[HISTORY: Adopted by the Board of Commissioners
of the Township of Marple as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-14-1986 by Ord. No. 86-17 (Ch.
44 of the 1971 Code)]
[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.
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.
As used in the Fire Prevention Code, the following
terms shall have the meanings indicated:
The Fire Marshal.
The Solicitors of the Township of Marple.
The Township of Marple.
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.
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:
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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.
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[1]
Editor's Note: Section numbers from the BOCA
National Fire Prevention Code refer to the 1987 edition.
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.
A.
Article 3, Section F-308.0, shall be amended to add
Section F-308.4, Use of kerosene heaters, as follows:
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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.
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B.
Article 3, Section F-313.0, Fire Lanes, shall be amended
as follows:
[Amended 6-10-2013 by Ord. No. 2013-5]
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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:
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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.
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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.
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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:
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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.
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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.
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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.
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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.
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F-313.5 Enforcement: The Bureau of Fire Prevention
and the Police Department shall have concurrent jurisdiction to enforce
the provisions of this section.
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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.
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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.
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C.
Section F-404.0, Fire Protection Systems, shall be
amended as follows:
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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.
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1.
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Every floor shall have a siamese one-and-one-half-inch
national standard quarter-turn valve for Fire Department use.
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2.
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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:
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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.
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E.
Section F-404.0, Fire Protection Systems, shall be
amended to add the following:
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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.
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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:
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F-3002.2 Bulk storage: Bulk storage
is prohibited without the approval of the Fire Official and Marple
Township Commissioners.
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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:
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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.
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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.
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[1]
Editor's Note: Section numbers from the BOCA
National Fire Prevention Code refer to the 1987 edition.
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.
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.
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.
[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]
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.
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.
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.
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.
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.
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.
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.
This ordinance shall become effective immediately
upon passage.
