[Ord. 7-2010, 11 § 1, passed 4-26-2010]
A certain document, three copies of which are on file in the office of the City Clerk of the City of Lebanon, being marked and designated as the International Fire Code, 2009 edition, including Appendix Chapters B, C, D, F, G, H and I as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Lebanon in the Commonwealth of Pennsylvania regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the Office of the City Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any prescribed in section 1501.02 of this article.
[Ord. 7-2010, 11 § 2, passed 4-26-2010; amended by Ord. 29-2010, 11 § 1, passed 12-19-2011; Ord. 6-2020, 21, passed 2-22-2021; Ord. 7-2020, 21, passed 6-28-2021]
The following sections of the International Fire Code, 2009 edition, as adopted are hereby deleted, altered or amended as follows:
IFC 101.1 Title.
These regulations shall be known as the Fire Code of the City of Lebanon, hereinafter referred to as "this code."
IFC 104.6.3 Fire Records.
The Fire Commissioner or his designee shall keep a record of all fires and all facts concerning the same, including investigation findings and statistics and information as to the cause, origin and the extent of such fires and the damage caused thereby.
IFC 104.10 Fire Investigations.
The Fire Commissioner or his designee shall have the authority to investigate the cause, origin and circumstances of any fire, explosion or other hazardous condition. The Fire Commissioner or his designee shall request the assistance of the State Police Fire Marshall when a fire may be determined to be of a suspicious nature or when there has been a loss of life due to fire or explosion.
IFC 108.1 Board of Appeals Established.
In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application and interpretation of this code, there shall be and it is hereby created a Board of Appeals. The Board shall consist of the Director of Public Safety, as Chairman, the City Engineer, the Fire Chief and one member from the general public who is qualified by experience or training to rule on matters pertaining to building construction and fire prevention. The Board shall adopt reasonable rules and regulations for conducting its hearings. All Board hearings shall be open to the public. All resolutions or findings shall be in writing and made available for public viewing. An application for appeal must be submitted to the Board of Appeals within 10 days of the date of notice or order of the Fire Code Official. The applicant shall submit a fee of $600 for the filing of an appeal.
IFC 109.3 Violation penalties.
Any person who fails to correct a violation or institute a remedial action as ordered by the enforcing official or who violates a provision or fails to comply with any requirements of this article or code or any of the other applicable codes or ordinances shall be guilty of a summary offense, for each violation, punishable by a fine of not less than $50 or more than $1,000 plus costs of prosecution and/or be imprisoned not more than 90 days. Each day that a violation continues shall be deemed a separate offense.
IFC 111.4 Failure to comply.
Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than $50 or more than $1,000.
IFC 113.2 Schedule of permit fees.
A fee for each permit shall be paid as required, in accordance with the following schedule:.
Required Operational Permits
Description
Permit Fee
Aerosol products
$45 per year
Amusement buildings
$45 per year
Carnivals and fairs
$30 per event
Combustible dust-producing operations
$45 per year
Covered mall buildings
$45 per year
Crop ripening or coloring processes
$45 per year
Dry cleaning plants
$45 per year
Exhibits and trade shows
$30 per event
Flammable finishes
$45 per year
Fumigation and thermal insecticidal fogging
$20 per job
High-piled storage
$45 per year
Hot work operations
$30 per event
Industrial ovens
$45 per year
Lumber yards and woodworking plants
$45 per year
Magnesium
$45 per year
Miscellaneous combustible storage
$45 per year
Organic coating
$45 per year
Places of assembly and education:
Class A 1,000 and over
$90 per year
Class B 300 to 999
$60 per year
Class C 50-299
$30 per year
Pyrotechnic special effects material
$30 per event
Service stations and garages
$60 per year
Spraying or dipping
$45 per year
Storage of scrap tires and tire by-products
$45 per year
Tents, air-supported and other temporary structures
$25 per event
Tire rebuilding plants
$45 per year
Vehicle wrecking yards, junkyards and waste material handling plants
$60 per year
Cutting and welding
$40 per event
Combustible fibers
$45 per year
Compressed gases
$45 per year
Cryogenic liquids
$45 per year
Explosives, ammunition and blasting agents
$30 per day
Flammable and combustible liquids
$45 per year
Hazardous materials and chemicals
$45 per year
Liquefied petroleum gases
$45 per year
Fire alarm fees
1.
