Borough of Montgomery, PA
Lycoming County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of Montgomery Borough 12-12-1995 by Ord. No. 1995-19 (Ch. IV, Part 1A, of the 1996 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 150.
A. 
BOCA National Fire Prevention Code. For the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, the Borough of Montgomery adopts as its Fire Prevention Code, The BOCA National Fire Prevention Code/1993, Ninth Edition, as published by the Building Officials & Code Administrators International, Inc. One or more copies of that code have been placed on file in the office of the Borough Secretary, and will remain on file there. That entire Fire Prevention Code, as affected by the deletion, amendment or modification of certain portions in the following sections and subsections of this chapter, is adopted, and is incorporated into the Borough's Code. From the date on which this chapter takes effect, the provisions of that Fire Prevention Code, as affected by this chapter, shall be in effect within the corporate limits of the Borough of Montgomery. In this chapter, the BOCA National Fire Prevention Code may be referred to as "the code" or "this code."
B. 
Amendments and changes in the published Fire Prevention Code. All amendments, changes, additions and deletions in the published 1993, Ninth Edition of the Fire Prevention Code referred to in Subsection A of this section, as made by the publisher of the code and transmitted to the Borough, prior to publication of a new edition of the code, shall be considered as part of this chapter and effective in the Borough, provided that copies of the publisher's changes and modifications are kept on file in the office of the Borough Secretary, preferably with notations of those changes made by the fire official of the Borough in the proper and pertinent places in the file copies of the published Fire Prevention Code referred to in Subsection A of this section. When any complete new edition of the published code, usually issued at three-year intervals, becomes available to the Borough, that edition may be adopted by the Borough in place of the ninth or later edition, by ordinance, either by amendment of this chapter or by enactment of a complete, self-contained ordinance, serving to adopt the new edition and to make necessary changes in the material comprising § 204-2 of this chapter.
The code is amended and modified in the following respects:
A. 
Wherever the words "name of jurisdiction" appear in brackets in the Code, the words "Borough of Montgomery" shall be inserted in place of those bracketed words. Likewise, the words "Borough of Montgomery" shall be substituted for the word "jurisdiction," where the latter word appears singly in the code, without being prefaced by the words "under the."
B. 
The term "chief appointing authority of the jurisdiction" and the term "chief authority of the jurisdiction," as used in the code, shall mean the Borough Council.
C. 
The term "chief administrative officer," as used in the code, shall mean the Borough Solicitor.
D. 
The term "legal counsel of the jurisdiction" shall mean the Borough Solicitor.
E. 
The term "code official" shall mean the Code Enforcement Officer of Montgomery Borough, the Police Chief, or the Fire Chief of the Borough, who, in this capacity, may be referred to as the "Fire Marshal," and the term shall also include a duly authorized representative of the code official or Fire Marshal.
F. 
The word "department," as used in this code, shall mean the code official in his official capacity under this code, and any of his subordinates in the performance of functions under this code.
G. 
Section F-101.1 of the Code is amended to read as follows:
F-101.1 Title: These regulations shall be known as the Fire Prevention Code of the Borough of Montgomery hereinafter referred to as "this code."
H. 
The following new section shall be added directly after Section F-102.3 of the code:
F-102.4 Validity of other laws, regulations and ordinances: Nothing in this code shall be construed to prevent the enforcement of other laws, state regulations and ordinances of this Borough which prescribe more restrictive or stricter requirements or limitations. When any provision specified in this code for health, safety and welfare is more restrictive than other provisions, this code shall control; but, in any case, the most rigid requirements of either this code or other laws, regulations or ordinances shall apply whenever they may be in conflict.
I. 
Section F-104.2 of the code is amended to read as follows:
F-104.2 Modifications: When there are practical difficulties involved in complying with any provision of this code, and upon application in writing by the owner of the property involved, or his representative, which application shall be kept on file in the office of the Borough Secretary, the code official shall have power to authorize modifications of specific provisions and requirements of this code. Such modifications may involve alternative methods or materials, or other types of modifications. Such authorization shall be granted where there are practical difficulties in the way of carrying out the strict letter of the code, providing that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of every such modification, when granted or allowed, and the decision of the code official on the matter shall be submitted to Council and kept on file with the Borough Secretary, and a signed copy shall be furnished to the applicant.
J. 
Section F-104.2.1 of the code is deleted since its provisions, with minor modifications, are included in Section F-104.2 as amended in Subsection I of this section.
