[HISTORY: Adopted by the Mayor and Town Council
of the Borough of Chambersburg as indicated in article histories.
Amendments noted where applicable.]
[1]
Editor’s Note: Former Art. I, Pumps and Hose Racks,
adopted 6-9-1922, as amended, was repealed 10-13-2014 by Ord. No.
2014-12.
[Adopted 10-11-1978 by Ord. No. 78-27]
[Added 10-13-2014 by Ord. No. 2014-12[1]; amended 1-22-2018 by Ord. No. 2018-02; 10-8-2018 by Ord. No. 2018-11]
There is hereby adopted as the Fire Prevention Code of the Borough
of Chambersburg the 2015 Edition of the International Fire Code, as
developed and published by International Code Council, Inc., subject
to the following revisions and specifications:
A.
To the extent the Commonwealth of Pennsylvania has adopted regulations
as a part of the implementation of Act 45 of 1999, the Pennsylvania
Uniform Construction Code, which differ from the 2015 Edition of the
International Fire Code, the regulations of the Commonwealth of Pennsylvania,
Pennsylvania Department of Labor and Industry, shall prevail.
B.
The following specific sections from the 2015 Edition of the International
Fire Code are adopted revised as indicated. An asterisk appearing
before a respective code section indicates that the section also has
been incorporated into the Pennsylvania Uniform Construction Code.
[Amended 12-16-2019 by Ord. No. 2019-17]
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Section 101 in its entirety, except section 101.1 shall be revised
to read as follows:
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Section 101.1 These regulations shall be known
as the "Fire Prevention Code of the Borough of Chambersburg," hereinafter
referred to as "the code."
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Section 102 in its entirety.
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Section 103, but revised as follows:
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(1)
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The heading shall be revised to read "Chambersburg Fire Department."
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(2)
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Section 103.1 shall be deleted.
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(3)
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Section 103.2 shall be revised to read as follows:
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Fire Code Official: The Emergency Services Chief of the Borough
of Chambersburg shall be the Fire Code Official responsible for the
administration and enforcement of the Fire Prevention Code.
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(4)
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Section 103.3.
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(5)
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Sections 103.4 and 103.4.1.
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Section 104 revised to read as indicated:
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Section 104.1 General. Subject to the approval
of Borough Council, the Fire Code Official is hereby authorized to
enforce the provisions of this code and shall have the authority to
render interpretations of this code, and to adopt policies, procedures,
rules and regulations in order to clarify the application of its provisions.
Such interpretations, policies, procedures, rules and regulations
shall be in compliance with the intent and purpose of this code and
shall not have the effect of waiving requirements for which provision
is specifically made in this code.
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Section 104.2 Applications and permits. The Borough
Building Code Official is authorized to receive applications, review
construction documents and issue permits for construction regulated
by this code, issue permits for operations regulated by this code,
inspect the premises for which such permits have been issued and enforce
compliance with the provisions of this code. The Fire Code Official
is also authorized to issue operational permits and to inspect premises
for compliance with these code provisions and enforce compliance through
the office of the Borough legal staff.
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Sections 104.3 and 104.3.1.
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Section 104.4.
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Section 104.5.
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Section 104.6 and all subsections thereunder.
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Section 104.7 only, but not subsections thereunder.
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Section 104.8 of the International Fire Code is hereby revised
to read as follows:
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The Borough Building Code Official shall have authority to grant
modifications for individual cases in accordance with the procedures
and guidelines set forth in the Pennsylvania Uniform Construction
Code, Act 45 of 1999.
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Section 104.9 of the International Fire Code is hereby revised
to read as follows:
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The Borough Building Code Official shall have authority to authorize
the use of alternative materials and methods in accordance with the
procedures and guidelines set forth in the Pennsylvania Uniform Construction
Code, Act 45 of 1999.
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Subsections thereunder are not adopted.
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Sections 104.10 and 104.10.1.
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Section 104.11 and all subsections thereunder.
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Section 105.1 revised to read as follows:
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105.1 Permits required. Any property owner or authorized
agent of a property owner who intends to conduct an operation or business
or install or modify systems and equipment which is regulated by the
International Fire Code, or cause any such work to be done, shall
first make application to the Fire Code Official and obtain the required
permit. In the event the proposed activity involves construction of
facilities regulated by the Pennsylvania Uniform Construction Code,
Act 45 of 1999, application for necessary permits shall also be made
to the Building Code Official. In the event of inconsistent language
between the Pennsylvania Uniform Construction Code and the International
Fire Code, the provisions of the Pennsylvania Construction Code shall
apply.
