Township of Lower Macungie, PA Part 3 INTERNATIONAL FIRE CODE

§ 5-301 Adoption of Standards.

[Ord. 2019-07, 6/20/2019]

The 2015 International Fire Code, as published by the International Code Council, Inc., is hereby adopted as the Life Safety Code of Lower Macungie Township, for the 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 permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said International Fire Code are hereby referred to, adopted, and made a part hereof as if fully set out in this Part, with the additions, insertions, deletions and changes as prescribed below in this Part.

§ 5-302 Modification of Standards.

[Ord. 2019-07, 6/20/2019]

The following replacements, insertions, and modifications shall be made in this section at the places indicated below:

1. Section 101.1 Insert "Lower Macungie Township."

2. Section 101.2.4. Delete this section in its entirety.

3. Section 101.3 Amend and restate as follows: "The purpose of this code is to establish the minimum requirements consistent with nationally recognized good practice for providing a reasonable level of fire safety and property protection from the hazards of fire, explosion or dangerous conditions in existing buildings, structures and premises, and to provide a reasonable level of safety to fire fighters and emergency responders during emergency operations."

4. Section 102.1.1 Delete this section in its entirety.

5. Section 102.4 Amend and restate as follows: "The design and construction of new structures and any alterations, additions, changes in use or changes in structure shall be made in accordance with the applicable International Building Code and the Pennsylvania Uniform Construction Code, contained in 34 Pa. Code, Chapters 401 — 405, et seq., as amended from time to time."

6. Section 102.5 Delete this section in its entirety.

7. Section 102.6 Delete this section in its entirety.

8. Section 102.11 Amend and restate as follows: "The provisions of this code are intended to ensure life safety for existing commercial buildings and shall not be deemed to nullify or contradict any provisions for new buildings, additions, alterations or structures that comply with the applicable International Building Code or the Pennsylvania Uniform Construction Code."

9. Section 103.1 Amend and restate as follows: "The department of fire prevention is established within the jurisdiction under the direction of the fire code official and/or the Director of Community and Economic Development Department. The function of the department shall be the implementation, administration and enforcement of the provisions of this code."

10. Section 103.2 Amend and restate as follows: "The fire code official shall be appointed by the Township; and the fire code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority."

11. Section 103.3 Amend and restate as follows: "In accordance with the prescribed procedures of this jurisdiction and the concurrence of the appointing authority, the fire code official or designee shall have the authority to appoint a deputy fire code official, or other inspectors or employees to enforce the provisions of this code."

12. Section 104.2 Delete this section in its entirety.

13. Section 104.3 Right of entry: Amend and restate as follows: "Where it is necessary to make an inspection to enforce the provisions of this code, or where the fire code official has reasonable cause to believe that there exists in a building or upon any premises any conditions or violations of this code that make the building or premises unsafe, dangerous or hazardous, the fire code official shall have the authority to enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the fire code official by this code. If such building or premises is occupied, the fire code official shall present credentials to the occupant and request entry. If such building or premises is unoccupied, the fire code official shall first make a reasonable effort to locate the owner, the owner's authorized agent or other person having charge or control of the building or premises and request entry. If entry is refused, the fire code official is authorized to seek an administrative warrant, in addition to any other remedy available under applicable law, in order to secure entry."

14. Section 104.6.3 Amend and restate as follows: "The Township shall keep a record of fires occurring within its jurisdiction and of facts concerning the same, including statistics as to the extent of such fires and the damage caused thereby, together with other information as required by the fire code official."

15. Section 104.10 Delete this section in its entirety.

16. Section 105 Delete this section in its entirety.

17. Section 106.2.1 Delete this section in its entirety.

18. Section 106.2.2 Delete this section in its entirety.

19. Section 108.1 Amend and restate as follows: "Any appeal from any decision of the fire code official shall be heard by the Lower Macungie Township Building Code Board of Appeals, pursuant to and consistent with the adopted practices and procedures established for or by such Board."

