This chapter shall be known as the "Hempfield Township Fire
and Life Safety Code."
This chapter is adopted for the following purposes:
A. To establish the Department of Public Safety and the responsibilities
of that Department and its representatives in the overall management
of public safety within Hempfield Township;
B. To recognize those fire protection and rescue services authorized
to operate within the municipal boundaries of Hempfield Township;
C. To establish rules and regulations for emergency management services
within Hempfield Township;
D. To provide for and adopt a code of regulations generally governing
fire and life safety within Hempfield Township;
E. To establish rules and regulations for the determination and enforcement
of fire hazards;
F. To provide for the disposition of fire insurance proceeds where applicable;
and
G. To provide a means of enforcement generally.
The functions of Hempfield Township mandated under the Second
Class Township Code and other state laws dealing with public safety, fire
response, ambulance response, emergency management and fire police
shall be conducted generally on behalf of the Board of Supervisors
of Hempfield Township by the Department of Public Safety, which shall
consist of the following:
A. Director. For the purposes of this chapter, the title of Director
shall include the Director of Public Safety, the Director of Community
Development, the Director of Emergency Services, Hempfield Fire Department
Fire Chief, and/or any other persons designated by Township resolution
to perform such duties and functions. The Director shall be responsible
for all administrative work directing and enforcing the Fire Prevention
Code and various ordinances relating to fire prevention and such other
duties as may be assigned from time to time by the Board of Supervisors.
The general work responsibility will include compliance with the Fire
Code provisions, patrol designated fire lanes and no-parking zones
and the issuance of citations for violations thereof.
[Amended 3-25-2024 by Ord. No. 2024-01]
B. Fire code inspector/code enforcement officer: to be responsible for
all administrative work directing and enforcing the Fire Prevention
Code and various ordinances relating to fire prevention and such other
duties as may be assigned from time to time by the Board of Supervisors.
The general work responsibility will include compliance with the Fire
Code provisions, patrol designated fire lanes and no-parking zones
and the issuance of citations for violations thereof.
C. Fire ground investigator: to be responsible for the investigation
of fires occurring within the Township which are of an unnatural or
suspicious origin as directed by the Director; and to maintain records
and incident reports for all such fire investigations, including,
without limitation, fire investigation reports, insurance information
and incident reports.
[Amended 3-25-2024 by Ord. No. 2024-01]
A certain document, three copies of which are on file in the office of the Township Secretary of Hempfield Township, being marked and designated as the International Fire Code, 2018 Edition, including Chapter 80, Appendixes B, C, D, E, F, G, H and I (see International Fire Code Section 101.2.1, 2018 Edition), as published by the International Code Council, be and is hereby adopted as the Fire Code of Hempfield Township in the Commonwealth of Pennsylvania 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 Fire Code on file in the office of the Township Secretary are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in §
47-5.1 of this chapter.
The following sections are hereby revised:
A. Section 101.1 is revised to read as follows: "These regulations shall
be known as the Fire Prevention Code of Hempfield Township, (hereinafter
referred to as "Fire Code")."
B. Section 103 shall be revised as follows:
(1) The heading shall be revised to read as follows:
§ 103.1 General. The Department of Public Safety is established pursuant to §
47-3 of the Code of Hempfield Township. Said Department shall be under the direction of the Director(s). The function of the Department of Public Safety shall be the implementation, administration, and enforcement of the provisions of this Code.
(2) Section 103.2 shall be revised to read as follows:
§ 103.2 Appointment. The Director(s)
shall be appointed by the Board of Supervisors of Hempfield Township,
and shall serve as a Director until such time replaced by the Board
of Supervisors.
[Amended 3-25-2024 by Ord. No. 2024-01]
(3) Section 103.3 shall be revised to read as follows:
§ 103.3 Deputies. In accordance with
the prescribed procedures of Hempfield Township, the Board of Supervisors
shall have the authority to appoint a Deputy Director(s), other related
technical officers, inspectors and other employees.
C. Section 104.1 and 104.2 are hereby revised to read as follows:
§ 104.1 General. Subject to the approval
of the Township Supervisors, the Director, or their Deputy, is hereby
authorized to enforce the provisions of this Code and shall have the
authority to render interpretations of this Code, to adopt policies,
procedures, rules and regulations in order to clarify the application
of its provisions. Such interpretations, policies, procedures, rules
and regulations shall be in compliance with the intent and purpose
of this Code and shall not have the effect of waiving requirements
for which provision is specifically made in this Code.
