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Borough of Lewistown, PA
Mifflin County
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Table of Contents
Table of Contents
[Adopted 3-24-1986 by Ord. No. 86-2 (Ch. 5, Part 2, of the 1986 Code)]
This article shall be known and may be cited as the "Borough Fire Prevention Code Ordinance."
Pursuant to the authority granted Council by the Borough Code,[1] the following standard code for the following purpose is hereby adopted by reference for use in the Borough of Lewistown:
A. 
Fire Prevention Code.
[Amended 7-10-2006 by Ord. No. 2006-5; 7-13-2015 by Ord. No. 2015-7]
(1) 
For the purpose of establishing minimum standards, performance objectives and regulations governing the practices to be followed in safeguarding life and property from the hazards of fire or explosion arising from the storage, handling and use of dangerous or hazardous substances, materials or devices in the Borough, and in safeguarding life and property from a dangerous or hazardous condition in or on any buildings, structures or premises in the Borough (whether residential or nonresidential in character or use, and whether occupied or vacant), there is hereby adopted, effective as of the effective date of this article:
The International Fire Code, 2015 edition, as published by the International Code Council, including Appendix B, Fire-Flow Requirements for Buildings; Appendix C, Fire Hydrant Locations and Distribution; Appendix D, Fire Apparatus Access Roads; Appendix E, Hazard Categories; Appendix F, Hazard Ranking; and Appendix G, Cryogenic Fluids - Weight and Volume Equivalents.
(2) 
Excepting therefrom, however, such portions of the International Fire Code, 2015 Edition, as published by the International Code Council, as are deleted, modified or amended as next set forth below. For the purposes of this Article II, The International Fire Code, 2015 Edition, as published by the International Code Council, is referred to as the "Fire Prevention Code."
(a) 
The following sections and appendices of the Fire Prevention Code are deleted:
[1] 
Subsections 104.3 (Right of entry); 104.3.1 (Warrant); 104.5 (Notices and orders);
[2] 
Section 106, Inspections;
[3] 
Section 108, Board of Appeals;
[4] 
Subsection 109.3 (Notice of violation) and Subsections 109.3.1 through 109.3.4, inclusive;
[5] 
Subsection 109.4 (Violation penalties) and Subsection 109.4.1;
[6] 
Subsection 111.4 (Failure to comply) of Section 111, Stop Work Order;
[7] 
Appendix A, Board of Appeals.
(b) 
The words "Borough of Lewistown" are inserted in the Fire Prevention Code for the words "[name of jurisdiction]." The words "Borough Solicitor" are substituted in the Fire Prevention Code for the words "legal counsel of the jurisdiction." The term "Fire Prevention Bureau" is substituted in the Fire Prevention Code for the term "fire code official." The term "Borough Council of the Borough of Lewistown" is substituted for "chief appointing authority" or "governing body." Generally, the term "Fire Prevention Bureau" is substituted for the term "fire code official," as aforesaid, except that any time that a construction permit is to be issued or is applicable, the term "municipal code official" shall be substituted for "fire code official," and the application for such permit and the issuance of said permit shall be to and by the "municipal code official" administering and enforcing the Uniform Construction Code as set forth in Chapter 110, Article III, Uniform Construction Code, the Uniform Construction Code Election Ordinance of the Code of the Borough of Lewistown.
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
Three copies of the Fire Prevention Code have been filed in the office of the Building Codes, Property Codes and Zoning Code Department of the Borough. This office is located in the Lewistown Municipal Building. The copies may be examined at the office of the Department Monday through Friday, except holidays, during the hours from 9:00 a.m. to 12:00 noon and 1:00 p.m. to 4:00 p.m.
A. 
When not inconsistent with the context of this article or the Fire Prevention Code, or unless otherwise expressly stated in this article or the Fire Prevention Code, words and terms used in the present tense include the future tense; words and terms used in the plural number include the singular number and the converse; and the masculine gender includes the feminine gender and the neuter gender and the converse.
B. 
Where a word or term is defined under Subsection D below or by another section in this article and the same word or term is defined by the Fire Prevention Code, but there is a conflict between the definition in Subsection D and the definition in the code, the definition in Subsection D below shall govern if the matter involves the administration or enforcement of this article, and the definition in the code shall govern if the matter involves the interpretation or application of a safety or technical standard or regulation prescribed by the code.