Residential:
a.
Single-family dwelling
$20
b.
Multi-family with 15 or less units
$40
c.
Multi-family with 16 to 30 units
$60
d.
Multi-family with 31 or more units
$80
2.
Non-Residential/Commercial/Manufacturing
a.
3,000 square feet or less
$25
b.
3,001 square feet to 9,999 square feet
$50
c.
10,000 square feet to 99,999 square feet
$75
d.
100,000 square feet or more
$100
Required construction permits.
Description
Automatic fire-extinguishing systems
$180 per job
Battery systems
$45 per job
Compressed gases
$45 per job
Fire alarm and detection systems
$120 per installation
Fire pumps and related equipment
$150 per installation
Flammable and combustible liquids
$45 per job
Hazardous materials and chemicals
$45 per job
Industrial ovens
$45 per job
Liquefied petroleum gases
$25 per installation
Private fire hydrants
$50 per hydrant
Spraying or dipping
$45 per installation
Standpipe system
$100 per installation
Tents, air-supported and other temporary structures
$25 per job
Heating appliances (including baseboard radiation warm air furnaces and ductwork, wood burning stoves, fireplaces, unit heaters, gas and oil fired burners and conversion burners, propane heaters and solar energized systems)
Up to 30,000 BTUs
$25 per installation
30,000 to 80,000 BTUs
$50 per installation
80,000 to 120,000 BTUs
$75 per installation
120,000 to 300,000 BTUs
$100 per installation
300,001 to 500,000 BTUs
$150 per installation
500,001 to 750,000 BTUs
$200 per installation
Above 750,000 BTUs
$250 plus $10 for each 100,000 BTUs thereafter
The permit shall be posted in a conspicuous place on the premises. The Bureau of Fire shall establish, by written regulation, periods of validity for all permits based upon a classification of hazards associated with the use or occupancy of all establishments. Such periods shall be not less than one year or more than three years; periods of validity shall be of all establishments to be made in accordance with the established classification.
Fire inspection fees
Use Groups B, F, H, I, M, R-1, R-2, S and U
1-3,000 square feet
$30 per year (in addition to applicable operations, processes or activities listed in this fee schedule)
3,001-5,000 square feet
$50 per year (in addition to applicable operations, processes or activities listed in this fee schedule)
5,001-9,999 square feet
$75 per year (in addition to applicable operations, processes or activities listed in this fee schedule)
10,000 square feet
$125 per year (in addition to applicable operations, processes or activities listed in this fee schedule)
Service fees
Lockouts
$50 per job
Plumbing calls: broken pipes/sewage
$50 per job
Basement pumping
$150 per job
State-mandated fire drills at personal care homes, day cares, etc., and required letters
$100 per drill
False Alarm Fee.
No alarm user shall fail to pay when due the false alarm fee for each occurrence of a false alarm in a given year. A false alarm year shall be 12 months from the date of the first false alarm. The following rates shall apply:
(a)
No cost for the first alarm; a warning shall be issued.
(b)
Seventy-five dollars for the second false alarm.
(c)
One hundred fifty dollars for the third through sixth alarm.
(d)
Two hundred fifty dollars for the seventh and all subsequent false alarms.
Tenant or resident false alarms and improper smoke detector/alarm system maintenance fees are as follows:
(a)
No cost for the first alarm; a warning shall be issued for improper maintenance, failure to maintain battery in smoke detector, or failure to keep smoke detector connected to an electrical source.