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Sections 105.1.2 through 105.4.6 are not adopted.
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Section 105.5 and subsections thereunder are not adopted.
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* Sections 105.6 and 105.6.1 through 105.6.48.
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Sections 105.7 and 105.7.1 through 105.7.18 are not adopted.
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* Sections 106.1 and all subsections thereunder and 106.2 and
all subsections thereunder.
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Sections 106.3 and 106.4 are not adopted.
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* Section 107 in its entirety.
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Section 108.1, but revised to read as follows:
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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 chapter of the Borough Code, appeals will be to the Construction Code Board of Appeals established pursuant to Chapter 113, § 113-4, of the Code of the Borough of Chambersburg. For purposes of appeals arising under this chapter of the Borough Code, in addition to membership of the Board of Appeals established under § 113-4 of the Code of the Borough, there shall be added to the Construction Code Board of Appeals two additional members to be designated by the Fire Code Official; provided, however, that the two additional members so designated shall be individuals with experience and training in fire prevention methods and shall not be individuals employed by the Borough or under the supervision of the Borough Fire Code Official.
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Section 108.2.
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Section 108.3 is not adopted.
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Sections 109.1, 109.2 and 109.3 and all subsections thereunder.
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* Section 109.4 revised to read as follows:
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109.4 Violation penalties. Persons who shall violate
a provision of this code or shall fail to comply with any of the requirements
hereof or who shall erect, install, alter, repair or do work in violation
of the approved construction documents or directive of the Fire Code
Official, or of a permit or certificate used under the provisions
of this code, shall be guilty of a summary offense, punishable by
a fine of not more than $1,000. Each day that a violation of this
code continues shall be considered a separate violation.
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Section 109.4.1 revised to read as follows:
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109.4.1 Abatement of violation. In addition to
the imposition of the penalties herein described, the Borough Building
Code Official is authorized to institute appropriate action to prevent
unlawful construction or to restrain, correct or abate a violation;
or to prevent illegal occupancy of a structure or premises; or to
stop an illegal act, conduct of business or occupancy of a structure
on or about any premises.
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Section 110.1 revised to read as follows:
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110.1 General. If during the inspection of a premises
a building or structure, or any building system, in whole or in part,
constitutes a clear and inimical threat to human life, safety or health,
the Fire Code Official shall issue such notice or orders to remove,
abate or remedy the conditions as shall be deemed necessary in accordance
with this section and shall refer the building to the Building Department
for any repairs, alterations, remodeling, removing or demolition required.
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Section 110.1.2 revised to read as follows:
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110.1.2 Structural hazards. When an apparent structural
hazard is caused by the faulty installation, operation or malfunction
of any of the items or devices governed by this code, the Fire Code
Official shall immediately notify the Building Code Official.
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Section 110.2 is not adopted.
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Section 110.3 is not adopted.
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Section 110.4 revised to read as follows:
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110.4 Abatement. The owner, operator or occupant
of a building or premises deemed unsafe by the Building Code Official
shall abate or cause to be abated or corrected such unsafe conditions
either by repair, rehabilitation, demolition or other approved corrective
action.
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Section 111 is not adopted.
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Section 112 is not adopted.
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Sections 113.1 and 113.2 revised to read as follows:
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A fee for each permit shall be paid, as required, in accordance
with the Master Fee Schedule established and revised from time to
time by resolution of the Borough Council.
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Sections 113.3 through 113.5 are not adopted.
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* Sections 201 and 202 in their entirety.
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Sections 301, 302, 303, 304, 305 and 306 in their entirety.
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Section 307 shall be revised to read as follows:
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307.1 Open burning. Open burning is prohibited
in the Borough of Chambersburg. The population density in the Borough
is such that there are very few safe places to engage in such activity.
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307.2 Recreational fires. Recreational fires are
prohibited in the Borough of Chambersburg. Again, the population density
makes such activities unsafe. Also, it is impossible for Chambersburg
Fire Department to monitor fires that potentially could exceed three
feet wide by two feet high or the twenty-five-foot from a structure
or combustible material requirement.
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307.3 Portable outdoor fireplaces. Portable outdoor
fireplaces are allowed in the Borough of Chambersburg and safe if
the manufacturer's requirements are met.
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307.3.1 Portable outdoor fireplaces shall be used
in accordance with the manufacturer's instructions and shall not be
operated within 15 feet of a structure or combustible material. Exception:
Portable outdoor fireplaces used at one- and two-family dwellings.
