[HISTORY: Adopted by the Borough Council of the Borough of
Parkside 11-16-1983 by Ord. No.
323. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any listed portable kerosene heater which:
Has a fuel capacity of no more than two gallons.
Emits no more than 0.04% carbon monoxide in an air-free sample
of fuel gases at maximum heat output and no more than 0.08% at recommended
low-fire setting.
Has a minimum tipping angle of no more than 33° from the
vertical with a full fuel reservoir.
Has an automatic shutoff safety device or inherent design feature
which extinguishes the heating flame upon tipover in not more than
10 seconds.
Includes as standard equipment a pump or siphon for refueling.
Is packaged with instructions advising the purchaser of proper
maintenance and operation.
Bears labeling, in conspicuous letters, cautioning and informing
the purchaser as to:
The need for an adequate source of ventilation when the heater
is in operation.
The use of only suitable fuel for the heater.
The proper manner of refueling.
The proper placement and handling of the heater when in operation.
The proper procedures for lighting, flame regulation and extinguishing
the heater.
The use of a building or structure or any portion thereof
by a gathering of persons for the purpose of amusement, entertainment,
instruction, worship, transportation, sports, military drills or similar
purposes, with admission being either public or private.
The use of a building or structure or any portion thereof
by persons assembled for the purpose of learning or of receiving educational
instruction.
The use of a building or structure or any portion thereof
to provide medical or other treatment or care of persons suffering
from physical or mental disease or infirmity, or to provide care of
infants, convalescents or aged persons.
The use of a building or structure or any portion thereof
that involves highly combustible, highly flammable, hazardous chemical
or explosive material or which has inherent characteristics that constitute
a special fire hazard.
The use of a building or structure or any portion thereof
for assembling, fabricating, finishing, manufacturing, packaging or
processing operations.
Any person, business or corporation selling or offering for
sale kerosene to individual consumers, whether from a place of business
located in the Borough of Parkside or by delivery of fuel directly
to consumers within the Borough of Parkside.
Any portable kerosene heater which has been tested by an
independent, nationally recognized testing or inspection agency acceptable
to the Secretary of State and which has been determined to meet generally
accepted standards for such heaters. Such determination shall be evidenced
by either the inclusion of the heater on a list published by such
agency or by the heater bearing the listing mark of such agency.
The use of a building or structure or any portion thereof
for the displaying, selling or buying of goods, wares or merchandise.
A dwelling which is either rented, leased, let or hired out
to be occupied or which is occupied as the residence or home of two
or more families living independently of each other and shall include
dwelling portions of hospitals, nursing homes, convents, monasteries
and public institutions.
The owner of any real property or of a lesser estate therein,
a mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, agent or other person, firm or corporation
directly or indirectly in control of real property.
Includes the owner, mortgagee or vendee in possession, assignee
of rents, receiver, executor, trustee, lessee, agent or any other
person, firm or corporation directly or indirectly in control of a
structure or part thereof.
Any non-flue-connected, self-contained, self-supporting,
kerosene-fueled heating appliance equipped with an integral reservoir,
designed to be carried from one location to another.
The use of a building or structure or any portion thereof
for the storage of goods, wares, merchandise, raw materials, agricultural
or manufactured products, including the sheltering of livestock and
other animals.
Any completed construction of any kind, including but not
limited to private dwellings or to any structure used for business,
commercial or industrial purposes; buildings under construction or
buildings used solely for agricultural purposes.
Portable kerosene heaters which do not meet the requirements set forth in the definition of "approved portable kerosene heater" in § 103-1 of this chapter are prohibited in structures. It shall be unlawful for any person to use any portable kerosene heater, except an approved portable kerosene heater, in any portion of a structure or, being the owner of such structure, to provide or place or cause to be provided or placed in any portion of a structure a portable kerosene heater, except an approved portable kerosene heater, for use by any occupancy of such structure.
A.
All unapproved portable kerosene heaters offered for sale in the
Borough of Parkside shall have printed thereon or attached thereto
the following statement: "This heater is not approved for residential
or commercial use in the Borough of Parkside." There shall also be
printed thereon or attached thereto such other information as may
be required by the Fire Marshal of the Borough of Parkside.
B.
It shall be a violation of the chapter to sell or offer to sell an
unapproved kerosene heater for use in a residential or commercial
structure in the Borough of Parkside.
Portable kerosene heaters are prohibited in the following classes
of structure and occupancies:
A.
Assembly occupancy.
B.
Educational occupancy.
C.
Health care occupancy.
D.
High-hazard occupancy.
E.
Industrial occupancy.
F.
Mercantile occupancy.
G.
Multiple dwelling having more than two separate living quarters.
H.
Storage occupancy.
I.
In any other structure where combustible or flammable liquids, readily
combustible materials or hazardous materials are stored, handled,
manufactured or processed.
J.
In any commercial structure which has no openable windows for ventilation
and in which the heating, ventilating and air-conditioning system
recirculates a portion of the return air.
It is mandatory that a fire extinguisher be readily available
in homes or premises which use kerosene heaters.
A.
Maximum storage of kerosene will be limited to five gallons in a
structure in an approved UL-labeled container.
B.
Fifty-five-gallon drum storage by a homeowner or occupant must meet
the following:
(1)
Storage shall be at least 10 feet away from any inhabited structure
or part of any inhabited structure.
(2)
Storage shall be in an approved UL-labeled drum.
(3)
Drums must have locking valves and shall be locked at all times.
(4)
The use of any and all containers for storage of kerosene shall be
clearly identified as containing kerosene.
C.
The original filling or refilling of the kerosene heater must take
place outside the building, in the open air.
A.
All kerosene fuel sold within the Borough of Parkside must be sold
according to the standard grades established by the American Society
for Testing and Materials for kerosene as follows:
B.
Sellers of kerosene fuel, wholesale and retail, must provide the
purchaser with a receipt indicating the grade of fuel sold.
D.
All kerosene fuel containers filled by a retailer must be clearly
labeled by the retailer to indicate the contents thereof, as specifically
required in Section I, Act of April 27, 1982, P.L. 450, as amended,
35 P.S. § 1181.[2]
[2]
Editor's Note: The provisions in 35 P.S. § 1181(b)
and (c) were repealed 2-11-1998 by P.L. 58, No. 15.
[Amended 12-21-1988 by Ord. No. 349]
Any person, firm or corporation violating any provision of this
chapter shall, upon summary conviction before any District Justice,
be subject to a fine not exceeding $1,000, plus costs of prosecution
and, in default of payment of fine and costs, such person may be imprisoned
in the county jail for not more than 30 days. Each and every day in
which any person shall be in violation of this chapter shall constitute
a separate offense.
Nothing in this chapter shall be construed to affect any suit
or proceeding now pending in any court or any rights acquired or liability
incurred or any cause or causes of action accrued or existing under
any act or ordinance repealed hereby. No right or remedy of any character
shall be lost, impaired or affected by this chapter.