20. Section 108.2 Amend and restate as follows: "Court Review. Any person aggrieved by a Board decision may appeal this decision to the Court of Common Pleas. Such an appeal shall be filed within 30 days of the issuance of the decision. Within 30 days of the filing of an appeal, the Township and the owner and/or tenant of the premises directly involved in the appeal may intervene in the appeal as of course by filing a notice of intervention, accompanied by proof of service of the same upon each appellant or each appellant's counsel of record. All other intervention shall be governed by the Pennsylvania Rules of Civil Procedure."

21. Section 108.3 Delete this section in its entirety.

22. Section 109.3.3 Amend and restate as follows: "Any person failing to comply with a notice of violation within the timeframe set forth in same or with an order served in accordance with § 109 shall be deemed in violation of this Code, and this violation shall be considered a strict liability offense. If the notice or order is not complied with, the fire code official may institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation; to impose fines and penalties for such violation; and/or to require the removal or termination of the unlawful occupancy of the structure or property in violation of the provisions of this Code or of the order or direction made pursuant thereto. Any action taken by the Township shall be charged against the real estate upon which the violation is located and shall be a lien upon such real estate."

23. Section 109.4 Amend and restate as follows: "Any person who is found by a court of competent jurisdiction, including, but not limited to, a Magisterial District Court or Court of common Pleas, to have violated a provision of this Code; to have failed to comply with any of the requirements of this Code; or to have failed to comply with an order, directive, or notice of the fire code official concerning this code shall be liable for a civil penalty not less than $500 nor more than $1,000 for each violation, plus any and all costs incurred by the Township in bringing an action against such violation, including, but not limited to, consultant fees, attorney's fees, and expert witness fees. Each day that a violation continues shall be deemed a separate violation."

24. Section 110.3 Amend and restate as follows: "Where conditions exist that are deemed hazardous to life and property, the fire code official in charge of the incident is authorized to abate summarily such hazardous conditions that are in violation of this code."

25. Section 110 Insert the following:

"110.5 Costs of emergency repairs: Costs incurred in the performance of emergency work are the responsibility of the owner of the premises where the unsafe structure is or was located. Such costs, however, shall be initially paid by the Township. The Township Solicitor may institute the appropriate proceeding at law or in equity against the owner of the premises where the unsafe structure is or was located for the recovery of such costs."

26. Section 111 Delete this section in its entirety.

27. Section 113.4 Delete this section in its entirety.

28. Section 202 Amend the following definitions shall be amended or inserted at the appropriate alphabetical spot into this section and shall read as follows:

FIRE CHIEF

Any reference in this code to the "fire chief" shall be deemed to be a reference to the "fire code official."

FIRE CODE OFFICIAL

A duly authorized Township representative, code enforcement officer, building code official, or other designated authority charged with the administration and enforcement of the code.

JURISDICTION, THE

Lower Macungie Township.

29. Section 307 Delete this section it is entirety.

30. Section 308.2 Delete this section in its entirety.

31. Section 311.1 Amend and restate as follows: "Temporarily unoccupied buildings, structures, premises or portions thereof, including tenant spaces, shall be safeguarded and maintained in accordance with the applicable International Property Maintenance Code as adopted by the jurisdiction."

32. Section 311.1.1 Delete this section in its entirety.

33. Section 311.1.2 Delete this section in its entirety.

34. Section 311.2 Delete this section in its entirety.

35. Section 311.3 Delete this section in its entirety.

36. Section 311.4 Delete this section in its entirety.

37. Section 311.5 Delete this section in its entirety.

38. Section 311.6 Delete this section in its entirety.

39. Section 401.2 Amend and restate as follows: "Where required by this code, fire safety plans, emergency procedures and employee training programs shall be approved by the property owner and/or occupant. Any reference to an 'approved' fire safety plan or emergency procedures shall be deemed to be that approved by the property owner and/or occupant, and not the fire code official."

40. Section 403.10.2.2.2 Amend and restate as follows: "Emergency guides shall be reviewed and approved by the property owner and/or occupant."