K. 
Section F-105.1 of the code is amended to read as follows:
F-105.1 Enforcement officer: It shall be the duty and responsibility of the code official to enforce the provisions of this code.
L. 
Section F-105.2 of the code shall be deleted.
M. 
Section F-105.5 of the code is amended to read as follows:
F-105.5 Restriction of employees: An official or employee connected with the enforcement of this code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a structure, to which any part of the code applies, or the preparation of construction documents thereof, unless that person is the owner of the structure; nor shall any such officer or employee engage in any work which conflicts with official duties or with the interests of the department.
N. 
Section F-106.6 of the code is amended to add the following provision at the end of the section:
Provided: Borough Council shall have authority, at its discretion, to abrogate any rule or regulation, or part thereof, in which case that rule, regulation or part shall cease to be in effect in the Borough.
O. 
Section F-107.2 of the code is amended to read as follows:
F-107.2 Permits required: Permits shall be issued by the Code Enforcement Officer, and shall at all times: a) be kept on the premises designated on the permit; and b) be available for inspection by the code official or other authorized representative. Provided: no permit need be obtained from the Borough under this section where a license or permit is required by law or departmental regulation of the Commonwealth of Pennsylvania, and where a valid state license or permit is in the possession of the person desiring to engage in the precise activity authorized by the state license or permit.
P. 
Section F-107.2.1 of the code is amended to read as follows:
F-107.2.1 Application for permit: Application for a permit required under this code shall be made to the Borough Secretary on a form provided by the Borough. Every application shall be accompanied by the permit fee that is provided for in Section F-197.8 and shall also be accompanied by the construction documents as required by the code official for evaluation of the application. After investigation and approval by the code official, he shall authorize issuance of the permit.
Q. 
Section F-107.8 of the code is amended to read as follows:
F-107.8 Permit fee: The fee for every permit issued by the Borough under this code, which shall be for the use of the Borough, shall be in accordance with the fee schedule adopted by resolution of Borough Council from time to time, pursuant to Section 2(13) of Ordinance No. 1995-16 adopting the BOCA National Building Code, 1993 Edition. No permit shall be issued until the permit fee has been paid to the Borough.
R. 
Section F-111.2 of the code is amended to read as follows:
F-111.2 Unlawful continuance: Any person who refuses to leave, interferes with the evacuation of other occupants or continues any operation after having been given an evacuation order, except such work as that person is directed to perform to remove an unsafe condition, shall be guilty of a violation of this code.
S. 
Section F-112.2 of the code is amended to read as follows:
F-112.2 Failure to correct violation: If the notice of violation is not complied with within the time specified by the code official, the code official shall report that fact, in writing, to the Mayor and to Borough Council. The Mayor may then direct the Police Department of the Borough to make any arrests for any offense against this code or order of the code official affecting the immediate safety of the public, and Council may direct the Borough Solicitor to institute the appropriate legal proceedings to restrain, correct, or abate the violation, or to require removal or termination of the unlawful occupancy of the building or structure in violation of any provision of this code or of any order or direction made under this code.
T. 
Section F-112.3 of the code is amended to read as follows:
F-112.3 Penalty for violation:
(a)
Any person who violates or fails to comply with any provision of this code, or who violates or fails to comply with any order issued under this code, or who builds in violation of any detailed statement of specifications or plans submitted and approved under the terms of this code, or any certificate or permit issued under this code, and from which no appeal was taken, or who fails to comply with any such order as affirmed by the Board of Appeals, or by a court of competent jurisdiction, within the time fixed therein, shall be guilty of a violation of this code and, upon conviction, shall be sentenced to pay a fine of not less than $50 nor more than $1,000, and costs of prosecution and, in default of payment of fine and costs, to undergo imprisonment for not more than 30 days. Provided: the imposition of one penalty for any violation shall not excuse that violation or permit it to continue, and all such persons shall be required to correct or remedy that violation or defect within a reasonable time, and when not otherwise specified, each 10 days that any prohibited condition is maintained shall constitute a separate offense.
(b)
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(c)
If, at the expiration of the time limit for correction of the listed violations, satisfactory remedial action has not been taken and no exception has been filed to request consideration of the order by the Board of Appeals, such further action shall be initiated by the Borough as provided for by law, specifically including the power of the Borough to cause such remedial action to be commenced and/or completed by the Borough and the costs thereof and expenses incurred therewith, with a penalty of 10%, be collected from the owner of the property by action of assumpsit or by lien; provided, however, the recovery of the costs and expenses, together with the penalty, may be in addition to the penalty imposed as provided for in this section.
