[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park 9-15-1969 by Ord. No. 866, approved 9-15-1969. Amendments
noted where applicable.]
[Amended 4-4-1977 by Ord. No. 948, approved 4-4-1977; 8-11-1981 by Ord. No.
1004, approved 8-11-1981]
There is hereby adopted by the Borough of Prospect
Park, 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 Prevention Code," recommended by
the American Insurance Association, successor to the National Board
of Fire Underwriters, being particularly the 1976 Edition thereof,
as amended, and the whole thereof, of which code three copies have
been and are now filed in the Office of the Borough Secretary of the
Borough of Prospect Park, 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 Prospect Park.
A.
The Fire Prevention Code shall be enforced by the
Bureau of Fire Prevention in the Fire Department of the Borough of
Prospect Park, which is hereby established and which shall be operated
under the supervision of the Chief of the Prospect Park Fire Department.
B.
The Fire Marshal of the Borough of Prospect Park shall
be in charge of the Bureau of Fire Prevention. The Fire Marshal shall
be appointed, upon recommendation by the Fire Chief, by the Borough
Council for a term of one year.
[Amended 4-4-1977 by Ord. No. 948, approved 4-4-1977]
C.
The Chief of the Prospect Park Fire Department may
detail members of the Fire Department as inspectors, assistants or
deputies, such as shall from time to time be necessary. The Chief
of the Prospect Park Fire Department shall recommend to the Borough
Council the employment of technical inspectors, if and when it is
deemed advisable.
D.
A report of the Bureau of Fire Prevention shall be
made annually and transmitted to the Borough Council of the Borough
of Prospect Park; it shall contain all proceedings under this chapter,
with such statistics as the Chief of Prospect Park Fire Department
may wish to include therein. The Chief of the Prospect Park Fire Department
shall also recommend any amendments to the chapter which, in his judgment,
shall be advisable.
E.
Borough Council may fix compensation for the Chief,
inspectors, assistants or deputies of the Bureau of Fire Prevention
as it shall determine.
As used in this chapter and the code adopted
hereby, the following terms shall have the meanings indicated:
The Solicitor for the Borough of Prospect Park.
The Borough of Prospect Park.
A.
The limits referred to in Section 16.22a of the Fire
Prevention Code, in which storage of flammable liquids in outside
aboveground tanks is prohibited, are hereby established as follows:
Not within the limits of the Borough of Prospect Park.
B.
The limits referred to in Section 16.61 of the Fire
Prevention Code, in which new bulk plants for flammable liquids are
prohibited, are hereby established as follows: Not within the limits
of the Borough of Prospect Park.
[Amended 4-4-1977 by Ord. No. 948, approved 4-4-1977]
The limits referred to in Section 21.6a of the
Fire Prevention Code, in which bulk storage of liquefied petroleum
gas is restricted, are hereby established as follows: Not within the
limits of the Borough of Prospect Park.
[Amended 4-4-1977 by Ord. No. 948, approved 4-4-1977]
The limits referred to in Section 12.5b of the
Fire Prevention Code, in which storage of explosives and blasting
agents is prohibited, are hereby established as follows: Not within
the limits of the Borough of Prospect Park.
The Chief of the Prospect Park 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 Prospect Park 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 Prospect Park Fire
Department shall disapprove 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 Prospect Park Fire Department
to the Borough Council within 30 days from the date of the decision
appealed.
The Borough Council of Prospect Park and the
Chief of the Prospect Park 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 Prospect Park Fire Department shall post such list
in a conspicuous place in his office and distribute copies thereof
to interested persons.
[Added 11-13-2001 by Ord. No. 1225,
approved 11-13-2001[1]]
No person, partnership or corporation shall
permit or shall burn, or cause to have burned or permit to have burned,
any recyclable materials, including leaf and yard waste within the
Borough of Prospect Park. The requirements of this section shall not,
however, apply to the open burning operations resulting from any fire
solely for recreational or ceremonial purposes or for cooking food.
A.
Permitted devices. Recreational fires are permitted in an outdoor
fire pit within the Borough of Prospect Park.
B.
Definition. An "outdoor fire pit" for purposes of this section shall
be defined as freestanding fireplaces or portable devices intended
to contain and control outdoor fires including fireplaces, chimnea,
and fire pits, constructed of noncombustible materials such as steel,
brick or masonry. An outdoor fire pit does not include charcoal or
gas-powered grills that are intended to be used for cooking purposes.
C.
Screening. Outdoor fire pits shall employ screens and a lid to completely
enclose the fire and burning logs contained therein; or a chimney.
D.
Location. Recreational fires shall not take place within 15 feet
of any structure, tree, canopy, vehicle, building or combustible material
nor within 10 feet of any property line. No recreational fires are
permitted on any street, sidewalk or parking lot within the Borough
unless for religious worship or ceremonial event. Recreational fires
are only permitted in the rear of any property, behind the rear building
line. An outdoor fire pit may only be placed on a noncombustible surface
and may not be placed under any roofing, awning or similar overhead
covering.
E.
Restrictions.
(1)
No recreational fire shall have a flame in excess of three feet.
(2)
An extinguisher source must be readily available and close by while
any recreational fire is burning.
(3)
A responsible adult, age 18 or over, must be present while any recreational
fire is burning.
(4)
Any recreational fire must comply with § 80-10 above (Open burning of recyclable materials banned) and in addition there shall be no burning of tree branches, leaves, decayed or fallen trees, yard trimmings, paper and other rubbish, garbage or noxious vegetation. Burning of lumber, pallets, scrap wood, tree trimmings, cardboard and other similar materials is further prohibited.
(5)
No dangerous, hazardous or otherwise objectionable condition shall
be created by such recreational fire.
(6)
No fuel such as gasoline, alcohol, diesel fuel, kerosene or similar
flammable liquid may be burned or used to light or relate any fire.
(7)
No outdoor fire pit shall be permitted to emit offensive or objectionable
smoke or odors. No outdoor fire pit shall be used when other circumstances
make use thereof hazardous or likely to cause bodily injury or property
damage.
(8)
An outdoor fire pit shall be used in strict conformity with all manufacturer's
guidelines and specifications issued with respect to the make and
model of the outdoor fire pit.
(9)
Once a recreational fire has been started in an outdoor fire pit,
any lid and/or side screens shall not be removed until the fire is
extinguished and no object shall be permitted to protrude outside
the lid and screens while any fire is burning within the outdoor fire
pit, provided that recreational fires utilized to cook food shall
be exempt from said requirement during that period when food is being
cooked over the flame.
F.
Permitted hours. No recreational fire shall be permitted to be maintained
between the hours of 12:00 midnight and 9:00 a.m. unless permitted
and approved by the Fire Marshall.
G.
Enforcement and control. The Fire Marshal, any Assistant Fire Marshal,
the Prospect Park Fire Department, Police Department and any Code
Enforcement Officer shall have the authority to require that any recreational
fire be extinguished immediately if such usage is in violation of
any provision of this chapter, if such recreational fire violates
any other law, or if such recreational fire is determined to be a
nuisance.
A.
Any person who shall violate any provisions of this
chapter shall, upon conviction thereof, be punishable by a fine of
not more than $300 and costs of such proceedings or, upon default
of payment of such fines and costs, by imprisonment in the county
jail for a term of not more than 30 days. The continuation of such
violation for each successive day shall constitute a separate offense,
and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
[Amended 4-4-1977 by Ord. No. 948, approved 4-4-1977]
B.
The application of the above penalty shall not be
held to prevent the enforced removal of prohibited conditions.
