[Adopted as Ch. 65 of the 1979 Code; amended in its entirety 8-21-1991 by Ord. No. 362]
[Amended 8-24-2005 by Ord. No. 455; 9-21-2022 by Ord. No. 570]
A.
A certain document, one copy of which is on file in the office of Parkside Borough, being marked and designated as the 2018 International Fire Code edition published by the International Code Council, be and hereby is adopted as the Fire Code of Parkside Borough in the Commonwealth of Pennsylvania for regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substance materials and devices and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; also providing for the issuances of permits and collection of fees therefor. Each and all of the regulations, provisions, penalties, conditions, and terms of said Fire Code on file in the office of the Borough of Parkside are hereby referred to, adopted and made a part hereof as if fully set out in this section with the additions, insertions, deletions and changes, if any, prescribed in Subsection B of this section.
B.
Additions, insertions and changes. The following sections are hereby
revised:
(1)
Section 101.1, insert "Parkside Borough."
(2)
Section 110.4, insert "summary offenses penalty of not more than
$1,000 and/or imprisonment for a term not to exceed 90 days."
(3)
Section 5706.2.4.4, delete "within the limits established by law"
and insert "within the limits established by the law of Parkside Borough."
(4)
Section 6104.2, delete "within the limits established by law" and
insert "within the limits established by the law of Parkside Borough."
The code hereby adopted shall be enforced by the Borough Council
of the Borough of Parkside or any person that said Borough Council
shall designate.[1]
[1]
Editor's Note: The resolution appointing a Fire Marshal and
authorizing his power to cite for any and all violations of this article
is available for inspection in the Borough offices.
The Borough Council of the Borough of Parkside shall have the
power to modify any of the provisions of the code hereby adopted upon
application in writing by the owner or lessee of a particular premises
or by his or her authorized agent when there are practical difficulties
in the way of carrying out the strict letter of the code aforementioned,
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 Borough Council of
the Borough of Parkside thereon shall be entered upon the records
of the Borough of Parkside, and a signed copy shall be furnished to
the applicant.
[Amended 8-24-2005 by Ord. No. 455]
The limits referred to in Section 74A of the International Fire
Code, in which storage of flammable liquids in outside, aboveground
storage tanks is prohibited without permit, and the limits referred
to in Section 114 of the International Fire Code, in which bulk storage
of liquefied petroleum is restricted, are hereby established as the
storage limits for flammable liquids in outside, aboveground storage
tanks and bulk storage limits of liquefied petroleum within the Borough
of Parkside.
A.
It shall be the duty of the person designated by the Borough Council
of the Borough of Parkside to enforce this article or to enforce any
other such ordinances covering the following:
(1)
The prevention of fires.
(2)
The storage and use of explosives and flammables.
(3)
The installation and maintenance of automatic fire alarm systems
and fire extinguishing equipment.
(4)
The maintenance and regulation of fire escapes.
(5)
The means and adequacy of exit, in case of fire, from factories,
schools, hotels, lodging houses, asylums, hospitals, churches, halls,
theaters, amphitheaters and all other places in which numbers of persons
work, live or congregate from time to time for any purpose.
(6)
The investigation of the cause, origin and circumstances of fires.
(7)
The maintenance of fire cause and loss records.
B.
He, she or they shall have other such powers and perform such other
duties as are set forth in other sections of this article and as may
be conferred and imposed from time to time by ordinance, enactment,
regulation, statute or law.
It shall be the duty of the Borough Council of the Borough of
Parkside or the person that said Borough Council shall designate to
investigate and to recommend to said Borough Council such additional
ordinances or amendments to existing ordinances as he, she or they
may deem necessary for safeguarding life and property against fire.
It shall be the duty of the Borough Council of the Borough of
Parkside or the person that said Borough Council shall designate to
investigate the cause, origin and circumstances of every fire occurring
in the Borough of Parkside, by which property has been destroyed or
damaged and, so far as possible, shall determine whether the fire
is the result of carelessness or design. Such investigations shall
begin, as reasonably practicable, after the occurrence of such a fire.