(b)
Twenty-five dollars for the second offense.
(c)
Forty-five dollars for the third through sixth offense.
(d)
Seventy-five dollars for the seventh and all subsequent offenses.
IFC 302.1 Definitions.
BURN CONTAINER. Any noncombustible container or enclosure used to dispose of materials through burning which does not contain holes greater than one inch and which is covered by a wire mesh or other noncombustible cover to prevent fly ash from escaping into the atmosphere.
IFC 307.1 General.
A person shall not kindle or maintain or authorize to be kindled or maintained any open burning.
IFC 307.1.1 Prohibited Open Burning.
The burning of garbage, rubbish, rags, bones, leaves, paper and other trash in cans, barrels, outdoor fireplaces, drums or metal containers, incinerators or in the open or where burning of any item is offensive or objectionable because of smoke emissions or when atmospheric conditions or local circumstances make any fires hazardous are prohibited and such acts pertaining thereto are declared nuisances. Further all open burning of any product within the City is prohibited.
Exception: Approved bonfire for school activity.
IFC 307.2.1 Authorization. Delete in entirety
IFC 307.2.2 Public Demonstrations.
A.
Any person desiring to conduct a public demonstration involving the burning of flags or other items in the City of Lebanon shall make application to the City Clerk for a permit therefor on a form made available by the City for such purpose. No fee shall be charged to make such application.
B.
The City shall decide any application for issuance of a permit for any demonstration involving the burning of a flag or other item for the proposed date if application is made therefor at least two business days immediately preceding the date of the proposed demonstration.
C.
Any permit as issued shall be subject to the following terms:
1.
The permittee must ensure that an operable fire extinguisher will be present at the proposed demonstration at all times.
2.
No permittee shall burn a flag or other item exceeding four feet by six feet in area.
3.
No permittee shall burn any item except directly in a burn container.
4.
The metal or other fire-resistant container and any remnants of the burn must be immediately removed by the applicant after the demonstration is over.
5.
If there is damage to property caused by the burn, the applicant is responsible for the damage.
6.
The container must be 15 feet from any building or combustible material.
7.
No permittee shall leave the scene of a demonstration without ensuring that any fire started as part of the demonstration has been fully extinguished.
D.
Penalties. Any person who violates any provision of this subsection shall be sentenced:
1.
Upon the conviction of a first violation, to pay a fine of not less than $100 nor more than $500 and costs of prosecution, and in($ default of payment of such fines and costs, to imprisonment for not more than 30 days.
2.
Upon conviction for second or subsequent violation, to pay a fine of not less than $500 nor more than $1,000 and costs of prosecution, and in default of payment of such fines and costs, to imprisonment for not more than 90 days.
3.
Each day that a violation continues after notice of the violation has been served shall be deemed to be a separate offense.
E.
Enforcement. The provisions of this subsection shall be enforced by the Fire Commissioner or by civil action, or both, as the City may elect.
IFC 307.4 Location. Delete in entirety
IFC 307.4.3 Portable outdoor fireplaces.
Portable outdoor fireplaces shall be used in accordance with the manufacturer's instructions and shall not be operated within 15 feet (3,048 mm) of a structure or combustible material.
Exception: Portable outdoor fireplaces used at one-and two family dwellings shall not be operated within 36 inches of combustibles and if used on a combustible surface must use a heat and spark resistant mat.
IFC 307.5 Attendance.
Bonfires, recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with section 906 with a minimum 4-A rating or other approved on site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose or water truck, shall be available for immediate utilization.
IFC 506.1.2 Key Box.
It is mandatory for the owner or person in control of the following types of buildings to install and maintain a key box as approved by the Fire Commissioner:
(a)
Any apartment building or other rental building containing five or more residential units which has an automatic fire alarm or in which access to the building or to common areas or mechanical or electrical rooms within the building is denied through locked doors.
(b)
Any non-residential building where a fire detection or suppression system is monitored by an alarm company or has an external audible alarm.
