[HISTORY: Adopted by the Board of Supervisors
of the Township of East Whiteland 11-21-2000 by Ord. No. 132-2000; amended in its entirety 5-12-2004 by Ord. No. 155-2004. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 65.
Electrical standards — See Ch. 83.
Energy conservation — See Ch. 84.
Existing building regulations — See Ch. 85.
Fuel gas standards — See Ch. 96.
Mechanical standards — See Ch. 116.
One- and two-family dwelling standards — See Ch. 123.
Plumbing — See Ch. 139.
Property maintenance — See Ch. 141.
Subdivision and land development — See Ch. 175.
Urban wildland interface standards — See Ch. 183.
Zoning — See Ch. 200.
[Amended 10-13-2010 by Ord. No. 224-2010]
There is hereby adopted by the Board of Supervisors
of East Whiteland Township the International Fire Code, 2009 Edition,
as now and as hereafter supplemented, reissued, amended and revised
as published by the International Code Council, Inc., along with Appendices
B, C, D, E, F and G. Not fewer than three copies of the International
Fire Code, 2003 Edition, have been and now are filed in the office
of the Secretary of East Whiteland Township, and the same is hereby
adopted and incorporated as fully as if set out at length herein.
The East Whiteland Township Fire Code which
was adopted as part of Ordinance No. 132-2000, by adopting the NFPA
1 Fire Prevention Code, is hereby repealed and replaced with the code
adopted herein.
The following amendments, additions, deletions,
and changes are hereby made to the International Fire Code, 2003 Edition:
A.
Section 101.1 shall be amended by the deletion of
the words "[NAME OF JURISDICTION]" and the replacement thereof with
"East Whiteland Township."
B.
Section 103 shall be deleted in its entirety and replaced
with the following:
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SECTION 103
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FIRE MARSHAL
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103.1 Fire Marshal and assistants. The Fire Marshal of East Whiteland Township, hereinafter called
"Fire Marshal," shall be appointed by the Township Manager and shall
serve for such period and upon such terms and conditions as the Manager
shall direct. The Fire Marshal shall be responsible for the direct
administration and enforcement of this code.
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C.
Section 103.2 shall be deleted.
D.
Section 103.3 shall be amended by adding the following
sentences at the end of the existing section:
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The Fire Marshal may, from time to time, employ
such technical experts as he shall deem necessary to properly carry
out his duties and enforcement of this code. When employed for that
purpose, such experts shall be designated as deputy inspectors hereunder
and shall have the power and authority of the Fire Marshal or his
deputy when acting in the performance of their duties.
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E.
Section 105.6.32 shall be amended to read as follows:
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105.6.32 Radioactive material. An
operational permit shall be required for the storage, use and handling
of any amount of radioactive materials.
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F.
Section 108, Board of Appeals, shall be deleted and
replaced with the following:
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SECTION 108
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BOARD OF APPEALS
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108.1 General. The Township, along
with Easttown Township, Willistown Township and Malvern Borough (the
"participating municipalities") intends to form an intergovernmental
Board of Appeals, which Board shall hear and decide appeals of orders,
decisions or determinations made by the respective municipalities'
building official relative to the application and interpretation of
the municipalities' building code. The members of the intergovernmental
Board of Appeals shall be appointed by the participating municipalities
and shall be governed by rules and regulations adopted by the participating
municipalities. The intergovernmental Board of Appeals shall adopt
rules of procedure for conducting its business.
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G.
Section 109.3 shall be amended to state as follows:
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109.3 Violation penalties. Any
person who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof, or who shall violate
an approved plan or directive of the Fire Marshal, shall be guilty
of a summary offense, punishable by a fine of not less than $100 and
not more than $1,000 per day, plus costs and attorney's fees, and,
upon default of the payment of the fine and costs, imprisonment not
to exceed 30 days. Each day that a violation continues shall be deemed
a separate offense.
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H.
Section 111.4 shall be amended to read as follows:
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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 subject to the penalty provisions
of Section 109.3.
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K.
A new Section 2703.1.5 shall be added which shall
state as follows:
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2703.1.5 Radioactive material. Unless
preempted by requirements of any federal or state agency, the requirements
of NFPA 801 and this chapter shall apply to the storage of any radioactive
material.
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[Added 10-13-2010 by Ord. No. 225-2010]
A.
Purpose. It is the purpose of this section to regulate the types
of outdoor and open burning within the Township and to promote the
public health, safety and general welfare of the citizens of the Township.
B.
