[HISTORY: Adopted by the Borough Council
of the Borough of Sayre as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-8-1978 by Ord. No. 537]
There is hereby adopted by the Borough of Sayre
the fire control measures and regulations as herein set forth for
the purposes of controlling conditions which could impede or interfere
with fire suppression forces. This article shall be known and may
be cited as the "Fire Control Ordinance."
The Fire Official, or his duly authorized representatives
as may be in charge at the scene of a fire or other emergency involving
the protection of life and/or property, is empowered to direct such
operations as may be necessary to extinguish or control any suspected
or reported fires, gas leaks or other hazardous conditions or situations
or of taking any other action necessary in the reasonable performance
of his duty. The Fire Official may prohibit any person, vehicle or
object from approaching the scene and may remove or cause to be removed
from the scene any person, vehicle or object which may impede or interfere
with the operations of the Fire Department. The Fire Official may
remove or cause to be removed any person, vehicle or object from hazardous
areas. All persons ordered to leave a hazardous area shall do so immediately
and shall not reenter the area until authorized to do so by the Fire
Official.
It shall be unlawful to interfere with, attempt
or conspire to interfere with, obstruct or restrict the mobility of
or block the path of travel of any Fire Department emergency vehicle
in any way or to interfere with, attempt or conspire to interfere
with, obstruct or hamper any Fire Department operation.
A person shall not willfully fail or refuse
to comply with any lawful order or direction of the Fire Official
or interfere with the compliance attempts of another individual.
A vehicle shall not be driven or propelled over
any unprotected fire hose of the Fire Department when laid down on
any street, alleyway, private drive or any other vehicular roadway
without the consent of the Fire Official in command of said operation.
As used in this article, the following terms
shall have the meanings indicated:
Restricted to those which are defined and authorized under
the laws of the Commonwealth of Pennsylvania.
Upon the approach of any authorized emergency
vehicle giving audible and visual signal, the operator of every other
vehicle shall immediately drive the same to a position as near as
possible and parallel to the right-hand edge or curb of the street
or roadway, clear of any intersection, and shall stop and remain in
such position until the authorized emergency vehicle or vehicles shall
have passed, unless otherwise directed by the Fire Official or a police
officer.
[Amended 1-15-1990 by Ord. No. 664]
It shall be unlawful for the operator of any
vehicle, other than one on official business, to follow closer than
500 feet to any fire apparatus traveling in response to a fire alarm
or to drive any vehicle within the block or immediate area where fire
apparatus has stopped in answer to a fire alarm.
A person shall not, without proper authorization
from the Fire Official in charge of said Fire Department emergency
equipment, cling to, attach himself to, climb upon or into, board
or swing upon any Fire Department emergency vehicle, whether the same
is in motion or at rest, or sound the siren, horn, bell or other sound-producing
device thereon or manipulate or tamper with or attempt to manipulate
or tamper with any levers, valves, switches, starting devices, brakes,
pumps or any equipment or protective clothing on or a part of any
Fire Department emergency vehicle.
It shall be unlawful for any person to damage
or deface or attempt or conspire to damage or deface any Fire Department
emergency vehicle at any time or to injure or attempt to injure or
conspire to injure Fire Department personnel while performing departmental
duties.
The driver of any emergency vehicle, as defined in § 85-6 of this article, shall comply with all laws of the Pennsylvania Motor Vehicle Code[1] pertaining to the operation of such vehicle.
[1]
Editor's Note: See Title 75 of the Pennsylvania
Consolidated Statutes.
A.
It shall be unlawful to obscure from view, damage,
deface, obstruct or restrict the access to any fire hydrant or any
Fire Department connection for the pressurization of fire suppression
systems, including fire hydrants and Fire Department connections that
are located on public or private streets and access lanes or on private
property.
B.
If, upon the expiration of the time mentioned in a
notice of violation, obstructions or encroachments are not removed,
the Fire Official shall proceed to remove the same. Cost incurred
in the performance of necessary work shall be paid from the municipal
treasury on certificate of the Fire Official and with the approval
of the chief administrative official. The legal authority of the municipality
shall institute appropriate action for the recovery of such costs.
A person shall not use or operate any fire hydrant
intended for the use of the Fire Department for fire suppression purposes,
unless such person first secures a permit for such use from the Fire
Official and the water company having jurisdiction. This section shall
not apply to the use of such hydrants by a person employed by and
authorized to make such use by the water company having jurisdiction.
The Fire Official shall recommend to the chief
administrative official of the municipality the location or relocation
of new or existing fire hydrants and the placement or replacement
of inadequate water mains located upon public property and deemed
necessary to provide an adequate fire flow and distribution pattern.
A fire hydrant shall not be placed into or removed from service until
approved by the Fire Official.