D. Section 104.2, Applications and permits, is hereby amended to read
as follows:
§ 104.2. Applications and Permits. The
Building Code Official is authorized to receive applications, review
construction documents and issue permits for construction regulated
by this Code, issue permits for operations regulated by this Code,
inspect the premises for which such permits have been issued and enforce
compliance with the provisions of this Code.
E. Section 104.8, Modifications, is hereby revised to read as follows:
§ 104.8 Modifications. The Building Code
Official shall have authority to grant modifications for individual
cases in accordance with the procedures and guidelines set forth in
the Pennsylvania Uniform Construction Code, Act 45 of 1999, as amended.
F. Section 104.9, Alternative materials and methods, shall be revised
to read as follows:
§ 104.9 Alternative Materials and Methods. The Township Building Code Official shall have authority to authorize
the use of alternative materials and methods in accordance with the
procedures and guidelines set forth in the Pennsylvania Uniform Construction
Code, Act 45 of 1999, as amended.
G. Section 105.1, Permits, is revised to read as follows:
§ 105.1 Permits Required.Any property owner
or authorized agent of a property owner who intends to conduct an
operation or business or install or modify systems and equipment which
is regulated by the International Fire Code, 2018 Edition, or cause
any such work to be done, shall first make application to the Director
and obtain the required permit. In the event the proposed activity
involves construction of facilities regulated by the Pennsylvania
Uniform Construction Code, Act 45 of 1999, as amended, application
for necessary permits shall also be made to the Building Code Official.
In the event of inconsistent language between the Pennsylvania Uniform
Construction Code and the International Fire Code, 2018 Edition, the
provisions of the Pennsylvania Uniform Construction Code shall apply.
[Amended 3-25-2024 by Ord. No. 2024-01]
§ 105.1-1 Types of Permits. There shall
be two types of permits as follows:
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(1)
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Operational permit. An operational permit allows the applicant
to conduct an operation or a business for which a permit is required
by Section 105.6 for either:
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1.1.
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A prescribed period.
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1.2.
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Until renewed or revoked.
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§ 105.1-2 Expiration. An operational
permit shall remain in effect until reissued, renewed or revoked,
or for such a period of time as specified in the permit.
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H. Section 108.1, Board of appeals established, is hereby revised to
read as follows:
§ 108.1 Board of Appeals Established. In order to hear and decide appeals of orders, decisions or determinations
made by the Director relative to the application and interpretation
of this chapter of the Township Code, there shall be and is hereby
created a Board of Appeals. The Board of Appeals shall be appointed
by the governing body and shall hold office at its pleasure. The Director
shall be an ex officio member of said Board but shall have no vote
on any matter before the Board. The Board shall adopt rules of procedure
for conducting its business and shall render all decisions and findings,
in writing, to the appellants with a duplicate copy to the Director.
I. Section 109.2, Notice of violation, is revised to read as follows:
§ 109.3 Notice of Violation. When the
Director finds a building, premises, vehicle, storage facility or
outdoor area that is in violation of this Code, the Director is authorized
to prepare a written notice of violation describing the conditions
deemed unsafe and, when compliance is not immediate, specifying a
time for reinspection.
§ 109.4 Violation Penalties. Persons
who shall violate a provision of this Code or shall fail to comply
with any of the requirements hereof or who shall erect, install, alter,
repair or do work in violation of the approved construction documents
or directive of the Fire Code Official, or of a permit or certificate
used under the provisions of this Code, shall be guilty of a summary
offense, punishable by a fine of not more than $1,000. Each day that
a violation of this Code continues shall be considered a separate
violation.
J. Section 109.4.1, Abatement of violation, is revised to read as follows:
§ 109.4.1. Abatement of Violation. In
addition to the imposition of the penalties herein described, the
Township Fire Code Official is authorized to institute appropriate
action to prevent unlawful construction or restrain, correct, or abate
a violation; or to prevent illegal occupancy of a structure or premises;
or to stop an illegal act, conduct of business or occupancy of a structure
on or about any premises.
K. Section 110.1, General, is revised to read as follows:
§ 110.1 General. If, during the inspection
of a premises, a building or structure, or any building system, in
whole or in part, constitutes a clear and inimical threat to human
life, safety or health, the Fire Code Official shall issue such notice
or orders to remove, abate or remedy the conditions as shall be deemed
necessary in accordance with this section and shall refer the building
to the Building Department for any repairs, alterations, remodeling,
removing or demolition required.
