Borough of Girard, PA
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Girard 4-21-1969 by Ord. No. 392 (Ch. IX of the 1974 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Alarms and alarm systems — See Ch. 108.
Open burning — See Ch. 133.
Construction — See Ch. 145.
Fire hydrants — See Ch. 189.
Fire insurance claims — See Ch. 193.
Housing standards — See Ch. 228.

§ 199-1 Adoption of Fire Prevention Code.

[Amended 7-15-1974 by Ord. No. 451]
There is hereby adopted by the Borough of Girard, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Fire Prevention Code," recommended by the American Insurance Association, being particularly the 1970 Edition thereof, save and except portions as are hereinafter modified or amended, of which code not less than three copies have been and now are on file in the office of the Secretary of the Borough of Girard, and the same are hereby adopted and incorporated as fully as if set forth at length herein, and from the effective date of this chapter, the provisions thereof shall be controlling within the limits of the Borough of Girard.

§ 199-2 Bureau of Fire Prevention.

A. 
The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the Borough of Girard, which is hereby established and which shall be operated under the supervision of the Chief of the Fire Department.
B. 
The Fire Marshal in charge of the Bureau of Fire Prevention shall be appointed by the Council of the Borough of Girard. He shall continue in office for an indefinite term and until his successor is designated by the said Council.
C. 
The Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The member of Council designated by the Council President as Safety Director may recommend to the Council the employment of technical inspectors, who, when authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term.
D. 
A report of the Bureau of Fire Prevention shall be made annually in January and transmitted to the Council through the Safety Director; 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 or the Safety Director shall recommend any amendments to the code which, in his judgment, shall be desirable.

§ 199-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CHIEF OF THE BUREAU OF FIRE PREVENTION
The Fire Marshal.
CORPORATION COUNSEL
The Girard Borough Solicitor.
MUNICIPALITY
The Borough of Girard.
SAFETY DIRECTOR
A member of Council designated by the Council President at any regular or subsequent organization meeting of Council to serve until the next organizational meeting or until his successor is appointed.

§ 199-4 Establishment of limits of districts.

[Amended 7-15-1974 by Ord. No. 451]
The limits of districts referred to in the Fire Prevention Code, Sections 12.5b, 16.22a, 16.61 and 21.6a, shall be established by the Girard Borough Planning Commission, with consideration to Chapter 425, Zoning, of the Code of the Borough of Girard, the principal business district, closely built commercial areas, residential areas, and heavily populated areas.

§ 199-5 Amendments to Fire Prevention Code.

[Amended 7-15-1974 by Ord. No. 451; 10-21-1991 by Ord. No. 596]
The Fire Prevention Code is hereby amended and changed in the following respects:
A. 
Subsection a of Section 1.4 is hereby amended by adding the following proviso at the end thereof: "Provided: nothing herein shall be intended to supersede the procedure for removal of fire hazards set forth in the Act of 1927, P.L. 450, No. 291, Section 3 (35 P.S. § 1183), as amended, where such procedure shall be followed by the Pennsylvania State Police or its assistants."
B. 
Section 1.9 is amended by adding the following paragraph at the end thereof:
f. No permit shall be issued until a fee of $2, which shall be for the use of the Borough, shall have been paid to the Chief of the Bureau of Fire Prevention. Every permit shall be valid for the period of time specified by the Chief of the Bureau of Fire Prevention and indicated upon such permit, but in no instance for longer than one calendar year or the portion thereof remaining after the issuance of such permit.
C. 
Section 1.10 is amended by adding the following sentence at the end thereof: "No permit fee or part thereof shall be refunded upon revocation of the permit."
D. 
Subsection a of Section 12.3 is amended to read as follows:
a. Permits shall be obtained:
(1) To possess or to sell or otherwise dispose of explosives or blasting agents.
(2) To transport explosives or blasting agents.
(3) To use explosives or blasting agents.
(4) To operate a terminal for handling explosives or blasting agents.
(5) To deliver or receive explosives or blasting agents from a carrier at a terminal between sunset and sunrise.
(6) To transport blasting caps or electric blasting caps on the same vehicle with explosives.
Provided: no permit need be obtained from the Bureau of Fire Prevention under this section where a license or permit is required by law or departmental regulation of the Commonwealth of Pennsylvania and where a valid state license or permit is in the possession of the person desiring to have, keep, use or transport explosives or blasting agents.
E. 
Subsection a of Section 12.5 is amended to read as follows:
a. The manufacture of explosives or blasting agents is prohibited within the Borough. This shall not apply to hand-loading of small-arms ammunition for personal use when not for resale.
F. 
Article 13, "Fireworks," is hereby deleted.[1]
[1]:
Editor's Note: Original Section 5(7), as amended 10-18-1999 by Ord. No. 666, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now Ch. 133, Burning, Open.

§ 199-6 Modifications.

The Chief of the Bureau of Fire Prevention shall have 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.

§ 199-7 Appeals.

Whenever the Chief of the Fire Department 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 Chief of the Fire Department to the Borough Council within 30 days from the date of the decision appealed.

§ 199-8 New materials, processes or occupancies.

The Safety Director, 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 list in a conspicuous place in his office and distribute copies thereof to interested persons.

§ 199-9 Violations and penalties.

[Amended 7-15-1974 by Ord. No. 451]
A. 
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal shall have been taken or who shall fail to comply with such an order as affirmed or modified shall, upon summary conviction, be punished by a fine of not more than $300, and costs of prosecution, or, upon failure to pay said fine, by imprisonment for not more than 30 days, provided 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 10 days that prohibited conditions are maintained shall constitute a separate offense.
B. 
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

§ 199-10 Interpretation.

[Added 7-15-1974 by Ord. No. 451]
In interpreting any of the provisions of the code hereby adopted, the following principles shall be governing:
A. 
The said code shall not supersede any provision of any law of the Commonwealth of Pennsylvania, or of any regulation promulgated by any department or agency of the commonwealth by authority of law, where such law or regulation is in conflict with or identical to a provision of the said code or where such law or regulation deals with a subject that local authorities have no authority to regulate; provided, however, that any provision of the said code that is stricter than or in addition to any state law or regulation governing a particular subject or activity shall be in effect and shall be enforced within the Borough of Girard, subject to the penalties herein prescribed for violation of the said code hereby adopted.
B. 
Mention in or regulation by the code hereby adopted of any specific use of property, or of any business or industry, shall not in itself authorize such use of property in the Borough or the establishment or carrying on of such business or industry in the Borough. It is hereby declared the intent of Borough Council that permitted or prohibited uses of property within the Borough shall be as governed by Chapter 425, Zoning, of the Code of the Borough of Girard, as amended and/or supplemented.