(c)
Any building or facility containing a quantity of hazardous materials which would require compliance with Title III of SARA (Superfund Amendment Reauthorization Act).
IFC 603.8.1 Residential Incinerators. Delete in entirety
IFC 907.2, 907.3 and 4603.6 Installation of Equipment Required.
It shall be mandatory for the builders, owner or owners of hospitals, hotels, motels, schools, convalescent homes, group and personal care homes of five or more residents, rooming and boarding homes of five or more residents, and any apartment building containing five or more apartment units, situated in the City limits to install a supervised automatic fire alarm system which shall be monitored 24 hours by an authorized monitoring company.
No person, company, business or organization shall use a supervised automatic alarm system without having applied for and been issued a current and valid alarm user permit. An annual permit fee shall be due and payable by June 1 of each year. There shall be no prorating of the initial fee though the permit has been applied for after June 1. Under no circumstances will fees be refunded. An alarm user permit shall be kept on the premises where the alarm system is located and shall be produced and displayed to any Bureau of Fire officer.
IFC 907.2.11.4 and 4603.7.3 Power Source.
In new, renovated or existing multi-family residential occupancy of three or four units, smoke detectors shall be wired directly (hard wired) to the building's power, with a battery backup. In renovated or existing multi-family residential occupancy of five or more units, smoke detectors shall either be wired directly (hard wired) to the building's power supply or have wireless transmitting smoke detectors, with battery backup. In single or two-family residential occupancies, single station battery-operated detectors may be installed in lieu of hard-wired detectors.
In new construction, required smoke alarms shall receive their primary power from the building wiring where such wiring is served from a commercial source and shall be equipped with battery backup. Wiring shall be permanent and without a disconnecting switch other than as required for over current protection. Smoke alarms shall emit a signal when the batteries are low.
It shall be the responsibility of the tenants or residents to maintain the smoke detectors, to include keeping the units connected to the electrical source or replacement of batteries. The removal or destruction of any smoke detector by any person except the owner for the purposes of immediate replacement is strictly prohibited.
IFC 3301.1.3. Fireworks.
The possession, manufacture, storage, sale, handling and use of fireworks are prohibited.
Exceptions:
(1)
Storage and handling of fireworks as permitted in section 3304.
(2)
Manufacture, assembly and testing of fireworks as permitted in section 3305.
(3)
The use of fireworks for display as permitted in section 3308.
(4)
The possession, storage, sale, handling and use of specific types of Division 1.4G fireworks where allowed by applicable local or state laws, ordinances and regulations provided such fireworks comply with CPSC 16 CFR, Parts 1500 and 1507, and DOTn 49 CFR, Parts 100-178, for consumer fireworks.
However, with the special consent of the Mayor, evidenced by written approval, fireworks displays may be conducted at such times and places within the City as the Mayor may designate.
IFC 3301.2.2.1 Sales and Storage.
Sales and storage associated with sales shall conform to this section.
Exceptions:
(1)
Where approved by the Fire Commissioner.
(2)
Less than 25 pounds total weight of small novelties and caps, such as party poppers, paper caps for cap guns, bangsite cannon chemical, and similar low hazard products.
IFC 3301.2.2.2 Tent, Canopy and Outside Sales.
(a)
Legal fireworks may be displayed and sold in tents, canopies, or other temporary structures that are erected in compliance with the City Fire and Building Code. All fireworks must comply with APA Standard 87-1 for "toy caps," "novelties," or "ground and hand-held sparkling devices."
(b)
The distance from the edge of the tent or canopy to any building shall be a minimum of 50 feet.
(c)
The distance from the edge of any tent to a public way, lot line or other hazard shall be a minimum of 20 feet.
(d)
Fireworks must be monitored at all times during sale hours.
(e)
Fireworks must be safely secured at all other times.
(f)
No sales are permitted to persons under the age of 18 unless accompanied by an adult.
