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Township of West Goshen, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of West Goshen 5-13-1998 by Ord. No. 7-1998.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alarm devices — See Ch. 25.
Building construction — See Ch. 28.
Existing buildings — See Ch. 29.
Outdoor burning — See Ch. 31.
Uniform construction codes — See Ch. 32.
Energy conservation — See Ch. 38.
Electrical standards — See Ch. 39.
Fireworks — See Ch. 42.
Fuel gas standards — See Ch. 43.
Mechanical standards — See Ch. 49.
Fire prevention in mobile home parks — See Ch. 51.
Numbering of buildings — See Ch. 54.
Plumbing — See Ch. 62.
Property maintenance — See Ch. 63.
[1]
Editor’s Note: This ordinance also superseded former Ch. 41, adopted 10-14-1975 by Ord. No. 5-1975.
[Amended 5-26-2004 by Ord. No. 15-2004]
There is hereby adopted by the Board of Supervisors of West Goshen Township the International Fire Code, 2003 Edition, as now and as hereafter supplemented, reissued, amended and revised as published by the International Code Council, Inc. 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 West Goshen Township, and the same is hereby adopted and incorporated as fully as if set out at length herein.
[1]
Editor's Note: Former § 41-2, Administration and enforcement, was repealed 5-26-2004 by Ord. No. 15-2004.
[Amended 5-26-2004 by Ord. No. 15-2004]
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 "West Goshen Township."
B. 
Section 103 shall be deleted in its entirety and replaced with the following:
SECTION 103
FIRE MARSHAL
103.1 The Fire Marshal and assistants. The Fire Marshal of West Goshen Township, hereinafter called the "Fire Marshal," shall be appointed by the Board of Supervisors and shall serve for such period and upon such terms and conditions as the Board shall direct. The Board may from time to time appoint an assistant or assistants to the Fire Marshal, and said assistants shall serve at the pleasure of the Board. The Fire Marshal and his assistants shall receive such compensation as the Board may from time to time direct.
103.2 Duties of the Fire Marshal. The Fire Marshal shall be the chief enforcement officer of the Township Fire Code and shall have the power and responsibility of enforcing the Fire Code with respect to:
(1) 
The prevention of fires.
(2) 
The storage and use of explosives and flammables.
(3) 
The installation of automatic and other fire alarm systems and fire-extinguishing equipment.
(4) 
The regulation of fire escapes, the means and adequacy of exits in case of fire from factories, schools, apartments, hotels, lodging houses, mental and other hospitals, churches, halls, theaters and other places in which persons work, live or congregate from time to time for any purpose.
103.3 Monthly report. The Fire Marshal shall prepare and submit written periodic reports to the Board at least monthly and to such other agencies and at such times as may by law be required.
C. 
Section 108, Board of Appeals, shall be deleted and replaced with the following:
[Amended 7-2-2012 by Ord. No. 05-2012; 8-12-2015 by Ord. No. 5-2015; 12-9-2015 by Ord. No. 8-2015]
SECTION 108
BOARD OF APPEALS
108.1 General. The West Chester Area Council of Governments (WCACOG) has formed a Board of Appeals, which shall hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Code. The Board of Appeals shall be appointed by the WCACOG and shall be governed by the rules and regulations adopted by the WCACOG. The Board of Appeals shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official.
D. 
Section 109.1 shall be amended by adding the following sentences at the end of the existing sentence: "It shall also be unlawful for any person to willfully permit water from a fire hydrant to be wasted or to damage or break a fire hydrant or to hinder or obstruct any fireman or any vehicle of the Fire Department from passing along the streets to and from a fire or from conducting fire-fighting operations at a fire. It shall also be unlawful to draw water from a fire hydrant for any purpose other than to extinguish a fire or to cope with an emergency posing an immediate danger to life and property.
E. 
Section 109.3 shall be amended to state as follows:
109.3 Violations and 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 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.
F. 
Section 111.4 shall be amended to read as follows:
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.
G. 
