[HISTORY: Adopted by the Council of Latrobe 7-13-1981 by Ord. No. 1981-2 as Ch. VII, Part 1, of the 1981 Code. Amendments noted where applicable.]
It is hereby adopted by Latrobe for the purpose of prescribing regulations and minimum standards governing conditions hazardous to life and property from fire or explosion that certain code known as the "Fire Prevention Code," 1976 Edition, the amendments and supplements thereto, by the American Insurance Association, except such portions that are deleted, modified or amended by §§ 279-4 through 279-14, and the same be and is hereby adopted and incorporated herein by reference as fully as if set out in length herein; and the provisions thereof shall be controlling in all of the buildings, structures and premises within Latrobe from the date of the enactment of this chapter. There is also adopted by Latrobe by reference as a part of this chapter any and all supplements, modifications and revised editions issued by American Insurance Association subsequent to the date of this chapter.
Where used in the Fire Prevention Code, 1976
Edition, its amendments and supplements thereto, the following terms
shall have the following meanings:
The Fire Department of Latrobe.
the Fire Chief.
The Solicitor for Latrobe.
Latrobe; if a blank is left in any sentence in the Fire Prevention
Code and it is indicated that the reference is to the municipality
involved, that municipality shall mean Latrobe.
[Amended 7-11-1988 by Ord. No. 1988-3; 11-13-1989 by Ord. No. 1989-10]
The Fire Prevention Code is amended and changed
in the following respects:
A.
The first paragraph of Section 1.5 is deleted and the following section is substituted: "Whenever the Fire Chief or any of his properly authorized inspectors under Section 1.4 shall find in any building or upon any premises dangerous or hazardous conditions or materials as hereafter listed, he shall report such conditions to the Officer of Code Enforcement, who shall serve notice on the owner, operator or occupant as is prescribed in Chapter 98, Administration and Enforcement." All other paragraphs of Section 1.5 are hereby adopted without change.
B.
Section 1.6 is deleted in its entirety and the following paragraph is substituted: "The service of all notices of violations shall be made as is prescribed in Chapter 98, Administration and Enforcement."
C.
Subparagraph c of Section 1.9 is deleted and the following
paragraph is substituted: "c. All applications for permits required
by this code shall be made to the Office of Code Enforcement, with
the exception that applications for permits governing the storage
of gasoline and permits required for burning shall be made to the
Fire Department. All applications for permits shall be made in such
form and detail as these offices shall prescribe and shall be accompanied
by such plans as is required by said offices."
D.
Section 1.10 is deleted in its entirety and the following section is substituted: "Revocation of all permits shall be made as per the notice requirements of Chapter 98, Administration and Enforcement, and shall be made by the Code Enforcement Officer when he has been notified by the Fire Chief or one of his authorized inspectors that a violation of this code has occurred."
E.
Subsection b(3) of Section 16.71 is deleted and the
following section is substituted: "At automotive service stations,
storage tanks containing Class I or Class II liquids installed of
necessity in accordance with Section 16.71 b(2) shall not exceed 8,000
gallons' individual or 24,000 gallons' aggregate capacity."
F.
Subsection a(1) of Section 16.21 is deleted, and the
following subsection is substituted: "Tanks shall be built of steel
except as provided in Section 16.21 a(2) through (5). All steel tanks
must be Harco SRC System or a comparable system and installed in accordance
with manufacturer's regulations. In lieu of steel tanks, fiberglass
tanks may be used, provided that the same meet the requirements of
Section 16.21 a(2) through (5)."
G.
Division 7, Section 16.78, Fire Control, is hereby amended by adding thereto Subsections (b) and (c) to read as follows:
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"(b)
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In addition to all other requirements of this
Fire Prevention Code, every self-service filling station located in
Latrobe shall comply with the following regulations:
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"(i)
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There shall be installed on each service island
a total suppression system designed by a suppression system engineer
comparable or equivalent to or better than the Walter Kidde Fire Suppression
Systems and approved by the Fire Chief of Latrobe or such other person
as may be designated by the Fire Chief or Latrobe Council from time
to time.
