The following insertions and changes are hereby made to the BOCA National
Fire Prevention Code/1996:
A.
Wherever the words "municipality" or "jurisdiction" are
used in this code, said words shall be held to mean Montgomery Township.
B.
Wherever the term "Corporation Counsel" is used in this
code, the words shall be held to mean the Solicitor for Montgomery Township.
C.
Whenever the words "Fire Official" are used in this code,
the words shall be held to mean the Fire Marshal, Code Enforcement Official
or Deputy Fire Marshal, unless the plain meaning of the sentence, phrase,
clause or paragraph in which it appears is to the contrary.
D.
The storage of Class I, IA, IB and IC liquids, as such
liquids are defined in Article 28 of this code, in outside aboveground storage
tanks is prohibited in all areas of Montgomery Township except those areas
presently zoned LI, Limited Industrial.
E.
The storage of liquified petroleum gases is prohibited
in all areas of Montgomery Township except those areas in Montgomery Township
zoned LI, Limited Industrial.
F.
Article 31, § F-3103.4, of this code is hereby
deleted and the following is substituted in its place:
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F-3103.4 Insurance: The permittee shall furnish to Montgomery
Township a liability policy of insurance issued by a liability insurance company
authorized to do business in Pennsylvania and acceptable to Montgomery Township.
Said policy of insurance shall name the permittee and Montgomery Township
as insured under said policy. Said policy of insurance shall be in an amount
not less than $5,000,000 for personal injury liability (including death) of
any one or more persons and property damage liability of not less than $5,000,000
for property damage to any one or more persons arising out of an accident
or occurrence and caused by reason of the permittee's display or use of fireworks
or firework apparatus or arising from any acts with regards to the use or
display of fireworks by the permittee, Montgomery Township or its officers,
agents, servants, workmen, employees or any subcontractor of the permittee
or of Montgomery Township.
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The following provisions are hereby added to this code:
A.
This code shall be enforced by the CEO and/or Fire Marshal
for the Township of Montgomery with the final authority vested in the CEO.
B.
This code and the provisions set forth under Article V of this chapter shall collectively be known as the "Fire Prevention Code of Montgomery Township."
C.
Wherever violations of the Fire Code of Montgomery Township
are discovered by a Fire Marshal, the Fire Marshal shall report such findings
to the CEO for review. A record and form system shall be devised and implemented
by the CEO so that uniform procedures and forms are used by all personnel
in fire prevention, including all Deputy Fire Marshals.
D.
The Office of Code Enforcement shall, monthly, compile
a written report to the Township Manager. Such a report shall contain a list
of all prosecutions instituted under the Fire Prevention Code and shall contain
such statistics as are necessary. The Fire Marshal shall also recommend at
the time of his/her monthly report, or sooner, if necessary, any amendments
to the Fire Prevention Code which, in the judgment of the Fire Marshal, shall
be desirable or necessary.
E.
The Fire Marshal and/or CEO are hereby authorized to
institute prosecutions against any and all persons for any violation of the
Fire Prevention Code.
F.
The Fire Marshal and/or CEO shall enforce all ordinances
relating to the following subjects:
G.
By way of implementing the requirement for numbering
buildings under Chapter 22 of the Code of Montgomery Township, the owner of
every building in Montgomery Township shall cause the street number of such
building to be posted conspicuously on the street side of the building at
a point no less than five feet from the ground level and no higher than eight
feet from the ground level immediately below the numbers posted. The numbers
posted shall be posted in such a manner that they will be readily visible
and legible from the adjacent street, road or highway. Such numbers shall
be at least four inches in height. In lieu of posting such numbers on the
street side of the building, the owner of the building may post the numbers
on a gate post or a post to the right of the driveway as the driveway is viewed
from the adjacent street, road or highway. The numbers so posted shall be
no less than three feet nor more than five feet from the ground immediately
underneath the place where the numbers are posted. All apartment buildings
and multiple dwelling buildings shall be uniformly marked, numbered or lettered
or otherwise identified so that such markings, number or letters or identification
are readily visible to the operators of fire equipment from the roads, streets
and highways immediately adjacent to the apartment building or multiple-dwelling
building.
H.
Fire lanes are hereby established around the entire perimeter
of all buildings having a business occupancy, mercantile occupancy, industrial
occupancy or storage occupancy. Said fire lanes shall be a width of 20 feet
measuring from the outside walls of such building, and, in a case of buildings
that have curbs which separate the outside walls of such buildings from the
driveways or parking areas, the twenty-foot width of such fire lanes, on the
lots on which such buildings are located, shall be measured from the outer
edge of curbs. Parking of motor vehicles, as parking is defined in the Pennsylvania
Motor Vehicle Code, shall be absolutely prohibited at all times in such fire
lanes. If the building is fully sprinklered, then the fire lanes can be removed.