L. Section 110.1.2, Structural Hazards, is revised to read as follows:
§ 110.1.2 Structural Hazards. When an
apparent structural hazard is caused by the faulty installation, operation
or malfunction of any of the items or devices governed by this Code,
the Fire Code Official shall immediately notify the Building Code
Official.
M. Section 110.4, Abatement, is revised to read as follows:
§ 110.4. Abatement. The owner, operator
or occupant of a building or premises deemed unsafe by the Building
Code Official shall abate or cause to be abated or corrected such
unsafe conditions either by repair, rehabilitation, demolition, or
other approved corrective action.
N. Section 113, Fees, specifically Sections 113.1 and 113.2, are revised
to read as follows:
§ 113.1 Fees. A fee for each permit shall
be paid, as required, in accordance with the fee schedule established
and revised from time to time by resolution of the Board of Supervisors
of Hempfield Township.
O. Section 505.1, Address Identification, is hereby revised to read
as follows:
§ 505.1 Identification. All residential
dwellings and commercial structures which now have or may subsequently
receive an identification as a street number shall visually display
said designated street number as set forth herein.
[Amended 3-25-2024 by Ord. No. 2024-01]
§ 505.1.1 Residential Dwellings. Where any residence has a single mailbox at the street, said mailbox
shall have the assigned identification number affixed to both sides
of the mailbox, post or framework. In addition, all residences shall
have their assigned identification number affixed to the residence
in the vicinity of a front porch light if such light is available.
For multiple-family dwellings, only the main building number must
be posted where observable from the nearest public right-of-way, and
all interior apartment unit doors must be numbered.
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§ 505.1.2 Commercial Occupancies. All freestanding business signs which identify a business or group
of businesses shall have an identification number posted thereon.
Said number can be posted on the framework of the sign or be included
in the graphics thereof. Each individual business, building or suite
that fronts a right-of-way shall display an exterior identification
number facing the right-of-way. The number shall be placed, permanently
mounted, in a window or on the front of the structure. Businesses
or suites which do not front a right-of-way need not post an exterior
identification number. All businesses, buildings or suites which have
common entrances with other occupants must post an identification
number on their respective interior doors.
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§ 505.1.3 Numeral Specifications. All numerals shall be Arabic (i.e., 1, 2, 3, 4). All numerals shall
be contrasting in color from their background. All numerals which
are displayed in accordance herewith shall be maintained in a clear
and readable manner. It shall be the responsibility of the owner or
other person in charge of said facility to repair and/or replace said
numerals upon written notification from the Township.
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a.
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Residential Numerals. All numerals on mailboxes shall be reflective
and shall be a minimum of four inches in height and 1/2 inch in width.
All numerals displayed on the residential structures shall be a minimum
of four inches in height and 1/2 inch in width.
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b.
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Commercial Numerals. All numerals on the exterior buildings
or in windows shall be a minimum of six inches in height and 3/4 inch
in width. All numerals on interior doors must be a minimum of three
inches in height and 1/2 inch in width.
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The following sections of the International Fire Code, 2018
Edition, are hereby deleted:
C. Sections 105.3.2 through 105.5 and the subsections thereunder.
[Amended 3-25-2024 by Ord. No. 2024-01]
E. Sections 105.7.1 through 105.7.14.
G. Sections 113.3 through 113.5.
L. Sections 601 through 604.
M. Section 606, except Sections 606.6 and 606.14.
O. Section 905, except Sections 905.7, 905.9, 905.10 and 905.11.
P. Chapter
20, except Sections 2005 and 2007.
Q. Chapter
27, except Sections 2703.4, 2703.5, 2703.8 and 2703.9.
R. Chapter 29, except Sections 2903.3, 2903.4, 2903.5, 2903.6, 2903.7,
2905.3 and 2909.4.1.
S. Chapter
23, except to the extent superseded by the Pennsylvania Flammable and Combustible Liquids Act, Act of February 11, 1998, P.L. 58. Further, the following sections of Chapter
23 shall remain in full force and effect: 2304.2.3, 2304.3.4, 2304.3.5, 2305.5, 2305.6, 2305.7, 2309.3.1.2.1, 2309.3.1.2.2, 2309.3.1.2.3, 2209.3.1.4.4 and 2311.6.
