[HISTORY: Adopted by the Borough Council
of the Borough of Yeadon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-7-1995 by Ord. No. 1245 as
Ch. 1456 of the 1995 Code]
All newly constructed structures situated within
the Borough, whether residential, commercial or industrial, shall
be equipped with smoke or heat detection equipment of a type approved
by Underwriters' Laboratories and/or Fire Underwriters.
Smoke or heat detection equipment required by § 156-1 shall be placed so that single-story structures have at least one unit for each 5,000 square feet of floor area. In multistory structures, at least one unit is to be located on each level and there shall be at least one unit for each 5,000 square feet of floor area.
Structures already existing in the Borough are
required to comply with the provisions of this article at the time
of title transfer or, in the case of rental properties, at the time
of occupancy by a new tenant.
A.
No certificate of occupancy or housing occupancy certificate
will be issued unless smoke or heat detection equipment, as required
by this article, is present and functional.
B.
This section shall provide no legal liability to the
Borough. The Borough shall only ensure that, at the time of inspection,
smoke or heat detection equipment was present and functional.
Whoever violates or fails to comply with any
of the provisions of this article shall be fined not less than $100
nor more than $1,000.
[Adopted 12-7-1995 by Ord. No. 1245 as
Ch. 1610 of the 1995 Code]
A.
There is hereby adopted by reference, as if the same
were fully described herein, the BOCA National Fire Prevention Code,
being particularly the 1996 edition thereof, prepared and promulgated
by Building Officials and Code Administrators International, Inc.,
and the NFPA 101 Life Safety Code, being particularly the 1997 edition
thereof, prepared and promulgated by the National Fire Protection
Association, except as modified in this article. Such codes shall
be referred to as the "fire prevention code."
B.
As the BOCA National Fire Prevention Code and the NFPA 101 Life Safety Code set forth in Subsection A hereof are amended, supplemented or added to, such amendments, supplements or additions shall also be established as the law of the Borough. As any future amendments or editions of such Codes described in Subsection A hereof are published, they shall also be adopted by the Borough.
A.
In the event of a conflict between a provision of the fire prevention code adopted in § 156-6 and a provision of any commonwealth statute, the more stringent provision shall prevail.
C.
In the event of a conflict between a provision of
the BOCA National Fire Prevention Code and a provision of the NFPA
101 Life Safety Code, the Fire Marshal shall determine which provision
shall prevail.
The failure or neglect of a person responsible under the fire prevention code adopted in § 156-6 to comply with any section of such code, or to comply with an order of the Fire Marshal pursuant to such code, shall be deemed a violation of this article.
Section F-107.6 of the BOCA National Fire Prevention Code, as adopted in § 156-6, is hereby amended to add the following sections:
A.
Plans, Specifications and Engineering Details. All costs for the preparation of plans, specifications and/or engineering
details shall be the responsibility of the applicant.
B.
Professional Services. Where applications
for design are filed or the magnitude of construction is such that
the Code Official determines that such applications require the performance
of professional services, including, but not limited to, plan review
or site inspection by the Borough, all fees and costs relating to
the performance of those professional services and incurred by the
Borough shall be borne by the owner.
Section F-113.2 of the BOCA National Fire Prevention Code, as adopted in § 156-6, is hereby amended as follows:
The Fire Chief may establish mutual aid agreements
with neighboring fire departments for the purpose of assisting each
other in fulfilling their respective duties and responsibilities.
A.
Establishment of office; qualifications.
(1)
There is hereby established the office of Fire Marshal.
(2)
The Council shall appoint a person to serve as Fire
Marshal for the Borough.
[Amended 12-18-2003 by Ord. No. 1303]
(3)
The Fire Marshal shall receive compensation as established
by Council.
(4)
The Fire Marshal must have demonstrated by past activities
his or her knowledge of fire prevention and safety.
B.
Duties.
(1)
The Fire Marshal shall enforce the fire prevention code adopted in § 156-6, and he or she shall have such other duties as are set forth in this article.