The person designated by said Borough Council or the Police Department
of the Borough of Parkside shall take charge immediately of the physical
evidence, shall notify the proper authorities designated by law to
pursue the investigation of such matters and shall further cooperate
with the authorities in the collection of evidence and the prosecution
of the case. Every fire shall be reported in writing to the Borough
Council within 30 days after the occurrence of the same by the person
designated by said Borough Council under this article. Such report
shall contain a statement of facts relating to the cause, origin and
circumstances of such fire, the extent of damage thereof and the insurance
upon such property, and such other information as may be required,
including the injury, death or rescue of persons.
[Amended 3-28-2018 by Ord. No. 550]
A.
The Borough
Fire Marshal or Code Enforcement Officer shall make periodic inspections,
when ordered to do so by the Borough Council or when circumstances
warrant an inspection, and shall make such orders as may be necessary
for the enforcement of the laws and ordinances which mandate the protection
and safeguard of life and property from fire.
B.
The Borough
Fire Marshal or Code Enforcement Officer shall, at all reasonable
hours and not less than once yearly, enter any public building or
any private building used for any business, commercial or industrial
purpose and any apartment or converted home with two or more apartments
for the purpose of making a safety inspection or investigation which
he, she or they may deem necessary for the prevention of fire and
to secure the safety of persons from fire.
[Amended 4-27-2011 by Ord. No. 500; 3-28-2018 by Ord. No. 550]
There shall be a fee of $150 paid by the business owner or occupant of the subject premises, payable to the Borough of Parkside, for the performance of the inspection service provided in § 82-8. The Fire Marshal or Code Enforcement Officer shall receive 1/2 of the fee as compensation for their service with the remainder of the fee collected to be retained by the Borough of Parkside.
A.
Whenever the person designated by Borough Council under this article
shall find, in any building or upon any premises or other places,
combustible or explosive matter or dangerous accumulations of rubbish
or unnecessary accumulation of wastepaper, boxes, shavings or any
highly flammable materials especially liable to fire, and which is
so situated as to endanger property, or shall find obstruction to
or repairs needed for or lack of fire escapes, stairs, passageways,
doors or windows, leaving the same liable to interfere with the operations
of fire-fighting crews or egress of occupants in event of a fire,
he, she or they shall order the same to be removed, remedied or repaired,
and such order shall forthwith be complied with by the owner or occupant
of such premises or buildings.
B.
Any owner or occupant failing to comply with such order within the
time specified on the violation notice after the service of said order
shall be liable for the penalties hereinafter provided.
C.
The service of any such order may be made upon the occupant of the
premises to whom it is directed, either by delivering a copy of the
same to such occupant personally or by delivering the same to and
leaving with any person in charge of the premises or, in case no such
person is found upon the premises, by affixing a copy thereof in a
conspicuous place on the door to the entrance of said premises. Whenever
it may be necessary to serve such an order upon the owner of a premises,
such order may be served either by delivering to and leaving with
said person a copy of said order or, if such owner is absent from
the jurisdiction of the officer making the order, by mailing such
copy of certified mail to the owner's last known post office address.
The person designated by Borough Council under this article
shall keep records of all inspections and fires and of all facts concerning
the same.
If, in the opinion of the person designated by Borough Council
under this article, an immediate fire hazard of condition dangerous
to human life or property exists, the person designated by Borough
Council under this article is empowered to order an immediate evacuation
of the premises and to secure the premises until such hazard or condition
has been corrected.
A.
Whenever the person designated by Borough Council under this article
shall determine that the parking of motor vehicles, trailers, etc.,
upon any public or private street, lane, alley, shopping district
or other area of public property is liable to interfere with the operations
of a fire-fighting or fire-investigative agency or would hamper the
egress of occupants of buildings in case of fire or other emergency,
he, she or they shall post signs on such street, lane, alley, shopping
district or area of private property, reading "Fire Zone — No
Parking."