41. Section 403.11.1.3. Amend and restate as follows: "The lease plan shall be reviewed and approved by the property owner and/or occupant, and shall be maintained on site for immediate reference by responding fire personnel."

42. Section 404.2.3.1 Amend and restate as follows: "Lockdown plans shall be reviewed and approved by the property owner and/or occupant and shall include the following:

A. Initiation. The plan shall include instructions for reporting an emergency that requires a lockdown.

B. Accountability. The plan shall include accountability procedures for staff to report the presence or absence of occupants.

C. Recall. The plan shall include a prearranged signal for returning to normal activity.

D. Communication and coordination. The plan shall include a means of two-way communication between a central location and each secured area, which means were previously approved by property owner and/or occupant."

43. Section 501.3 Amend and restate as follows: "Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus access roads and construction documents and hydraulic calculations for fire hydrant systems upon request may be submitted to the Township's Planning Department for review and approval prior to construction."

44. Section 503.1 Amend and restate as follows: "Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Chapter 22A of the Lower Macungie Township Code of Ordinances."

45. Section 503.1.1 Delete this section in its entirety.

46. Section 503.2 Delete this section in its entirety.

47. Section 503.6 Delete this section in its entirety.

48. Section 506 Delete this section in its entirety.

49. Section 510.3 Amend and restate as follows: "Permits for the installation of or modification to emergency responder radio coverage systems and related equipment shall comply with the applicable International Building Code or the Pennsylvania Uniform Construction Code."

50. Section 601.1 Amend and restate as follows: "The provisions of this chapter shall apply to the operation and maintenance of fuel-fired appliances and heating systems, emergency and standby power systems, electrical systems and equipment, mechanical refrigeration systems, elevator recall, stationary storage battery systems and commercial kitchen equipment. All new construction, additions, installations or alterations to buildings, structures or equipment shall comply with the applicable International Building Code or the Pennsylvania Uniform Construction Code."

51. Section 601.2 Amend and restate as follows: "Permits required for work under this chapter shall comply with the applicable International Building Code or the Pennsylvania Uniform Construction Code."

52. Section 901.1 Amend and restate as follows: "The provisions of this chapter shall specify where fire protection systems are required and shall apply to inspection, operation, testing and maintenance of all fire protection systems. All new construction, additions, installations or alterations to buildings, structures or equipment shall comply with the International Building Code or the Pennsylvania Uniform Construction Code."

53. Section 901.2 Delete this section in its entirety.

54. Section 901.3 Amend and restate as follows: "Permits required for work under this chapter shall comply with the applicable International Building Code or the Pennsylvania Uniform Construction Code."

55. Section 1101.3 Amend and restate as follows: "Permits required for work under this chapter shall comply with the applicable International Building Code or the Pennsylvania Uniform Construction Code."

56. Section 1101.4.1 Amend and restate as follows: "Construction documents necessary to comply with this chapter shall be completed and submitted within a time schedule approved by the Township's code enforcement office."

57. Section 3101.1 Amend and restate as follows: "Tents, temporary stage canopies and membrane structures shall comply with this chapter. The provisions of Section 3103 are applicable only to temporary tents and membrane structures. The provisions of Section 3104 are applicable to temporary and permanent tents and membrane structures. All temporary structures shall comply with Chapter 27 of the Lower Macungie Township Code of Ordinances and permits required for work under this chapter shall comply with the Pennsylvania Uniform Construction Code."

58. Section 3105.2 Delete this section in its entirety.

59. Section 3209.4 Amend and restate as follows: "High-piled storage areas with automated rack storage shall be provided with a manually activated emergency shutdown switch for use by emergency personnel. The switch shall be clearly identified."

60. Section 3308.2 Amend and restate as follows: "The fire prevention plan superintendent shall develop a prefire plan in cooperation with the jurisdiction upon request by the jurisdiction. The fire code official or designee shall be notified of changes affecting the utilization of information contained in such prefire plans."

61. Section 3404.5 Amend and restate as follows: "The owner or individual in charge of the tire storage yard shall be required to prepare and submit a fire safety plan to the fire code official upon request."