(2)
He or she may issue citations for a violation of any
of the provisions of such fire prevention code or this article.
(3)
References in the BOCA National Fire Prevention Code, as adopted in § 156-6, or the NFPA 101 Life Safety Code, as adopted in § 156-6, to the "fire chief" or "fire official" shall mean the Fire Marshal, unless otherwise expressly specified in this article, and the Fire Marshal shall assume all duties and responsibilities ascribed to him or her.
A.
The Mayor shall assign one police officer to work
with the Fire Marshal and the Assistant Fire Marshal in investigations
and legal matters.
B.
Such police officer shall attend a course in arson
investigation within six months of his or her appointment.
C.
Such police officer shall also have the power of arrest
as conveyed by commonwealth statute.
A.
Establishment of office; appointment.
B.
Duties.
(1)
The Fire Chief, or his or her duly authorized representative,
who may be in charge at the scene of a fire or other emergency involving
the protection of life and/or property, may direct such operations
as may be necessary to extinguish or control suspected or reported
fires, gas leaks, chemical accidents or other hazardous conditions
or situations, or may take other action necessary in the reasonable
performance of his or her duty.
(2)
The Chief, his or her representative or the Fire Marshal
may prohibit a person, vehicle or object from approaching such a scene
and may remove or cause to be removed a person, vehicle or object
which may impede, hamper or interfere with the operation of the Fire
Department.
(3)
The Chief, his or her representative or the Fire Marshal
may remove or cause to be removed a person, vehicle or object from
a hazardous area. A person ordered to leave a hazardous area, or to
remove a vehicle or object which he or she possesses from a hazardous
area, shall do so immediately and shall not reenter the area until
authorized to do so by the Chief, his or her duly authorized representative
or the Fire Marshal.
Section F-311.1 of the BOCA National Fire Prevention Code, as adopted in § 156-6, is hereby amended to add the following:
A.
All signs and markings required by the Fire Marshal
on private property shall be installed by the property owner within
30 days of receipt of written notice by the Marshal.
B.
The cost of all such signs and markings shall be the
responsibility of the property owner.
C.
The Code Enforcement Officer shall not issue a certificate
of occupancy for new construction, or for renovations, until such
signs and markings are in place.
D.
The Code Enforcement Officer shall not issue a housing
occupancy certificate until such signs and markings are in place.
E.
No person shall obstruct or block any fire lane or
fire zone, provided that such lane or zone has been designated by
the Fire Marshal and is properly posted.
Section F-501.2 of the BOCA National Fire Prevention Code, as adopted in § 156-6, is hereby amended as follows:
A.
Before a fire alarm, detection or fire suppression
system is installed, enlarged or extended, a permit therefor shall
be obtained from the Code Enforcement Officer.
B.
Plans and specifications for such devices or systems
shall be submitted to the Code Enforcement Officer for review prior
to the issuance of the permit.
C.
Single-family dwellings are exempt from this section,
provided that such system is not connected by any means, including
tape dialer, to an external monitoring source, including the County
Emergency Communications Board.
A.
New construction. All new construction in the Borough,
whether residential, commercial, institutional or industrial, shall
be equipped with fire detectors of a type approved by the Underwriters'
Laboratories (UL) and/or Factory Mutual (FM).
B.
Existing structures.
(1)
An existing structure in the Borough, whether residential,
commercial, institutional or industrial, shall comply with all provisions
of this article prior to the transfer of title, at the time such property
is offered for sale or, in the case of rental properties, prior to
the time of occupancy by a new tenant. Institutional or commercial
properties shall have three years in which to comply with this subsection,
provided that such property has not been subject to transfer of title,
sale or new occupancy prior to this time.
(2)
In the case of a transfer of title, it is the responsibility of the owner of record prior to the transfer of title to have such property comply with all provisions of the fire prevention code adopted in § 156-6.
(3)
Fire detectors shall be of a type approved by the
Underwriters' Laboratories (UL) and/or Factory Mutual (FM).