B.
The person designated by Borough Council under this article is hereby
given authority to adopt and enforce temporary parking regulations
to cover emergencies or special conditions on any public or private
street, lane, alley, shopping district or other area of private property
if he, she or they shall determine that the parking of motor vehicles,
trailers, etc., is liable to interfere with the operations of fire-fighting
or fire-investigative agencies. He, she or they shall post signs on
such street, lane, alley, shopping district or area of private property
reading "Fire Zone — No Parking."
C.
Prosecutions under this section may be brought by either the person
designated by Borough Council under this article or by the Police
Department of the Borough of Parkside.
The provisions of this article shall apply equally to both public
and private property and shall apply to all structures and their occupancies.
[Amended 8-24-2005 by Ord. No. 455]
All annexes and appendices of the International Fire Code of
the National Fire Protection Association presently in effect or hereinafter
enacted are made a part of this article.
A.
Permits shall be required by any person, corporation, firm, association,
company or other like entity, whether for profit or not for profit,
to have, keep, store, use, manufacture, sell or handle flammable,
explosive, combustible, hazardous or other materials dangerous to
human life or property.
B.
A permit shall constitute permission to establish, maintain, store,
handle, use, manufacture, sell, have or keep flammable, explosive,
combustible, hazardous or other materials dangerous to human life
or property. The permit shall be specific as to location, conditions
and the materials covered. The permit shall not be transferable, and
any change in the use or occupancy of the premises shall require a
new permit. The permit may be issued for a set time period with the
power to revoke the permit at any time during said time period for
a failure to comply with the regulations under this article and/or
the directions of the person designated by the Borough Council under
this article.
C.
Permits required by this section shall expire on January 31 of each
year. Applications for renewal, accompanied by the required annual
fees, shall be submitted by not later than January 15 and may consist
of signed verification of the original applications contents, so long
as there have been no changes.
Before permits may be issued or renewed as required by this
article, the person designated by Borough Council under this article
shall inspect and approve the receptacles, processes, vehicles, buildings
or storage places to be used for any such purposes.
All permits required under this article shall be on a form obtained
from the person designated by Borough Council under this article and
shall be obtained by the permittee upon payment of a fee as hereinafter
established by the Borough of Parkside. A record of all permits issued
shall be kept by the person designated by Borough Council under this
article and copies of the same shall be filed with the Borough Secretary
and the Borough Emergency Management Coordinator at the end of March,
June, September and December of each year.
A permit shall not be issued until the designated fees have
been paid to the Borough of Parkside in accordance with the following
fee schedule:
|
Type of Permit
|
Permit Fee
| |
|---|---|---|
|
Storage in excess of 2,500 cubic feet of combustibles
|
$50 annually
| |
|
Installation or extension of fire alarm, detection or suppression
system
|
$25 per $1,000 of cost or fraction thereof for the first $50,000,
plus $12 per $1,000 of the cost or fraction thereof for the additional
costs above $50,000
| |
|
Fire suppression for cooking operations
|
$25,00 per $1,000 of cost or fraction thereof for the first
$50,000, plus $12 per $1,000 of cost or fraction thereof for the additional
costs above $50,000
| |
|
Airports, heliports and helistops
|
$500 annually
| |
|
Application of flammable finishes
|
$50 annually
| |
|
Lumberyard and woodworking operation
|
$50 annually
| |
|
Industrial processing ovens and furnaces operation
|
$50 annually
| |
|
Place of assembly
| ||
|
50 to 300 persons total occupant load
|
$50 annually
| |
|
301 to 1,000 persons total occupant load
|
$75 annually
| |
|
Over 1,000 persons total occupant load
|
$150 annually
| |
|
Motor vehicle service stations and garage operation
|
$25 annually
| |
|