Section 202 shall be amended by adding the following definitions:
APPROVED RATING BUREAU. An insurance inspection bureau, department or organization, including the American Insurance Association, Factory Insurance Association, Associated Factory Mutual Fire Insurance Companies and any other such organization hereafter duly approved by resolution of the Board of Supervisors.
FIRE-RESISTIVE BUILDING. A building in which the walls are of approved masonry or reinforced concrete and the structural members of which have fire-resistance ratings sufficient to withstand the hazard involved in the occupancy, but not less than a four-hour rating for bearing walls, fire walls, party walls, isolated piers, columns and wall-supporting girders; a three-hour rating for walls and girders other than above specified and for beams, floors and roofs; and two-hour rating for fire partitions; and in which all floor openings are protected by effective fire-resistant enclosures.
HIGH-HAZARD OCCUPANCY BUILDING. A building or structure used for the storage, manufacture or processing of highly combustible or explosive products or materials which are likely to burn with extreme rapidity or which may produce poisonous fumes or explosions; storage or manufacture involving highly corrosive, toxic or noxious alkalines, acids or other liquids or chemicals involving flame, fume or explosive, poisonous, irritant or corrosive gases; and the storage or processing of any materials involving explosive mixtures of dust or which result in the division of matter into fine particles subject to spontaneous ignition.
MAJOR KITCHEN. A kitchen with an area of 500 square feet or more in any building except a single-family or a two-family dwelling.
SUBSTANTIALLY ALTERED. Any substantial structural alteration in or addition to the supporting or structural members of a building, such as bearing girders, provided that a substantial alteration shall not include, inter alia, repairs to roof, walls or interior; exterior or interior painting or redecoration; elimination, moving or construction of new partitions within an existing building; air-conditioning repairs or replacement of heating systems; modernization of kitchens or bathrooms, including moving or replacement of utility lines, gas, water, sewer and electricity; and installation or replacement of kitchen or bathroom equipment. A structural alteration not increasing the square footage of a building more than 20% shall not be considered a substantial alteration.
H. 
Section 3204.3.1 .1 shall be amended by adding the following sentence: "Except where prohibited by the Zoning Ordinance, there are no geographic limits in the Township where the storage of flammable cryogenic fluids in stationary containers is prohibited."
I. 
Section 3404.2.9.5.1 shall be amended by adding the following sentence: "Except where prohibited by the Zoning Ordinance, there are no geographic limits in the Township where the storage of Class I and Class II liquids in above-ground tanks outside of buildings is prohibited."
J. 
Section 3406.2.4.4 shall be amended by adding the following sentence: "Except where prohibited by the Zoning Ordinance, there are no geographic limits in the Township where the storage of Class I and Class II liquids in above-ground tanks is prohibited."
K. 
Section 3804.2 shall be amended by adding the following sentence: "Except where prohibited by the Zoning Ordinance, there are no geographic limits in the Township where the storage of liquified petroleum gas is restricted for the protection of heavily populated or congested areas."
[1]
Editor's Note: Former § 41-4, Deletions, was repealed 5-26-2004 by Ord. No. 15-2004.
Whenever the Fire Marshal, in conjunction with the Chief of Police, shall determine that the parking of motor vehicles upon any public or private street, lane, alley or shopping center is liable to interfere with the operation of the Fire Department or seriously hamper egress of occupants from buildings in case of fire, he shall designate the areas to be established as fire lanes. Fire lanes shall be of sufficient width to permit the ingress, egress and mobility of emergency fire equipment. In the case of shopping centers, within 10 days from the notice of such designation of fire lane or fire lanes to the shopping center owner or the owner of any buildings located within the shopping center, the owner shall post the areas so designated with signs identifying the areas as fire lanes and specifically prohibiting all parking within these fire lanes. The parking of any vehicle within the emergency fire lanes established herein shall be and is hereby expressly prohibited. No person shall park, allow to be parked or leave standing any vehicle within any fire lane established and created pursuant to the provisions of this chapter. Any vehicle parked within such emergency fire lane at any time shall be subject to a parking ticket and may be removed by towing at the order and under the direction of the Chief of Police or any uniformed police officer. The Fire Marshal shall also have the power to issue parking tickets for violations of this chapter.
