Borough of Clifton Heights, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Clifton Heights 6-13-1968 by Ord. No. 453 (Ch. 7, Part 2, of the 1988 Code of Ordinances). Amendments noted where applicable.]
Fire Company — See Ch. 15.
Fire prevention — See Ch. 153.
No person, firm or corporation shall burn or cause to be burned in any exterior area of his, her or its premises within the geographical confines of the Borough of Clifton Heights any trash, rubbish, leaves, cuttings, grass, weeds, papers, boxes, refuse or other debris, whether such burning be in an open fire or an enclosed incinerator.
No person, firm or corporation in possession of, or having control of, any building or premises in the Borough of Clifton Heights shall permit or allow therein or thereon any fire hazard or any installation, construction, equipment, matter or thing which, by reason of not being installed, constructed or maintained according to recognized standards and practices for the prevention of fire, creates or produces a danger to persons or property from fire.
There is hereby created the office of Fire Marshal whose duty shall be to enforce this chapter and the performance of duties hereinafter more fully set forth. It shall be the duty of the Council of the Borough of Clifton Heights to designate a person, a resident of the Borough of Clifton Heights, to fill the said office for a period of one year, corresponding to the calendar year and so on from year to year.
The Fire Marshal may, with the approval of Council, designate one person as his authorized representative to assist in the performance of his duties.
It shall be the duty of the Fire Marshal of the Borough of Clifton Heights to enforce all laws and ordinances relating to the prevention of fires; the storage and use of explosives and flammables; the installation and maintenance of private fire alarm systems and fire-extinguishing equipment; the maintenance and regulation of fire escapes; the means and adequacy of exit, in case of fire, from all buildings covered by this chapter and other places in which persons work or congregate for any purpose; and to investigate the cause, origin and circumstances of fires.
The Fire Marshal or his authorized representative may at all reasonable hours and not less than twice yearly enter any public building or any private building used for any business, commercial or industrial purpose and any apartment or converted home with two or more apartments for the purpose of making any inspection or investigation which he may deem necessary for the prevention of fire and to secure the safety of persons from fire.
The Fire Marshal, or his authorized representative, shall not less than twice yearly inspect all hazardous manufacturing processes, storages or installation of gases, explosives and flammable materials, all interior fire alarms and automatic sprinkler systems, and such other hazards or appliances as the Fire Marshal shall deem advisable in the prevention of fire, and he shall make such orders as may be necessary to make the aforesaid things or any of them comply with recognized standards and practices for the prevention of fire.
Whenever the said Fire Marshal, or his authorized representative, shall find that, in any building or upon any premises covered by this chapter, combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumulation of wastepaper, boxes, shavings, or any highly flammable materials, and which are so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operation of the Fire Department or egress of occupants in case of fire, he shall order the same to be removed or remedied.
Whenever the said Fire Marshal, or his authorized representative, shall find any building or other structure covered by this chapter which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire-extinguishing equipment or by reason of age, or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever such officer, or his authorized representative, shall find in any building covered by this chapter combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he shall order such dangerous conditions or materials to be removed or to be remedied in accordance with recognized standards and practices for the prevention of fire.
The Fire Marshal shall keep a record of fires and of all facts concerning the same, including statistics as to the extent of such fires, time, damage caused thereby. All such records shall be public.
Permits and/or licenses shall be required from the Fire Marshal pursuant to this chapter to have, keep, store, use, manufacture, sell and handle flammable materials and rubbish and to construct, operate or maintain establishments hereinafter specified.
A permit shall constitute permission to establish, maintain, store or handle materials or conduct processes which produce conditions hazardous to life or property. It shall be specific as to location, conditions and materials covered. It shall not be transferable, and any change in use or occupancy of premises shall require a new permit. It shall be issued for an indefinite period with power to revoke it at any time for failure to comply with regulations.
A license shall be the authority issued by the Fire Marshal independently or jointly with any other municipal authority for the conducting of a business, trade, occupation or calling for a definite period.
Permits and/or licenses shall be required for the following:
Transportation, storage or use of explosives
Pyrotechnic displays
Handling, use or display of nitrocellulose film
Storage of nitrocellulose film
Storing and handling of pyroxylin plastic over 100 pounds
Manufacture of pyroxylin plastic articles
Commercial incinerators
Any establishment or dwelling covered by the Pennsylvania Fire and Panic laws
Dwellings converted to apartments
Calcium carbide exceeding 100 pounds
Acetylene generators exceeding five pounds' capacity
Compressed and liquefied gases
Retail dealer in flammable liquids
Oil refinery
Jobber in flammable liquids
Manufacturing and using flammable liquids
Dry cleaning
Storage of hazardous chemicals
Refrigeration in excess of 20 pounds of refrigerant
Matches in excess of 60 matchman's gross
Public garage
Automobile tire rebuilding plants
Storage of packing cases
Automobile wrecking and junkyard
[Amended 8-15-1988 by Ord. No. 682]
All permits and licenses required herein and by the provisions hereof shall be obtained upon written application on a form to be obtained from the Fire Marshal to be accompanied by a permit or license fee as established from time to time by the Borough Council to be accounted for and paid by him to the Borough of Clifton Heights. A record of all applications and permits issued shall be kept by the Fire Marshal and filed with the Borough Secretary at the end of March, June, September and December of each year.
The Fire Marshal shall receive as compensation 50% of each license or permit issued.
The recognized standards and practices for the prevention of fire shall be held to mean the standard practices and requirements set forth by the National Board of Fire Underwriters, and as from time to time adopted by said Board.
The owner, occupant or person in charge of or managing any building or premises covered by this chapter shall forthwith, after notice from the Fire Marshal so to do, correct any condition in such building or premises, so that the premises, building, processes or materials shall be in such condition as to comply with the recognized standards and practices for the prevention of fire.
The Fire Marshal or his authorized representative shall not solicit sales of any fire protective appliances in conjunction with the enforcement of this chapter.
The failure or neglect of any person responsible hereunder to comply with any order of the Fire Marshal and pursuant to the provisions of this chapter shall be deemed to be a violation of this chapter.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Every day that a violation of this chapter continues shall constitute a separate offense.