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307.3.2 The use of portable outdoor fireplaces
shall be constantly attended until the fire is extinguished. At least
one portable fire extinguisher with a minimum 4A 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.
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307.4 When open burning creates or adds to a hazardous
situation, manufacturer's instructions are not met, and/or smoke is
offensive to neighbors, the Chambersburg Fire Department is authorized
to extinguish the fire.
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Sections 308, 309, 310, 311, 312, 313, 314, 315, 316, 317 and
318 in their entirety.
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Chapter 4 in its entirety.
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Sections 501, 502 and all subsections thereunder are not adopted.
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Sections 503.1 and 503.2 and subsections thereunder are not
adopted.
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Sections 503.3 and 503.4 revised to read as follows:
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Existing fire apparatus access roads shall not be obstructed
in any manner, including the parking of vehicles. A minimum unobstructed
width of 20 feet and height of 14 feet shall be maintained at all
times.
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Sections 503.5 and 503.6 are not adopted.
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Section 504.1 is revised to read as follows:
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504.1 Exterior doors and openings required by the
Pennsylvania Uniform Construction Code shall be maintained readily
accessible for emergency access by the Fire Department.
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Section 504.2 is revised to read as follows:
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504.2 Maintenance of exterior doors and openings. Exterior doors and their function shall not be eliminated without
prior approval. Exterior doors that have been rendered nonfunctional
and that retain a functional door exterior appearance shall have a
sign affixed to the exterior side of the door with the words THIS
DOOR BLOCKED. The sign shall consist of letters having a principal
stroke of not less than 3/4 inch (19.1 mm) wide and at least six inches
(152 mm) high on a contrasting background.
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Section 504.3 is not adopted.
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Sections 505, 506, and 507 in their entirety.
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Sections 508 and 509 in their entirety.
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Section 510 in its entirety.
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Sections 601.1 through 604 are not adopted.
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Section 605 in its entirety.
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Section 606 is not adopted.
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Section 607 in its entirety.
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Sections 608.1 through 608.9 and all subsections thereunder.
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Sections 609.1 and 609.2.
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Sections 609.3 through 609.3.4 and 609.4.
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Section 610 and 611.
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Chapter 7 in its entirety.
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Sections 801 through 808 in their entirety.
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Sections 901.1 through 901.5.
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* Sections 901.6 through 901.10.
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* Section 902.
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Sections 903 through 903.6.
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* Section 904.
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* Section 905 in its entirety, except provision will be limited
to new buildings and structures.
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* Section 906 in its entirety.
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* Sections 907.1 through 907.2 and all subsections thereof.
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Section 907.3 is revised to read as follows:
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Where an existing building has a system contemplated in this
section, it must be functional. These systems will not be required
in an existing building unless there is alteration or new construction
as regulated by the International Building Code or the International
Existing Building Code.
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Sections 907.4 through 907.9 and all subsections thereunder.
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Sections 908 through 911 and all subsections thereunder.
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* Sections 912.1 through 912.7.
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* Sections 913, 914 and all subsections thereunder.
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Section 915: reference § 221-7 of the Property Maintenance
Code.
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Sections 1001 through 1026.
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Section 1027 is not adopted as to legally occupied structures
and buildings existing prior to the effective date of the Pennsylvania
Uniform Construction Code, but is adopted for all others.
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* Section 1028 in its entirety.
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* Section 1029 in its entirety.
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Section 1030 in its entirety.
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Section 1031 in its entirety.
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Chapter 11 is adopted in its entirety for all structures, except it shall not be applicable to dwellings and townhouses as those items are defined in Section 202.
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Chapter 20 is not adopted.
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* Sections 21 through 22 and all subsections thereunder.
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Chapter 23, except to the extent superseded by Pennsylvania
Combustible and Flammable Liquids Act, Act of February 11, 1998, P.L.
58.[2]
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Chapter 24 in its entirety.
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Chapters 25 and 26 are not adopted.
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Chapter 27 is not adopted.
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Chapter 28 in its entirety.
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Chapter 29 is not adopted.
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Chapter 30 in its entirety.
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Chapter 31 in its entirety.
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* Chapter 32 in its entirety.
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Chapter 33 in its entirety.
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Chapter 34.
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Chapter 35.
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Chapter 36 is not adopted.
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Chapter 37.
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Chapter 50.
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Chapter 51.
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Chapters 53 through 67.
