Township of Marple, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Marple as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Department of Code Enforcement — See Ch. 8.
Commercial maintenance code — See Ch. 114.
Uniform Construction Code — See Ch. 116.
Contractors — See Ch. 118.
Electrical standards — See Ch. 125.
Explosives — See Ch. 129.
Housing — See Ch. 170.
Plumbing — See Ch. 206.
[Adopted 10-14-1986 by Ord. No. 86-17 (Ch. 44 of the 1971 Code)]

§ 136-1 Adoption of standards.

[Amended 6-12-2000 by Ord. No. 2000-10]
There is hereby adopted by the Township of Marple for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as the "BOCA National Fire Prevention Code," being particularly the 1999 edition, recommended by the Building Officials and Code Administrators International, Inc., and the Life Safety Code (NFPA 101, 1985) recommended by the National Fire Protection Association, both of which are hereinafter collectively referred to as the "Fire Prevention Code of the Township of Marple." No fewer than three copies of each of the two above-mentioned codes which are part of the Fire Prevention Code of the Township of Marple have been and now are filed in the office of the Township Secretary, and the same are hereby adopted and incorporated as fully as if set out at length herein. From the date on which this section shall take effect, the provisions of the Fire Prevention Code shall be controlling within the limits of the Township of Marple.

§ 136-2 Bureau of Fire Prevention established; enforcement.

A. 
The Bureau of Fire Prevention of the Township of Marple, cooperating under the supervision of the Board of Commissioners, is hereby established. The members of the Bureau shall be composed of a Fire Marshal of the Township of Marple, who shall be appointed by the Board of Commissioners, and such other Assistant Fire Marshals or Inspectors as the Board shall from time to time appoint. The Fire Marshal and such other Assistant Fire Marshals or Inspectors shall serve at the pleasure of the Board of Commissioners and shall be appointed annually by the Board of Commissioners. The Fire Department of the Township of Marple shall recommend in December of each year to the Board of Commissioners candidates for the office of Fire Marshal and Assistant Fire Marshals or Inspectors. The annual compensation for the Fire Marshal shall be $3,000 and the Assistant Fire Marshal(s) shall be $1,200 to be paid on a quarterly basis.
[Amended 6-12-2000 by Ord. No. 2000-10; 6-11-2001 by Ord. No. 2001-10]
B. 
The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention of the Township of Marple and shall be operated under the supervision of the Fire Marshal.
C. 
The Chief in charge of the Bureau of Fire Prevention shall be the Fire Marshal.
D. 
The Fire Marshal shall recommend to the Board of Commissioners for appointment such members of the Fire Department as inspectors as shall from time to time be necessary.
E. 
A report of the Chief of the Bureau of Fire Prevention shall be made monthly and transmitted to the President of the Board of Commissioners of the Township of Marple; it shall contain all proceedings under this code, with such statistics as the Chief of the Fire Department may wish to include therein; the Chief of the Fire Department shall also recommend any amendments to the code which in his judgment shall be desirable.

§ 136-3 Definitions.

As used in the Fire Prevention Code, the following terms shall have the meanings indicated:
CHIEF OF THE BUREAU OF THE FIRE PREVENTION
The Fire Marshal.
CORPORATION COUNSEL
The Solicitors of the Township of Marple.
MUNICIPALITY
The Township of Marple.

§ 136-4 Storage of flammable liquids in outside aboveground tanks. [1]

The storage of flammable liquids in outside aboveground tanks shall be as follows:
A. 
The limits referred to in Section F-2803.0 of the Fire Prevention Code, in which storage of flammable liquids in outside aboveground tanks is prohibited.
B. 
The limits referred to in Section F-2803.0 of the Fire Prevention Code, in which new bulk plants for flammable liquids are prohibited.
[1]
Editor's Note: Section numbers from the BOCA National Fire Prevention Code refer to the 1987 edition.

§ 136-5 Bulk storage of liquefied petroleum gas. [1]

A. 
Bulk storage of liquefied petroleum gases shall be as follows: The limits referred to in Section F-3002.0 of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted.
B. 
Section F-3000.2, Permit required, shall be as follows:
F-3000.2 Permit required: A permit shall be obtained from the fire official for each installation of liquefied petroleum of 2,000 gallons' individual water capacity. Prior to making such an installation, an installer shall submit plans to the fire official, and if compliance with the requirements of this code is shown by said plans, a permit shall be issued.
[1]
Editor's Note: Section numbers from the BOCA National Fire Prevention Code refer to the 1987 edition.

§ 136-6 Storage of explosives and blasting agents. [1]

The storage of explosives and blasting agents shall be as follows: The limits referred to Section F-2602.1 of the Fire Prevention Code.
[1]
Editor's Note: Section numbers from the BOCA National Fire Prevention Code refer to the 1987 edition.