[1]
Editor's Note: For additional vehicles and traffic regulations, see Ch. 78, Vehicles and Traffic.
[Amended 5-26-2004 by Ord. No. 15-2-004]
A. 
Appeals. Appeals from the decisions, actions, orders or other requirements of the Fire Marshal shall be taken to the WCACOG Board of Appeals established under the West Goshen Township Building Code.[1]
[1]
Editor's Note: See also § 41-3C.
B. 
Abatement. Any building or structure erected, altered or converted contrary to the provisions of this Fire Prevention Code or this chapter is hereby declared to be a common or public nuisance and shall be abatable as such.
C. 
Violation and enforcement provision.
(1) 
Any person who violates or permits the violation of any provision of this chapter or the International Fire Code or who fails to comply with any of the requirements thereof or who fails to comply with any lawful directive of the Building Official or Fire Marshal shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each section or provision of this chapter violated shall constitute a separate offense, and each day or portion thereof in which a violation of this chapter is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.
(2) 
Any person who violates or permits the violation of any of the provisions of § 41-5 of this chapter as it pertains to parking violations in designated fire lanes shall be issued a notice of violation and be ordered to pay a fine of $35, payable to West Goshen Township within seven days of the issuance of such notice, provided that, if the fine is paid within 72 hours of the date and time appearing on the face of the notice, the fine shall be $15. Said fine and payment instruction shall be included on the parking ticket or notice of violation served on such person by attachment to the vehicle or by mail or other legal method of service. Such person shall be liable for the payment of all costs of towing and storage of any vehicle removed as a result of a violation of § 41-5 of this chapter. Any person failing to timely respond to the notice of violation by payment of the fine shall be issued a citation as authorized by the Pennsylvania Rules of Criminal Procedure and the Pennsylvania Motor Vehicle Code. In any prosecution thereunder, such person shall be liable to a fine of $35 and all costs of prosecution. In the alternative, any person who violates or permits the violation of any of any of the provisions of § 41-5 of this chapter as it pertains to parking violations in designated fire lanes or who fails to comply with any of the requirements thereof or who fails to comply with any lawful directive of a police officer, the Building Official or Fire Marshal shall, upon conviction thereof in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be subject to the payment of a fine of not less than $100 and not more than $1,000, plus the costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. Each violation of this section shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by the District Justice of not less than $100 and not more than $1,000, plus the costs of prosecution, or upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a term of not more than 30 days. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.
Issuance of a permit does not excuse the permit holder from responsibility for actions by the holder taken pursuant to the permit or for fires caused thereby.
Wherever the word "shall" is used in this chapter, its use shall be deemed to be taken in the mandatory sense.
[Amended 5-26-2004 by Ord. No. 15-2004]
In interpreting any of the provisions of this chapter or the International Fire Code hereby adopted, the following principles shall apply:
A. 
This chapter and the International Fire Code shall not supersede any provisions of any law of the Commonwealth of Pennsylvania or of any regulation promulgated by any department or agency of the commonwealth by authority of law, where such law or regulation is in conflict with or identical to this chapter and the code herewith adopted; provided, however, that any provision of the code herewith adopted that is stricter than or in addition to any state law or regulation governing a particular subject or activity shall be in effect and shall be enforced within the Township of West Goshen, subject to the penalties herein prescribed for violation of the code hereby adopted.
B. 
Mention in or regulation by this chapter or the code hereby adopted of any specific use or property or of any business or industry shall not in itself authorize such use of the property or the establishment or carrying on of any such business or industry in the Township of West Goshen. It is hereby declared the intent of the Board that permitted or prohibited uses of property shall be as governed by Chapter 84, Zoning, of the Code of the Township of West Goshen, as amended or supplemented.