[HISTORY: Adopted by the Borough of Hanover 4-24-2019 by Ord. No. 2284.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also superseded former Ch. 212, Fire Prevention, adopted 12-26-2012 by Ord. No. 2192, as amended.
Except to the extent otherwise adopted by the Commonwealth of Pennsylvania as part of the Pennsylvania Uniform Construction Code, that a certain document, being marked and designated as the International Fire Code, 2015 edition, including Appendices A through M, inclusive, as published by the International Code Council, be and is hereby adopted as the Fire Code of the Borough of Hanover regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, material and devices, and from conditions hazardous to the life or property in the building or premises as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Borough of Hanover which are hereby referred to, adopted, and made part hereof, as if fully set out in the chapter, with the additions, insertions, deletions and changes, if any, prescribed in § 212-2 of this chapter.
[Amended 11-26-2019 by Ord. No. 2291]
The following sections are hereby revised:
A. 
Section 101. Scope and general requirements.
(1) 
Section 101.1, Title, shall be amended to read:
"These regulations shall be known as the Fire Code of the Borough of Hanover, hereinafter referred to as "this code."
(2) 
Section 101.2.1, Appendices, shall be amended to read:
"The provisions of Appendices A through M contained herein are hereby adopted."
B. 
Section 105. Permits.
(1) 
Section 105.1.1, Permits required, shall be amended to add the following paragraph:
"Permits required by this code shall be obtained from the Fire Code Official. Permit fees shall be set by resolution, from time to time, by the Borough Council and shall be paid prior to the issuance of the permit. Issued permits shall be kept on the premises designated therein at all time and shall be readily available for inspection by the Fire Code Official."
(2) 
Section 105.6, Required operational permits, shall be amended to read:
"The fire code official is authorized to issue operational permits for the operations set forth in sections:"
105.6.15
Explosives
105.6.16
Fire Hydrants & Valves
105.6.32
Open Burning
(3) 
Section 105.7, Required construction permits, shall be amended to read:
"The fire code official is authorized to issue construction permits for work as set forth in sections:"
105.7.1
Automatic Fire Extinguishing Systems
105.7.6
Fire Alarm & Detection Systems and Related Equipment
105.7.13
Private Fire Hydrants
105.7.17
Standpipe Systems
C. 
Section 109. Violations.
(1) 
Section 109.4, Violations and penalties, shall be amended to read:
"Persons who shall violate a provision of this code or fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall, upon conviction thereof before any Magisterial District Judge in a summary proceeding, be sentenced for each such violation to pay a fine not exceeding $1,000, and costs of such proceedings, and in default thereof to undergo imprisonment for a period not exceeding 30 days. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
In addition to the penalties provided herein, the Borough of Hanover may institute appropriate actions and proceedings of law or in equity to prevent or restrain violations of this ordinance."
D. 
Section 111. Stop work order.
(1) 
Section 111.4, Failure to comply, shall be amended to read:
"Any person who shall continue any work after having been served with a stop-work order, except such work as the person is directed to perform to remove a violation or unsafe condition, shall be guilty of a Public Safety Ordinance Violation and punishable under Chapter 1, Article I, General Penalty of the Code of the Borough of Hanover."
E. 
Section 307. Open burning, recreational fires and portable outdoor fireplaces.
(1) 
Section 307.1.1, Prohibited open burning, shall be amended to read:
[Amended 3-25-2020 by Ord. No. 2297]
There shall be no open burning of trash, leaves, yard waste, construction debris and recyclable materials or for any other waste disposal purposes in the Borough of Hanover. The Fire Code Official or the Fire Chief is authorized to order the extinguishment of any open fire by the property owner, tenant or the Fire Department.
(2) 
Section 307.2, Permit required, shall be amended to read:
"A permit shall be required for a bon fire or other open fires for ceremonious reasons."
(3) 
Section 307.4.2, Recreational fires, shall be amended to read:
"Recreational fires are prohibited within the Borough of Hanover"
1.
Exception: Recreational fires are permitted through the use of an appliance which carries the "UL Listed" mark, is UL-approved for the use, and is fueled by propane or natural gas. The appliance and fuel source may not be within 15 feet of any structure or combustibles.
(4) 
Section 307.4.3, Portable outdoor fireplaces, shall be amended to read and exception deleted:
"The use of portable outdoor fireplaces, fire pits or rings, chimineas or similar devices are prohibited within the Borough of Hanover"
1.
Exception: The use of any portable outdoor fireplaces or similar appliances are permitted if the appliance carries the "UL Listed" mark, is UL-approved for the use, and is fueled by propane or natural gas. The appliance and fuel source may not be within 15 feet of any structure or combustibles.
F. 
Section 505. Premises identification.
(1) 
Section 505.1, Address identification, shall be amended to read:
"Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Numbers shall be a minimum of three inches for residential uses and 5 1/2 inches high for nonresidential uses."
The geographical limits referred to in certain sections of the 2015 International Fire Code as hereby established as follows:
A. 
Section 5704.2.9.6.1. Locations where aboveground tanks are prohibited.
The storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited within the limits of the Borough of Hanover Zoning Districts O-A, R3, R5, R6 and SC.
B. 
Section 5706.2.4.4. Locations where aboveground tanks are prohibited.
The storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited within the limits of the Borough of Hanover Zoning Districts O-A, R3, R5, R6 and SC.
C. 
Section 5806.2. Limitations.
Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits of Borough of Hanover Zoning Districts O-A, R3, R5, R6 and SC.
D. 
Section 6104.2. Maximum capacity within established limits.
Within the limits of those Borough of Hanover Zoning Districts in which the storage of liquefied petroleum gas is not prohibited (i.e., in districts other than O-A, R3, R5, R6 and SC), the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570L).
[Added 6-22-2022 by Ord. No. 2325]
As used in this chapter, the following terms shall have the meanings indicated:
FOOD PREPARATION
Those actions performed to prepare food for consumption. These actions are to be accomplished using an appliance that carries the "UL Listed" mark and is UL-approved for the intended use of food preparation. Examples include LP gas/propane grills, charcoal grills, smokers. The use of a built-in masonry-constructed barbecue pit properly permitted and constructed with brick and mortar are approved for food preparation.
OPEN BURNING
The burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Open burning does not include road flares, smudge pots and similar devices associated with safety or occupational uses typically considered open flames, recreational fires or use of portable outdoor fireplaces.
OUTDOOR FIREPLACE (PORTABLE)
A device either built-in or portable that burns material other than rubbish for the purpose of pleasure, ambience, or warmth. Examples include chimineas, fire rings or fire pits. Outdoor fireplaces do not meet the requirements for food preparation as defined in this chapter.
RECREATIONAL FIRE
An outdoor fire burning materials other than rubbish where the fuel being burned is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, and has a total fuel area of three feet (914 mm) or less in diameter and two feet (610 mm) or less in height for pleasure, religious, ceremonial, warmth or similar purposes. A recreational fire does not meet the requirements for food preparation as defined in this chapter.
A. 
Any and all other ordinances or parts or ordinances in conflict herewith are hereby repealed.
B. 
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter. The Borough Council hereby declare that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
C. 
Nothing in this chapter or in the Fire 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 as cited in § 212-4A of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
D. 
This chapter and the rules, regulations, provisions, requirements, order and matters established and adopted hereby shall take effect and be in full force and effect upon the date of its approval of the Mayor.
E. 
This chapter shall be codified in the Code of the Borough of Hanover and shall amend such codification as necessary to codify this chapter.