62. Section 3501.2 Delete this section in its entirety.

63. Section 3501.3 Amend and restate as follows: "Hot work shall only be conducted in areas designated or authorized for that purpose by the personnel responsible for a Hot Work Program."

64. Section 3501.3.1 Delete this section in its entirety.

65. Section 3501.3.2 Delete this section in its entirety.

66. Section 3501.3.3 Delete this section in its entirety.

67. Section 3501.3.4 Delete this section in its entirety.

68. Section 3501.3.5 Delete this section in its entirety.

69. Section 3504.1.8 Amend and restate as follows: "Automatic sprinkler protection shall not be shut off while hot work is performed. Where hot work is performed close to automatic sprinklers, noncombustible barriers or damp cloth guards shall shield the individual sprinkler heads and shall be removed when the work is completed. If the work extends over several days, the shields shall be removed at the end of each workday."

70. Section 3504.3 Delete this section in its entirety.

71. Chapter 36 Delete this chapter in its entirety.

72. Section 5001.5 Delete this section in its entirety.

73. Section 5001.6, Delete this section in its entirety.

74. Section 5003.9.2 Amend and restate as follows: "Storage, dispensing, use and handling areas shall be secured against unauthorized entry and safeguarded."

75. Section 5301.1 Scope: Amend and restate as follows: "Storage, use and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with this chapter and NFPA 55, including those gases regulated elsewhere in this code. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required.

Liquified natural gas for use as vehicular fuel shall also comply with NFPA 52 and NFPA 59A.

Compressed gases classified as hazardous materials shall also comply with Chapter 50 for general requirements and chapters addressing specific hazards, including Chapters 58 (Flammable Gases), 60 (Highly Toxic and Toxic Materials), 63 (Oxidizers, oxidizing Gases and Oxidizing Cryogenic Fluids) and 64 (Pyrophoric Materials). Compressed hydrogen (CH₂) for use as vehicular fuel shall also comply with Chapters 23 and 58 of this code, the International Fuel Gas Code and NFPA 2.

Cutting and welding gases shall also comply with Chapter 35.

LP-gas shall comply with regulations of this chapter and shall not be deemed to nullify or contradict any provisions of Pennsylvania Act 61 of 2002, the Propane and Liquefied Petroleum Gas Act, and any amendments thereto."

76. Section 5601.2 Amend and restate as follows: "Permits shall be required from the department of fire protection and any applicable fees shall be paid in accordance to the current Township Fee Schedule."

77. Section 5701.1 Amend and restate as follows: "Prevention, control, and mitigation of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with Chapter 50, this chapter and shall not be deemed to nullify or contradict any provisions of Pennsylvania Act 15 of 1998, Combustible and Flammable Liquids Act, and any amendments thereto."

78. Section 5703.3 Amend and restate as follows: "In the event of a spill, leak or discharge from a tank system, a site assessment shall be completed by the owner or operator of such tank system if the fire code official determines that a potential fire or explosion hazard exists. Such site assessments shall be conducted to ascertain potential fire hazards and shall be completed and submitted to the jurisdiction within a time period established by the fire code official, not to exceed 60 days.

79. Section 5706.4.7 Delete this section in its entirety.

80. Section 5706.5.4.1 Delete this section in its entirety.

81. Section 5706.5.4.5 Delete this section in its entirety.

82. Section 5706.6 Delete this section in its entirety.

83. Section 5706.7 Delete this section in its entirety.

84. Section 6101 Delete this section in its entirety.

85. Section 6102 Delete this section in its entirety.

86. Section 6103 Delete this section in its entirety.

87. Section 6104 Delete this section in its entirety.

88. Section 6105 Delete this section in its entirety.

89. Section 6106 Delete this section in its entirety.

90. Section 6107 Delete this section in its entirety.

91. Section 6108 Delete this section in its entirety.

92. Section 6110 Delete this section in its entirety.

93. Section 6111 Delete this section in its entirety.