[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitpain 12-5-2006 by Ord. No. 89-1.[1] Amendments noted where applicable.]
[Amended 6-1-2010 by Ord. No. 89-2; 9-18-2012 by Ord. No. 89-3; 9-19-2023 by Ord. No. 89-4]
There is hereby adopted by the Township of Whitpain for the purposes of prescribing regulations governing fire and life preservation that certain code known as the "2018 International Code Council International Fire Code," being particularly the first printing thereof and the whole thereof, including appendices; B, C, save and except such portions as are hereinafter deleted, modified and amended by § 89-2 of this article, as well as Ordinance No. 89-2, of which code not less than three copies have and now are filed in the office of the Secretary of the Township of Whitpain, and the same are hereby adopted and incorporated as if set out at length herein, and the date on which this article shall take effect the provisions thereof shall be controlling within the limits of the Township of Whitpain.
There is hereby added to the 2018 International Code Council
International Fire Code the following modifications. Changes from
the International Code Council International Fire Code 2018 to the
Fire Prevention Code of Whitpain Township are as follows:
A.Â
Section 100.1 insert" Whitpain Township."
B.Â
Section 103, Department of Fire Prevention, Subsection 103.1, General,
shall be revised and amended to read as follows:
103.1 General: The department of the Fire Marshal
is established within the jurisdiction under the direction of the
fire marshal. The function of the department shall be the implementation,
administration, and enforcement of the provisions of this code. The
designated enforcement officer of this code is herein referred to
as the "fire code official."
C.Â
Section 105.6, Required operational permits, shall be revised and
amended to read as follows; Subsections 105.6.1 through 105.6.50 shall
be deleted and replaced with the following:
Section 105.6.1, Explosives. An operational permit
is required for the use of any quantity of explosives, explosive materials,
fireworks, or pyrotechnic special effects within the scope of Chapter
56. Exception: For the purposes of emergency public safety, Federal,
State and Local law enforcement are exempt from the permitting process.
Section 105.6.2, Mobile Food Trucks. Permitting and use of Mobile Food Trucks is contained in Chapter 104, of the Whitpain Township Code.
Section 105.6.3, Open Burning. Open burning of
any kind is allowed in accordance with Section 307 of this ordinance.
Section 105.6.4, Pyrotechnic Special Effects Materials. An operational permit is required for use and handling of pyrotechnic
special effects material.
Section 105.6.5, Temporary Tents. The erecting
of temporary tents requires a permit from the fire code official.
Exception, tents on the properties of 1 and 2 family dwellings.
D.Â
Section 105.7, Required construction permits shall be deleted; Subsections
105.7 through 105.7.25 shall be deleted in their entirety.
E.Â
Section 109, Board of Appeals, a new section, F-109.4, Fee Schedule,
shall be provided as follows:
109.4 Fee schedule: An appeal fee shall be set
in accordance with the Fee Schedule resolution adopted by the Board
of Supervisors. An appeal fee shall accompany application for appeal.
F.Â
Section 110, Violations, Subsections 110.3, 110.3.1, 110.3.2 and
110.4 shall be revised and amended to read as follows:
110.3 Notice of violation: Whenever the fire code
official observes an apparent or actual violation of a provision of
this code or other codes or ordinances under the fire code official's
jurisdiction, the fire code official shall prepare a written notice
of violation. This notice may be by citation or may be a written violation
notice describing the condition deemed unsafe and specifying time
limits for the required repairs or improvements to be made to render
the building, structure, or premises safe and secure.
110.3.1 Service: If the fire code official elects
to proceed by citation, the citation shall be served as provided by
the Pennsylvania Rules of Criminal Procedure. If the fire code official
elects to proceed by written notice of violation of this code, written
notice shall be served upon the owner, a duly authorized agent, or
upon the occupant or other person responsible for the conditions under
violation. Such notice of violation shall be served in any of the
foregoing manners: by delivering a copy of the same to such person
or persons by ordinary mail to the last named post office address;
by delivering in person or by delivering it to and leaving it in the
possession of any person in charge of the premises; or by affixing
a copy thereof in a conspicuous place at the entrance door or avenue
of access; and such procedure shall be deemed the equivalent of personal
notice.