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Chapter 80 in its entirety.
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The following Appendices are hereby adopted with revisions as
indicated:
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Appendix A of the International Fire Code entitled Board of
Appeals is hereby revised to read as follows:
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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 Chapter of the Borough Code, appeals will be to the Construction Code Board of Appeals established pursuant to Chapter 113, § 113-4, of the Code of the Borough of Chambersburg. For purposes of appeals arising under this chapter of the Borough Code, in addition to membership of the Board of Appeals established under § 113-4 of the Code of the Borough, there shall be added to the Construction Code Board of Appeals two additional members to be designated by the Fire Code Official; provided, however, that the two additional members so designated shall be individuals with experience and training in fire prevention methods and shall not be individuals employed by the Borough or under the supervision of the Borough Fire Code Official.
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Appendices B, C and D are not adopted.
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Appendices E, F, G, H, I, J, K, L and M are adopted in their
entirety.
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[2]
Editor's Note: See Editor's Note: See 35 P.S. § 1241
et seq.
C.
Effective date. This section shall become effective December 1, 2014.
[1]
Editor's Note: This ordinance also repealed former §§ 150-5,
Adoption of standards, as amended, and 150-6, Additions, insertions,
and changes, as amended.
[Amended 4-9-1980 by Ord. No. 80-5; 10-28-1987 by Ord. No.
87-8; 1-27-1988 by Ord. No. 88-1; 9-13-1989 by Ord. No. 89-11; 3-10-1993 by Ord. No. 93-6; 4-14-1993 by Ord. No. 93-7]
The following revisions and additions to the
BOCA National Fire Code of 1987 are adopted for application of the
code in the Borough of Chambersburg:
A.
Section F-100.1, Title (page 3, line 2): Insert "Borough
of Chambersburg."
B.
Section F-102.1 (page 4): Delete and substitute in
lieu thereof the following:
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F-102.1 Enforcement officer: It
shall be the duty and responsibility of the Chief of the Fire Department
or such officer as shall be designated by the appointing authority
of the jurisdiction, or the duly authorized representative, to enforce
the provisions of the Fire Prevention Code as herein set forth. The
designated enforcement officer of this code is herein referred to
as the "Fire Code Enforcement Officer."
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C.
Section F-103.1 (page 6): Add the following: “All
permits shall be issued annually. Permits must be renewed upon expiration,
and application for renewal shall be made not more than 50 nor less
than 30 days before the current permit expiration. Permit fees may
be revised from time to time by resolution of the Mayor and Town Council
of the Borough of Chambersburg. Current fee schedules are available
from the office of the Borough Secretary.”
[Amended 6-13-2011 by Ord. No. 2011-05]
D.
Section F-104.2 (page 7, line 1): Change "five members"
to "three members" and delete all after "authority" in line 2.
E.
Section F-104.2.1 (page 7): The following new section
shall be added:
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F-104.2.1: Members of the Board
of Appeals shall be appointed for a term of three years. Vacancies
shall be filled for an unexpired term in the manner in which the original
appointments are required to be made. The continued absence of any
member from regular meetings of the Board shall, at the discretion
of the Mayor and Town Council of the Borough of Chambersburg, render
any such member liable to immediate removal from office. Two members
of the Board shall constitute a quorum. In varying the application
of any provision of the code or modifying any order of the Fire Official,
affirmative votes of two members shall be required. No member of the
Board shall pass upon any question upon which he or any corporation
in which he is a shareholder or an officer is interested.
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F.
Code Section F-105.3.2 (page 10, line 5): Change the
last word of the paragraph from "misdemeanor" to "summary offense."
There shall also be added the following sentence to this section:
"Upon conviction, the permissible sentence shall be a fine of not
less than $25 nor more than $1,000, plus costs of prosecution, and,
in default of payment of such fine or costs, imprisonment for not
more than 30 days."
G.
Section F-301.0: Add as follows:
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F-301.1 General: A person shall
not cause or allow open burning except as provided in Section F-301.2.
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F-301.2 Allowable burning: Open
burning shall be allowed without prior notification to the code official
for: recreational fires, highway safety flares, smudge pots and similar
occupational needs and instruction in methods of fire fighting under
the control of the Chambersburg Fire Department.
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F-301.3 Agricultural and cemetery exceptions: Upon prior notification to the Borough Fire Code Enforcement Officer,
open burning shall be permitted on tracts of land of not less than
10 acres that are in agricultural or cemetery use, provided that the
open burning is at least 200 feet from any adjacent property and the
open burning is for silvicultural or agricultural management purposes.
