[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.
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.
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.
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)
CHIMNEY
OUTDOOR FUEL-BURNING APPLIANCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
H.
Public demonstrations.
[Added 3-8-2023 by Ord.
No. 2023-1]
(1)
Any person desiring to conduct a public demonstration involving the
burning of flags or other items in the Borough of Lewistown shall
make application to the Borough office for a permit therefor on a
form made available by the Borough for such purpose. No fee shall
be charged to make such application.
(2)
The Borough shall decide any application for issuance of a permit
for any demonstration involving the burning of a flag or other item
for the proposed date if application is made therefor at least two
business days immediately preceding the date of the proposed demonstration.
(3)
Any permit as issued shall be subject to the following terms:
(a)
The permittee must ensure that an operable fire extinguisher
will be present at the proposed demonstration at all times.
(b)
No permittee shall burn a flag or other item exceeding four
feet by six feet in area.
(c)
No permittee shall burn any item except directly in a burn container.
A burn container is defined as any noncombustible container or enclosure
used to dispose of materials through burning which does not contain
holes greater than one inch and which is covered by a wire mesh or
other noncombustible cover to prevent fly ash from escaping into the
atmosphere.
(d)
No permittee shall leave the scene of a demonstration without
ensuring that any fire started as part of the demonstration has been
fully extinguished.
(4)
Penalties. Any person who violates any provision of this subsection
shall be sentenced:
(a)
Upon the conviction of a first violation, to pay a fine of not
less than $100 nor more than $500 and costs of prosecution and, in
default of payment of such fines and costs, to imprisonment for not
more than 30 days.
(b)
Upon conviction for second or subsequent violation, to pay a
fine of not less than $500 nor more than $1,000 and costs of prosecution
and, in default of payment of such fines and costs, to imprisonment
for not more than 90 days.
(c)
Each day that a violation continues after notice of the violation
has been served shall be deemed to be a separate offense.
(5)
Enforcement. The provisions of this subsection shall be enforced
by the Lewistown Police Department or by civil action or both as the
Borough may elect.
[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).
