Borough of Darby, PA Fire Prevention

[1]

Editor's Note: This ordinance also provided for the repeal of former Ch. 74, Fire Prevention, adopted 11-9-1970 by Ord. No. 501, approved 11-9-1970, as amended.

The BOCA National Fire Prevention Code is amended and changed in the following respects:

In Section F-101.1, second line, insert "Borough of Darby."

Delete Section F-105.2 and F-105.3 and insert the following:

F-105.2 Appointment: The Fire Marshal and Assistant Fire Marshal shall be appointed by the Borough Council of Darby Borough and shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.

In Section F-105.4, remove the words "Code Official" and replace with "Fire Marshal."

Add Section F-106.1.1 to read as follows:

F-106.1.1 Enforcement Officer: It shall be the duty and responsibility of the duly appointed Fire Marshal or his duly authorized representative, to enforce the provisions of the Fire Prevention Code as herein set forth.

Add a new Section F-106.1.2 to read as follows:

F-106.1.2 Fire lane enforcement: Fire lane or other traffic regulations shall be enforced by the Fire Marshal or his duly authorized representative or any Borough police officer.

Add new Section F-107.2.4 to read as follows:

	F-107.2.4 Fee schedule: A fee schedule for plan examination, sprinkler review and permit, tank installation and removal, etc., registration and inspection shall be paid in accordance with a resolution adopted by Borough Council.
	1.	Third-party approved testing agency inspection fees shall be paid by the applicant or owner of the property and not the Borough.
	2.	Double fees. Any owner or owner-authorized representatives commencing work without first obtaining a permit shall be subject to double the permit fees as described in Section 107.2.4.
	3.	Permit limit. No person, firm or corporation will be issued additional permits if such company has more than four open permits existing at one time at one location or 10 open permits at any one time. Applicants for permits under this code shall pay to the Borough, at the time of application, the fees set forth on the fee schedule. A permit shall not be issued until the designated fees have been paid.
	4.	The construction documents for new construction, alterations, repairs, expansion, additions or modifications for any fire-protection system shall be prepared by a registered design professional. The construction document shall include the name and address of the registered design professional and shall be signed, sealed and dated by the registered design professional.

Delete Section F-112.3 and insert the following section to read as follows:

F-112.3 Penalty for violations: Any person who shall violate a provision of this code or who shall fail to comply with any order of the Fire Code Official issued pursuant hereto or who shall use, erect, construct, alter or repair a building or structure in violation of an approved plan or of a directive of the Fire Code Official or of a permit or certificate issued under the provisions of this code shall be liable, upon summary conviction, to fines and penalties of a minimum of $100 and not more than $1,000 and/or imprisonment of not more than 30 days, as provided in the appropriate court for each offense. Each day that a violation continues, after service of notice as provided for in this code, shall be deemed a separate offense.

Section F-113.0, Means of Appeal, is changed by the deletion of the following sections or subsections in their entireties: F-113.2, F-113.2.1, F-113.2.2 and F-113.6; the addition of new Sections F-113.2, F-113.6 and F-113.6.3; and the amendment of Sections F-113.2.6, F-113.5 and F-113.6.1 to read as follows:

F-13.2 Membership of Board: The Board of Appeals shall be known as the "Appeals Board" and shall be comprised of three persons, appointed by the Borough of Darby Council, with alternating terms.

F-113.2.6 Compensation of members: Compensation of members shall be determined by the Borough of Darby Council.

F-113.5 Postponed hearing: Remove "five" and insert "three."

F-113.6 Board decision: The Appeals Board shall affirm, modify or reverse the decision of the Chief Code Official by a majority vote of three members. Where only two members are present at the hearing, the Board shall concur, modify or reverse the decision only by a unanimous vote of said two members; otherwise, the Chief Code Official's decision shall be binding upon the Board and the appellant.

F-113.6.1 Resolution: The decision of the Board shall be by resolution. Copies shall be furnished to the appellant and the Chief Code Official and Fire Marshal.

F-113.6.3 Alternative appeal: The alternative appeal process would be for a formal interpretation from the Building Officials and Code Administrators (BOCA). The written request is required to be approved by the Board of Appeals prior to being sent to BOCA. BOCA's formal written interpretation is binding on both the appellant and the Borough.

Add new Sections F-114.0, 114.1, 114.2 and 114.3 to read as follows:

F-114.0 Fire control: Fire control measures and regulations governing conditions which could impede or interfere with fire suppression forces.

F-114.1 Blocking fire hydrants and Fire Department connections: It shall be unlawful to obscure from view, damage, deface, obstruct or restrict access to any fire hydrant or any Fire Department connection for the pressurization of fire suppression systems, including fire hydrants and Fire Department connections located on public or private streets and access lanes or on private lanes.

