Township of Penn, PA
York County
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[HISTORY: Adopted by the Board of Commissioners of Penn Township 7-1-1991 by Ord. No. 424. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 100.
[Amended 4-19-2010 by Ord. No. 713]
A certain document, a copy of which is on file in the Office of the Secretary of the Township of Penn, being marked and designated as "The International Fire Code, 2009 Edition" as published by the International Code Council, be and is hereby adopted as the Fire Code of the Township of Penn, York County, Pennsylvania; for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees thereof; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Secretary of the Township of Penn are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes prescribed in § 160-4 of this chapter.
Ordinance No. 272 of Penn Township entitled "An ordinance of the Township of Penn, York County, adopting a Fire Prevention Code prescribing regulations governing conditions hazardous to life and property from fire or explosion, and fixing penalties for violations" and all other ordinances or parts of ordinances in conflict herewith are hereby repealed, including original Chapters 72 and 74 of the Penn Township Code.[1]
[1]
Editor's Note: Original § 72-3, Enforcement; reports; assistance, which immediately followed this section, was repealed 9-19-1994 by Ord. No. 482.
A. 
Wherever the word "jurisdiction" is used in the Fire Prevention Code, it shall be held to mean the Township of Penn.[1]
[1]
Editor's Note: Original Subsection A, which defined who would act as the Code Official, was repealed 9-19-1994 by Ord. No. 482.
B. 
Use group classifications.
(1) 
Use Group R-1 structures. This use group shall include all hotels, motels, boardinghouses and similar buildings arranged for shelter and sleeping accommodations and in which the occupants are primarily transient in nature, making use of the facilities for a period of less than 30 days.
(2) 
Use Group R-2 structures. This use group shall include all multiple-family dwellings having more than two dwelling units, except as provided for in the Use Group R-3 for multiple single-family dwelling units, and shall also include all boardinghouses and similar buildings arranged for shelter and sleeping accommodations in which the occupants are primarily not transient in nature. A dormitory facility which accommodates more than five persons more than 2 1/2 years of age shall be classified as Use Group R-2.
(3) 
Use Group R-3 structures. This use group shall include all buildings arranged for the use of one- or two-family dwelling units, including not more than five lodgers or boarders per family and multiple single-family dwellings where each unit has an independent means of egress and is separated by a two-hour fire separation assembly. In multiple single-family dwellings which are equipped throughout with an approved automatic sprinkler system, the fire-resistant rating of the dwelling unit separation shall not be less than one hour. Dwelling unit separation walls shall be constructed as fire petitions.
(4) 
Use Group I-1 structures. This use group shall include buildings and structures, or parts thereof, which house six or more individuals who, because of age, mental disability or other reasons, must live in a supervised environment but who are physically capable of responding to an emergency situation without personal assistance. Where accommodating persons of the above description, the following types of facilities shall be classified as I-1 facilities: board and care facilities, halfway houses, group homes, social rehabilitation facilities, alcohol and drug centers and convalescent facilities. A facility such as the above with five or fewer occupants shall be classified as a residential use group.
[Amended 4-19-2010 by Ord. No. 713]
The following sections are hereby revised:
A. 
Section 101.1 shall be amended to read:
101.1 Title: These regulations shall be known as the Fire Code of Penn Township, hereinafter referred to as "this code".
B. 
Section 101.2 shall be amended to read:
101.2 Appendices: The provisions of Appendices A through J contained herein are hereby adopted.
C. 
Section 104.6.2.1 shall be amended to read:
[Added 5-21-2012 by Ord. No. 740]
104.6.2.1 Inspections: The fire code official shall have the authority to perform inspections under the following circumstances:
a)
If requested by the tenant or property owner;
b)
On a scheduled basis; or
c)
If there is reasonable cause to suspect that a violation or safety concern exists.
The fire code official shall keep a record of each residential, commercial and industrial inspection made, including notices and orders issued, showing the findings and disposition of each. Fees for fire code inspections shall be set by Resolution, from time to time, by the Penn Township Board of Commissioners."
D. 
Section 105 shall be amended to read:
Section 105 Permits: 105.1 General: Permits shall be required in accordance with the following Sections only:
105.6.14
Explosives
105.6.15
Fire Hydrants and Valves
105.6.30
Open Burning
105.7.1
Automatic Fire Extinguishing Systems
105.7.5
Fire Alarm and Detection Systems and Related Equipment
105.7.11
Private Fire Hydrants
105.7.13
Standpipe Systems
E. 