C. 
Where a word or term is not defined under Subsection D below or by another section in this article, and is not defined by the Fire Prevention Code or a code referred to in § 110-2 of this chapter, the word or term shall have attributed to it its ordinarily accepted meaning or such as the context may require or imply.
D. 
Unless otherwise expressly stated, or unless the context clearly requires a different meaning, the following words and terms, when used in this article, shall have the meanings next ascribed to them.
(1) 
"Department" means the Building Codes, Property Codes and Zoning Code Department of the Borough or the Department officers.
(2) 
"Fire Prevention Bureau" means the Chief of the Fire Department of the Borough and those firemen or officers in the Fire Department under his jurisdiction, whom, with the prior advice and consent of the Council, he has appointed as Bureau officers. The Chief of the Fire Department shall always be a Bureau officer and shall be head of the Fire Prevention Bureau.
(3) 
The words or terms "contractor," "owner," "person," "property," "unsafe equipment," "property unfit for occupancy or use" and "unsafe property" shall have the meanings respectively ascribed to them by § 110-4E.
A. 
It shall be the duty and responsibility of a Bureau officer to:
(1) 
Administer and enforce this article and the Fire Prevention Code; and
(2) 
Make such inspections, tests, requirements, notices, orders and decisions as are necessary or appropriate to ensure that standards or regulations are met, compliance is achieved, or life, health, safety or property is not endangered and will be reasonably protected.
B. 
A Bureau officer shall have such powers as are reasonably necessary to perform the duties and carry out the responsibilities assigned by Subsection A and shall have those specific powers granted by this article and by the Fire Prevention Code.
C. 
In addition to the duties in Subsection A and the powers in Subsection B, a Bureau officer shall have such other duties as are assigned to him and have such other powers as are granted to him by other ordinances of the Borough or by the Chief of the Fire Department of the Borough.
A. 
A Bureau officer, in the discharge of his duties and upon proper identification, is hereby authorized to enter any property in the Borough for the purpose of making any inspection which he deems necessary or appropriate to make in performing his duties or carrying out his responsibilities under § 110-25A.
B. 
The times when a Bureau officer may make an inspection shall be:
(1) 
Monday through Friday, except holidays, during the hours from 9:00 a.m. to 5:00 p.m.;
(2) 
At the time when an owner, occupant or contractor, as the case may be, has agreed or requested that an inspection be made;
(3) 
At any time when the property is open to the public or at any time when the inspection is of an open area outdoors;
(4) 
If a fire prevention permit has been obtained from the Department, at any time when the activity, process or use which is the subject of the permit is in progress;
(5) 
At any time when there is reasonable cause to believe that there exists in or on the property a condition which does not comply with the standards or regulations of the Fire Prevention Code or a dangerous or hazardous condition described in § 110-27; or
(6) 
At any time when an actual emergency tending to create an immediate danger to life, health, safety or property exists, or when following an accident or casualty, an inspection is required to determine whether an immediate danger to life, health, safety or property exists.
C. 
Refusal of inspection; notice.
(1) 
If an owner, occupant or contractor, as the case may be, refuses, forbids, interferes with, restricts or obstructs the entry or inspection by a Bureau officer, the Chief of the Fire Department or the President of Council may issue a written notice to the owner, occupant or contractor:
(a) 
Identifying the property to be inspected;
(b) 
Stating the reason for the inspection;
(c) 
Citing the provisions of this article which authorize the Bureau officer to make the inspection; and
(d) 
Containing an order that the Bureau officer be permitted to enter the property and make the inspection.
(2) 
If upon service of the notice and order the owner, occupant or contractor refuses, forbids, interferes with, restricts or obstructs the entry or inspection by the Bureau officer, the Bureau officer is authorized to apply to a court, with appropriate jurisdiction, either: a) for a search warrant authorizing the entry and inspection; or b) for an order directing that the owner, occupant or contractor cease and desist from his actions. It shall be sufficient probable cause for the issuance by the court of a search warrant or a cease and desist order that the notice and order by the Chief of the Fire Department or the President of Council was not complied with or was ignored.
