[Adopted 9-5-1989 as Part 10, Ch.
1, Art. A, of the 1989 Code]
[Amended 9-7-2022 by Ord. No. 751]
For the purpose of establishing minimum regulations
governing the safeguarding of life and property from the hazards of
fire and explosion arising from the storage, handling and use of hazardous
substances, materials and devices; and from conditions hazardous to
life or property in the use or occupancy of buildings or premises,
the Township of Rostraver adopts as its Fire Prevention Code the Uniform
Construction Code (Code). In this article, the Uniform Construction
Code (Code) may be referred to as "the code" or "this code."
The Fire Prevention Code adopted in § 93-1 is amended and changed in the following respects:
A.
Whenever the words "name of jurisdiction" appear in
brackets in the code, the words "Township of Rostraver" shall be inserted
in place of those bracketed words. Likewise, the words "Township of
Rostraver" shall be substituted for the word "jurisdiction" where
that word appears singly without being preceded by the words "under
the."
B.
The words "Board of Township Commissioners" shall
be substituted for the term "chief appointing officer" or "appointing
authority of the jurisdiction," wherever either of the latter terms
appears in the code.
C.
The term "Township Solicitor" shall be substituted
for the term "legal counsel of the jurisdiction," wherever the latter
term appears in the code.
D.
Wherever the term "Chief of the Bureau of Fire Prevention,"
"fire official" or "code official" is used in the code, that term
shall mean the Chief of Police or Code Enforcement Officer of the
Township as specifically designated from time to time by the Board
of Commissioners.
E.
Wherever the term "Fire Prevention Bureau" is used
in the code, that term shall mean the Code Enforcement Officer of
the Township and, if the Code Enforcement Officer is in charge of
any office or bureau of Township government, that office or bureau.
F.
Section F-100.1 of the code is amended to read as
follows:
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F-100.1. Title: These regulations
shall be known as the "Fire Prevention Code of the Township of Rostraver,"
hereinafter referred to as "the code" or "this code."
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G.
Section F-101.2 of the code is amended to read as
follows:
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F-101.2. Validity of other laws, regulations
and ordinances: Nothing in this code shall be construed to
prevent the enforcement of state laws and regulations and/or ordinances
of the Township of Rostraver which prescribe more restrictive or stricter
requirements or limitations.
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H.
Section F-102.2 of the code is amended to read as
follows:
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F-102.2. Inspections of buildings and
premises: The Chief of Police or Code Enforcement Officer shall
have authority to detail the Chiefs of the Volunteer Fire Departments
or companies within the Township the duty to inspect for violations
and shall be permitted to name them as inspectors who shall report
violations to the Chief of Police or the Code Enforcement Officer
for enforcement. It shall be the duty of those inspectors, to the
Chief of Police or the Code Enforcement Officer, to inspect all buildings
and premises, except the interiors of dwellings and dwelling units,
as often as may be necessary for the purpose of ascertaining and causing
to be corrected any conditions liable to cause fire or any violation
of the provisions of this code and/or any other ordinance affecting
fire hazards. Nothing herein contained shall be intended to supersede
or supplant the procedure for removal of fire hazards set forth in
the Act of 1927, P.L. 450, No. 291, Section 3, as amended, where that
procedure shall be followed by the Pennsylvania State Police or its
assistants.
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I.
Section F-102.7 of the code is amended to add the
following sentence at the end thereof: "Furthermore, the Board of
Commissioners shall have authority, at its discretion, to abrogate
any rule or regulation or part thereof, in which case that rule or
regulation shall cease to be in effect in the Township."
J.
Section F-103.1 of the code is amended to read as
follows:
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F-103.1. Permits required: Permits
shall be obtained from the fire official and shall at all times: (a)
be kept on the premises designated in the permit; and (b) be available
for inspection by the fire official. No permit need be obtained from
the Township under this section where a license or permit is required
by law or departmental regulation of the Commonwealth of Pennsylvania
and where a valid state license or permit is in possession of the
person desiring to engage in the precise activity authorized by the
state license or permit.
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K.
Section F-103.1.1 of the code is amended to read as
follows:
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F-103.1.1. Application for permit: Application for a permit required under this code shall be made
to the fire official on a form provided by the Township. Applications
for permits shall be accompanied by plans or drawings where required
by the fire official for evaluation of the application. After investigation
and approval by the fire official, he shall issue the permit. Every
permit shall be valid for the period of time specified by the fire
official, but in no instance for longer than one calendar year or
the portion of the calendar year remaining after issuance of the permit.