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"(ii)
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The fire suppression system shall have an automatic
firing capability and also a manual firing capability from the service
island and from the control point in the self-service station and
not more distant than 10 feet from the attendant in the self-service
station.
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"(iii)
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There shall also be installed for each self-service
station a fire alarm box and an audio and visual alarm, self-energized,
located on the exterior of the structure of the station and so installed
to activate automatically if there is a firing of the suppression
system either automatically or manually.
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"(iv)
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There shall also be installed a manual pull
station located at the control desk at the control point of the station
and not more distant than 10 feet from the attendant on duty.
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"(v)
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Any service station offering full service with
attendant or combination of full service and attendant and self-service
which after the effective date of this subsection, replaces or renews
pump islands, storage tanks or supply lines to dispensing pumps must
install an overhead suppression system as specified in this subsection
covering all islands the same as required for self-service stations
and be fully automatic as set forth herein.
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"(vi)
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Each such suppression system must be tested
with an appropriate live test after installation and prior to approval
and thereafter at least once in each five years or more frequently
as requested by the Fire Chief, as the Fire Chief may reasonably deem
appropriate or necessary.
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"(vii)
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The provisions of this subsection shall apply
to all new and existing self-service and full-service stations in
Latrobe.
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"(c)
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All existing stations in Latrobe shall comply
with the provisions of this subsection on or before July 1, 1990."
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H.
Subsection 16.23.
(1)
Subsection 16.23, Underground Tanks - Installation and Removal from Service, Subparagraph d, Abandonment Or Removal of Underground Tanks, Subsections (1), (2) and (3)(a), (b) and (c) are deleted, and the following section is substituted:
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"d.
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Abandonment Or Removal of Underground Tanks.
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"(1)
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Underground tanks taken out of service shall
be safeguarded or disposed of by any one of the two following means:
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"(a)
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Placed in a temporarily-out-of-service condition.
Tanks shall be rendered temporarily out of service only when it is
planned that they will be returned to active service within time limits
established by the Chief of the Bureau of Fire Prevention or pending
removal or abandonment within 90 days.
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"(b)
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Removed.
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"(2)
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In cases where tanks are rendered temporarily
out of service, the Fire Chief shall be immediately notified of that
status; the method for placing the temporarily-out-of-service tank
in a safe condition and the projected date of accomplishment; and
notification of when the same has been accomplished. In cases where
tanks are permanently abandoned, the Fire Chief shall also be immediately
notified of the abandonment; the method of removal of the tank and
projected date of accomplishment; and notification of when the same
has been accomplished. In either case, notification shall be in writing
by the owner of the tank.
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"(3)
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Procedures for carrying out each of the above
methods of disposing of underground tanks are described in the following
sections. No cutting torch or other flame- or spark-producing equipment
shall be used until the tank has been completely purged or otherwise
rendered safe. In each case, the numbered steps given shall be carried
out successively.
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"(a)
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Rendering tanks temporarily out of service.
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"[1]
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Cap the fill line, gauge opening and pump suction;
secure against tampering.
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"[2]
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Leave the vent line open.
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"(b)
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Removal of underground tanks.
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"[1]
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Remove all flammable or combustible liquids
from tank and from connecting lines.
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"[2]
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Disconnect the suction, inlet, gauge and vent
lines; remove sections of connecting lines which are not to be used
further and cap or plug inlets, outlets and leaks, if any, and remove
the tank to ground surface. After removal, the tank shall be gas-freed
on the premises if it can be done safely at that location or transported
to an area not accessible to the public and the gas freeing completed
at that location. Thereafter, the tank shall be disposed of in accordance
with any applicable governmental rules and regulations."
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(2)
All other provisions of Section 16.23 of the Fire
Code of 1976 shall remain unchanged and in full force and effect.
The limits referred to in Section 12.5(b) of
the Fire Prevention Code in which storage of explosives and blasting
agents is prohibited are established as follows: "No storage within
the limits of Latrobe without a permit signed by the Code Enforcement
Officer and the Fire Chief."
There is hereby established as the district
that flammable liquids may be stored in outside aboveground tanks
the following:
A.
