Township of Richland, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 127, 6/27/1978; as reenacted by Ord. 278, 9/18/1991]
The Township hereby adopts, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, the fire prevention code known as the "BOCA National Basic Fire Prevention Code, 1990, Eighth Edition," save and except such portions as are hereinafter deleted, modified or amended, of which three copies have been and now are filed in the office of the Township Secretary and the same are hereby adopted and incorporated as fully as if set out at length herein. From the date on which this Part shall take effect, the provisions thereof shall be controlling within the corporate limits of the Township.
[Ord. 127, 6/27/1978; as reenacted by Ord. 278, 9/18/1991; as amended by Ord. 325, 7/3/1996; and by Ord. 336, 2/5/1997]
The Fire Prevention Code hereby adopted is amended as follows:
A. 
Township of Richland shall be inserted wherever the words "Name of Municipality" appear in brackets therein.
B. 
Wherever the term "legal officer" or "legal representative" is used in this code, it shall be held to mean the Township Solicitor.
C. 
§ F-105.5.1 is hereby amended to read as follows:
F-105.5.1. Penalty for Violations.
(1) 
Any person who shall violate any provision of this code shall, upon conviction thereof, be sentenced to pay a fine not exceeding $500, and in default of payment, to imprisonment for a term not to exceed 30 days. Each day a violation of this Code continues shall constitute a separate offense.
(2) 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
D. 
§ F-201.0 is hereby amended to read as follows:
F-201.0 General Definitions.
(1) 
Fireworks. Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same firecrackers, torpedoes, skyrockets, Roman Candles or other devices of like construction and any device containing any explosive or flammable compound, or any tablets or other devices containing any explosive substance.
(2) 
The term "fireworks" shall not include auto flares, sparklers and paper caps containing not in excess of an average of 0.25 grain (16.2 mg) of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such caps, the sale and use of which shall be permitted at all times.
[Ord. 127, 6/27/1978; as reenacted by Ord. 278, 9/18/1991]
In all matters that are regulated by the laws of the Commonwealth of Pennsylvania or by regulations of departments or agencies of the commonwealth promulgated by authority of law, such laws or regulations, as the case may be, shall control where the requirements thereof are the same as or more limiting than the provisions of this Part. The code shall control in all cases where the state requirements are not as strict as those contained in this Part.
[Ord. 127, 6/27/1978; as reenacted by Ord. 278, 9/18/1991]
The provisions of this Part, so far as they are the same as those of ordinances and/or codes in force immediately prior to the enactment of this Part, are intended as a continuation of such ordinances and codes and not as new enactments. The provisions of this Part shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offense under authority of any of the repealed ordinances.
[Ord. 125, 5/23/1978; as amended by Ord. 278, 9/18/1991]
In accordance with the provisions of the BOCA Basic Building Code, Eleventh Edition, and the BOCA Basic Fire Prevention Code, Eighth Edition, and also in compliance with Part 5, § 501(A), of the Township Home Rule Charter, the offices of Fire Official and Deputy Fire Official are hereby established.
[Ord. 125, 5/23/1978]
The Board of Supervisors, by motion, shall appoint one individual as Fire Official and may appoint another individual or individuals as Deputy Fire Officials.
[Ord. 125, 5/23/1978]
The Fire Official and the Deputy Fire Official or Officials are hereby authorized to perform all of the duties and shall have all of the authority prescribed in the BOCA Basic Building Code and the BOCA Basic Fire Prevention Code.
[Ord. 292, 10/7/1992; as added by Ord. 387, 6/4/2003]
To the extent that the provisions of the BOCA National Fire Prevention Code, Eighth Edition, 1990 (or as thereafter amended or superseded), conflict with the provisions of Part 1 of this chapter or otherwise do not regulate fire and burning, the provisions of Part 1 of this chapter shall be applicable to such activity within the Township of Richland and shall take precedence over any conflicting provisions contained within the BOCA National Fire Prevention Code, Eighth Edition, 1990 (or as thereafter amended or superseded).
[Ord. 292, 10/7/1992]
1. 
Scope. The manufacture, sale and use of fireworks is prohibited within Richland Township. The display or discharge of fireworks shall comply with the requirements of this Part.
2. 
Permit Required. A permit shall be obtained from the Fire Marshal for the display or discharge of fireworks.
3. 
Permit Applications. Application for permits shall be made in writing at least 15 days in advance of the date of the display or discharge of fireworks. The possession, use and distribution of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, nor shall any such permit be extended beyond the dates set out therein.
4. 
Definition.
FIREWORK
Any combustible or explosive composition, or any substance or combination of substances, or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, bombs or other devices of like construction and any device containing any explosive substance, except that the term "fireworks" shall not include auto flares, paper caps containing not in excess of an average of 0.25 grain (16.2 mg) of explosive content per cap, and toy pistols, toy canes, toy guns or other devices for use of such cap, sparklers or snakes, the sale and use of which shall be permitted at all times.
[Ord. 292, 10/7/1992]
1. 
General.
A. 
It shall be a violation of this Part for any person to store, manufacture, offer for sale or use or explode any fireworks, except as provided in the rules and regulations issued by the Fire Marshal for the granting of permits for supervised public displays of fireworks by the Township, fair associations, amusement parks and other organizations.
B. 
Every such display shall be handled by a competent operator approved by the Fire Marshal. The fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion of the Fire Marshal, will not be a hazard to property or endanger any person.
2. 
Bond for display. The permittee shall furnish a bond, in an amount deemed adequate by the Board of Supervisors but not less than $500, conditioned for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, the permittee's agents, employees or subcontractors.
3. 
Disposal of Unfired Fireworks. Unfired fireworks and trash that remain after the display is concluded shall be immediately disposed of in a safe manner approved by the Fire Marshal.
4. 
Seizure of Fireworks. The Fire Marshal or Richland Township Police shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks offered or exposed for display, stored or held in violation of this Part.
[Ord. 292, 10/7/1992; as amended by Ord. 325, 7/3/1996; and by Ord. 336, 2/5/1997]
Any person, firm or corporation who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $500 and in default of payment, to imprisonment for a term not to exceed 30 days. Every day that a violation of this Part continues shall constitute a separate offense.[1]
[1]
Editor's Note: Former Part 3, Burning Regulations, adopted 6/4/2003 by Ord. 387, which immediately followed this section, was repealed 3/18/2015 by Ord. 480. Effective January 1, 2015, open burning regulations adopted by the Allegheny County Health Department became applicable to all municipalities in Allegheny County.