[HISTORY: Adopted by the Borough Council of the Borough of
Bath 6-1-1998 by Ord. No. 520 (Ch. 87, Art. II, of the 2005 Code of Ordinances). Amendments
noted where applicable.]
The portions of a certain Fire Prevention Code as more fully
identified below, two copies of which are on file in the office of
the Borough Manager of the Borough of Bath, being marked and designated
as the "BOCA National Fire Prevention Code, Tenth Edition, 1996,"
as published by the Building Officials and Code Administrators International,
Inc., are hereby adopted as the "Fire Prevention Code of Borough of
Bath" in the Commonwealth of Pennsylvania; for the control of operations
as herein provided; and each and all of the regulations, provisions,
penalties, conditions and terms in the chapters identified below of
said BOCA National Fire Prevention Code/1996 are hereby referred to,
adopted, and made a part hereof, as if the same were fully set out
in this article, together with the additions, insertions, deletions,
and changes, as prescribed in § 310-12 of this article:
The above-referenced portions of the BOCA National Fire Prevention
Code/1996 shall be completed, amended and changed in the following
respects:
A.
Chapter 1, Administration:
(1)
Section F-101.0 General, Section F-101.1 Title (Page 3): insert the
"Borough of Bath" for "[NAME OF JURISDICTION]."
(2)
Section F-107.0 Permits, Subsection F-107.2 Permits Required, F-107.2.3
Permits (Page 5): delete the printed text, and replace it with the
following:
"Permit requirements, and the fee for said permits and inspections,
shall be as shown on the accompanying Table F-107.2.3 Permit Requirements"
(from Page 6 of the above-referenced BOCA National Fire Prevention
Code/1996, Tenth Edition)."
(3)
Section F-112.0 Violations:
(a)
Subsection F-112.2 Failure to Correct Violations (Page 8): add
the following sentence at the end:
"The code official shall be empowered to issue citations, notices
of violation, and orders to comply, for any violation of or offense
against this code."
(b)
Subsection F-112.3 Penalty for Violations (Page 8): delete the
printed text, and replace it with the following:
"Any person who violates any of the provisions of this code,
or who fails to comply with any order issued pursuant to any section
thereof, shall be liable for a civil penalty, upon a finding and judgment
to that effect by the Magisterial District Judge or any other court
of competent jurisdiction. The amount of such a civil penalty shall
be not less than $100, nor more than $1,000 for each such violation;
plus the costs of filing the legal action, and together with reasonable
attorney's and expert witness fees incurred by the Borough of
Bath in the action. Each day that any violation is found to have continued
shall be deemed to be a separate violation, and as such, subject to
separate civil penalties."
(4)
Section F-113.0 Means of Appeal (Pages 8 - 9):
(a)
Delete the printed text of Subsection F-113.1 Application for
Appeal: (Page 8), and replace it with the following:
"F-113.1 Application for Appeal: Any person who
is affected by a decision of the code official, or a notice or order
issued under this code, shall have the right to appeal said decision,
notice, or order to the Board of Appeals that is established by this
code. Provided, that the appeal shall be filed in writing with the
Borough Manager within 20 days after the aforesaid decision, notice,
or order was issued. The appeal shall be based on a claim that either:
the true intent and purposes of this code or the rules legally adopted
or applied hereunder have been incorrectly interpreted; the provisions
of this code do not fully apply; or the requirements and purposes
of this code are adequately satisfied by other means."
(b)
Delete printed Subsection F-113.2 Membership of Board (Page
8), through and including Subsection F-113.7 Court Review (Page 9),
and replace them with the following:
"Subsection F-113.2 Board of Appeals: The Borough
Council of the Borough of Bath shall be authorized, directed, and
empowered to serve as the Board of Appeals for and under this code.
The membership of the Borough Council and its procedures for all appeals
under this code shall be the same as for "Conditional Use" applications
before the Borough Council under the Zoning Ordinance of the Borough
of Bath[1], and the Pennsylvania Municipalities Planning Code ("MPC")[2], as each may be amended from time to time. At the conclusion
of the appeal, the code official shall take immediate action in accordance
with the decision of the Board of Appeals."
(c)
"Subsection F-113.3 through Subsection F-113.6: "(Reserved for
future use)"
(d)
Subsection F-113.7 Court Review (Page 9): delete the existing
printed text, and replace it with the following:
"All further or subsequent appeals from any decision or determination
by the Borough Council under this code, acting and functioning as
the Board of Appeals under this code, shall be to the Northampton
County Court of Common Pleas, pursuant to the Pennsylvania "Local
Agency Law, specifically "Chapter 7-Judicial Review, Subchapter B.
