[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.]
[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.
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.
As used in this chapter, the following terms shall have the
meanings indicated:
The Fire Marshal.
The Girard Borough Solicitor.
The Borough of Girard.
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.
[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.
[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:
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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.
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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:
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a.
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Permits shall be obtained:
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(1)
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To possess or to sell or otherwise dispose of explosives or
blasting agents.
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(2)
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To transport explosives or blasting agents.
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(3)
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To use explosives or blasting agents.
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(4)
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To operate a terminal for handling explosives or blasting agents.
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(5)
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To deliver or receive explosives or blasting agents from a carrier
at a terminal between sunset and sunrise.
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(6)
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To transport blasting caps or electric blasting caps on the
same vehicle with explosives.
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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.
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E.
Subsection a of Section 12.5 is amended to read as follows:
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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.
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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.
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.
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.
[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.
[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.