Section 105.1.1 shall be amended to read:
[Added 5-21-2012 by Ord. No. 740]
105.1.1 Permits Required: 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 Penn Township Board of Commissioners and shall be paid prior to issuance of the permit. Issued permits shall be kept on the premises designated therein at all times and shall be readily available for inspection by the fire code official.
F. 
The following shall be added to Section 106.2:
[Added 6-16-2014 by Ord. No. 762]
The Township may adopt policies and regulations governing the routine or emergency inspection of commercial and residential properties within the Township.
G. 
Section 109.3 shall be amended to read:
109.3 Violation Penalties: Any person, firm or corporation who shall violate any provision if this code shall be subject to the fines and penalties as set forth in Chapter 1, Article II, GENERAL PENALTY, of the Penn Township Code. Each day that a violation continues shall be deemed a separate offense.
H. 
Section 111.4 shall be amended to read:
111.4 Failure To Comply: Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $600 or more than $1,000.
I. 
Section 113.2 shall be amended to read:
[Added 6-16-2014 by Ord. No. 762]
A fee for each permit or inspection shall be paid as required in accordance with the schedule as established by the applicable governing authority. Failure of any person to comply with the payment of fees shall subject that person to the fines and penalties as set forth in Chapter 1, Article II, General Penalty, of the Penn Township Code.
J. 
Section 307 shall be amended as follows:
Section 307 Open Burning, Recreational Fires and Portable Outdoor Fireplaces
(1) 
The following shall be added to Section 307.1.1 Prohibited Open Burning: "Open burning shall not be used for waste disposal purposes, shall be of the minimum size for the intended purpose, and the fuel chosen must minimize the generation and emission of air contaminates. Open burning that will be offensive or objectionable because of smoke or odor emissions when atmospheric conditions or local circumstances make such fires hazardous shall be prohibited. The fire code official is authorized to order the extinguishments by the permit holder or the fire department of open burning, which creates or adds to a hazardous or objectionable situation. The fire code official may rely on the Fire Chief or his designated representative to verify the content of the material to be burned, as well as any other public safety considerations which fall within the realm of their expertise."
(2) 
Section 307.2 shall be amended to read:
307.2 Permit Required: A permit shall be obtained from the fire code official in accordance with Section 105.6 prior to kindling a fire for (1) burning offence rows, fields, agricultural fields and materials relating to farming by the occupant of a tract of land consisting of not less than 10 contiguous acres; (2) range or wildfire management practices, prevention or control of disease or pests; (3) a bonfire. Permits require the payment of a fee, which shall be set by Resolution from time to time. Annual permits must be renewed during the month of May. Permits not renewed by June 1 of each year shall be expired and a new permit will be required before burning can resume.
(3) 
The following Section 307.2.2 shall be added:
307.2.2 Notification: Notification of open burning shall be submitted in writing at least three days in advance and shall be in such form and contain any and all information required by the fire code official. Said notification shall contain, at a minimum, the purpose of the proposed burn, the nature and quantities of material, the date(s) when the burn will occur, and the location of the burn site.
K. 
Section 505.1 shall be amended to read:
505.1 Address Identification: 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 high for residential uses and 5 1/2 inches high for nonresidential uses.
A. 
When, in the opinion of the Code Official, delay in the enforcement of any provision of this chapter or the Fire Prevention Code during the pendency of any proceedings for its enforcement would create or permit to exist a clear and present danger to the safety of persons and property in Penn Township, the Code Official shall make application to the Court of Common Pleas of York County for a preliminary injunction with or without notice, as the court may determine.
[Amended 9-19-1994 by Ord. No. 482]
B. 
In the event that any person resists or prevents the Code Official in the exercise of the right of entry and inspection set forth in the Code, Section F-107.0, the Code Official may likewise make application to the Court of Common Pleas for injunctive relief in the matter set forth.
[Amended 9-19-1994 by Ord. No. 482]
C. 
The enumeration of the above specific instance of equitable remedies shall not be construed to limit or deny the right of Penn Township or any person to such equitable or other remedies as may otherwise be available, with or without process of law.