I.
All permits required to be issued under the Fire Prevention
Code will be issued by the Office of Code Enforcement and will be issued within
90 days after application has been made for such permit and the fees for such
permit have been paid to Montgomery Township.
J.
Appeals; additional materials for permits.
(1)
Whenever the Fire Marshal/CEO shall approve or disapprove
an application or shall grant or refuse to issue an order to eliminate a dangerous
or hazardous condition under § F-105.1 of this code or when it is
claimed that the provisions of this code do not apply or that the true intent
and meaning of this code have been misconstrued or wrongly interpreted by
the Fire Marshal and/or CEO, the applicant or person against whom such order
has been issued or to whom such application has been disapproved or whose
permit has been refused or the person who shall request the issuance of an
order to eliminate a dangerous or hazardous condition may appeal such action
or inaction to the Board of Supervisors of Montgomery Township. All appeals
to the Board shall be filed, in writing, with the Township Manager within
10 days from the date of the decision or action complained of and, in the
case of permits, within 10 days from the date of the decision or action complained
of and, in the case of permits, within 10 days from the date of issuance of
a permit or within 10 days from the date when a permit should have been issued.
(2)
The Board of Supervisors of Montgomery Township and the
CEO shall act as a committee to determine or 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 the Fire
Prevention Code. The CEO shall post such a list in a conspicuous place in
his office and distribute copies to interested parties.
K.
The maintenance of any condition or building or structure
or lot or piece of ground in violation of any of the provisions of the Fire
Prevention Code is hereby declared to be a public nuisance and is abatable
as such pursuant to the Second Class Township Code.
L.
The following provisions shall supplement Article 31
of this code:
(1)
At least 15 days in advance of the date of the display
or discharge of fireworks, the permittee shall notify, in writing, the organized
volunteer fire company in Montgomery Township nearest to the proposed display
and/or discharge site of the fireworks and shall arrange with said fire company
for emergency fire protection and apparatus to be at the site of said display
or discharge during all times of said display or discharge of fireworks.
(2)
The permittee shall have available and in good operating
order at the site of the display and/or discharge of the fireworks such portable
fire-extinguishing equipment of the type, size and capacity as required by
the Office of Code Enforcement.
(3)
Before commencing any display or discharge of fireworks,
the permittee shall wet down and keep wet all dry grass, weeds and vegetation
in the display and discharge site as well as at the fireworks impact site.
(4)
No permit shall be issued for the display or discharge
of fireworks where the density of buildings or the conditions of vegetation
at the display, discharge or impact site would present an unreasonable risk
of fire.
M.
The following provisions supplement Article 20 of this
code:
(1)
Carnivals, circuses, traveling shows, exhibitions, fiestas
and festivals are defined as any temporary or traveling show or exhibit held
in any building, tent enclosure or on any lot where the following forms of
amusement or entertainment are or may be conducted: riding devices such as
Ferris wheels, merry-go-carousels, whips, roller coasters or similar devices,
illusions shows, animal acts, trapeze acts, feats of daring, clowns, mechanical
shows, freak shows, sideshows, funhouses or active games of skill such as
ball-throwing pitch-till-you-win games, swinging ball games, hoop-throwing
games or games of like character.
(2)
No person shall hold or conduct a carnival, circus, traveling
show, exhibition, fiesta or festival in Montgomery Township unless such person
shall first obtain a permit from Montgomery Township.
(3)
No such permit shall be issued by Montgomery Township
unless the applicant first shall:
(a)
Furnish Montgomery Township with information, in writing,
as to the proposed date and place of the event; the organization, society
or club, if any, for whose benefit the event is to be held; the nature of
the structures and the devices to be used; the nature of entertainment to
be given or permitted; and the location, by Tax Map parcel number, of the
place where the event is to be held.
(4)
Conditions.
(a)
Any person permitted to conduct such an event in Montgomery
Township shall, as a condition to retention of his/her permit:
[1]
Close the event not later than 12:00 midnight.
[2]
Comply with all the requirements of all Montgomery Township
codes and ordinances and the Statutes of the Commonwealth of Pennsylvania.
[3]
Take all necessary action which is required to prevent
the use of loud or noisy devices or activities or the occurrence of any disorderly
conduct by patrons or employees of the permittee.
(b)
Failure of the permittee to comply with these conditions
shall result in immediate revocation of the permit previously issued.
(5)
Each permittee, as a condition for the issuance of any
permit, shall first supply Montgomery Township with a valid, prepaid policy
of liability insurance, insuring the permittee and Montgomery Township against
bodily injury liability, including death, in an aggregate amount of $1,000,000
and property damage liability in an aggregate amount of $1,000,000.