F-114.2 Hydrant use approval: A person shall not use or operate any fire hydrant intended for the use of the Fire Department for fire-suppression purposes, unless such person first secures a permit for such use from the Fire Marshal or Fire Chief and from the water company having jurisdiction thereof.

F-114.3 Interference with Fire Department operations: It shall be unlawful to interfere with, attempt to interfere with, conspire to interfere with, obstruct or restrict the mobility of or block the path of travel of any Fire Department emergency vehicle in any way, or to interfere with, attempt to interfere with, obstruct or hamper any Fire Department operation.

Add a new Section F-115.0, Registration, to read as follows:

	F-115.1 Registration: All applicants are required to comply with the registration requirements outlined in the Borough of Darby Building Code Sections 123.0 through 123.17.[1] The amount established may be modified by resolution of Council and set forth in the Borough Fee Schedule.
	1.	Fire-protection contractor. All extinguisher repair, sprinkler and tank repair or removal contractors shall pay a registration fee of $40 per year.
	2.	Maintenance contractors. All persons performing minor repairs or maintenance of a fire-protection system as a property investor or employee of an owner, institution or commercial or industrial establishment shall pay a registration fee of $40 per year.
	3.	Registration of third-party inspection or testing agencies. All persons performing independent or private inspection or testing shall pay a registration fee of $40 per year. The Chief Code Official may remove any private third-party inspection or testing agency found to have repeatedly inspected improperly or fraudulently. The agency may appeal to the Council if it feels it has been removed unjustly.

[1]

Editor's Note: Former Ch. 53, Building Construction, was superseded 7-7-2004 by Ord. No. 706. See now Ch. 59, Uniform Construction Codes.

Section F-202.0, General Definitions, is amended to add new definitions to read as follows:

Estimated cost: The total cost of the work being performed and paid according to contract or agreement. The cost shall include, but is not limited to, all labor, service, material, equipment (not portable equipment), profit and overhead of projects requiring a permit.

Ordinary repairs: Routine maintenance items, including but not limited to refinishing, painting, papering, carpeting, patching holes, replacing glass panels or screens (not to exceed four feet by four feet), replacement of electrical devices, switches, receptacles, fuses, washers, valve stems, handles, filters and patching or sealing roofs (not hot coating) using material from a five-gallon container or other similar maintenance items.

Permit fee: The permit fee is based on the total cost of work being performed as described in the definition of "estimated cost."

Portable equipment: Any equipment that does not require bolting down, structural support, attachment to track or other type system or direct connection to a ceiling, electrical, exhaust, floor, water or other system (i.e., equipment such as but not limited to self-contained refrigerators, freezers, filing cabinets, chairs, desks, self contained cabinets, freestanding shelving, etc.).

Reinspection: When a request for a required inspection or violation notice is performed and fails on the reinspection, a reinspection fee will be charged for the third inspection and/or each additional inspection made, until the violation or inspection passes or has been approved.

Delete Section F-308.4 and insert the following:

F-308.4 Unvented fuel-fired heating appliances: Unvented fuel-fired space-heating appliances designed for portable use shall be prohibited in Use Groups A, B, E, I-1, I-2, M, H, R-1, R-2, any rental unit or owner-occupied structure with a rental unit or where flammable liquids are being used.

Delete Section F-403.3 and add the following:

F-403.3 Open burning shall be prohibited: Open burning of such items as grass, leaves, branches, garbage, tires, trash and/or debris shall be prohibited. The Fire Marshal may allow open burning for wildlife management practices approved by the Department of Environmental Protection, for prevention or control of disease or pests and for providing heat for outside workers if the temperature is below 25° or heat is needed for construction material in cold weather, or a bonfire for ceremonial purposes.

Delete Section F-503.4.2 and add a new section:

F-503.4.2 Power source: The power source for smoke detectors shall be an AC primary power source with a monitorized battery backup.

Add new Section F-610.6 to read as follows:

F-610.6 Exit signs required: All use groups except Use Groups R-3 and R-4 buildings or structures shall have internally illuminated exit signs over all required egress doors, egress corridors and egress exits.

Add new Section F-610.7 to read as follows:

F-610.7 Emergency lights: All use groups except Use Groups R-3 and R-4 buildings or structures are required to have an emergency lighting system. Emergency lighting systems shall light egress and egress access areas and be capable of continued illumination of not less than one hour in case of an emergency or primary power loss.

Add to Section F-3205.7, after last sentence, the following, to read as follows: "Nozzles shall not have a latch or locking device attached which allows the operator to leave nozzle while filling."