§ 136-7 Amendments and modifications to standards. [1]

A. 
Article 3, Section F-308.0, shall be amended to add Section F-308.4, Use of kerosene heaters, as follows:
F-308.4 Use of kerosene heaters: The use of portable kerosene heaters and permanently mounted kerosene heaters is approved for use in Marple Township, but units must be Underwriter's Laboratories, Inc., approved and shall have such Underwriter's Laboratories, Inc., label on the unit.
B. 
Article 3, Section F-313.0, Fire Lanes, shall be amended as follows:
[Amended 6-10-2013 by Ord. No. 2013-5]
F-313.0 Fire lanes/zones: Pursuant to the provisions of the International Fire Code 2012, the Township hereby creates fire lanes/zones in order to address concerns relating to parking and the obstruction of fire equipment as follows:
F-313.1 Definition: As used in this section, a fire lane or fire zone shall be interchangeable. A "fire lane/zone" is defined as any designated area that may be part of a traffic circulation system and/or the areas of ingress/egress adjacent to a building or other designated location as to provide an immediate and unobstructed route and/or access for firefighting operations, equipment and personnel.
F-313.2 Fire lane/zone designation: The Fire Official, under the direction of the International Fire Code, shall designate fire lanes/zones within the Township of Marple.
F-313.3 Marking of fire lanes/zones: It shall be the responsibility of the owner or operator of the premises upon which the fire lane/zone is established to install the appropriate identification at his expense. All fire lane/zone markings shall be maintained and be legible at all times in accordance with the following:
1. Striping and curbs: Where applicable, fire lanes/zones shall be identified by painting the curb yellow and shall be striped with yellow lines four inches in width placed diagonally from the curb or road edge and shall be outlined along their entire perimeter. Fire lane/zone widths and lengths shall be designed by the Fire Official as appropriate.
2. Pavement lettering: The legend "No Parking Fire Lane/Zone" shall be placed within the striped area of the fire lane/zone at a minimum of one-hundred-foot intervals or as designated by the Fire Official. The lettering shall be 18 inches high and yellow in color.
3. Signage: In areas where striping cannot be applied, a metal "No Parking Fire Lane/Zone" sign shall be posted. Fire lane/zone signs shall measure 12 inches by 18 inches and have a white reflective background with a minimum two-inch-high red reflective lettering which reads "NO PARKING FIRE LANE/ZONE." Fire lane/zone signs shall be displayed at the beginning and end of the fire lane/zone and at such intervals as required by the Fire Official, but not more than 100 feet center to center. Fire lane/zone signs shall be placed facing the direction of traffic flow. Fire lane/zone signs may be placed on existing supports.
F-313.4 Serviceability: Any and all fire lanes/zones created prior to this ordinance,[2] including those marked "No Parking by Order of Fire Marshal," are hereby continued in effect. It shall be at the discretion of the Fire Official if repairs or modifications shall be made to any preexisting fire lanes/zones if they are not in conformity with this section. In no circumstance shall modifications be permitted which will create a lesser standard than the original approval of said fire lane/zone.
F-313.5 Enforcement: The Bureau of Fire Prevention and the Police Department shall have concurrent jurisdiction to enforce the provisions of this section.
F-313.6 Parking prohibited or obstruction of fire lanes/zones: It is hereby prohibited for any person at any time to park, stop, stand or leave unattended a motor vehicle in areas designated as a fire lane/zone, nor shall any person, firm or corporation place or construct any structure in an area designated as a fire lane/zone which will impair the access of firefighting apparatus or firefighters or impair the use of any exit or exit discharge of a building.
F-313.7 Violations and penalties: Any person who violates item F-313.6 of this section shall be assessed a fine of $100 per occurrence for parking in and or obstructing any designated fire lane/zone, both public and private, within the boundaries of the Township of Marple. If deemed necessary by the enforcing agency, the vehicle may be removed and stored at the owner's expense. Persons pleading guilty or who are convicted in Municipal Court of violating this ordinance[3] shall also incur any court costs associated with appearing in Court. Court costs and fines shall be payable to the Clerk of the Municipal Court. The Court shall turn over any monies collected for this violation to the Municipal Treasurer as prescribed by law.
[2]
Editor's Note: Refers to Ord. No. 2013-5.
[3]
Editor's Note: Refers to Ord. No. 2013-5.
C. 
Section F-404.0, Fire Protection Systems, shall be amended as follows:
F-404.3 Fire standpipes: All buildings having floors used for human occupancy located three stories above grade shall be provided with standpipes according to the building code listed in Appendix A, except that an automatic water supply, hose and cabinets are not required. The standpipes shall have an approved Fire Department connection at grade and hose connections at each floor level.
1.
Every floor shall have a siamese one-and-one-half-inch national standard quarter-turn valve for Fire Department use.
2.
All mobile homes shall have residential-type sprinklers in accordance with National Fire Protection Association Sprinkler Code 13-D.
[Added 3-14-1988 by Ord. No. 88-7]
D. 
Section F-503.0, Periodic Inspections and Tests, shall be amended to add the following:
F-503.10 Maintenance and flow-testing of hydrants: All fire hydrants which are not maintained and flow-tested by the public water company must be done by the owner at his expense yearly and a record kept of time and flow results. Hydrants must be kept in good condition and available at all times for Fire Department use.
E. 
Section F-404.0, Fire Protection Systems, shall be amended to add the following:
F-404.6 Smoke detectors required: All family dwelling units shall have smoke detectors in all sleeping areas by May of 1989 or when property changes ownership, and the Housing Inspector will make that part of his inspection.
F. 
Section F-3002.0, Container Storage, shall be amended to delete Section F-3002.2, Multiple containers, in its entirety and add a new Section F-3002.2, Bulk storage, as follows:
F-3002.2 Bulk storage: Bulk storage is prohibited without the approval of the Fire Official and Marple Township Commissioners.
G. 
[Added 4-9-2001 by Ord. No. 2001-9] Section F-518.0, fire Department Connections, of the 1999 National Fire Prevention Code is amended as follows:
F-518.1 Installation: All Fire Department connections shall be a four-inch stortz connection installed in accordance with the building code listed in Chapter 44.
F-518.1.2 Connection modification compliance: Existing structures and premises that do not comply with the requirements of Section F-518.1 shall be altered, repaired or modified within 180 days from the effective date of this subsection.
[1]
Editor's Note: Section numbers from the BOCA National Fire Prevention Code refer to the 1987 edition.