Tents and air-supported structures in excess of 120 square feet
|
$25 annually
| |
|
Welding and cutting, calcium, carbon and acetylene generator
operations
|
$25 annually
| |
|
Cellulose nitrate (pyroxylin) plastic storage and handling in
excess of 20 pounds
|
$50 annually
| |
|
Combustible fibers, storage and handling of fibers in excess
of 100 cubic feet
|
$50 annually
| |
|
Compressed gases, storage and handling in excess of 2,000 cubic
feet of flammable compressed gas or 6,000 cubic feet of nonflammable
compressed gas
|
$50 annually
| |
|
Cryogenic liquids, production, storage or sales in quantities
greater than 500 gallons or storage or use of more than 10 gallons
of liquid oxygen, flammable cryogenic liquids or cryogenic oxidizers
|
$50 annually
| |
|
Explosives, ammunitions and blasting agents
|
$100 for each activity
| |
|
Fireworks, display, sale or discharge
|
$50 per day per event
| |
|
Flammable and combustible liquids:
| ||
|
To install, remove, repair or alter a stationary tank for the
storage of flammable or combustible liquids, or to modify or replace
any line or dispensing device connected thereto
|
$25 per tank per job
| |
|
For the storage, handling use of Class 1 liquids in excess of
5 gallons in a dwelling or other place of human habitation or in excess
of 10 gallons in any other building or other occupancy or in excess
of 60 gallons outside of any building
|
$25 annually
| |
|
For the storage, handling and use of Class II combustible liquids
or Class III combustible liquids in excess of 60 gallons outside of
a building, except for fuel oil used in connection with oil-burning
equipment in a single-family residential building
|
$25 annually
| |
|
For the manufacture, processing, blending or refining of flammable
or combustible liquids
|
$100 annually
| |
|
For the storage of flammable or combustible liquids in stationary
tanks
|
$25 annually
| |
|
For the placing of any flammable or combustible liquids in a
stationary tank temporarily or permanently out of service, and to
place said tank back into service
|
$25 per tank
| |
|
Hazardous materials and chemicals, storage and handling
|
$50 per year per activity
| |
|
Liquified petroleum gases, installation of storage containers
over 2,000 gallons individual water capacity or with an aggregate
water capacity exceeding 4,000 gallons
|
$25 per $1,000 of cost or fraction thereof for the first $50,000,
plus $12 per $1,000 of cost or fraction thereof for the additional
costs above $50,000
| |
|
Magnesium, working with in excess of 10 pounds per working day
|
$50 annually
| |
|
Matches, manufacture or storage of matches in excess of 25 cases
|
$25 annually
| |
|
Organic coating manufacture
|
$50 annually
| |
[Amended 4-27-2016 by Ord. No. 523]
The person designated by the Borough Council as the Parkside
Borough Fire Marshal under this article to perform certain duties,
including, but not limited to, investigations, inspections, and issuance
of permits, licenses and violation notices, shall be paid a compensation
in the sum of $3,500 per year.
The recognized standards and practices for the prevention of
fire, for all inspections and for the issuance of permits hereunder
shall be held to mean the standard practices and requirements set
forth by the International Fire Code as promulgated by the National
Fire Protection Association.
The owner, occupant or person in charge of or managing any building
or premises covered by this article shall, forthwith, after notice
by the person designated by Borough Council under this article so
to do, correct any condition in such building or premises so that
the premises, building, processes or materials shall be in such condition
as to comply with the recognized standards and practices set forth
hereunder for the prevention of fire or other catastrophe.
The failure or neglect of any person designated by this article,
to be responsible hereunder to comply with any order or directive
issued by the person designated by Borough Council under this article,
within the time period specified and pursuant to the provisions of
this article, shall be deemed to be a violation of this article.
Any person, firm, corporation, association, company or like
entity, whether for profit or not for profit, who shall violate any
provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $1,000 and/or to imprisonment for a
term not to exceed 90 days. Every day that a violation of any provision
of this article continues shall constitute a separate offense.