110.3.2 Compliance with orders and notices: If
the notice of violation is not complied with within the time specified
by the fire code official, the fire code official shall serve a citation
upon the violator and/ or request the Township Solicitor to institute
the appropriate legal proceeding to restrain, correct or abate such
violation or to require removal or termination of the unlawful use
of the building or structure in violation of the provisions of this
code or of any order or direction made pursuant thereto. The Police
Department of Whitpain Township shall be required by the fire official
to make an arrest for any offense against this code of orders of the
fire official affecting the immediate safety of the public.
110.4 Violation Penalties: Any person who shall
violate a provision of this code or who shall fail to comply with
any of the requirements thereof or who shall use, erect, construct,
alter or repair a building or structure in violation of any approved
plan or of a directive of the fire code official or of a permit or
certificate issued under the provisions of this code or who shall
violate an order of the fire code official shall be liable upon summary
conviction to fines and penalties not exceeding $1,000. Such fines
and penalties may be collected by suit or summary proceeding brought
in the name of the Township of Whitpain before any District Justice
or recovered as debts of a like amount are now by law recoverable.
Upon judgment against any person by summary conviction or proceeding
by summons on a default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to imprisonment
for a period not exceeding 30 days. Each day that a violation continues
shall be deemed a separate offense.
G.Â
Section 111, Unsafe Buildings, Subsection 111.2, Evacuations, shall
be revised and amended to read as follows:
111.2 Evacuation: 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 a violation or
unsafe condition, shall be deemed guilty of a summary offense.
H.Â
Section 202, General Definitions, the definition of Fire Code Official
shall be amended to read as follows:
Fire Code Official: The Fire Marshal and/or the
Deputy Fire Marshal, or other designated authority charged with administration
and enforcement of this code or a duly authorized representative.
I.Â
Section 307, Open Burning, Recreational Fires and Portable or Permanent
Outdoor Fireplaces, Subsection 307.1, General, shall be revised and
amended to read as follows; Subsections 307.1.1, 307.2, 307.2.1, 307.3,
307.4, 307.4.1, 307.4.2, 307.4.3 and 307.5 shall be deleted and replaced
with the following:
307.1 General. Except as hereinafter provided,
no person, firm, corporation, business entity, industry or other association
shall cause, allow, permit, conduct or maintain outdoor burning of
any kind, with the exception of fires permitted in section 307.2.
The burning of any solid waste, recyclable materials, or leaf waste, as defined in section 93-18 of the Whitpain Township Code, shall be expressly prohibited at all times.
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307.2 Exceptions.
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1.
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Control fire. A control fire is:
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a.
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A fire set to prevent or abate a fire hazard.
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b.
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A fire set for the prevention and/ or control of disease or
pests/ vermin.
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2.
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Fire companies. Burning shall be permitted for the purpose of
instructing personnel in firefighting and for exhibitions. Such activity
shall meet current Pennsylvania Department of Environmental Protection,
Pennsylvania State Fire Academy and National Fire Prevention Association
(NFPA) standards for this type of activity.
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3.
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Cooking. Burning of coals or small, contained fires for the
purpose of cooking or preparing food for human consumption is permitted
when:
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a.
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The cooking unit is located no less than 15 feet from any combustible
materials.
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b.
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Cooking units are not located on balconies or porches of apartment
units exceeding one story above ground level.
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c.
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Such activity is conducted in a safe manner and is not prohibited
by any other regulation or statute.
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4.
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Ceremonial Fires. After obtaining a permit from the fire code
official, burning shall be permitted for ceremonial purposes (i.e.,
bonfires and campfires) if such burning is conducted in a safe manner
in a place where open fires are otherwise permitted and such burning
is under the direct supervision of an adult until such burning is
completely extinguished. A bonfire shall not be conducted within 50
feet of a structure or combustible material unless the fire is contained
in a barbecue pit. Bonfires shall be constantly attended until the
fire is extinguished. A minimum of one portable fire extinguisher
complying with Section 906 with a minimum 4-A rating or other approved
on-site fire-extinguishing equipment, such as dirt, sand, water barrel,
garden hose or water truck, shall be available for immediate utilization.
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5.
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Recreational and Yard Trimmings Fires. Is a fire contained in
portable or permanent outdoor fireplaces and does not require a permit.
