[Ord. No. 97-173, 2/6/1997; as amended by Ord. No. 2010-234, 2/4/2010]
The hereafter set forth provisions of the International Fire
Code, 2006 edition, as published by the International Code Council,
attached hereto and expressly made a part hereof, be and are hereby
adopted as the Fire Maintenance Code of the Borough of New Stanton
for 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 or use of buildings,
structures and premises in the Borough of New Stanton.
[Ord. No. 97-173, 2/6/1997; as amended by Ord. No. 2010-234, 2/4/2010]
This Part and the regulations of said International Fire Code
shall collectively be known as the "Fire Maintenance Code of the Borough
of New Stanton," and shall hereinafter be referred to as "this code"
or the "International Fire Code."
[Ord. No. 97-173, 2/6/1997; as amended by Ord. No. 2010-234, 2/4/2010]
Any person who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall fail
to comply with a directive of the Code Official, or of a permit or
certificate issued under provisions of this code, shall be guilty
of a summary offense punishable by a fine of not less than $100 nor
more than $1,000, plus costs, expenses and attorney fees expended
by the Borough; and upon failure, neglect or refusal to pay such fine,
costs, expenses or fees, 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.
[Ord. No. 97-173, 2/6/1997; as amended by Ord. No. 2010-234, 2/4/2010]
1.
To the extent that Motor Fuel Dispensing Facilities are not regulated
by the Pennsylvania Flammable and Combustible Liquids Act,[1] as amended and supplemented from time to time, the following
provisions shall apply to such facilities, uses and operations.
[1]
Editor's Note: See now the Combustible and Flammable Liquids
Act, 35 P.S. § 1241 et seq.
2.
Approved special dispensing devices such as, but not limited to,
coin-operated and remote preset types are permitted at motor fuel
dispensing facilities, provided there are qualified attendants on
duty while the station is open to the public. The attendant's
primary function shall be to supervise, observe and control the dispensing
of Class 1 liquids while said liquids are being dispensed. In supervising,
observing and controlling the dispensing of Class 1 liquids as aforesaid,
the attendants shall have an unobstructed view of the point of the
dispensing of such Class 1 liquids at all times. It shall be the responsibility
of the attendants to prevent the dispensing of Class 1 liquids in
portable containers not in compliance with the provisions of this
code, the provisions of the New Stanton Building Code and the provisions
of the Pennsylvania Flammable and Combustible Liquids Act; and shall
be able to control sources of ignition and to immediately handle accidental
spills and fire extinguishers, if needed.
A.
To the extent permitted by law and in addition to other requirements
of this code, the provisions of the New Stanton Building Code and
the provisions of the Pennsylvania Flammable and Combustible Liquids
Act, every Motor Fuel Dispensing Facility located in New Stanton Borough
shall comply with the following regulations:
(1)
There shall be installed on each service island a total fire-suppression
system.
(2)
Said system will have automatic firing capability and also manual
firing capability from the service island and from the control point
in the facility.
(3)
Said system shall be inspected once a year by a certified inspector
of the Borough.
(4)
Instructions for the operation of dispensers shall be conspicuously
posted, as well as signs signifying the hazards involved in the dispensing
of Class 1 liquids. In addition, every dispensing facility operating
approved special dispensing devices, as set forth above, shall conspicuously
post the following sign in at least two locations in the area of the
dispensing devices:
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"NOTICE
|
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It is unlawful for anyone to use, operate or manipulate any
self-service gasoline-dispensing device unless a qualified attendant
is on duty and has an unobstructed view of the islands."
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[Ord. No. 97-173, 2/6/1997; as amended by Ord. No. 2010-234, 2/4/2010]
In the event that any provision of this code conflicts with
the provisions of the New Stanton Building Code, as amended and supplemented,
the provisions of the New Stanton Building Code shall prevail. It
is the intention of the Borough Council that this code shall not apply
to any actions, activities, uses or occupancies controlled by said
Building Code.
[Ord. No. 97-173, 2/6/1997; as amended by Ord. No. 2010-234, 2/4/2010]
In all matters that are regulated by the laws of the United
States or the Commonwealth of Pennsylvania or by regulations of departments
or agencies of the United States or the Commonwealth promulgated by
authority of law, such laws or regulations, as the case may be, shall
control where the requirements thereof are the same as or in excess
of the provisions of this Part. The Code shall control in all cases
where the federal or state requirements are not as strict as those
contained in this Part.
[Ord. No. 97-173, 2/6/1997; as amended by Ord. No. 2010-234, 2/4/2010]
The provisions of this Part, so far as they are the same as
those of ordinances and/or codes in force immediately prior to the
enactment of this Part, are intended as a continuation of such ordinances
and codes and not as new enactments. The provisions of this Part shall
not affect any act done or liability incurred, nor shall they affect
any suit or prosecution pending or to be instituted to enforce any
right or penalty or to punish any offense under the authority of any
of the repealed ordinances.
[Ord. No. 97-173, 2/6/1997; as amended by Ord. No. 2010-234, 2/4/2010]
If any word, phrase, section, sentence, clause or part of this
Part is for any reason found to be unconstitutional, illegal or invalid,
such unconstitutionality, invalidity or illegality shall not affect
or impair any of the remaining words, phrases, sections, sentences,
clauses or parts of this Part. It is hereby declared to be the intent
of the Borough Council that this Part would have been adopted had
such unconstitutional, illegal or invalid word, phrase, section, sentence,
clause or part thereof not been included therein.
[Ord. No. 97-173, 2/6/1997; as amended by Ord. No. 2010-234, 2/4/2010]
Any ordinance or parts of ordinances in conflict with this Part
are hereby specifically repealed.