N.
The following provisions further supplement Article 20
of this code as follows:
(1)
Flammable and combustible liquids and gases: For motor
vehicles, marine vessels, farm equipment and all mechanical devices on display
and which are located in any tent or air-supported structure or enclosure
which contains fuel tanks for flammable and/or combustible liquid or gas fuel,
the fuel tanks thereof shall be maintained between 1/3 and 1/2 full
of fuel. All caps on the filler pipe on every such fuel tank or the aperture
through which fuel is introduced into any such fuel tank shall contain caps
or other devices of a locking type, which devices shall require a key for
locking and a key for the unlocking thereof, and said caps on filler pipes
or on the apertures through which fuel is introduced into the fuel tank shall
be kept locked at all times while the fuel tank is located within any tent
or air-supported structure or enclosure. Liquid petroleum, gas, propane gas
and all cylinders which contain flammable gas shall not be located at any
time within any tent or air-supported structure. No open flame, the fuel for
which is supplied by any gaseous or liquid substance, shall be permitted at
any time within any tent or air-supported structure or enclosure.
(2)
Electrical safety: The electrical systems of all motor
vehicles, marine vessels, farm equipment and all mechanical equipment, when
on display, whether within or without any tent or air-supported structure
or enclosure, shall be de-energized. The de-energization shall be accomplished
by removing the battery or batteries of the motor vehicle, marine vessel,
farm equipment or mechanical equipment or removing the battery cables of the
motor vehicle, marine vessel, farm equipment or mechanical equipment. All
electrical equipment used or exhibited within Montgomery Township in any tent
or air-supported structure or enclosure must be approved and bear the Underwriter's
Laboratory seal and be installed and maintained at all times in accordance
with the Electric Code of Montgomery Township.
(3)
Each tent or air-supported structure or enclosure and
all decorative material contained in any of such and all materials used for
table coverings in any such tent or air-supported structure or enclosure shall
be made of fire-retardant material having a fire rating of two hours. Each
tent or air-supported structure or enclosure shall contain fire extinguishers,
and the fire extinguishers shall be so located that there is no more than
75 feet travel distance to a fire extinguisher from any point within the tent
or air-supported structure or enclosure. Portable fire extinguishers shall
be rated at the minimum 2A-type extinguisher. Where a tent or air-supported
structure or enclosure is over 3,500 square feet in area, fire hose lines
of at least one-inch diameter and of sufficient length to reach any point
in the tent or air-supported structure or enclosure shall be provided at a
point outside of the tent or air-supported structure or enclosure but within
10 feet of the outside edge of the tent or air-supported structure or enclosure.
Such hose lines shall be equipped with a nozzle and shall be attached to an
adequate supply of water with adequate water pressure for a one-inch hose.
Generators and transformer wagons shall be provided with extinguishers of
an at least 10BC minimum rating. Conspicuous no-smoking signs shall be posted
at the main entrance of tents or air-supported structures or enclosures and
within the same. The owners and operators of tents or air-supported structures
shall enforce the prohibition against smoking within any tent or air-supported
structure or enclosure.
(4)
Lighting: Emergency lighting systems are required and
shall be provided by the owner or operator of all tents or air-supported structures
or enclosures which have a seating capacity in excess of 500 or more persons,
and all tents or air-supported structures or enclosures which contain more
than 15,000 square feet of fabric or plastic material, regardless of the seating
capacity thereof, shall contain emergency lighting systems.
(5)
Parking: No motor vehicle, marine vessel, farm equipment
or any other type of equipment which contains any liquid fuel tank or gas
fuel tank or gas cylinder shall be parked within 100 feet of any tent, stake
lines or within 100 feet of any air-supported structure or enclosure, except
that electrical generators shall not be subject to this prohibition.
O.
The following provisions supplement Article 3 of this
code:
(1)
Portable heaters and portable cooking appliances: Portable
heaters and portable cooking appliances are prohibited. All portable heaters
and cooking appliances shall have a seal of approval from a recognized testing
agency such as Underwriter's Laboratories, Inc. Use of open flame, or non-explosion-proof
electrical portable heaters and cooking appliances shall be prohibited in
certain occupancies defined as:
(a)
Theaters, nightclub, exhibition halls, churches, schools
and like occupancies when open to the public.
(b)
Those areas of commercial and industrial occupancies
where flammable and/or combustible vapors dusts and/or liquids are used or
introduced.
(c)
Storage areas of commercial and industrial occupancies
where combustible materials such as paper, cardboard and fabrics are warehoused.
(d)
Occupancies where the manufacture of paint, varnish,
ammunition, celluloid, matches and like products are performed or introduced.
(e)
Individual rooms for let in hotels, motels and dormitories,
except for office and other nonpublic areas.
