[HISTORY: Adopted by the Borough Council of the Borough of
Ligonier 6-6-1974 by Ord. No. 349. Amendments noted where applicable.]
[Amended 8-10-1978 by Res. No. 118; 1-12-1989 by Ord. No. 438]
There is hereby adopted by the Borough of Ligonier for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as the "BOCA National Fire Prevention Code," being particularly the 1987 Edition thereof, as amended, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended by § 84-9 of this chapter, of which code not less than three copies have been and now are filed in the office of the Secretary of the Borough of Ligonier, and the same is 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 Ligonier.
A.
The Fire Prevention Code shall be enforced by the Bureau of Fire
Prevention in the Fire Department of the Borough of Ligonier, which
is hereby established and which shall be operated under the supervision
of the Chief of the Fire Department.
B.
The Chief in charge of the Bureau of Fire Prevention shall be appointed
by the Ligonier Borough Council on the basis of examination to determine
his qualifications. His appointment shall continue during good behavior
and satisfactory service, and he shall not be removed from office
except for cause after public hearing.
[Amended 1-12-1989 by Ord. No. 438]
C.
The Chief of the Fire Department may detail such members of the Fire
Department as inspectors as shall from time to time be necessary.
If necessary, the Chief of the Fire Department shall recommend to
the Borough of Ligonier the employment of technical inspectors, who,
when such authorization is made, shall be selected through an examination
to determine their fitness for the position. The examination shall
be open to members and nonmembers of the Fire Department, and appointments
made after examination shall be for an indefinite term with removal
only for cause.
D.
A report of the Bureau of Fire Prevention shall be made annually
and transmitted to the chief executive officer of the municipality;
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.
As used in this chapter and the Fire Prevention Code, the following
terms shall have the meanings indicated:
The attorney for the Borough of Ligonier.
The Borough of Ligonier.
[Amended 1-12-1989 by Ord. No. 438]
The limits referred to in Section F-2601.2 of the Fire Prevention
Code, in which storage of explosives and blasting agents is prohibited,
are hereby established as follows: anywhere within the limits of the
Borough of Ligonier.
[Amended 1-12-1989 by Ord. No. 438]
A.
The limits in which storage of flammable liquids in outside aboveground
tanks is prohibited are hereby established as follows: anywhere within
the limits of the Borough of Ligonier.
B.
The limits in which new bulk plants for flammable or combustible
liquids are prohibited are hereby established as follows: anywhere
within the limits of the Borough of Ligonier.
[Amended 1-12-1989 by Ord. No. 438]
The limits in which bulk storage of liquefied petroleum gas
is restricted are hereby established as follows: anywhere within the
limits of the Borough of Ligonier.
[Amended 1-12-1989 by Ord. No. 438]
Pursuant to Section F-2603.9.1 of the Fire Prevention Code,
the routes established for vehicles transporting explosives and blasting
agents are hereby established as follows: Route 30 bypass or Market
Street only.
[Amended 1-12-1989 by Ord. No. 438]
In addition to the requirements of Article 29 of the Fire Prevention
Code, the routes for vehicles transporting hazardous chemicals and
other dangerous articles are hereby established as follows: Route
30 bypass or Market Street only.
The Chief of the Bureau of Fire Prevention 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 Bureau of Fire Prevention thereon shall
be entered upon the records of the Department, and a signed copy shall
be furnished the applicant.
Whenever the Chief of the Bureau of Fire Prevention 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 Bureau of Fire Prevention to the Ligonier Borough Council within
30 days from the date of the decision appealed.
The Mayor of Ligonier, the Chief of the Fire Department and
the Chief of the Bureau of Fire Prevention 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 Bureau of Fire Prevention shall post such list in
a conspicuous place in his office and distribute copies thereof to
interested persons.
Permits shall be issued by the Land Use Administrator upon authorization
of the Chief of the Bureau of Fire Prevention. Permits shall be issued
for not exceeding one year. Permits shall be issued as directed by
the Bureau of Fire Prevention.
A.
Any person who shall violate any of the provisions of the code hereby
adopted 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 and
approved thereunder, or any certificate or permit issued thereunder,
and from which no appeal has been taken, or who shall fail to comply
with such an order as affirmed or modified by Ligonier Borough Council
or by a court of competent jurisdiction, within the time fixed herein,
shall, upon conviction before the Magisterial District Judge, severally
for each and every such violation and noncompliance respectively,
be guilty of a summary offense, punishable by a fine of not more than
$600 or, in default of payment thereof, by imprisonment for not more
than 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.
[Amended 1-12-1989 by Ord. No. 438; 7-12-2001 by Ord. No. 514]
B.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