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L.
Section F-103.6 of the code is amended to read as
follows:
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F-103.6. Fee: No fee shall be charged
or collected for the issuance of any permit under this code.
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M.
Section F-104.2 of the code is amended to read as
follows:
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F-104.2. Board of Commissioners serves
as board of appeals. The Board of Commissioners shall serve
as the board of appeals and shall have all authority, shall perform
all the duties and may exercise all powers vested in the board of
appeals by this code.
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N.
Sections F-104.2.1 through F-104.2.6 of the code are
deleted.
O.
Section F-104.4 of the code is amended to read as
follows:
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F-104.4. Notice of meeting: The
Board of Commissioners, when meeting as a board of appeals, shall
give notice of all such meetings in the same manner as required for
special meetings of the Board of Commissioners.
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P.
Section F-104.5 of the code is deleted.
Q.
Section F-104.6 of the code is amended to read as
follows:
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F-104.6. Actions of the Board: The
Board shall confirm, modify or reverse the decision of the fire official
by a concurring vote of a majority of the members of the Board present
at the meeting.
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R.
The following new section is added to the code, directly
after Section F-104.6.2:
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F-104.6.3. Determining vote: Failure
to secure concurring votes of a majority of the members of the Board
present at a meeting shall be deemed a confirmation of the decision
of the fire official.
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S.
Section F-105.5.1 of the code is amended to read as
follows:
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F-105.5.1. Penalties.
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(a)
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Any person who violates or fails to comply with
any provision of this code, or who violates or fails to comply with
any order issued under this code, submitted and approved under the
terms of this code, or any certificate or permit issued under this
code, or any certificate or permit issued under this code, and from
which no appeal was taken, or who fails to comply with any such order
as affirmed by the Board of Commissioners, or by a court of competent
jurisdiction, within the time fixed therein, shall severally be guilty
of an offense and a violation of this code, and, upon conviction,
shall be sentenced to pay a fine of not less than $100 or not more
than $1,000 and costs of prosecution and, in default of payment of
fine and costs, to imprisonment for not more than 30 days. The imposition
of one penalty for any violation shall not excuse that violation or
permit it to continue; and all such persons shall be required to correct
or remedy that violation or defect within a reasonable time; and when
not otherwise specified, each 10 days that any prohibited condition
is maintained shall constitute a separate offense.
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(b)
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The application of the above penalty shall not
be held to prevent the enforced removal of prohibited conditions.
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(c)
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If, at the expiration of the time limit for
correction of the listed violations, satisfactory remedial action
has not been taken and no exception has been filed to request consideration
of the order by the Board of Commissioners, such further action shall
be initiated by the Township as provided for by law, specifically
including the power of the Township to cause such remedial action
to be commenced and/or completed by the Township, and the costs thereof
and expenses incurred therewith, with a penalty of 10%, shall be collected
from the owner of the property by action of assumpsit or by lien;
provided, however, that the recovery of the costs and expenses, together
with the penalty, may be in addition to the penalty imposed as provided
for this section.
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T.
Section F-313.1 of the code is amended to read as
follows:
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Section 313.1. Designations: The
Board of Commissioners shall require and designate (or shall delegate
to the Chief of Police or the Code Enforcement Officer to require
and designate) public or private fire lanes as deemed necessary for
the efficient and effective use of fire apparatus and for the purpose
of providing egress for occupants of buildings in the vicinity. Fire
lanes shall have a minimum width of 18 feet (5,486 millimeters).
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U.
The following new section is added directly after
Section F-313.2:
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F-313.3. Prosecution for illegal parking
of vehicles in fire lanes: Prosecution of persons parking illegally in fire lanes shall be in the manner prescribed by the Vehicle Code of Pennsylvania and in Chapter 187 of this Code of Ordinances for parking in locations where parking is prohibited at all times.
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A.
The code shall not supersede any provision of the
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 a
provision of said code; provided, however, that any provision of said
code 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 Rostraver, subject to the
penalties prescribed in the code.
B.
Mention in or regulation by the code adopted by this
article of any specific use of property or of any business or industry
shall not in itself authorize such use of property or the establishment
or carrying on of any such business or industry in the Township. It
is hereby declared that the intent of the Board of Commissioners is
that permitted and prohibited uses of property in the Township shall
be as governed by the Township's Zoning Ordinance, its amendments
and supplements.[1]