Such notification for open burning under this section shall be submitted
in writing at least 10 days before the fire is set and shall be in
such form and contain such information as required by the code official.
Such notification shall contain, as a minimum, information regarding:
the purpose of the proposed burning; the nature and quantities of
material to be burned; the date when such burning will take place;
and the location of the burning site.
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H.
Section F-301.10 (page 20): Delete.
I.
Section F-2601.2 (page 134): Add the following: "The
limits in which storage of explosives and blasting agents is prohibited
are hereby established as follows: All that certain part of the Borough
of Chambersburg within and bounded by King Street on the north, the
main line of the Pennsylvania Railroad tracks on the east, Washington
Street on the south and the main line of the Western Maryland Railroad
tracks on the west."
J.
Section F-2803.1 (page 150): Add the following: "Storage
of flammable liquids in outside aboveground tanks is permitted except
in the following areas: All that certain part of the Borough of Chambersburg
within and bounded by King Street on the north, the main line of the
Pennsylvania Railroad tracks on the east, Washington Street on the
south and the main line of the Western Maryland Railroad tracks on
the west."
K.
Section F-3002.3 (page 169): Add the following new
section:
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F-3002.3: The limits in which bulk
storage of liquefied petroleum gas is restricted are hereby established
as follows: At no place within the limits of the Borough of Chambersburg
except:
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1.
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Within that area bounded on the north by Burkhart
Avenue, on the east and south by the Conococheague Creek and Loudon
Street and on the west by South Franklin Street;
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2.
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Within that area bounded on the south by Grant
Street, on the east by Fifth Avenue, on the west by the right-of-way
of Penn Central Railroad Company and on the north by the drainage
ditch crossing under Fifth Avenue;
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3.
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Beginning at a point on the westerly side of
a public street leading from Wayne Avenue (L. R. 588) at corner of
lot of Shell Oil Company, which point is located south 56 degrees
23 minutes 22 seconds west, 185 feet from the center line of Wayne
Avenue; thence by rear of lots of Shell Oil Company and Sun Oil Company
north 33 degrees 36 minutes 38 seconds west, 344.5 feet to a point
in line of American Can Company; thence by the latter south 57 degrees
15 minutes 22 seconds west, 220 feet, more or less, to a point; thence
south 33 degrees 36 minutes 38 seconds east, 344 feet, more or less,
to a point on the westerly side of the first-mentioned street; thence
by the same north 56 degrees 23 minutes 22 seconds east, 220.46 feet
to a point, the place of beginning, containing 1.7 acres, more or
less; and
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4.
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Beginning at a point on the southern side of
Industrial Drive at corner of lands of Frey Motors, Inc., thence from
said point along lands of Frey Motors, Inc., south 16 degrees 29 minutes
59 seconds west a distance of 245.91 feet to a point; thence from
said point along lands of E. D. Plummer Sons, Inc., north 69 degrees
19 minutes 0 degrees west a distance of 167.94 feet to a point; thence
from said point north 20 degrees 41 minutes 0 seconds east a distance
of 245.25 feet to a point on the southern side of Industrial Drive;
thence from said point along the line of Industrial Drive south 69
degrees 19 minutes 0 seconds east to the place of beginning, containing
.8950 acres, more or less;
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provided that in Areas 2 and 3 any such bulk
storage shall be maintained and used only for the purpose of supplying
such gas for use on the premises of the owners of the land upon which
the storage plant is erected and then only at those times when the
public supply of gas to the premises is inadequate or entirely interrupted
and shall be limited to three tanks in Area 2, two tanks with a total
capacity of not more than 36,000 gallons in Area 3 and one tank in
Area 4 having a capacity of not more than 9,200 gallons.
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L.
Appendix B (page 195): Insert the caption "Borough
of Chambersburg"; insert in line 2 of code Section 1 "Borough of Chambersburg";
and insert in line 3 of Section 6 "Pennsylvania."
Nothing in this article or in the code hereby
adopted shall be construed to affect any suit or proceeding pending
in any court or any rights acquired or liability incurred or any cause
or causes of action acquired or existing under any act or ordinance
hereby repealed as cited in Section 2 of this ordinance,[1] nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this article.[2]
[1]
Editor's Note: Section 2 of Ord. No. 78-27
repealed Ord. No. 76-39, as amended, and all other conflicting ordinances
or parts of ordinances.