D. 
An inspection by a Bureau officer shall not unduly annoy or disturb an owner, occupant or contractor, as the case may be, and an inspection by a Bureau officer shall be made so as to cause the least amount of inconvenience to an owner, occupant or contractor as is consistent with the purposes of the inspection.
[Amended 7-10-2006 by Ord. No. 2006-5]
In addition to any condition described in the Fire Prevention Code, and as a specific listing of conditions, the existence of any of the following conditions in or on a property shall be deemed to be a dangerous or hazardous condition such that there is a fire hazard or otherwise a dangerous condition which is a clear and inimical threat to human life, safety, or health:
A. 
A condition likely to cause fire or explosion, or likely to result in the spread of fire, explosion or panic, and arising from a failure to comply with the standards or regulations of the Fire Prevention Code.
B. 
A condition which, if it continues to exist, is likely to interfere with the operations of the Fire Department or the egress of occupants in case of fire, explosion, flood or panic.
C. 
Dangerous amounts of flammable, combustible, explosive or otherwise hazardous materials or substances.
D. 
A dangerous condition arising from the improper handling, segregation, storage, transfer or use of flammable, combustible, explosive or otherwise dangerous or hazardous materials, substances or processes; or a dangerous condition arising from defective or improperly installed equipment for burning, handling, segregating, storing, transferring or using flammable, combustible, explosive or otherwise dangerous or hazardous materials or substances or for suppressing fire, fumes or other consequences in the event of an accident with the materials or substances.
E. 
Accumulations of litter, rags, rubbish, dry garbage, wastepaper, boxes, shavings, yard or garden trimmings, or other like flammable or combustible materials, or for suppressing fire, fumes or other consequences in the event of an accident with the materials or substances.
F. 
Grass, weed or vine growth so extensive that, under prevailing weather conditions, the growth creates a fire hazard or substantially increases the risk of fire or the spread of fire.
G. 
Accumulations of dust or waste material in an air-conditioning or ventilating system; accumulations of grease in kitchen or other exhaust fans, ducts or hoods; inadequate clearance or open space between exhaust fans, ducts or hoods and ovens or stoves or between ovens or stoves and areas where readily combustible or highly flammable items or substances are stored.
H. 
Accumulations of grease on kitchen cooking equipment or accumulations of oil, grease or dirt on, under or around mechanical equipment.
I. 
A dangerous condition arising from defective or improperly used or installed electrical wiring, equipment or appliances.
J. 
A dangerous condition arising from a defective or improperly used or installed interior fireplace, wood-burning stove, coal-burning stove or similar stationary space heating device, or a dangerous condition arising from a defective or improperly used portable electric or kerosene space heater or the like.
K. 
Obstructions to, on or in fire escapes, stairs, passageways, aisles, floors, doors or windows which are likely to interfere with the operations of the Fire Department or the egress of occupants in case of fire, explosion or panic.
L. 
Any building or other structure which, for lack of adequate or operable exit facilities, lack of adequate or operable automatic or other fire alarm apparatus, lack of adequate or operable fire-protection or fire-extinguishing equipment, lack of adequate or operable smoke detectors, lack of adequate or operable emergency lighting, or lack of adequate but simple measures for fire warning, fire suppression, or escape, is likely to create a condition which is dangerous to the life, safety or property of the occupants, users or the public.
M. 
Any building or other structure which, because of age, obsolescence, decay, deterioration, percentage of disrepair, degree of lack of maintenance, structural damage, or other like condition, is or is very likely to become a fire hazard.
N. 
A vacant building or structure which is unguarded and which has open or broken doors or windows.
A. 
Noncompliance with Fire Prevention Code. Whenever a Bureau officer determines that there exists in or on a property a condition which does not comply with the standards or regulations of the Fire Prevention Code, he shall give written notice of that fact to the owner or the occupant or the contractor, or to all three, as the case may warrant, and shall include in that notice: 1) a description sufficient to identify the condition and the property where the condition is located; 2) a statement of the reasons why the condition does not comply with the standards or regulations of the code; and 3) an order that the owner or the occupant or the contractor, or all three, as the case may be, take such timely action to correct the condition as is deemed necessary by the Bureau officer to achieve compliance with the standards or regulations of the code.