These shall include Chimineas, Fire Pits, Fireplaces, whether professionally
manufactured or handmade. Professionally manufactured devices shall
be used in accordance with the manufacturer's instructions. All
devices shall not be operated within 15 feet of a structure or combustible
material. Conditions which could cause a fire to spread shall be eliminated
prior to ignition. Recreational and yard trimmings fires shall be
constantly attended until the fire is extinguished. A garden hose
or other appropriate method of fire extinguishment method should be
readily available. Recreational and yard trimmings fires shall only
be kindled on properties containing 1 and 2 family dwellings. There
shall be no burning of leaves whatsoever.
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6.
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Farming. Subsequent to proper notification, in advance, to the
Fire Marshal or his designate, open burning shall be permitted in
conjunction with the production of agricultural commodities in their
unmanufactured state on the premises of a farm operation.
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307.3 Hazardous conditions.
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1.
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Suspensions. Except for cooking, as set forth in 307.2.3, no
outdoor burning shall be permitted during any period of strong winds,
drought or weather inversion (i.e., hazardous air quality conditions)
or during/in any other situation deemed hazardous or objectionable
by the fire code official, their designate, a fire officer, or a law
enforcement officer.
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2.
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Cancellations. If such hazardous or objectionable conditions
develop during a day when burning is being conducted, such burning
may be canceled by the fire code official, their designate, a fire
officer, or a law enforcement officer. Upon notification that hazardous
conditions have developed, and all burning is to be canceled, residents
conducting burning shall, as soon as possible following such notification,
fully extinguish all active fires, including embers thereof.
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J.Â
Section 503, Fire Apparatus Access Roads, Subsections 503.2.1 and
503.3 shall be revised and amended to read as follows:
503.2.1, Dimensions. Fire apparatus access, public
or private street, lane, alley, or driveway shall have an unobstructed
width of not less than 20 feet (6096 mm), exclusive of shoulders,
except for approved security gates in accordance with Section 503.6,
and an unobstructed vertical clearance of not less than 13 feet 6
inches (4115 mm).
503.3 Posting of "No Parking" signs by Fire Marshal. Whenever the Fire Marshal shall determine that the parking of motor
vehicles or other obstruction upon any public or private street, lane,
alley or driveway or upon any shopping center, educational institution,
apartment complex or similar occupancy is liable to interfere with
the operations of the Fire Department or seriously hamper egress of
occupants from a building in case of fire, he shall post signs reading
"NO PARKING BY ORDER OF THE FIRE MARSHAL" on each street, lane, alley
or driveway or upon such shopping center, educational institution,
apartment complex or similar occupancy.
The Fire Marshal is hereby given authority to adopt and enforce
temporary parking regulations to cover emergencies or conditions on
any public or private street, lane, alley or driveway or on any shopping
center, educational institution, apartment or complex or similar occupancy
if the Fire Marshal shall determine that the parking of motor vehicles
is liable to interfere with the operations of the Fire Department
or seriously hamper the egress of occupants from a building in case
of fire. In exercising the authority provided by this section, the
Fire Marshal shall post signs reading "NO PARKING TEMPORARY FIRE REGULATION
- BY ORDER OF THE FIRE MARSHAL" on such street, lane, alley, or driveway
or on such shopping center, educational institution, apartment complex
or similar occupancy
Whenever the Fire Marshal shall determine that "NO PARKING BY
ORDER OF THE FIRE MARSHAL" signs on any public or private street,
lane, alley or driveway or on any shopping center, educational institution,
apartment complex or similar occupancy will not clearly indicate the
area in which parking is prohibited, he is authorized to established
fire lanes by painting lines four inches in width on the roadway surface
indicating the area in which parking is prohibited. In addition, he
shall paint the words "Fire Lane" in letters three feet in height
on the roadway surface at intervals he deems necessary.
Whenever the Fire Marshal shall determine that the parking of
motor vehicles upon any public or private street, lane, alley or driveway
or on any shopping center, educational institution, apartment complex
or similar occupancy is liable to interfere with the operations of
the Fire Department or seriously hamper the egress of occupants from
buildings in case of fire, he is hereby authorized to establish fire
lanes by ordering the painting of lines four inches in width on the
roadway surface indicating the area in which parking is prohibited
without posting signs reading "NO PARKING BY ORDER OF THE FIRE MARSHAL"
on such street, lane, alley or driveway or on such shopping center,
educational institution, apartment complex or similar occupancy. The
Fire Marshal shall paint the words "Fire Lane" in letters three feet
in height on the roadway surface at intervals he deems necessary within
the prohibited parking area.
