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Borough of Shillington, PA
Berks County
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[Ord. No. 1190, 8/10/2017]
1.ย 
A certain document, one copy of which is on file in the Municipal Office of the Borough of Shillington, being marked and designated as the International Fire Code, current edition, except as otherwise established in this chapter, including Appendix Chapters B, C, D, E, F, G, H and I as published by the International Code Council, be and is hereby adopted as the Fire Code of the Borough of Shillington, in the Commonwealth of Pennsylvania, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of fire code permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Borough of Shillington are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in ยงย 7-102 of this chapter.
A.ย 
Exception. There are specific sections of the International Fire Code that are adopted by the Commonwealth of Pennsylvania as part of the Uniform Construction Code (UCC). These sections are referenced through the International Building Code. The Borough's Fire Code shall adopt those sections of the International Fire Code as referenced in the Uniform Construction Code, as amended, as part of this Fire Code, and the respective sections of the current International Fire Code shall not be adopted.
2.ย 
Any conflicts noted between the two versions of the International Fire Code shall be resolved with the version noted in the Uniform Construction Code as taking precedence over the current version of the International Fire Code. Any interpretations of these sections shall be by the Borough's Fire Code Official.
[Ord. No. 1190, 8/10/2017]
1.ย 
The following sections are hereby revised:
A.ย 
Section 101.1. Insert: "Borough of Shillington."
B.ย 
Section 109.3. Delete this section and insert the following:
Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved fire permit documents or any directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a summary offense punishable by fine of not more than $1,000 or by imprisonment not exceeding 30 days, or both such fine and imprisonment.
Each day that a violation continues after due notice has been served shall be deemed a separate offense.
Section 109.3.1 Abatement of Violation. In addition to the imposition of the penalties herein described, the Fire Code Official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.
C.ย 
Section 111.4. Delete this sub-section.
[Ord. No. 1190, 8/10/2017]
1.ย 
The geographic limits referred to in certain sections of the International Fire Code are hereby established as follows:
A.ย 
Section 3404.2.9.6.1 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited): All areas of the R-1, R-2, R-3 and L-C Zoning Districts as designated on the current edition of the Borough's Zoning Map.
B.ย 
Section 3406.2.4.4 (geographic limits in which the storage of Class I and Class II liquids in above-ground tanks is prohibited): All areas of the R-1, R-2, R-3 and L-C Zoning Districts as designated on the current edition of the Borough's Zoning Map.
C.ย 
Section 3506.2 (geographic limits in which the storage of flammable cryogenic fluids in stationary containers is prohibited): All areas of the R-1, R-2, R-3 and L-C Zoning Districts as designated on the current edition of the Borough's Zoning Map.
D.ย 
Section 3804.2 (geographic limits in which the storage of liquefied petroleum gas is restricted for the protection of heavily populated or congested areas): The areas where liquefied petroleum gas is restricted shall be in accordance with the Propane and Liquified Petroleum Gas Act (35 P.S. ยงยงย 1329.1-1329.19).
[Ord. No. 1190, 8/10/2017]
All other ordinances or parts of ordinances in conflict with the above provisions are hereby repealed to the extent of their inconsistency.
[Ord. No. 1190, 8/10/2017]
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this chapter. The Borough of Shillington hereby declares that it would have passed this chapter, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
[Ord. No. 1190, 8/10/2017]
Nothing in this chapter or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in ยงย 7-104 of this chapter; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.