§ 136-8 Authorization to modify standards.

The Chief of the Bureau of Fire Prevention shall have the power to modify any of the provisions of the Fire Prevention Code upon application, in writing, by the owner or lessee or his duly authorized agent when there are practical difficulties in the way of carrying out the strict letter of the code, provided that the spirit of the code shall be observed, public safety secured and substantial justice done. The particulars of such modification, when granted or allowed, and the decision of the Chief of the Bureau of Fire Prevention thereon shall be entered upon the records of the Department, and a signed copy shall be furnished the applicant.

§ 136-9 Appeals.

Whenever the Bureau of Fire Prevention shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Bureau of Fire Prevention to the Board of Commissioners of the Township of Marple within 30 days from the date of the decision of the Bureau of Fire Prevention.

§ 136-10 New materials requiring permits.

The Police Commissioner, the Chief of the Fire Department and the Chief of the Bureau of Fire Prevention 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 now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such lists in a conspicuous place in his office and distribute copies thereof to interested persons.

§ 136-11 Violations and penalties.

[Amended 6-12-2000 by Ord. No. 2000-10]
Any person who shall violate any of the provisions of this article or of the code hereby adopted or fail to comply therewith or thereunder or who shall build in violation of any detailed statement or specifications, plans submitted or issued thereunder or any certificate or permit issued thereunder from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Board of Commissioners or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, upon conviction thereof, be punishable by a fine of not more than $1,000, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Adopted 1-8-2007 by Ord. No. 2007-5]

§ 136-12 Limitation on payment of claims.

No insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim to a named insured for fire damage to a structure located within the Township of Marple where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500 unless the insurance company, association or exchange is furnished with a certificate pursuant to 40 P.S. § 638(b), as from time to time amended, and unless there is compliance with 40 P.S. § 638(c) and (d), as from time to time amended, and the provisions of this ordinance.

§ 136-13 Adoption of statutory procedures.

The Township of Marple hereby authorizes and adopts the procedures described in 40 P.S. § 638(c) and (d), as from time to time amended.

§ 136-14 Construal of provisions.

Nothing in this ordinance shall be construed to limit the ability of the Township of Marple to recover any deficiency. Furthermore, nothing in this ordinance shall be construed to prohibit the Township of Marple and the named insured from entering into an agreement and permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.

§ 136-15 Adoption of procedures and regulations and fees.

The Board of Commissioners of Marple Township may, by resolution, adopt procedures and regulations to implement the provisions of 40 P.S. § 638 et seq. and this ordinance and may, by resolution, fix reasonable fees to be charged for Township activities or services provided pursuant to 40 P.S. § 638 et seq. and this ordinance, including but not limited to the issuance of certificates and bills, the performance of inspections and opening require separate fund accounts.

§ 136-16 Violations and penalties.

Any owner of property, any named insured or any insuring agent who violates this ordinance shall be subject to the penalty set forth in § 136-11.

§ 136-17 Severability.

The provisions of this ordinance shall be severable, and if any of the provisions hereof shall be invalid or unenforceable, the remaining provisions of this ordinance shall remain in effect.

§ 136-18 Repealer.

All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.

§ 136-19 When effective.

This ordinance shall become effective immediately upon passage.