BONFIRE
CAMPFIRE
CLEAN WOOD
CONSTRUCTION AND DEMOLITION WASTE
FUEL AREA
NATURAL MATERIALS
OPEN BURNING
OUTDOOR BURNING
OUTDOOR WOOD-FIRED BOILER
PATIO WOOD-BURNING UNIT
REFUSE
SMUDGE POT
STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An outdoor fire used for ceremonial purposes that has a total
fuel area of five feet or less in diameter and three feet or less
in height.
A small outdoor fire that has a total fuel area of three
feet or less in diameter and two feet or less in height, intended
for recreation or cooking but not intended for disposal of waste wood
or refuse.
Natural wood which has not been painted, varnished or coated
with a similar material; has not been pressure treated with preservatives;
and does not contain resins or glues as in plywood or other composite
wood products.
Building waste materials, including but not limited to waste
shingles, insulation, lumber, treated wood, painted wood, wiring,
plastics, packaging and rubble from construction, remodeling, repair
and demolition operations on a house, commercial or industrial building,
or other structure.
The space where materials are being burned.
Trees, logs, brush, stumps, leaves and grass clippings.
The burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack
or chimney from an enclosed chamber. Open burning does not include
smudge pots, road flares and similar devices associated with safety
or occupational uses typically considered open flames or use of patio
wood-burning units.
Burning in an outdoor wood-fired boiler or patio wood-burning
unit.
A wood-fired boiler, stove or furnace that is not located
within a building intended for habitation by humans or domestic animals.
A chimenea or other similar screened, stacked, enclosed portable
wood-burning device with a spark- or ember-arresting device used for
outdoor recreation and/or heating.
Any waste material except trees, logs, brush, stumps, leaves
and grass clippings.
A receptacle in which oil or another smoky fuel is burned
to protect an orchard from insects or frost.
A dwelling unit or garage.
C.
Applicability. This section applies to all outdoor burning and open
burning within the Township with the following exceptions:
(1)
This section does not apply to grilling or cooking food using charcoal,
wood, propane or natural gas in cooking or grilling appliances.
(2)
This section does not apply to burning for the purpose of generating
heat in a stove, furnace, fireplace or other heating device within
a building used for human or animal habitation.
(3)
This section does not apply to the use of propane, acetylene, natural
gas, gasoline or kerosene in a device intended for heating, construction
or maintenance activities.
(4)
This section does not apply to field fires to clear land when approved
by the Fire Marshal. An operational permit shall be obtained from
the Fire Marshal in accordance with the International Fire Code.
(5)
This section does not apply to demolition of the residue of a structure
partially destroyed by accidental fire when approved by the Fire Marshal.
An operational permit shall be obtained from the Fire Marshal in accordance
with the International Fire Code.
(6)
This section does not apply to fires for training purposes for the
demolition of a fire hazard under the supervision of the Fire Marshal.
An operational permit shall be obtained from the Fire Marshal in accordance
with the International Fire Code.
D.
General prohibition on outdoor burning and open burning. Open burning
and outdoor burning are prohibited in the Township except to the extent
specifically permitted by this section.
E.
Burning of refuse, recyclable material, construction and demolition
waste. The open burning of refuse, recyclable matter, construction,
and demolition waste is prohibited.
[Amended 8-12-2015 by Ord. No. 271-2015]
F.
Burning of natural materials. The open burning of natural materials
is prohibited.
G.
Patio wood-burning units. Patio wood-burning units may be installed
and used in all districts subject to the following restrictions:
(1)
Patio wood-burning units shall not be used to burn refuse.
(2)
Patio wood-burning units shall burn only clean wood.
(3)
Patio wood-burning units shall be located at least 25 feet from the
nearest structure which is not on the same property as the patio wood-burning
unit and at least 25 feet from any property line.
J.
Attendance. Campfires, bonfires and the use of patio wood-burning
units shall be constantly attended by a responsible adult until the
fire is extinguished. A minimum of one portable fire extinguisher
complying with Section 906 of the International Fire Code 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.
K.
Penalties and enforcement.
(1)
The Township Fire Marshal or his designee shall be charged with enforcement
of this section and shall have the power to order the extinguishment
of any fire found to be in violation of this section.
(2)
Within any thirty-day period, if the Township Fire Marshal is called
to the same location for a violation relating to outdoor burning and/or
open burning, the Township Fire Marshal shall issue a written warning
for the first offense, a fine of $25 for the second offense, a fine
of $75 for the third offense, and a fine of $100 for the fourth and
each subsequent offense. Failure to pay any of the above referenced
fines shall result in the issuance of a non-traffic citation.