- Judicial Review of Local Agency Action", Section 751, et seq. which
is codified at Title 2 of Purdon's Pennsylvania Consolidated
Statutes Annotated, Section 751 (2 Pa.C.S.A. § 751) et seq.,
as amended from time to time."
B.
Chapter 30, Explosives, ammunition and blasting agents.
(1)
Section F-3001.0 General (Pages 121 - 122), delete printed Subsection
F-3001.3 Bond Required for Blasting (Page 121), and replace it with
the following:
"Subsection F-3001.3 Insurance Requirements for Blasting: Before any approval for blasting is issued, the applicant for approval
shall submit a "Certificate of Insurance," and supporting documentation
for that insurance as, set forth below, to the code official. No approval
for blasting shall be issued or shall become effective until the code
official has been satisfied that these requirements have been complied
with and fulfilled."
"F-3001.3.1 Insurance Coverages: The applicant
shall provide and maintain in force at all times during the blasting
operations (including preparation and clean-up) the following insurance
coverages, at minimum:
F-3001.3.1.1 Worker's Compensation: Statutory
minimums.
F-3001.3.1.2 Commercial General Liability: $1,000,000
per occurrence, $1,000,000 aggregate, but with an endorsement waiving
the aggregate limit to be applicable in total to this project. "XCU"
(Explosion, Collapse, Underground) coverage for property damage shall
be included, and those endorsements shall be specifically noted.
F-3001.3.1.3 Umbrella: $5,000,000 aggregate.
F-3001.3.1.4 Basis/Timing of Coverage: All policies
shall be written on the "occurrence" basis."
F-3001.3.2 Certificate of Insurance: The applicant
shall submit, on or before approval of the application and issuance
of a permit, a "Certificate of Insurance" that complies with the following
requirements:
F-3001.3.2.1: The "Borough of Bath" shall be shown
as both a "Certificate Holder" and as an "Additional Insured."
F-3001.3.2.2: The Certificate of Insurance shall
be dated or issued within 10 days before its submission to the code
official. Furthermore, the Certificate shall provide that the insurance
policies which are shown on that Certificate shall not be cancelled
or materially modified without providing 30 days' prior written
notice to the Certificate Holder, the Borough of Bath."
F-3001.3.3 Insurance Company Qualifications: Before
any permit for blasting is issued or becomes effective, the applicant
(or its insurance broker) shall submit written documentation that
each of the insurance companies, which is providing one or more of
the coverages required by Subsection F-300 1.3 Insurance Requirements
for Blasting of this code, complies with each of the following requirements:
F-3001.3.3.1: Rated "A" or better by the A.M. Best
Company's Insurance Services Office, or an equivalent rating
by Moody's, Standard & Poor's, or any other well-accepted
insurance company rating service.
F-3001.3.3.2: Size classification of "IX" or larger
by Best's Insurance Services, Inc., or an equivalent rating by
Moody's, Standard & Poor's, or any other well-accepted
insurance company rating service.
F-3001.3.3.3: Authorized and licensed to issue
and underwrite that type of insurance coverage in Pennsylvania by
the Pennsylvania Commissioner of Insurance.
F-3001.3.3.4: "Admitted" to the Pennsylvania Insurance
Guarantee Fund.
F-3001.3.3.5: Documentation of compliance with
these requirements may consist of a letter from the applicant's
insurance broker or company that specifically mentions and certifies
compliance with these requirements; legible copies of the most recent
issue of "Best's Insurance Manual," or equivalent; legible copies
of documents issued by official agencies (such as the Pennsylvania
Commissioner of Insurance), which copies are certified by that agency
to be true, correct, complete, and still in force; or any other form
of writing or documentation that is acceptable to the code official
or to the Borough Manager."
F-3001.3.4 Modifications and Waivers: The code
official and the Borough Manager, acting jointly, shall be authorized
and empowered to modify one or more of the foregoing requirements
(including making them more stringent) or to waive them, for good
cause shown, upon a written recommendation to that effect from either
the Borough Engineer or the Borough's insurance adviser.