U. 
Section F-113.0 of the code, "Means of Appeal," and all subsections of that section, being Sections F-113.1 through F-113.7, are deleted, and the following new Section F-113.0 is substituted for the deleted material:
SECTION F-113.0 MEANS OF APPEAL
F-113.1 Right of appeal: Any person shall have the right to appeal a decision of the code official to the Board of Appeals provided for in Section F-113.2. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better method of fire prevention is used. The application shall be filed on a form obtained from the code official within 20 days after the notice was served.
F-113.2 Board of Appeals: A Board of Appeals, which shall be composed of the Borough Council, being the same membership as the Board of Appeals serving under and for the building code, is hereby established to have the duty, responsibility, and authority to decide the matters referred to it under this code. Appeals shall proceed in the same manner and subject to the same limitations and procedures as prescribed in the building code for appeals from the orders and decisions of the code official under that code. The appeal shall be filed with the Borough Secretary, in writing, within 30 days of the rendition of the order or decision of the code official being appealed from.
F-113.3 Records: The Borough Secretary shall serve as Secretary of the Board of Appeals and, in the absence of the Secretary, the Assistant Secretary shall serve. The minutes of each meeting of Council, serving as the Board of Appeals, shall clearly state the basis for each decision made by the Board.
V. 
Section F-311.1 of the code is amended to read as follows:
F-311.1 Designation: The Fire Chief, in his capacity as Fire Marshal, shall require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus for the purpose of providing egress for occupants of buildings in the vicinity.
W. 
The following new section is added directly after Section F-311.3:
F-333.4 Prosecution for illegal parking in fire lanes: Prosecution of persons parking illegally in fire lanes shall be in the manner prescribed by the Vehicle Code of Pennsylvania, and in the section of the Borough's traffic and parking ordinance prescribing the penalty for parking in locations along the streets where parking is prohibited at all times.
X. 
Section 403.0 on open burning, and its Subsections 403.1 through 403.8.2, are deleted, and it is directed that open burning in the Borough be governed and regulated by Ordinance No. 1981-1, as amended.[1]
[1]
Editor's Note: See Ch. 133, Burning, Open, of the Montgomery Borough Code.
Y. 
Section F-3001.2 of the code is amended to read as follows:
F-3001.2 Permit required: A permit shall be obtained from the code official for any of the following conditions or operations:
(1)
The possession, storage, sale or other disposition of explosive materials;
(2)
The transportation of explosive materials;
(3)
The use of explosive materials;
(4)
The operation of a terminal for handling explosive materials;
(5)
The delivery to or receipt of explosive materials from a carrier at a terminal between the hours of sunset and sunrise.
Provided: No permit need be obtained from the Borough under this section where a license or permit is required by law or departmental regulation of the Commonwealth of Pennsylvania, and where a valid state license or permit is in the possession of the person desiring to have, keep, use, store or transport explosive materials.
Z. 
Section F-3003.1 of the code is amended to read as follows:
F-3003.1 Manufacturing: The manufacture of any explosive material in any quantity is prohibited everywhere in the Borough unless that manufacture is authorized by a federal license and is conducted in accordance with recognized safety practices. Provided: This prohibition does not apply to hand loading of small arms ammunition prepared for personal use and not for resale.
AA. 
Section F-3003.2 of the code is amended to read as follows:
F-3003.2 Storage: The storage of explosive materials is prohibited everywhere in the Borough, except for temporary storage utilized in connection with approved blasting operations. Provided: This prohibition shall not apply to wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive-actuated power tools in quantities involving less than 500 pounds (277 kg) of explosive material.
BB. 
Chapter 31 of the code, Fireworks, and all sections and subsections contained in that chapter (Sections F-3101.1 through F-3103.6) are deleted and the following new chapter and section are substituted therefor:
[Amended 2-19-2019 by Ord. No. 2019-1]
CHAPTER 31
FIREWORKS
SECTION F-3101.0 GENERAL
F-3101.1 Definition: For the purpose of this chapter, and as stated elsewhere in the code, the word "fireworks" shall have the following meaning:
"Fireworks" include any combination of explosive composition, and any substance and combination of substances and articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation. Fireworks shall include: blank cartridges, toy pistols, toy cannons, toy canes and toy guns in which explosives are utilized, balloons requiring fire underneath to propel the balloon, firecrackers, torpedoes, skyrockets, Roman candles, sparklers and other devices of similar construction, any device containing any explosive or flammable compound, and any tablets and other devices containing any explosive substance.