IFC 3301.2.2.3 All Stores (not to include tents and canopies)
(a)
All displays, stock and storage must be kept inaccessible to the public.
(b)
No storage permitted in a basement.
(c)
All fireworks must comply with APA Standard 87-1 for "toy caps," novelties," or "ground and hand-held sparkling devices."
(d)
Fireworks shall not be located in any manner that is a fire hazard or restrict egress from the occupancy.
(e)
No sales are permitted to persons under the age of 18 unless accompanied by an adult.
IFC 3301.2.2.4 Stores Larger than 5,000 Square feet.
Sales and storage is restricted to 500 pounds of total package and product weight unless controlled areas are constructed in compliance with the International Building Code. This amount may be doubled if the building is equipped with an approved fire sprinkler system meeting Ordinary Hazard Group 2 density.
IFC 3301.2.2.5 Stores Smaller than 5,000 Square Feet.
Sales and storage is restricted to 100 pounds of total package and product weight of 50 cubic feet.
IFC 3308.1.1 Displays.
All private displays of consumer-type fireworks, devices known as "ground and handheld sparkling devices" or "novelties," shall comply with this section.
Exceptions:
(1)
Where approved by the Fire Commissioner.
(2)
Small novelties and caps that are by nature of minimal consequence such as party poppers, cap guns and similar products.
(a)
No pyrotechnic device shall be ignited or used on any public street, thoroughfare, alley, parking lot, public sidewalk or walkway, city parks, public way or similar area.
(b)
No pyrotechnic device shall be ignited or used on private property without the owner's permission.
(c)
No pyrotechnic device shall be ignited or used beneath overhead objects, structures, or combustible materials.
(d)
No pyrotechnic device shall be ignited or used within 15 feet of any structure or vehicle.
(e)
No pyrotechnic device shall be ignited or used in areas deemed a fire hazard such as dry grasses, fields, storage areas, and similar hazard sites.
(f)
No pyrotechnic device shall be ignited or used in a manner in which the sparks or discharge are a hazard to any combustible material.
(g)
No pyrotechnic device shall be used inside an enclosed area including, but not limited to, structures, buildings, porches and vehicles.
(h)
All pyrotechnic devices must be used in accordance with the directions on the device.
IFC 3404.3.4.2(7) Occupancy quantity limits.
Quantities in Group R occupancies shall not exceed that necessary for maintenance purposes and operation of equipment, and shall not exceed quantities as set forth in Table 2703.1.1(1) and below.
(1)
One gallon in any single family residential building.
(2)
Five gallons in any accessory structure on a residential premises. For the purpose of this section flammable liquids shall be stored in approved type containers.
IFC 4603.6.6 Group R-2.
A fire alarm system shall be installed in existing Group R-2 occupancies more than three stories in height or with more than five dwelling units or sleeping units.
Exceptions:
(1)
Where each living unit is separated from other contiguous living units by fire barriers having a fire-resistance rate of not less than 0.75 hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade.
(1)
A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants.
(1)
A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with section 903.3.1.1. or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with section 1022.6, Exception 4.
Appendix A - Board of Appeals. Delete in its entirety
[Ord. 7-2010, 11 § 3, passed 4-26-2010]
IFC 3404.2.9.6.1 Locations of tanks where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except for ML-Manufacturing Light and MH-Manufacturing Heavy.
IFC 3406.2.4.4. The storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except for ML-Manufacturing Light and MH-Manufacturing Heavy.
IFC 3506.2 Limitations. Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in all zoning districts except of MH-Manufacturing Heavy.
IFC 3804.2 Maximum capacity within established limits. Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570L) in all zoning districts except ML-manufacturing light and MH-manufacturing heavy.
[Ord. 7-2010, 11 § 7, passed 4-26-2010]
This article and the rules, regulations, provision, requirements, orders and matters established and adopted hereby shall take effect upon final adoption by Lebanon City Council.