The limits referred to in Section 16.22(a) of the
Fire Prevention Code in which storage of flammable liquids in outside
aboveground tanks is prohibited are hereby established as follows:
"Prohibited everywhere within Latrobe except those areas that are
now known as 'heavy industrial areas,' and these only with a permit
signed by the Code Enforcement Officer and the Fire Chief."
B.
The limits referred to in Section 16.61 of the Fire
Prevention Code in which new bulk plants for flammable or combustible
liquids are prohibited are hereby established as follows: "Prohibited
everywhere within Latrobe except those areas that are now known as
'heavy industrial areas,' and these only with a permit signed by the
Code Enforcement Officer and the Fire Chief."
The limits referred to in Section 21.6(a) of
the Fire Prevention Code in which bulk storage of liquefied petroleum
gas is restricted are hereby established as follows: "Everywhere within
Latrobe except those areas that are now known as 'heavy industrial
areas,' and these only with a permit signed by the Code Enforcement
Officer and the Fire Chief."
[Added 10-9-1995 by Ord. No. 1995-4]
A.
Prohibition of residential incinerators. No device
or apparatus utilized for the process of burning shall be used as
an incinerator for the burning of refuse materials. It shall not be
unlawful for any furnace, wood-burning stove or fireplace to be utilized
for the burning of traditional fossil fuels, including but not limited
to oil, coal, gas or wood, for the purpose of home heating; provided,
further, however, that the burning of any solid materials during late
spring, summer or early fall when the temperature shall be 65°
or greater shall be deemed for the purpose of incinerating and shall
not be deemed for the purpose of home heating.
B.
Regulation of commercial/industrial incinerators.
Any incinerator utilized in a commercial or industrial establishment
shall meet all requirements of the 1994 National Fire Prevention Association
(NFPA) standards on incinerators, NFPA 82, Chapter 2. No such commercial
or industrial incinerator shall, after the effective date of this
section, be installed without a permit obtained from the Fire Chief.
Any application for a permit shall contain sufficient information
to identify that said commercial or industrial incinerator and the
area upon which is shall be constructed shall meet the NFPA standards.
The Fire Chief shall inspect the final installation and thereafter
issue a certificate of acceptance.
C.
Violations and penalties. Any person, which shall include but not be limited to an individual or individuals, partnership or corporation, who shall violate the provisions of this section, shall, upon conviction by a District Justice with appropriate jurisdiction, be subject to a fine or penalty up to $600. Each separate violation of Subsection A or B shall constitute a separate offense. Further, Latrobe may, in addition to seeking a fine or penalty pursuant to this provision, invoke any and all other remedies at law or equity to eliminate said violation.
The Mayor of Latrobe, the Fire Chief and the Code Enforcement Officer shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those enumerated in said code. The Fire Chief and the Code Enforcement Officer shall post such list in a conspicuous place in their respective offices and distribute copies thereof to interested persons. Before these permits shall take effect they shall be approved by the Council of Latrobe in accordance with Chapter 98, Administration and Enforcement, § 98-8, providing for the enactment of rules and regulations under this code.
All other rules and regulations formulated for this chapter under Chapter 98, Administration and Enforcement, § 98-8, shall be made by the Fire Chief and the Code Enforcement Officer, under the auspices of the Fire Committee of the Council, and shall take effect only after the requirements of Chapter 98, Administration and Enforcement, § 98-8, have been complied with.
In the event that the Fire Chief determines that an emergency condition exists or that a violation of this chapter has produced an emergency condition, the notice requirements provided for in Chapter 98, Administration and Enforcement, are hereby waived, and the Fire Chief is authorized to use any authority which he has under the laws of the Commonwealth of Pennsylvania or of any past ordinance of Latrobe not in conflict with this chapter to alleviate the emergency and to halt any violation of this chapter.
If any provision of this chapter is found to be in conflict with any provision of Chapter 166, Zoning, or the Building (Chapter 108), Plumbing (Chapter 147), Housing (Chapter 132) or Electrical (Chapter 121) Codes of Latrobe in force on the effective date of this chapter, the provision which establishes the highest standard for the promotion and protection of the health and safety of the people shall prevail.
This chapter shall be known hereafter as the
"Latrobe Fire Prevention Code."