B. 
Dangerous or hazardous condition.
(1) 
Whenever a Bureau officer determines that a dangerous or hazardous condition exists in or on a property, he shall give written notice of that fact to the owner, occupant or other person responsible for correcting the condition and shall include in that notice:
(a) 
A description sufficient to identify the condition and the property where the condition is located; and
(b) 
An order that the owner, occupant or other person responsible for correcting the condition take such immediate remedial action to correct the condition as is deemed necessary by the Bureau officer to protect life, health, safety or property.
(2) 
When the factual circumstances are such that it cannot be determined with reasonable certainty who is the person responsible for correcting the condition, and therefore the person to whom the notice and order should apply, the following rules of construction shall be followed: In the case that the property where the dangerous or hazardous condition is located is owned by one person and occupied by another person (whether occupied under a lease, license or other type of arrangement or permission), the notice and order shall apply to the occupant, except where the order requires the making of additions to or changes in the property such as would immediately become real estate and be the property of the owner; in which case, the notice and order shall apply to the owner and not the occupant unless otherwise agreed to between the owner and the occupant.
A. 
The procedures for the service of a notice and order referred to in § 110-28 shall be those prescribed by § 110-9.
B. 
A copy of the notice and order that a condition is dangerous or hazardous shall be furnished to the Building Codes, Property Codes and Zoning Code Department for the Department's information. However, this requirement is intended to be only administrative and ministerial in nature, and the failure by a Bureau officer to comply with this requirement shall not be grounds for any action, right or liability against the Bureau officer, the Fire Prevention Bureau or the Borough.
If the order contained in the notice of a dangerous or hazardous condition is not carried out, the Bureau officer or the Borough Manager shall have authority, upon approval by Council, to correct or remove the condition, and the cost of such correction or removal shall be collected by the Borough from the person whose responsibility it was to correct the condition in the manner authorized by law for the collection of claims due the Borough.
[Amended 7-10-2006 by Ord. No. 2006-5]
Permits shall be required, shall be as indicated and the procedure for application and issuance thereof is all as set forth in Section 105, Permits, of the Fire Prevention Code.
[Amended 7-10-2006 by Ord. No. 2006-5; 7-13-2015 by Ord. No. 2015-7]
In addition to any other prohibitions set forth in this Chapter 110, Article II, and in the Fire Prevention Code, the storage of explosives and fireworks, as defined and as set forth in Chapter 56 Explosives and Fireworks, of the Fire Prevention Code, is prohibited in that area shown on Map 1 at the end of this chapter.[1]
[1]
Editor's Note: Map 1, Fire District No. 1 Boundary, is included as an attachment to this chapter.
[Amended 7-10-2006 by Ord. No. 2006-5; 1-18-2007 by Ord. No. 2007-5]
A. 
Except as provided in certain cases for processes or uses governed by the Fire Prevention Code, and except in the case of bonfires held by civic, charitable, educational or other like organizations with the approval of the Chief of the Fire Department and under the direction and supervision of the Fire Department, open fires outdoors are prohibited, and no person shall burn any grass, leaves, litter, yard or garden trimmings, rubbish or wood outdoors unless the fire is contained in an incinerator, the location and construction of which have been approved by both the Fire Prevention Bureau and the Building Codes, Property Codes and Zoning Code Department.
B. 