(2)
Section F-3003.0 General Requirements (Page 123), Subsection F-3003.2
Storage (Page 123): delete the existing printed text, and replace
it with the following:
"The limitations established by law as the limitations of the
district, where storage of explosive materials is prohibited, shall
be and hereby are established, as the entire Borough of Bath, within
its corporate, political, and geographic boundaries; but subject to
the two "Exceptions" as set forth below (relating to temporary storage
for approved blasting operations, and small stocks of ammunition and
for explosive-actuated power tools)."
(3)
Section F-3009.0 Blasting (Pages 129 - 130), Subsection F-3009.7
Notice (Page 129): delete the existing printed text, and replace it
with the following:
"The applicant shall comply and conform with the notification
procedures as set forth below:
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F-3009.7.1. "One-Call System": Before submitting
an application for a permit under this code, the applicant shall follow
and comply with inquiry and notification procedures to all of those
utilities (both underground and above-ground) that are listed for
the Borough of Bath in the Northampton County Recorder of Deeds Office.
Those inquiry and notification procedures shall be the same procedures
required of a contractor performing excavation and/or demolition work
within the Borough of Bath, Northampton County, for the Pennsylvania
"One-Call System," Act 38 of 1991 (formerly known as Act 287 of 1974
and Act 172 of 1986), as codified in Title 73 - Trade and Commerce
of Purdon's Pennsylvania Statutes Annotated at Sec. 176 et seq.
particularly Sec. 180 Contractors, Duties, as the same may be amended
from time to time.
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F-3009.7.2 Additional Notifications Required by Borough: In addition, the applicant shall notify - within the same time frames
the Borough of Bath, the Borough of Bath Municipal Authority, and
all other utilities, commercial, educational, institutional, industrial,
residential establishments or dwellings, and other entities that are
designated by either the code official or the Borough Manager.
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F-3009.7.3 Written Verification of Notices: Before
any permit is issued or becomes effective under this code, the applicant
shall submit written responses that acknowledge receipt of the required
notice from:
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F-3009.7.3.1 From Utilities: All utilities that
are entitled to receive such a notice pursuant to Subsection F-3009.7.1
"One-Call System" of this code (above); and,
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F-3009.7.3.2 From Other Entities: All other entities
that are designated by or pursuant to F-3009.7.2 Additional Notifications
Required by Borough of this code (above).
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F-3009.7.3.3 Certified Mail Receipts: In the event
that any of the utilities or entities that are designated to receive
a notice pursuant to this Subsection F-3009.7 Notices does not acknowledge
receipt of the notice, or otherwise respond to said notice, then the
applicant may demonstrate compliance with this notice requirement
by submitting a receipt for a letter containing that notice, properly
addressed, which was sent via the United States Postal Service, postage
pre paid, by certified mail, return receipt requested, at least 10
days before the issuance or effective date of the permit under this
code.
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F-3009.7.3.4 Other Methods: The applicant may also
demonstrate compliance with this notice requirement by any other method
that is approved in advance in writing by the code official or the
Borough Manager, which may include but is not limited to the code
official or the Borough Manager leaving or posting said notice upon
any property within the Borough or Northampton County."
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Add the following new subsection (Page 130):
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"F-3009.12 Blaster's License and Person Required
to be Present:
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P-3009.12.1 Blaster's License Required: When
the application for a permit for blasting work under this section
F-3009.0 Blasting is submitted, the applicant shall demonstrate that
either the applicant or a person in his employ currently holds a valid
"Blaster's License" as issued by the Commonwealth of Pennsylvania,
Department of Environmental Protection, or similar, in the code official's
sole discretion. A copy of that license shall be submitted to the
code official to be maintained in the Borough's records.
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F-3009.12.1.1 References for Licensing: Refer to
the Pennsylvania Code of Regulations, at Title 25 - Environmental
Protection, Chapter 210 - Use of Explosives, Subchapter A - Blaster's
License, Sections 210.1 through and including 210.6; and, Title 34
- Labor and Industry, Chapter 5 - Blasting, Demolition, Fireworks,
and Explosives, Subchapter A - Blasting Operations, Sections 5.3 through
and including 5.8 - General Provisions; as each may be applicable,
effective, and amended from time to time.
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F-3009.12.1.2 Maintenance and Continuation of License: The said license shall remain in full force and effect during the
entire duration of the blasting activities under this section F-3009.0
Blasting, including preparatory and clean-up work, unless replaced
by a similarly effective license.
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F-3009.12.1.3 Non-Compliance Violations: Failure
to comply with any of these requirements shall be deemed to automatically
revoke and make any permit issued under this article null, void, and
of no further force and effect, and shall be deemed to be a violation
of this code.