All new and existing shipyards, oil-storage
plants, lumberyards, amusement or exhibition parks and educational
or institutional complexes and similar occupancies and uses involving
high fire or life hazards and which are located more than 150 feet
from a public street or which require quantities of water beyond the
capabilities of the public water distribution system shall be provided
with properly placed fire hydrants. Such fire hydrants shall be capable
of supplying fire flows as required by the Fire Official and shall
be connected to a water system in accordance with accepted engineering
practices. The Fire Official shall designate and approve the number
and location of fire hydrants. The Fire Official may require the installation
of sufficient fire hose and equipment housed in accordance with the
approved rules and may require the establishment of a trained fire
brigade when the hazard involved requires such measures. Private hydrants
shall not be placed into or removed from service until approved by
the Fire Official.
A person shall not obstruct, remove, tamper
with or otherwise disturb any fire hydrant or fire appliance required
to be installed or maintained under the provisions of the Fire Prevention
Code,[1] except for the purpose of extinguishing a fire, training
or testing purposes, recharging or making necessary repairs or when
permitted by the Fire Official. Whenever a fire appliance is removed
as herein permitted, it shall be replaced or reinstalled as soon as
the purpose for which it was removed has been accomplished. Defective
and nonapproved fire appliances or equipment shall be replaced or
repaired as directed by the Fire Official.
A person shall not sell, trade, loan or give
away any form, type or kind of fire extinguisher which is not approved
by the Fire Official or which is not in proper working order or the
contents of which do not meet the requirements of the Fire Official.
The requirements of this section shall not apply to the sale, trade
or exchange of obsolete or damaged equipment for junk when said units
are permanently disfigured or marked with permanent signs identifying
the units as junk.
A person or persons shall not erect, construct,
place or maintain any bumps, fences, gates, chains, bars, pipes, wood
or metal horses or any other type of obstruction in or on any street
within the boundaries of the municipality. The word "street," as used
in this article, shall mean any roadway accessible to the public for
vehicular traffic, including but not limited to private streets or
access lanes, as well as all public streets and highways within the
boundaries of the municipality.
[Amended 10-21-1991 by Ord. No. 686]
Unless provided otherwise by statute, any person,
firm or corporation who shall violate any provision of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000 plus costs of prosecution and, in default of payment
thereof, to undergo imprisonment for a term not exceeding 30 days.
[Adopted 8-21-2000 by Ord. No. 782]
A certain document, three copies of which are
on file in the office of the Borough Secretary of the Borough of Sayre,
being marked and designated as the "International Fire Code," including
Appendix Chapters A, B, C, D, E, F, G (See International Fire Code
Section 101.2.1, 2000 Edition), as published by the International
Code Council, be and is hereby adopted as the code of the Borough
of Sayre for 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 in the Borough of Sayre and providing for the
issuance of permits for hazardous uses or operations; and each and
all of the regulations, provisions, conditions and terms of such International
Fire Code, 2000 Edition, published by the International Code Council,
on file in the office of the Borough Secretary are hereby referred
to, adopted and made a part hereof as if fully set out in this article.
The following sections are hereby revised:
A.
In Section 101.1 insert: "Sayre."
B.
In Section 109.3. insert: "Violation of Ordinance";
"$1,000"; "30 days ."
C.
In Section 111.4. insert: "$500"; "$1,000."
D.
108.1. Board of Appeals established. The review board shall be the
Sayre Code Review Board appointed by the Sayre Borough Council which
will hear all appeals of the Code Enforcement Officer’s decision
to enforce the ordinance. All appeals shall be filed within 30 days
of notice of the violation. Said Appeals Board shall consist of three
members appointed by Council for initial terms of one year, two years,
and three years. Thereafter each Board member shall, upon the approval
by Council, serve a term of five years. The qualifications for the
Board will be determined based on the recommendation by the Borough
Council who are qualified by experience and training to pass on matters
pertaining to the ordinance. The Code Review Board fee shall be $750
plus costs and may be amended from time to time by the municipality
for the administration and appeals undertaken pursuant to this chapter
and the Code shall be established by the governing body by resolution.
[Added 12-21-2016 by Ord.
No. 935; amended 12-18-2019 by Ord. No. 962]
The limits referred to in certain sections of
the 2000 International Fire Code are hereby established as follows:
A.
Section 3204.3.1.1 (limits in which the storage of
flammable cryogenic fluids in stationary containers is prohibited).
B.
Section 3404.2.9.5.2 (limits in which the storage
of Class I and Class II liquids in above-ground tanks outside of buildings
is prohibited).
C.
Section 3406.2.4.4 (limits in which the storage of
Class I and Class II liquids in above-ground tanks is prohibited).
D.
Section 3804.2 (limits in which the storage of liquified
petroleum gas is restricted for the protection of heavily populated
or congested areas):
Ordinance No. 709 of the Borough of Sayre, entitled
"Fire Prevention - BOCA National Fire Prevention Code, 1993" and all
other ordinances or parts of ordinances in conflict herewith are hereby
repealed.
The Borough Secretary is hereby ordered and
directed to cause this article to be published.