Requirements for location and construction of outdoor incinerator:
(1) 
An incinerator for burning grass, leaves, yard or garden trimmings, rubbish or wood outdoors shall be located not less than 15 feet from any building or structure; shall be of the non-fuel-fired type; shall have a draft-vent at the base; and shall be mounted with the firebox firmly on the ground and with no combustible or flammable material under the firebox or within two feet of the outside walls of the firebox. Branches or limbs which project into the vertical space six feet above the top of the firebox and four feet above the top of the smoke flue or smoke pipe shall be trimmed away and kept trimmed away. The horizontal grate area of the firebox shall not exceed nine square feet, and the size of the firebox shall not exceed 27 cubic feet. The walls of the firebox shall be constructed of masonry or concrete not less than four inches thick or of No. 20 United States standard gauge galvanized steel or other equivalent noncombustible, corrosion-resistant material. All bottom- or top-feed openings in the firebox shall be protected with tightly fitted doors or lids of No. 20 United States standard gauge galvanized steel or one-fourth-inch asbestos or other equivalent noncombustible, corrosion-resistant material, and the doors or lids shall be attached to the firebox with steel or metal frames, hinges and bucks. The firebox shall have a smoke flue or smoke pipe, the top of which shall be at least two feet in height above the top of the firebox. The flue or smoke pipe shall be constructed of masonry or concrete not less than four inches thick or of No. 20 United States standard gauge galvanized steel or other equivalent noncombustible, corrosion-resistant material. The flue or smoke pipe shall be equipped with a metal or steel screen mesh spark arrester at the base, the size of the mesh to be not more than 3/4 inch, and with a metal or steel screen mesh spark arrester at the top, the size of the mesh to be not more than 1/2 inch.
(2) 
Factory-built incinerator. A factory-built incinerator which does not exceed the dimensions prescribed by this Subsection B, which is manufactured of materials equivalent to the materials required by this subsection, and which has features equivalent in performance to the features required by this subsection, may be installed if its use is approved by the Fire Prevention Bureau.
C. 
Requirements for location and construction of outdoor barbecue fireplace (or similar stationary cooking stove or grilling device). The requirements for the location and construction of an outdoor barbecue fireplace (or a similar stationary, cooking stove or grilling device) shall, as nearly as practicable, be the same as the requirements for the location and construction of an outdoor incinerator.
D. 
No person shall locate, construct or operate an outdoor incinerator, outdoor fuel-burning appliance and outdoor barbecue fireplace (or similar stationary, cooking stoves or grilling device) until the proposed location and the proposed construction have first been approved by the Fire Prevention Bureau and the Building Codes, Property Codes and Zoning Code Department and the finished construction has been inspected and approved by the Fire Prevention Bureau and the Building Codes, Property Codes and Zoning Code Department. Thereafter, no permission from the Borough to operate the incinerator, outdoor fuel-burning appliance and outdoor barbecue fireplace (or similar stationary cooking stoves or grilling device) is required or necessary. However, the Chief of the Fire Department may prohibit the use of incinerators when their use under prevailing weather conditions would create a fire hazard or substantially increase the risk of fire.
E. 
Requirements and regulations for new and existing outdoor fuel-burning appliances.
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHIMNEY
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid-fuel-fired outdoor heating device, especially that part of such structures extending above a roof.
OUTDOOR FUEL-BURNING APPLIANCE
A device, including any furnace, stove or boiler, designed and constructed to burn oil, wood, coal or other fuels manufactured for placement outdoors for the heating of a structure.
(2) 
Regulations for new outdoor fuel-burning appliances.
(a) 
Any new outdoor fuel-burning appliance must have or meet the following:
[1] 
A safe flue or chimney which, subject to the regulations noted hereinafter, has a minimum termination height of 20 feet above the natural ground level upon which the appliance is located.
[2] 
A "scrubber," filter-type system or the like attached to the appliance.
[3] 
A fan or blower attached to the appliance to increase the efficiency of the appliance.
[4] 
The outdoor fuel-burning appliance must be located with due consideration to the prevailing wind condition and comply with the following:
[a] 
If located 50 feet or less to any structure not served by the outdoor fuel-burning appliance, the stack of the outdoor fuel-burning appliance shall be at least two feet higher than the eave line of said structure. If there is more than one structure not served by the outdoor fuel-burning appliance within said distance, the stack shall be at least two feet higher than the eave line of the highest structure.
[b] 
If located more than 50 feet but no more than 100 feet to any structure not served by the outdoor fuel-burning appliance, the stack of the outdoor fuel-burning appliance shall be at least 75% of the height of the eave line of that structure, plus an additional two feet. If there is more than one structure not served by the outdoor fuel-burning appliance within said distance, the stack shall be at least 75% of the height of the highest structure, plus two feet.