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F-3009.12.2 Person Required to be Present: The
person(s) who hold the currently valid "Blaster's Licenses" that
are required to be submitted to the code official by Subsection F-3009.12.1
Blaster's License Required of this code (above) shall have said
currently valid "Blaster's License" in their actual possession
at all times while any blasting activities are being performed, and
shall be present and shall either personally perform or directly supervise
others for all activities and work that are subject to this section.
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F-3009.12.2.1 Definitions of "Present" and "Directly Supervise": For the purposes of this Subsection P-3009.12.2 Person Required to
be Present, the terms "present" and "directly supervise" shall mean
that all such activities and work shall be within a direct line of
sight of said person, and not more than 300 feet distant from said
person.
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F-3009.12.2.2 "Person to Whom the Required Approvals Have
Been Issued": For the purposes of this section F-3009.0 Blasting,
particularly subsections F-3009.2 Personnel, F-3009.3 Loading and
Firing, and P.3009.4 Other Persons (all on Page 129) of this code,
the person who holds the current "Blaster's License" and who
meets and satisfies all of the requirements of this subsection F-3009.12
Blaster's License and Person Required to be Present, shall be
deemed to comply with and satisfy the requirements for "a person to
whom the required approvals have been issued" of the above-referenced,
subsections of this code.
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Add the following new subsection (Page 130):
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"F-3009.13 Additional DEP Requirements May Be Imposed: In addition to the foregoing requirements, the code official may
impose some or all of the following technical specifications, regulations,
and requirements as additional terms and, conditions to any permit
which is issued under this section P-3009.0 Blasting, in his or her
sole discretion. These technical specifications, regulations, and
requirements are taken from various sections of Pennsylvania Department
of Environmental Protection regulations as set forth in Title 25 of
the Pennsylvania Code, as referenced below, and as amended and revised
from time to time. Such, additional terms and conditions shall be
deemed to have been included by reference in this code and the permit
as issued. As such, those additional terms, and conditions shall have
the same full effect and force as any of the other provisions of this
code, the same as if fully set forth herein.
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C.
Section P-3009, shall be as follows:
(1)
P-3009.13.1 Chapter 77, Noncoal mining, Subchapter I - Environmental,
Protection Performance Standards, Use of Explosives Sections:
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77.561
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General Requirements
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77.562
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Preblasting Surveys
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77.563
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Public Notice of Blasting Schedule
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77.564
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Surface Blasting Requirements
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77.565
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Records of Blasting Operations
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(2)
F-3009.13.2 Article IV, Occupational health and safety, Chapter 210,
Use of explosives, Subchapter A - Blaster's License, Sections:
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210.1
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Examinations
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210.2
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Issuance and Status of Licenses Fees
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210.3
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Annual Renewal of Blaster's Licenses.
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211.4
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Transferability
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211.5
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Restrictions on blasting Operations
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210.6
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Learners.
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(3)
F-3009.13.3 Article IV, Occupational health and safety, Chapter 211,
Storage, handling, and use of explosives, particularly (but not limited
to) the Sections under the following headings:
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General Provisions
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Storage of Explosives
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Safety Precautions
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211.51
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General
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211.52
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Transportation of Explosives
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211.53
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Storing Explosives
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211.54
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Instrumentation
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211.55
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Blasting Operations
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Use of Explosives
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211.61
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General Requirements and Procedures
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211.62
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Blasting in the Vicinity of Utility Lines
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Special Precautions Relative to Ammonium Nitrates
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Appendix A - Radio Frequency Transmitters
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A.
Continuation. The provisions of this chapter and of the Fire Prevention
Code hereby adopted, insofar as they are the same as those of any
ordinances and/or codes in force immediately prior to the enactment
of this chapter, are intended as a continuation of such ordinances
and codes, and not as new enactments.
B.
Saving clause. Nothing in this chapter or in the Fire Prevention
Code hereby adopted shall be construed to affect any suit or proceeding
pending in any court, or any rights acquired, or liability incurred,
or any cause or causes of action acquired or existing, under any code,
act or ordinance which may be repealed by this chapter; nor shall
any just or legal right or remedy of any character be lost, impaired
or affected by the enactment of this code or ordinance.
C.
Severability. If any provision of this code or this chapter or the
application thereof is held invalid, such invalidity shall not affect
any other provisions or applications of this code or this chapter.
The remaining provisions shall be given full force and effect as completely
as if the part or parts held invalid had not been included herein.