C.
Placement and number of fire detectors.
(1)
Single-family dwellings shall have at least one fire
detector for each floor.
(2)
Lodging or boarding homes shall have at least one
fire detector for each room, including corridors or hallways, but
excluding bathrooms and kitchens. Additional detectors may be required
by the Fire Marshal.
(3)
Industrial and commercial properties shall have at
least one fire detector for each 500 square feet of open floor space
and one fire detector per office or room. Additional detectors may
be required by the Fire Marshal.
D.
Issuance of certificate. A certificate of occupancy
or housing occupancy certificate shall not be issued unless fire detection
equipment, as required in this section, is present and functional.
This provision shall provide no legal liability to the Borough; the
Borough shall only ensure that, at the time of the initial inspection
of premises, fire detection equipment was present and functional.
No person shall interfere with, attempt to interfere
with, conspire to interfere with, obstruct or restrict the mobility
of or block the path of travel of a Fire Department emergency vehicle,
including rescue vehicles and/or ambulances, or interfere with, attempt
to interfere with, obstruct or hamper a Fire Department operation.
No person shall willfully fail or refuse to
comply with a lawful order or direction of the Fire Marshal, the Fire
Chief or a duly authorized representative thereof, or interfere with
the compliance attempts of another individual.
No person shall drive or propel a vehicle over
an unprotected fire hose of the Fire Department without the consent
of the fire officer in charge of the operation.
A.
No person shall obscure from view, damage, deface,
obstruct or restrict the access to a fire hydrant or a Fire Department
connection for the pressurization of fire suppression systems, including
fire hydrants and Fire Department connections that are located on
public or private streets and access lanes or on private property.
B.
Such obstruction shall be removed by the Borough,
unless the owner removes such obstruction immediately. The cost of
towing and storage shall be borne by the owner of the object that
caused the obstruction.
No person, without proper authorization from
the fire official in charge of Fire Department emergency equipment,
shall cling to, attach himself or herself to, climb upon or into,
board or swing upon, a Fire Department emergency vehicle, whether
the same is in motion or at rest; sound the siren, horn, bell or other
sound producing device thereon; or manipulate or tamper with, or attempt
to manipulate or tamper with, switches, starting devices, brakes,
pumps or equipment or protective clothing on, or a part of, such vehicle.
No person shall damage or deface, or attempt
or conspire to damage or deface, any Fire Department emergency vehicle
or equipment at any time, or injure, attempt to injure or conspire
to injure Fire Department personnel while performing departmental
duties.
No person who possesses, occupies or has control
of any building or premises in the Borough shall permit or cause therein
or thereon a fire hazard or any installation, construction, equipment,
matter or thing which, by reason of not being installed, constructed
or maintained according to recognized standards and practices for
the prevention of fire, creates or produces danger to any person,
animal or property from fire.
Whenever the Fire Marshal finds that, in a building or upon any premises covered by the fire prevention code adopted in § 156-6, there is combustible or explosive matter, a dangerous accumulation of rubbish or an unnecessary accumulation of waste paper, boxes, shavings or highly flammable materials so situated as to endanger property, or that there is an obstruction to or on a fire escape, stairway, passageway, door or window which is liable to interfere with the operation of the Fire Department or the egress of occupants in case of fire, he or she shall order the same to be removed or remedied.
Owners and occupants of commercial, industrial
and institutional buildings and multifamily dwellings using dumpsters
to accumulate trash, debris and combustible refuse shall locate such
dumpsters at least 15 feet from the nearest structure on a suitable
area designated by the Fire Marshal or the Code Official appointed
by Council.
Whenever the Fire Marshal finds a building or other structure covered by the fire prevention code adopted in § 156-6 which, for want of repairs or the lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment, or by reason of age, dilapidated condition or for any other reason, is especially liable to catch fire, and which is so situated as to endanger other property or the occupants thereof, and whenever such officer or his or her authorized representative finds, in a building covered by such fire prevention code, combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he or she shall order such dangerous conditions or materials to be removed or to be remedied in accordance with this article. No person shall fail to comply with such order.