[c] 
If located more than 100 feet but no more than 150 feet to any structure not served by the outdoor fuel-burning appliance, the stack of the outdoor fuel-burning appliance shall be at least 50% of the height of the eave line of that structure, plus an additional two feet. If there is more than one structure not served by the outdoor fuel-burning appliance within said distance, the stack shall be at least 50% of the height of the highest structure, plus two feet.
[d] 
If located more than 150 feet but no more than 200 feet to any structure not served by the outdoor fuel-burning appliance, the stack of the outdoor fuel-burning appliance shall be at least 25% of the height of the eave line of that structure, plus an additional two feet. If there is more than one structure not served by the outdoor fuel-burning appliance within said distance, the stack shall be at least 25% of the height of the highest structure, plus two feet.
[e] 
At all times, the standard above that is the most strict shall apply.
[f] 
At all times, the stack of the outdoor fuel-burning appliance shall be at least the height of the eave line of the structure served by the outdoor fuel-burning device, plus two feet.
[g] 
At all times, the outdoor fuel-burning appliance shall be located no closer than 15 feet to any property line.
(b) 
All outdoor fuel-burning appliances shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer's instructions are stricter, in which case the manufacturer's instructions shall apply.
(c) 
Upon request, the owner of the outdoor fuel-burning appliance shall produce the manufacturer's instructions and provide a copy thereof for reference of the appropriate representatives of the Borough of Lewistown and/or the Codes Department.
(d) 
No homemade outdoor fuel-burning appliances will be allowed.
(e) 
Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer in writing may be burned in outdoor fuel-burning appliances. The burning in outdoor fuel-burning appliances of processed wood products and nonwood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves, laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and, in writing, permitted by the manufacturer is prohibited.
(f) 
A permit must be acquired prior to the installation of any outdoor fuel-burning appliance and an inspection completed prior to the operation of the subject appliance. The location and construction of such outdoor fuel-burning appliance must be approved by the Fire Prevention Bureau, the Building Codes and Property Codes Department and by the Zoning Code Department with the payment of the appropriate fees, as applicable.
(g) 
Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example, spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with the trash.
(h) 
All outdoor fuel-burning appliances may only be utilized for the sole purpose of furnishing heat to a structure and hot water only, if the outdoor fuel-burning appliance meets the requirements of this article.
(i) 
If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, the appliance must be removed and/or replaced with a new unit.
(j) 
All storage of materials being burnt in the outdoor fuel-burning appliance shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.
(3) 
Regulations for existing outdoor fuel-burning appliances.
(a) 
All outdoor fuel-burning appliances shall be operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated hereunder shall apply unless the manufacturer's instructions are more strict, in which case the manufacturer's instructions shall apply.
(b) 
Upon request, the owner of the outdoor fuel-burning appliance shall produce the manufacturer's instructions and provide a copy thereof for reference of the appropriate representatives of the Borough of Lewistown and/or the Codes Department.
(c) 
All outdoor fuel-burning appliances in existence at the effective date of this article shall have or must erect a safe flue or chimney which, subject to the regulations noted hereinafter, has a minimum termination height of 20 feet above the natural ground level upon which the appliance is located.
(d) 
All outdoor fuel-burning appliances in existence at the effective date of this article shall have or must install a "scrubber," filter-type system or the like attached to the appliance.
(e) 
All outdoor fuel-burning appliances in existence at the effective date of this article shall have or must install fan or blower to increase the efficiency of the appliance.
(f) 
All outdoor fuel-burning appliances in existence at the effective date of this article shall be subject to inspection by an authorized representative of the Borough of Lewistown and its Codes Department and shall already have, shall install or shall extend the stack thereto as follows:
[1] 
If located 50 feet or less to any structure not served by the outdoor fuel-burning appliance, the stack of the outdoor fuel-burning appliance shall be at least two feet higher than the eave line of said structure. If there is more than one structure not served by the outdoor fuel-burning appliance within said distance, the stack shall be at least two feet higher than the eave line of the highest structure.
[2] 
If located more than 50 feet but no more than 100 feet to any structure not served by the outdoor fuel-burning appliance, the stack of the outdoor fuel-burning appliance shall be at least 75% of the height of the eave line of that structure, plus an additional two feet. If there is more than one structure not served by the outdoor fuel-burning appliance within said distance, the stack shall be at least 75% of the height of the highest structure, plus two feet.
