be exempt from installing a Knock Box.
B.
In the event an owner elects an exemption as provided for herein,
the emergency services unit responding to an emergency at an "exemption"
premises shall employ any and all necessary force to gain access to
the subject premises. It is also understood by execution of an exemption
that emergency services responding to the subject premises may be
delayed in providing emergency services necessitated by their presence.
C.
Execution of the waiver/release/hold harmless form and the general
exemption provided for herein shall constitute a full and complete
waiver of any claims, actions, suits, or similar demands of Honesdale
Borough, the Honesdale Fire Department, any ambulance service or any
other emergency service provider.
D.
Execution of the waiver/release/hold harmless form and the general
exemption provided for herein shall constitute a full and complete
assumption of any and all risk or risks associated with the property
owner's request for exemption under the rapid entry provisions
contemplated hereunder.
Any ordinance or part(s) thereof inconsistent herewith are hereby
repealed.
Should any section, subsection, clause, provision or other portion
of this article be declared invalid by any court of competent jurisdiction,
such decision shall not affect the validity of the remainder of this
article, the Borough Council of Honesdale Borough having adopted this
article as if such invalid portions had not been included therein.
This article shall become effective five days after the adoption
thereof.