No person shall operate a fire hydrant intended
for use by the Fire Department for fire suppression purposes unless
such person first secures a permit for such use from the Fire Marshal.
This section does not apply to the use of such hydrants by a person
employed by, and authorized to make such use by, the water company
having jurisdiction.
The Fire Marshal shall recommend to the Borough
Manager the location or relocation of new or existing fire hydrants
and the placement or replacement of inadequate water mains located
upon public property and deemed necessary to provide an adequate fire
flow and distribution pattern. No fire hydrant shall be placed into
or removed from service until it is approved by the Fire Marshal.
Owners of new or existing ship yards, oil storage
plants, lumber yards, amusement or exhibition parks, educational or
institutional complexes and similar occupancies and uses which involve
high fire or life hazards, which are located more than 150 feet from
a public street or which require quantities of water beyond the capabilities
of the public water distribution system, shall provide properly placed
fire hydrants. Such fire hydrants shall be capable of supplying fire
flows as required by the Fire Marshal, shall be connected to a water
system in accordance with the approved rules and may require the establishment
of a trained fire brigade when the hazard involved requires such measures.
No such private hydrant shall be placed into or removed from service
until approved by the Fire Marshal.
No person shall obstruct, remove, tamper with or otherwise disturb a fire hydrant or fire appliance required to be installed or maintained under the fire prevention code adopted in § 156-6, except for the purposes of extinguishing fire, training or testing, recharging or making necessary repairs or when permitted by the Fire Marshal. Whenever a fire appliance is removed as permitted in this section, it shall be replaced or reinstalled as soon as the purpose for which it was removed has been accomplished. Defective and nonapproved fire appliances or equipment shall be replaced or repaired as directed by the Fire Marshal.
No person shall sell, trade, loan or give away
a fire extinguisher which is not approved, or which is not in proper
working order or whose contents do not meet the requirements of the
Fire Marshal. This section does not apply to the sale, trade or exchange
of obsolete or damaged equipment for junk when a unit is permanently
disfigured or marked with a permanent sign identifying the unit as
junk.
No person shall erect, construct, place or maintain
a bump, fence, gate, chain, bar, pipe, wood or metal horse or other
obstruction in or on any street in the Borough. As used in this section,
"street" means a roadway accessible to the public for vehicular traffic,
including, but not limited to, private streets or access lanes, as
well as all public streets and highways in the Borough. A person opening
a street, for the purpose of making or repairing a utility connection,
must first notify the Fire Marshal in writing, stating the exact location
and length of time such opening will remain.
Section F-107.5 of the BOCA National Fire Prevention Code, as adopted in § 156-6, is hereby amended to add the following paragraph: "No permit shall be issued for a period in excess of one year. A new application, along with the appropriate fees and certificate of insurance, must be filed at least 30 days prior to the expiration of the existing permit, if continuation thereof is desired."
Section F-108.1 of the BOCA National Fire Prevention Code, as adopted in § 156-6, is hereby amended to add the following paragraph: "Inspections shall be performed by the Fire Marshal at least once per year, except that health institutions and lodging and boarding homes shall be inspected quarterly."
A.
All permits required by the fire prevention code adopted in § 156-6 shall be obtained upon written application on a form to be obtained from the Fire Marshal, to be accompanied by a permit fee of $30 per establishment to be accounted for and paid by the Fire Marshal to the Borough. As compensation, $15 of such fee shall be returned by the Borough to the Fire Marshal at the end of March, June, September and December of each year, at which time the Fire Marshal shall file a record with the Borough Secretary of all applications and permits.
B.
For an inspection by the Fire Marshal required by
such fire prevention code, there shall be an inspection fee of $30
per year, for a building of 10,000 square feet or less, and $5 for
each additional 5,000 square feet or portion thereof. All fees shall
be accounted for and paid to the Borough by the Fire Marshal. Inspections
in excess of one per year, performed at the request of the owner or
tenant or required by an outside agency or by this article, will be
performed at the fee set forth in this subsection for each inspection.
