[HISTORY: Adopted by the Board of Commissioners of the Township of Marple as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-14-1986 by Ord. No. 86-17 (Ch. 44 of the 1971 Code)]
[Amended 6-12-2000 by Ord. No. 2000-10]
There is hereby adopted by the Township of Marple for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code known as the "BOCA National Fire Prevention Code," being particularly the 1999 edition, recommended by the Building Officials and Code Administrators International, Inc., and the Life Safety Code (NFPA 101, 1985) recommended by the National Fire Protection Association, both of which are hereinafter collectively referred to as the "Fire Prevention Code of the Township of Marple." No fewer than three copies of each of the two above-mentioned codes which are part of the Fire Prevention Code of the Township of Marple have been and now are filed in the office of the Township Secretary, and the same are hereby adopted and incorporated as fully as if set out at length herein. From the date on which this section shall take effect, the provisions of the Fire Prevention Code shall be controlling within the limits of the Township of Marple.
The Bureau of Fire Prevention of the Township of Marple, cooperating under the supervision of the Board of Commissioners, is hereby established. The members of the Bureau shall be composed of a Fire Marshal of the Township of Marple, who shall be appointed by the Board of Commissioners, and such other Assistant Fire Marshals or Inspectors as the Board shall from time to time appoint. The Fire Marshal and such other Assistant Fire Marshals or Inspectors shall serve at the pleasure of the Board of Commissioners and shall be appointed annually by the Board of Commissioners. The Fire Department of the Township of Marple shall recommend in December of each year to the Board of Commissioners candidates for the office of Fire Marshal and Assistant Fire Marshals or Inspectors. The annual compensation for the Fire Marshal shall be $3,000 and the Assistant Fire Marshal(s) shall be $1,200 to be paid on a quarterly basis.
[Amended 6-12-2000 by Ord. No. 2000-10; 6-11-2001 by Ord. No. 2001-10]
The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention of the Township of Marple and shall be operated under the supervision of the Fire Marshal.
The Chief in charge of the Bureau of Fire Prevention shall be the Fire Marshal.
The Fire Marshal shall recommend to the Board of Commissioners for appointment such members of the Fire Department as inspectors as shall from time to time be necessary.
A report of the Chief of the Bureau of Fire Prevention shall be made monthly and transmitted to the President of the Board of Commissioners of the Township of Marple; 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 shall also recommend any amendments to the code which in his judgment shall be desirable.
As used in the Fire Prevention Code, the following terms shall have the meanings indicated:
- CHIEF OF THE BUREAU OF THE FIRE PREVENTION
- The Fire Marshal.
- CORPORATION COUNSEL
- The Solicitors of the Township of Marple.
- The Township of Marple.
The storage of flammable liquids in outside aboveground tanks shall be as follows:
The limits referred to in Section F-2803.0 of the Fire Prevention Code, in which storage of flammable liquids in outside aboveground tanks is prohibited.
The limits referred to in Section F-2803.0 of the Fire Prevention Code, in which new bulk plants for flammable liquids are prohibited.
Bulk storage of liquefied petroleum gases shall be as follows: The limits referred to in Section F-3002.0 of the Fire Prevention Code, in which bulk storage of liquefied petroleum gas is restricted.
Section F-3000.2, Permit required, shall be as follows:
The storage of explosives and blasting agents shall be as follows: The limits referred to Section F-2602.1 of the Fire Prevention Code.
Article 3, Section F-308.0, shall be amended to add Section F-308.4, Use of kerosene heaters, as follows:
Section F-404.0, Fire Protection Systems, shall be amended as follows:
Section F-503.0, Periodic Inspections and Tests, shall be amended to add the following:
Section F-404.0, Fire Protection Systems, shall be amended to add the following:
Section F-3002.0, Container Storage, shall be amended to delete Section F-3002.2, Multiple containers, in its entirety and add a new Section F-3002.2, Bulk storage, as follows:
[Added 4-9-2001 by Ord. No. 2001-9] Section F-518.0, fire Department Connections, of the 1999 National Fire Prevention Code is amended as follows:
The Chief of the Bureau of Fire Prevention shall have the 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 Bureau of Fire Prevention 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 Bureau of Fire Prevention to the Board of Commissioners of the Township of Marple within 30 days from the date of the decision of the Bureau of Fire Prevention.
The Police Commissioner, 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 lists in a conspicuous place in his office and distribute copies thereof to interested persons.
[Amended 6-12-2000 by Ord. No. 2000-10]
Any person who shall violate any of the provisions of this article or of the code hereby adopted or fail to comply therewith or thereunder or who shall build in violation of any detailed statement or specifications, plans submitted or issued thereunder or any certificate or permit issued thereunder from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the Board of Commissioners or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance, respectively, upon conviction thereof, be punishable by a fine of not more than $1,000, plus costs of prosecution, and in default of payment of such fine and costs by imprisonment for not more than 30 days. 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 day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
[Adopted 1-8-2007 by Ord. No. 2007-5]
No insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim to a named insured for fire damage to a structure located within the Township of Marple where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500 unless the insurance company, association or exchange is furnished with a certificate pursuant to 40 P.S. § 638(b), as from time to time amended, and unless there is compliance with 40 P.S. § 638(c) and (d), as from time to time amended, and the provisions of this ordinance.
The Township of Marple hereby authorizes and adopts the procedures described in 40 P.S. § 638(c) and (d), as from time to time amended.
Nothing in this ordinance shall be construed to limit the ability of the Township of Marple to recover any deficiency. Furthermore, nothing in this ordinance shall be construed to prohibit the Township of Marple and the named insured from entering into an agreement and permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
The Board of Commissioners of Marple Township may, by resolution, adopt procedures and regulations to implement the provisions of 40 P.S. § 638 et seq. and this ordinance and may, by resolution, fix reasonable fees to be charged for Township activities or services provided pursuant to 40 P.S. § 638 et seq. and this ordinance, including but not limited to the issuance of certificates and bills, the performance of inspections and opening require separate fund accounts.
Any owner of property, any named insured or any insuring agent who violates this ordinance shall be subject to the penalty set forth in § 136-11.
The provisions of this ordinance shall be severable, and if any of the provisions hereof shall be invalid or unenforceable, the remaining provisions of this ordinance shall remain in effect.
All ordinances or parts of ordinances conflicting with any of the provisions of this ordinance are hereby repealed insofar as the same affects this ordinance.
This ordinance shall become effective immediately upon passage.