[Added 3-25-2024 by Ord. No. 2024-01]
A. Inspection program authority. A program of fire and life safety and
emergency equipment inspection is authorized for the following: commercial
facilities, retail facilities, retail businesses, banks and all other
facilities used for retail, wholesale, storage facilities, manufacturing
facilities, processing facilities, auto repair shop, educational and
day cares, places of worship and multifamily, three or more units
served by common hallway. Exception: one and two single-family dwellings.
B. Program as cooperative endeavor. The program will be a cooperative
endeavor between the Fire Department and community under the jurisdiction
of the Hempfield Fire Department Fire Chief.
C. Annual fire and life safety and emergency equipment inspection. The
fire and life safety and emergency equipment inspection shall be performed
annually, or more frequently, if at the discretion of the Hempfield
Fire Department Fire Chief or designee, a property or properties subject
to this chapter requires more frequent inspections. It shall be the
responsibility of the property owner to have said inspection performed.
The facilities will be evaluated in accordance with the 2018 International
Fire Code. The inspection shall include, but is not limited to the
following matters:
(1) Fire suppression and fire alarm system.
(4) Electrical service and panels.
(5) Utility and storage area.
(7) Chapter 11 of the 2018 International Fire Code.
(8) Storage and handling of hazardous substance and materials.
(9) Any other aspect of a building or operation regulated by the 2018
International Fire Code.
D. Process of cooperation. The owner or tenant or authorized agent shall
complete application for fire and life safety inspection. The property
owner, tenant or authorized agent shall cooperate with the Hempfield
Fire Department Fire Chief or designee. Once all fees have been paid
to Hempfield Township, an inspection can be scheduled. The Hempfield
Fire Department Fire Chief or designee will perform an inspection
of the facility. All violations will be noted and a report will be
prepared and sent to the property owner, tenant or authorized agent
within five business days. Based off of violation severity, a reasonable
timeline for correction will be assigned. Once all violations have
been repaired, the property owner, tenant or authorized agent will
contact the Hempfield Fire Department Fire Chief or designee to schedule
reinspection. At the completion of the inspection or reinspection,
the Hempfield Fire Department Fire Chief or designee will issue a
certificate to the property owner, tenant or authorized agent to display
in unit.
[Amended 3-25-2024 by Ord. No. 2024-01]
A. General regulations.
(1) All outdoor burning and fires are expressly prohibited except as
may be authorized under the terms hereof.
(2) A permit issued by Hempfield Township shall be required for all outdoor
burning and fires for all categories in this section except residential
areas.
(3) The Board of Supervisors of Hempfield Township shall, from time to
time, by resolution, adopt and authorize a permit form and a schedule
of fees to be imposed for the issuance of permits hereunder.
(4) No person or persons shall set or maintain any outdoor burning or
fires upon the paved portion of any street, alley, or public grounds
in Hempfield Township or burn or cause to be burned upon such street,
alley, or public grounds any newspaper or paper product, boxes, rubbish,
leaves or material or substance of any kind.
(5) No person or persons shall knowingly maintain a fire hazard on any
property within Hempfield Township.
(6) No person or persons shall deliberately, knowingly, carelessly, or
negligently set fire to or cause the burning of any material in such
manner as to endanger the safety of any person or property.
(7) All outdoor burning and fires are prohibited during Red Flag events,
poor air quality and drought conditions.
B. Residential areas.
(1) All outdoor burning or fires in areas of residential dwellings shall
be limited to burning of twigs and yard waste during the hours of
8:00 a.m. to 2:00 p.m. on Saturday and shall not be located closer
than 25 feet to any combustible material or structure or 30 feet to
any property line.
(2) All outdoor burning or fires in areas of residential dwellings shall
be controlled in a safe manner and have a water supply attended by
an individual or an equal extinguishing agent throughout the duration
of the burning.
(3) Except as herein provided in Subsection
B(5), no person or persons shall set or maintain any outdoor burning or fires closer than 25 feet to any combustible material or structure or 30 feet to any property line.
(4) No person or persons shall burn or cause to be burned any garbage, newspaper or paper products, rubber, tires, paint, animal waste, plastics, diapers, toxic materials, or other matter consisting of solid waste as the term is defined in §
70-3 of the Code of Hempfield Township.
(5) Outdoor fireplaces, grills, fire pits, and stone rings used exclusively
for recreational purposes and/or for food preparation shall be exempt
from these regulations; provided, however, that said outdoor fireplaces,
grills, fire pits, and stone rings shall not be located closer than
15 feet to any property line.