[3] 
If located more than 100 feet but no more than 150 feet to any structure not served by the outdoor fuel-burning appliance, the stack of the outdoor fuel-burning appliance shall be at least 50% of the height of the eave line of that structure, plus an additional two feet. If there is more than one structure not served by the outdoor fuel-burning appliance within said distance, the stack shall be at least 50% of the height of the highest structure, plus two feet.
[4] 
If located more than 150 feet but no more than 200 feet to any structure not served by the outdoor fuel-burning appliance, the stack of the outdoor fuel-burning appliance shall be at least 25% of the height of the eave line of that structure, plus an additional two feet. If there is more than one structure not served by the outdoor fuel-burning appliance within said distance, the stack shall be at least 25% of the height of the highest structure, plus two feet.
[5] 
At all times, the standard above that is the most strict shall apply.
[6] 
At all times, the stack of the outdoor fuel-burning appliance shall be at least the height of the eave line of the structure served by the outdoor fuel-burning device, plus two feet.
(g) 
Only natural wood, coal, heating oil, natural gas, kerosene or wood specifically permitted by the manufacturer, in writing, may be burned in outdoor fuel-burning appliances. The burning in outdoor fuel-burning appliances of processed wood products and nonwood products, household or other garbage, recyclable material, rubber tires, railroad ties, leaves, laminated wood, wet or soggy wood, painted or treated wood and any item not specifically and, in writing, permitted by the manufacturer is prohibited.
(h) 
All outdoor fuel-burning appliances may only be utilized for the sole purpose of furnishing heat to a structure and hot water only, if the outdoor fuel-burning appliance meets the requirements of this article.
(i) 
If an outdoor fuel-burning appliance is more than 50% torn down, physically deteriorated or decayed, the appliance must be removed and/or replaced with a new unit, and the new unit must comply with all of the regulations listed in § 110-33E(2) of this article.
(j) 
Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example, spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with your trash.
(k) 
All storage of materials being burnt in the outdoor fuel-burning appliance shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease-carrying rodents.
F. 
The Codes Department shall identify and register, in a book to be kept for that purpose in the Codes Department, all incinerators, outdoor fuel-burning appliances and outdoor barbecue fireplaces (or similar stationary cooking stoves or grilling devices) which have been approved as to location and finished construction.
G. 
Should the provisions of this section be inconsistent with or vary from the provisions as set forth in the Fire Prevention Code in relation to the same subject matter, the provisions of this section shall prevail, and any inconsistency shall be interpreted so that the provisions of this section shall apply.
[Amended 7-10-2006 by Ord. No. 2006-5; 7-13-2015 by Ord. No. 2015-7]
Pursuant to Sections 5704.2.9.6.1, 5706.2.4.4, and 5806.2 of the Fire Prevention Code, storage of flammable cryogenic fluids in stationary containers outside of buildings and the storage of Class I and Class II liquids in aboveground tanks outside of buildings and, generally, in aboveground tanks, is prohibited everywhere in the Borough except in the following specified districts where such is permitted:
A. 
That district comprising the area within and bounded by Fleming Avenue on the northwest, South Main Street on the northeast, Susquehanna Avenue on the southeast, and the alley between South Wayne Street and South Main Street on the southwest.
B. 
That district comprising the area within and bounded by Pannebaker Avenue on the northwest, the Route 322 Bypass on the northeast, Feeder Avenue on the southeast, and South Pine Road on the southwest.
C. 
That district comprising the area within and bounded by East Walnut Street on the southeast, Spring Street on the east, the Borough boundary line on the north, and Kishacoquillas Creek on the west.
D. 
That district comprising the area within the following boundaries: beginning at the intersection of West Hale Street and the alley parallel and immediately to the southwest of South Wayne Street; thence along that alley in a southeasterly direction to West Charles Street; thence along West Charles Street in a southwesterly direction to the unnamed alley parallel to and located between South Grand Street and South Juniata Street; thence along that alley in a southeasterly direction to Shreffler's Alley; thence along Shreffler's Alley to the unnamed alley between South Juniata Street and the U.S. Highway 22 Bypass; thence along the southwestern side of the said unnamed alley in a southeastern direction to Fleming Avenue; thence along Fleming Avenue (and as that line is projected to the U.S. Highway 22 Bypass); thence in a northerly direction along the easterly side of the said Bypass to a point where the line of West Hale Street (as projected toward the Juniata River) intersects with the Bypass; and thence along the line of West Hale Street (as projected) in a northeasterly direction to the intersection which was the point of beginning.