Any person parking a motor vehicle in disregard of any sign
or fire lane erected by the Fire Marshal as provided herein shall
be guilty of a violation of this chapter and subject to the fines
and penalties hereinafter specified.
K.Â
Section 505, Premises Identification, Subsection 505.1, Address Identification,
shall be revised to read as follows; Subsections 505.3 and 503.4 shall
be added:
505.1 Address numbers: New and existing buildings
shall have approved address numbers, building numbers or approved
building identification placed in a position that is plainly legible
and visible from the street or road fronting the property. These numbers
shall contrast with their background. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall be a minimum of four
inches (101.6 mm) high with a minimum stroke width of 0.5 inch (12.7
mm). Where required, the fire code official shall require larger numbers
to suit the visual need. Where access is by means of a private road
and the building cannot be viewed from the public way, a monument,
pole, or other sign or means shall be used to identify the structure.
505.3 "Man door" labeling: All buildings in use
groups A, B, E, F, H, I, M, U and S, shall have all "man doors" labeled
in accordance with the Montgomery County, Pennsylvania, recommended
practice 2007-3. The labeling of the doors must be approved by the
Fire Marshal prior to completing the labeling. The doors shall be
labeled into quadrants using A, B, C and D as the actual side of the
building. The front, main entrance or address side of the building
is usually considered the "A" side, although this will be determined
by the Fire Marshal. The remainder of the building is labeled starting
in a clockwise motion from side A. The labeling/lettering must be
easily readable from the street and must be of a contrasting color
to the building.
505.4 "Main entranceway" labeling: All buildings
in use groups A, B, E, F, H, I, M, U and S, as required by the Fire
Code Official, shall have all doors not used as "main entranceways"
labeled with the business name and street address. A labeling plan
for the doors must be approved by the Fire Marshal prior to completing
the labeling. The labeling/ lettering must be easily readable from
the street, or access and must be of a contrasting color to the building.
L.Â
Section 507, Fire Hydrant Systems, Subsections 507.5.1.1, Hydrant
for standpipe systems, and subsection 507.5.3, Private fire service
mains and water tanks, shall be revised and amended to read as follows:
507.5.1.1, Hydrant for standpipe and sprinkler systems. Buildings equipped with a standpipe and/or an automatic sprinkler
system installed in accordance with Section 905 shall have a fire
hydrant within 100 feet (30 480 mm) of the fire department connections.
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Exception: The distance shall be permitted to exceed
100 feet (30 480 mm) where approved by the fire code official.
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507.5.3 Private fire service mains and water tanks: Private fire service mains and water tanks shall be periodically
inspected, tested and maintained in accordance with NFPA 25 at the
following intervals:
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1.
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Private fire hydrants (all types): inspection annually and after
each operation; flow test and maintenance, annually. A copy of the
written inspection report shall be forwarded to the Whitpain Township
Fire Marshal.
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2.
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Fire service main piping: inspection of exposed, annually; flow
test every five years.
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3.
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Fire service main piping strainers: inspection and maintenance
after each use.
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4.
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All privately owned and maintained fire hydrants shall have
the body and caps painted yellow. All bonnets (domes) will be painted
to meet the following color scheme:
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a.
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four- and six-inch mains shall have red bonnets.
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b.
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eight- to 12-inch mains shall have green bonnets.
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c.
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sixteen-inch and larger mains shall have blue bonnets.
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M.Â
Section 903, Automatic Sprinkler Systems, Subsection 903.3.6, Hose
Threads, shall be revised and amended to read as follows:
903.3.6 Hose threads: All Fire Department connections
shall be installed in accordance with the Whitpain building code and
shall be five-inch, Stortz connections with thirty-degree elbow equipment
with cap and chain or other type cap approved by the fire official.
Fire Department connections shall be located approximately 18 to 42
inches above ground level or as otherwise directed by the fire official.