C. Commercial properties.
(1) All outdoor burning or fires at commercial properties shall be limited
to between the hours of 7:00 a.m. and 1:00 p.m. on such dates and
at such specific times as designated and authorized by the Hempfield
Fire Department Fire Chief or designee.
(2) All outdoor burning or fires at commercial properties shall be controlled
in a safe manner, as approved and authorized by the Hempfield Fire
Department Fire Chief or designee, and have a water supply attended
by an individual or equal extinguishing agent throughout the duration
of the burning; and they shall not be located closer than 50 feet
to any combustible material or structure or 30 feet to any property
line.
(3) No person or persons shall set or maintain any outdoor burning or
fires closer than 50 feet to any structure or property line, except
as may be otherwise authorized and designated by the Hempfield Fire
Department Fire Chief or designee.
(4) No person or persons shall burn or cause to be burned any garbage,
newspaper and paper products, leaves, rubber, tires, paint, animal
waste, plastics, diapers or hazardous or toxic materials.
(5) Hempfield Township reserves the right to deny any and all permits
for outdoor burning or fires at commercial properties.
D. Bonfires. Bonfires usually are large and associated with some kind
of planned event (for example, a school pep rally, holiday celebration
or camp celebration). This section restricts the location of these
large fires to open areas in which sparks and burning embers would
be unlikely to endanger structures and smoke would not be a significant
hazard to public health. Allowing a bonfire in a barbeque pit automatically
restricts the size of the fire to the fuel load that can be contained
within the noncombustible fire pit.
(1) Bonfires for amusement purposes shall be permitted only upon the
specific approval of the Hempfield Fire Department Fire Chief or designee.
(2) All bonfires shall be controlled in a safe manner, as approved and
authorized by the Hempfield Fire Department Fire Chief or designee,
and have a water supply attended by an individual or equal extinguishing
agent throughout the duration of the burning; and they shall not be
located closer than 50 feet to any combustible material or structure
or 30 feet to any property line.
E. Land developments. Land development includes any of the following
activities: The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving a group of two
or more residential or nonresidential buildings, whether proposed
initially or cumulatively, or a single nonresidential building on
a lot or lots regardless of the number of occupants or tenure; or
the division or allocation of land or space, whether initially or
cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features. This
also includes a subdivision of land or a development in accordance
with Section 503(1.1) of the Pennsylvania Municipalities Planning
Code.
(1) All outdoor burning or fires at areas of land development for the
purpose of clearing the property and removal of vegetation and other
debris shall be limited to such dates and items as designated and
authorized by the Hempfield Fire Department Fire Chief or designee.
(2) All outdoor burning or fires at areas of land development shall be
controlled and managed using a properly utilized air-curtain destructor
with a firepit and shall have a water supply attended by an individual
or an equal extinguishing agent throughout the duration of the burning;
and they shall not be located closer than 50 feet to any combustible
material or structure or 30 feet to any property line.
(3) No person or persons shall burn or cause to be burned any garbage,
rubber, tires, paint, animal waste, plastics, diapers or hazardous
or toxic materials.
F. Salvage operations and demolition projects.
(1) All outdoor burning or fires at areas of salvage operations and/or
demolition projects shall be limited to such dates and times as designated
and authorized by the Hempfield Fire Department Fire Chief or designee.
(2) All outdoor burning or fires at areas of salvage operations and/or
demolition projects shall be controlled and managed by use of a properly
utilized air-curtain destructor with a firepit and shall have a water
supply attended by an individual or an equal extinguishing agent throughout
the duration of the burning; and they shall not be located closer
than 50 feet to any combustible material or structure or 30 feet to
any property line.
(3) No person or persons shall burn or cause to be burned any garbage,
rubber, tires, paint, animal waste, plastics, diapers or hazardous
or toxic materials.
G. Construction sites, residential and commercial. No person shall set
or maintain any outdoor burning or fires during the construction or
remodeling of any structures within Hempfield Township.
H. Agricultural properties. Nothing herein shall regulate or restrict the reasonable and safe use of outdoor burning or fires by any person or persons for or incidental to any valid "agricultural use" within Hempfield Township, as the same is defined and set forth in Chapter
87, Zoning, §
87-210, Definitions, of the Code of the Hempfield Township. A valid agricultural use must be supported by submission to the Township of a true and correct copy of Schedule F, Profit or Loss from Farming, as approved by the Internal Revenue Service.