The term "fireworks" shall not include automobile flares, paper caps containing not more than an average of .25 grain (16 mg) of explosive content per cap, and toy pistols, toy canes, toy guns and other devices utilizing such caps. The sale and utilization of the types of explosive devices listed herein which are not considered fireworks shall be permitted at all times.
F-3101.2 Prohibition and Regulation
(a)
The manufacture of fireworks is prohibited everywhere in the Borough.
(b)
As a result of the foregoing recitals, which are incorporated herein, it shall be unlawful for any person to ignite or discharge consumer fireworks, as defined under 72 P.S. § 9401 et seq., on the streets of the Borough of Montgomery, the sidewalks of the Borough of Montgomery, or any property owned by the Borough of Montgomery, including, without limitation, all of the Borough's parks and public buildings.
(c)
It shall be unlawful to ignite, discharge, light, fly, release into the atmosphere, or otherwise use an aerial luminaire in the Borough corporate limits. As used herein, "aerial luminaire" shall mean, and refer to, an airborne paper lantern containing a fuel source that heats air from inside the lantern causing the lantern to rise into the air and remain airborne until the heat source is not sufficient to cause it to remain airborne at which point it descends until it comes to rest in a tree, in vegetation, or on the ground or it comes in contact with other objects which stop its descent. For purposes of further identification, aerial luminaires are commonly sold by vendors as a "sky lantern," "Chinese sky lantern," "Hawaii sky lantern," "Kongming lantern," "flying lanterns," "floating lanterns," "sky candles;" and/or "wish candles."
(d)
No fireworks of any variety, whether consumer fireworks, display fireworks, combustible substance, or other explosive product, shall be ignited within the Borough corporate limits between the hours of 11:00 p.m. (Eastern standard time) and 8:00 a.m. (Eastern Standard Time).
(e)
The storage of consumer fireworks and display fireworks, as defined under 72 P.S. § 9401 et seq., shall be prohibited everywhere in the Borough corporate limits except for temporary storage in advance of, during and in connection with supervised public display of fireworks; and, for that purpose, a permit shall be obtained from the Council; that permit shall clearly specify the place where the fireworks shall be stored, shall limit and state the period of time in advance of the supervised public display when the fireworks shall be so stored, and shall require and provide for the supervision over the removal of any unexploded fireworks remaining after the supervised public display. In all other respects, supervised public displays of fireworks shall be governed by the State Fireworks Law (72 P.S. §§ 9401 to 9416, as amended) and by regulations adopted by Council under that law.
(f)
It shall be unlawful for any person or entity to offer for sale, expose for sale, or sell at retail any consumer fireworks or display fireworks in the Borough corporate limits, unless such person or entity has received a permit from Borough Council for such sale. Application for permits shall be made, in writing, to the Borough Secretary at least 60 days in advance of the date the person or entity desires to sell such consumer fireworks or display fireworks, setting forth the proposed location of the sale location and the name and address of the operator for such location. All applicants shall pay to the Borough Treasurer the sum of $50 before issuance of a permit.
In interpreting any of the provisions of the code hereby adopted, the following principles shall be governing:
A. 
The said code shall not supersede any provision of any law of the Commonwealth of Pennsylvania or of any regulation promulgated by any department or agency of the commonwealth by authority of law, where such law or regulation is in conflict with or identical to a provision of the said code. Provided, however, any provision of the said code that is stricter than or in addition to any state law or regulation governing a particular subject or activity shall be in effect and shall be enforced within the Borough of Montgomery, subject to the penalties prescribed in the code.
B. 
Mention in or regulation by the code hereby adopted of any specific use of property, or of any business or industry, shall not in itself authorize such use of property or the establishment or carrying on of any such business or industry in the Borough. It is hereby declared that the intent of the Borough Council is that permitted and prohibited uses of property in the Borough shall be governed by the Borough's Zoning Ordinance, its amendments and supplements.[1]
[1]
Editor's Note: See Ch. 475, Zoning, of the Montgomery Borough Code.