N.Â
Subsection 907.4, Initiating Devices, Subsection 907.4 2.4, Signs,
shall be revised and amended to read as follows:
907.4.2.4 Signs: All signs required to identify
fire protection equipment and equipment locations shall be constructed
of durable materials, permanently installed and readily visible.
Letters and numbers shall contrast with the sign background
and have an appropriate width-to-height ratio to permit the sign to
read easily. All manual fire alarm boxes shall be clearly marked with
the following designation: Pull Alarm then call 911.
O.Â
Section 5607, Blasting, Subsection 5607.4, Restricted hours, shall
be revised and amended to read as follows:
5607.4 Restricted hours: All blasting operations
shall be conducted between 8:00 AM and 4:00 PM, Monday through Friday.
There will be no blasting on official holidays. All blasting will
be conducted by persons who are licensed by the Commonwealth of Pennsylvania.
The fire code official shall be notified prior to the first blast
of each day, and all such blasts shall be supervised by the fire code
official. In the event explosives or explosive material is needed
to be used for the preservation of life or the need for public safety,
the fire official may relax these requirements and grant verbal approval.
P.Â
Section 5704, Storage, Subsection F-5704.1, General, shall be revised
and amended to read as follows:
5704.1 General: The provisions of this chapter, the mechanical code and NFPA 30 and 30A shall apply to the transportation, storage, handling, and processing of flammable and combustible liquids in addition to the requirements of Chapter 50. The provisions of this chapter shall also apply to all service stations where flammable and combustible fuels are stored and dispensed to motor vehicles and all buildings used for the storage or servicing of motor vehicles.
Q.Â
Sections 5704.2, Tank Storage, shall be deleted in their entirety.
A new section, Section 5704.2, Tank Storage, shall provide as follows:
Section 5704.2 Tank storage: The storage of flammable
and combustible liquids shall be in compliance with the regulations
set forth in the Storage Tank and Spill Prevention Law (Tank Law),
Act 32 of the Commonwealth of Pennsylvania, the Environmental Protection
Agency's Underground Storage Tank (U.S.T.) regulations as codified
in Part 280 of the Code of Federal Regulations, the Pennsylvania State
Police Regulations for the Storage, Handling and Use of Flammable
and Combustible Liquids.
The Board of Supervisors shall adopt a fee schedule by resolution
of the Board establishing fees for permits and inspection consistent
with and occurring as a result of this article and its compliance
and enforcement.
Nothing in this article shall be construed to affect any suit
or proceeding pending in any court, or any rights acquired, or liability
incurred, or any permit issued, or any cause or causes of action existing
prior to this article.
The position of Fire Marshal of Whitpain Township shall be defined,
and his or her powers, duties and responsibilities shall be as follows:
A.Â
General duties and responsibilities. The Fire Marshal shall have
the power and responsibility of carrying out the provisions of this
article. The Fire Marshal shall be answerable to the Board of Supervisors
through the Township Manager.
B.Â
Enforcement responsibilities. The Fire Marshal and/or Deputy Fire
Marshal shall have the power and responsibility of enforcing all laws,
ordinances, and regulations with respect to:
(1)Â
The prevention of fires.
(2)Â
The enforcement of the adopted Fire Prevention Code.
(3)Â
The investigation of the cause, origin and circumstances of fires
and explosions.
(4)Â
The distribution and/or sale of all reports of fires and fire related
incidents occurring within the Township. These reports, for which
a fee shall be charged as set forth in the then current fee schedule,
shall be sold only to authorized persons or agencies.
(5)Â
The Fire Marshal and/or Deputy Fire Marshal shall serve as the Fire
Code Official in the terms of the fire prevention code.
There is hereby adopted by the Board of Supervisors
of Whitpain Township for the purpose of prescribing regulations governing
the construction and protection of public airplane hangars from fire,
that certain standard known as "National Fire Protection Association
(NFPA) Standard No. 409, Pertaining to Airplane Hangars, Latest Edition,"
and the whole thereof, of which standard not fewer than three copies
are now and will remain filed in the office of the Township Manager
of Whitpain Township, and the same is hereby adopted and incorporated
as though set forth at length herein, and from the date on which this
article shall take effect, the provisions thereof shall be controlling
within the limits of Whitpain Township.
