[HISTORY: Adopted by the Board of Supervisors of the Township of
Warwick 5-6-1998 by Ord. No. 186. Amendments
noted where applicable.]
A certain document, copies of which have been and are presently on file in the Office of the Secretary of the Township of Warwick, Lancaster County, Pennsylvania, being marked and designated as "Building Officials and Code Administrators, Inc., BOCA National Fire Prevention Code/1996," be and is adopted as the Fire Prevention Code of the Township of Warwick, creating a code of fire prevention regulations for the protection of public health, safety and welfare as herein provided. Each and all of the regulations of the BOCA National Fire Prevention Code/1996, Tenth Edition, except as provided in § 168-2 of this chapter, are hereby referred to, adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, enumerated in § 168-2 of this chapter.
Changes from the BOCA National Fire Prevention Code/1996, Tenth Edition,
to the Fire Prevention Code of the Township of Warwick are as follows:
A.
Section F-100.1. Insert "Township of Warwick, Lancaster
County, Pennsylvania."
B.
Section F-102.3 shall provide as follows:
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F-102.3 Application of Building Code: The planning, design
and construction of new buildings and structures to provide egress facilities,
fire protection and built-in fire protection equipment shall be controlled
by the Township of Warwick Building Code and other applicable regulations
which are or may be enacted by the Board of Supervisors in the future; and
any alterations, additions or changes in building required by the provisions
of the code which are within the scope of the Township of Warwick Building
Code shall be made in accordance therewith.
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C.
Section F-105.1 shall provide as follows:
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F-105.1 Enforcement Officer: It shall be the duty and the
responsibility of the duly appointed Code Enforcement Officer to enforce the
provisions of the Fire Prevention Code as herein set forth. The designated
Code Enforcement Officer of this code is herein referred to as the Code Official.
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D.
Section F-107.2 shall provide as follows:
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F-107.2 Permits required: Permits shall be obtained from
the Code Official prior to installing or establishing any use or activity
for which a permit is required by Table F-107.2.3.[1] For uses or activities in existence on the effective date of this
Fire Prevention Code, a permit shall be obtained within 60 days after receiving
written notification from the Township directing that the landowner or occupier
of a premises make application for a permit which is required by Table F-107.2.3.
If a use or activity requires yearly renewal of a permit, the permit holder
shall submit an application for renewal of such permit at least 30 days prior
to the expiration date of such permit. No application for a permit shall be
considered to be complete unless the required fee is included. Permits shall
be kept on the premises designated therein at all times and shall be readily
available for inspection by the Code Official.
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[1]
Editor's Note: Table F-107.2.3 is included at the end of this chapter.
E.
Section F-107.2.3 providing that permits shall be required
in accordance with Table F-107.2.3 shall incorporate the table set forth as
Exhibit "A" to this chapter.[2] Fees for the permits set forth in Table F-107.2.3 shall be established
by ordinance or resolution of the Board of Supervisors.
[2]
Editor's Note: Table F-107.2.3 is included at the end of this chapter.
F.
Section F-107.8 shall provide as follows:
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F-107.8 Payment of Fees: Applicants for permits under this
code shall pay to the Township at the time of application the fees set forth
on the then-current fee schedule which shall have been adopted by resolution
or ordinance of the Board of Supervisors. A permit shall not be issued until
the designated fees are paid.
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G.
Insert a new Section F-107.8.1 which shall provide as
follows:
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F-107.8.1 Accounting: All fees collected shall be received
and accounted for by the Township Treasurer. Such fees shall be deposited
in the Township treasury or otherwise handled as required by law.
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H.
Section F-111.2 shall provide as follows:
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F-111.2 Unlawful Continuance: Any person who shall refuse
to leave, interfere with the evacuation of other occupants, or continue 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 guilty of a summary offense.
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I.
Section F-112.2 shall provide as follows:
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F-112.2 Failure to Correct Violation: If the notice of
violation is not complied with within the time specified by the Code Official,
the Code Official shall serve a citation upon the violator and/or shall notify
the Board of Supervisors of the failure to comply with the notice of violation
and request the Township Solicitor to be authorized to institute the appropriate
legal proceedings to restrain, correct or abate such violation or to require
removal of 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 shall be requested by the Code Official
to make arrests for any offenses against this code or orders of the Code Official
affecting the immediate safety of the public.
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J.
Section F-112.3 shall provide as follows:
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F-112.3 Penalty for Violation: 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 or permit the use or occupancy of a building or a structure in violation
of any approved plan or directive of the Code Official or of any order, permit
or certificate issued under the provisions of this code; or who shall violate
any order of the Code Official shall be liable upon summary conviction thereof
to fines and penalties not less than $200 or more than $1,000 plus costs of
prosecution, which fines and penalties may be collected as provided by law.
All fines and penalties collected for violation of this code shall be paid
over to the Township treasury. Each day that a violation continues shall be
deemed a separate offense.
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K.
Section F-113.0, Means of Appeal, shall be deleted in
its entirety. A new Section F-113.0, Appeals, shall be inserted which shall
provide as follows:
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F-113.1. Appeals: An appeal from any decision of the Code
Official may be taken to the Board of Supervisors. Such appeal shall be made
in writing within 10 days after such decision has been made. The appeal shall
be verified by an affidavit and shall be filed with the Township Secretary.
The appellant or his representative shall have the right to appear and be
heard, if such right is requested in the written appeal. A prompt decision
of such appeal shall be made by the Board of Supervisors. In making a decision,
the Board of Supervisors may vary or modify any provision of this code where
there are practical difficulties in the way of executing the strict letter
of the law so that the spirit of the law shall be observed, public safety
secured and substantial justice done. Such variation or modification shall
be the minimum necessary in order to grant relief. Every action of the Board
of Supervisors on such appeals shall be by resolution, copies of which shall
be certified to the Code Official and the appellant.
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L.
Section F-403.0 shall provide as follows:
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F-403.0 Open Burning: Open burning shall be regulated in
accordance with the provisions of Chapter 111, Open Burning, of the Code of
the Township of Warwick.
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M.
Section F-503.4.2 shall provide as follows:
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F-503.4.2 Power Source: The power source for smoke detectors
installed during construction of a structure or during enlargement or renovation
of a structure shall be an AC primary source. The power source for smoke detectors
installed in existing structures shall be either an AC primary power source
or a monitorized battery primary power source.
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N.
A new Section F-503.4.4 shall be added which shall provide
as follows:
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F-503.4.4 Certifications and Existing Regulations: If any provision of the regulations governing smoke detectors previously enacted by the Township and codified as Chapter 252, Smoke Detectors, shall be more stringent than the requirements of this code, the provisions such Chapter 252 shall apply. All provisions of such Chapter 252 requiring inspections and certifications at change of occupancy shall not be superseded or repealed by this code.
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O.
Section F-3003.2 shall be amended to provide as follows:
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F-3003.2 Storage: The storage of explosive materials shall be permitted only if such storage shall comply with all applicable regulations of Chapter 340, Zoning, and with all requirements of this code. Notwithstanding the foregoing, temporary storage of explosive materials utilized in connection with approved blasting operations shall be permitted.
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