[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:
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(a)
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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.
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(b)
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The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
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(c)
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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.
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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:
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SECTION F-113.0 MEANS OF APPEAL
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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.
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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.
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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.
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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.
Y.
Section F-3001.2 of the code is amended to read as follows:
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F-3001.2 Permit required: A permit shall be obtained
from the code official for any of the following conditions or operations:
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(1)
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The possession, storage, sale or other disposition of explosive
materials;
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(2)
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The transportation of explosive materials;
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(3)
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The use of explosive materials;
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(4)
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The operation of a terminal for handling explosive materials;
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(5)
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The delivery to or receipt of explosive materials from a carrier
at a terminal between the hours of sunset and sunrise.
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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.
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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]
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CHAPTER 31
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FIREWORKS
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SECTION F-3101.0 GENERAL
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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:
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"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.
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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.
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F-3101.2 Prohibition and Regulation
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(a)
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The manufacture of fireworks is prohibited everywhere in the
Borough.
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(b)
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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.
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(c)
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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."
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(d)
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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).
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(e)
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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.
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(f)
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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.
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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]