As compensation, $15 of such fee shall be paid to the Fire Marshal
at the end of March, June, September and December, at which time the
Fire Marshal shall file, with the Borough Secretary, a signed copy
of each inspection report. For a building in excess of 10,000 square
feet, the Fire Marshal shall be paid a fee of 40% of the total inspection
fee.
A.
HEATING EQUIPMENT
Defined. As used in this section, the following terms
shall have the meanings indicated:
A permanent device designed, installed or arranged for the
purpose of using power or fuel for heating purposes and all equipment
connected thereto, including internal and external supply or storage
tanks, piping, wiring and all accessories.
B.
Permit to install, enlarge or repair.
(1)
No person shall install, erect or enlarge any permanent
heating equipment, or make repairs thereto if such repairs substantially
alter the construction or installation thereof, without first applying
for and obtaining a permit therefor from the Code Enforcement Officer
of the Borough pursuant to this section.
(2)
An application for such permit shall state the name
and address of the applicant, the place where the work is to be performed,
the trade name of the heating equipment, the name of the manufacturer
thereof, the location and size of the flue and the smoke pipe leading
to such flue and other information which the Code Enforcement Officer
may deem necessary.
C.
Standards. The installation, erection, enlargement or repair of permanent heating equipment and the storage and use of fuel, power, range or other oils in connection therewith are subject to the provisions of the fire prevention code adopted in § 156-6.
D.
Master switch. No automatic permanent heating equipment
shall be installed without a master switch outside the furnace room
or at the nearest entrance to the basement where the heating equipment
is installed, including electric water pumps, blowers and circulating
fans.
E.
Signal alarms for certain tanks. All two-hundred-seventy-five-gallon
fuel oil tanks shall be provided with signal alarms to prevent overfilling.
F.
Valves on supply and overflow lines. All fuel oil
tanks buried in the ground shall have manually operated valves on
supply lines and on overflow lines, which valves shall not be more
than two feet from the burners and shall be accessible.
A.
Polyurethane foam decubitus ulcer pads ("egg crates")
may be used only upon the written order of a licensed physician.
B.
The following conditions and limitations apply to
the dispensing, sale or use of such pads:
(1)
Smoking, open flames or space heaters are prohibited
in rooms or areas where the pads are stored or used.
(2)
Pads shall not be laundered or sterilized.
(3)
Labels shall be permanently affixed by the manufacturer
warning against laundering the pads and against smoking while on them.
(4)
Pads shall not be removed from the hospital or nursing
home unless a licensed physician authorizes, in writing, the release
of the pads.
[Added 2-6-1997 by Ord. No. 1256]
In addition to the amendments set forth in §§ 156-9, 156-10, 156-16, 156-17, 156-35 and 156-36, the following sections of the BOCA National Fire Prevention Code, as adopted in § 156-6, are hereby amended as follows:
A.
Section F-101.1 Title. Insert "Borough of Yeadon"
as the name of the jurisdiction.
B.
Section F-105.1 Code official is amended to read as
follows: "It shall be the duty and responsibility of the Fire Marshal
to enforce the provisions of this code."
C.
Table F-107.2.3 Permit Requirements. Insert "Yes" on each line in the column headed "Permit required." Fees shall be in accordance with § 156-37 of this chapter.
D.
Section F-3003.2 Storage is amended to read as follows:
"The storage of any and all explosive materials is strictly prohibited
within the Borough."
A.
Unless otherwise provided in this section, whoever
violates or fails to comply with any of the provisions of this article,
including the provisions of the BOCA National Fire Prevention Code
and the NFPA 101 Life Safety Code herein adopted, or any order of
the Fire Marshal or his or her authorized representative made pursuant
thereto, shall be fined not less than $100 nor more than $1,000 for
each offense. A separate offense shall be deemed committed each day
during or on which the violation or noncompliance occurs or continues.
