[Adopted 8-19-1996 by Ord. No. 526 (Ch. 7, Part 1, of the 1992 Code of Ordinances)]
A certain document, three copies of which have been and are presently on file in the office of the Secretary of the Borough of Mount Joy, Lancaster County, Pennsylvania, being marked and designated as "Building Officials and Code Administrators, Inc., BOCA National Fire Prevention Code/1996," be and is adopted as the Fire Prevention Code of the Borough of Mount Joy, creating a code of fire prevention regulations for the protection of public health, safety and welfare as herein provided. Each and all of the regulations of the BOCA National Fire Prevention Code/1996, Tenth Edition, except as provided in § 136-16 of this article, are hereby referred to, adopted and made a part hereof as if fully set out in this article, with the additions, insertions, deletions and changes, if any, enumerated in § 136-16 of this article.
Changes from the BOCA National Fire Prevention Code/1996, Tenth Edition, to the Fire Prevention Code of the Borough of Mount Joy are as follows:
A. 
Section F-101.1: insert "Borough of Mount Joy, Lancaster County, Pennsylvania."
B. 
Section F-102.3 shall provide as follows:
F-102.3 Application of building code: The planning, design and construction of new buildings and structures to provide egress facilities, fire protection and built-in fire-protection equipment shall be controlled by Chapter 110, Construction Codes, Uniform, and other applicable regulations which are or may be enacted by Borough Council in the future, and any alterations, additions or changes in building required by the provisions of the code which are within the scope of Chapter 110, Construction Codes, Uniform, shall be made in accordance therewith.
C. 
Section F-105.1 shall provide as follows:
F-105.1 Enforcement officer: It shall be the duty and the responsibility of the duly appointed Code Enforcement Officer to enforce the provisions of the Fire Prevention Code as herein set forth. The designated Code Enforcement Officer of this article is herein referred to as the "Code Official."
D. 
Section F-107.8 shall provide as follows:
F-107.8 Payment of fees: Applicants for permits under this article shall pay to the Borough at the time of application the fees set forth on the then-current fee schedule which shall have been adopted by resolution or ordinance of the Borough Council. A permit shall not be issued until the designated fees are paid.
E. 
Insert a new Section F-107.8.1, which shall provide as follows:
F-107.8.1 Accounting: All fees collected shall be received and accounted for by the Borough Treasurer. Such fees shall be deposited in the Borough treasury or otherwise handled as required by law.
F. 
Section F-111.2 shall provide as follows:
F-111.2 Unlawful continuance: Any person who shall refuse to leave, interfere with the evacuation of other occupants or continue any operation after having been given an evacuation order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a summary offense.
G. 
Section F-112.2 shall provide as follows:
F-112.2 Failure to correct violations: If the notice of violation is not complied with within the time specified by the Code Official, the Code Official shall serve a citation upon the violator and/or shall notify Borough Council of the failure to comply with the notice of violation and request the Borough Solicitor to be authorized to institute the appropriate legal proceedings to restrain, correct or abate such violation or to require removal or termination of the unlawful use of the building or structure in violation of the provisions of this article or of any order or direction made pursuant thereto. The Police Department shall be requested by the Code Official to make arrests for any offense against this article or orders of the Code Official affecting the immediate safety of the public.
H. 
Section F-112.3 shall provide as follows:
F-112.3 Penalty for violations: Any person who shall violate a provision of this article or who shall fail to comply with any of the requirements thereof or who shall use, erect, construct, alter or repair a building or structure in violation of any approved plan or directive of the Code Official or of any order, permit or certificate issued under the provisions of this article or who shall violate any order of the Code Official shall be liable upon summary conviction thereof to fines and penalties not less than $100 nor more than $1,000, plus costs of prosecution, which fines and penalties may be collected as provided by law. All fines and penalties collected for violation of this article shall be paid over to the Borough treasury. Each day that a violation continues shall be deemed a separate offense.
I. 
Section F-113.0, Means of Appeal, shall be deleted in its entirety. A new Section F-113.0, Appeals, shall be inserted, which shall provide as follows:
F-113.0 Appeals: An appeal from any decision of the Code Official may be taken to Borough Council. Such appeal shall be made, in writing, within 10 days after such decision has been made. The appeal shall be verified by an affidavit and shall be filed with the Borough Secretary. The appellant or his representative shall have the right to appear and be heard, if such right is requested in the written appeal. A prompt decision of such appeal shall be made by Borough Council. In making a decision, Borough Council may vary or modify any provision of this article where there are practical difficulties in the way of executing the strict letter of the law so that the spirit of the law shall be observed, public safety secured and substantial justice done. Such variation or modification shall be the minimum necessary in order to grant relief. Every action of Borough Council on such appeals shall be by resolution, copies of which shall be certified to the Code Official and the appellant.
J. 
Section F-503.4.2 shall provide as follows:
F-503.4.2 Power source: The power source for smoke detectors installed during construction of a structure or during enlargement or renovation of a structure shall be an AC primary power source. The power source for smoke detectors installed in existing structures shall be either an AC primary power source or a monitorized battery primary power source.
K. 
Section F-3003.2 shall be amended to provide as follows:
F-3003.2 Storage: The storage of explosive materials shall be permitted only if such storage shall comply with all applicable regulations of Chapter 270, Zoning, and with all requirements of this article. Notwithstanding the foregoing, temporary storage of explosive materials utilized in connection with approved blasting operations shall be permitted.
The provisions of this article, insofar as they are the same as those of ordinances and codes in force immediately prior to the enactment of this article, are intended as a continuation of such ordinances and codes. Nothing in this article shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any permit issued or approval granted or any cause or causes of action, including actions to enforce any right or penalty or punish any offenses under the repealed ordinances arising prior to the enactment of this article.