[Amended 7-10-2006 by Ord. No. 2006-5; 7-13-2015 by Ord. No. 2015-7]
The heavily populated or congested areas referred to in Section 6104.2 of the Fire Prevention Code, in which the storage of liquefied petroleum gases may be restricted for the protection of heavily populated or congested areas, is shown on Map 1 at the end of this chapter.[1]
[1]
Editor's Note: Map 1, Fire District No. 1 Boundary, is included as an attachment to this chapter.
Any person who believes that the Fire Prevention Bureau, a Bureau officer, the Building Codes, Property Codes and Zoning Code Department, or a Department officer has made a requirement, notice, order or decision which incorrectly interprets, administers, applies or enforces a provision, standard or regulation of the Fire Prevention Code or this article, or which inflicts unnecessary hardship upon that person, may appeal that requirement, notice, order or decision to the Board of Building Appeals in the manner and pursuant to the procedures provided in Chapter 10, Board of Building Appeals, of this Code of the Borough.
A. 
The issuance of a temporary fire prevention permit under § 110-31, the marking of a fire prevention permit with a final approval under § 110-31, or the approval of the location and construction of an outdoor incinerator or outdoor barbecue fireplace (or similar stationary cooking stove or grilling device) under § 110-33 shall not impose any liability upon the Fire Prevention Bureau, a Bureau officer, the Building Codes, Property Codes and Zoning Code Department, a Department officer or the Borough, or any other officer, official, staff member, employee or consultant of the Borough, for any injury or damage suffered or incurred by any person in connection with or arising out of: any activity, process, use, installation or place of public assembly temporarily approved or finally approved under a fire prevention permit issued or approved under § 110-31 or the operation, repair or maintenance of an outdoor incinerator or outdoor barbecue fireplace (or similar stationary cooking stove or grilling device) whose location and construction were approved under § 110-33.
B. 
If the Bureau, a Bureau officer, the Department or a Department officer acted in good faith and without malice, any act or omission by the Bureau, the Bureau officer, the Department or the Department officer in the performance of its or his duties or in carrying out its or his responsibilities or in exercising its or his powers shall not impose any liability upon the Bureau, the Bureau officer, the Department, the Department officer or the Borough, or upon any other officer, official, staff member, employee or consultant of the Borough, for any personal injury or property damage suffered or incurred by any person in connection with or arising out of the act or omission.
A. 
Fines; definition.
[Amended 7-10-2006 by Ord. No. 2006-5]
(1) 
Any person who violates any provision of this article or any provision of the Fire Prevention Code or who fails to carry out or comply with an order of the Fire Prevention Bureau or a Bureau officer shall, upon conviction of the offense, be sentenced to pay a fine of not more than $1,000 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 30 days.
(2) 
For the purposes of the imposition of the fine and costs prescribed by this Subsection A, the word "person," when applied to partnerships, firms or associations, shall mean the partners or members thereof; when applied to organizations or corporations, the officers thereof; and when applied to other entities, the officers, officials or other individuals responsible for managing the business or affairs of the entity.
B. 
Each day that an order of the Bureau or a Bureau officer is not complied with shall be deemed to constitute a new or separate offense under Subsection A and subject in all respects to the same penalty as is provided in Subsection A, and a separate prosecution may be instituted and a separate fine imposed for each offense committed after the first offense.
C. 
The imposition of a penalty under this section shall not preclude the Borough from instituting an appropriate action or proceeding to prevent, restrain, correct or abate a violation or any act, conduct, condition, work, activity, process, use, installation or occupancy which is not permitted by this article or the Fire Prevention Code, including, but not limited to, the right of the Borough to recover the cost and expense of such correction or abatement, as applicable, by the filing of a municipal claim in the manner provided by law for the collection of municipal claims or by an action in assumpsit (a civil action).