[HISTORY: Adopted by the Borough Council
of the Borough of Upland as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-13-1996 as Ord. No. 3-1996]
[Amended 8-10-2004 by Ord. No. 7-2004; 10-9-2012 by Ord. No.
16-2012]
A certain document, one copy of which is on file in the office of the Borough of Upland, being marked and designated as the "International Fire Code, 2003 Edition," and all subsequent editions, including appendix chapters, as published by the International Code Council, be and is hereby adopted as the Fire Code of the Borough of Upland 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 substances, materials and devices and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuances of permits amid collections of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the Borough of Upland are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 85-2 of this article.
[Amended 12-10-1996 by Ord. No. 9-1996; 8-10-2004 by Ord. No. 7-2004]
A.
Section 101.1: Insert "Upland Borough."
B.
Section 109.3: Insert "summary offense," "penalty
of $300 and not more than 30 days imprisonment."
C.
Section 111.4: Insert "fines of not less than $300
nor more than $1,000."
D.
Section 3204.3.1.1: Insert "Upland Borough."
E.
Section 3204.2.9.5.1: Insert "Upland Borough."
F.
Section 3406.2.4.4: Insert "Upland Borough."
G.
Section 3804.2: Insert "Upland Borough."
[Added 8-10-2004 by Ord. No. 7-2004]
If any section, subsection, clause or phrase
of this article is, for any reason, held to be unconstitutional, such
decision shall not affect the validity of the remaining portions of
this article. The Upland Borough Council hereby declares that it would
have passed this article, and each section, subsection, clause or
phrase thereof, irrespective of the fact that any one or more sections,
subsection, sentences, chaises and phrases be declared unconstitutional.
[Added 8-10-2004 by Ord. No. 7-2004]
All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
[Added 8-10-2004 by Ord. No. 7-2004]
The Borough Manager/Secretary shall certify
to the adoption of this article and cause the same to be published
as required by law; and this article shall take full force and effect
immediately upon the date and time of final passage and approval by
the Upland Borough Council.
[Amended 8-10-2004 by Ord. No. 7-2004]
The limits referred to in 3003.2 of the International
Fire Prevention Code, in which the storage of explosive materials
is prohibited are hereby established within the entire limits of the
Borough of Upland.
No provision of this section shall be construed
to impair any common law or statutory cause of action or legal remedy
therefrom of any person for injury or damage arising from any violation
of this section or from other law.
The National Standard Thread (NST) will be the
only acceptable thread type for all existing and future fire hydrants
within the Borough of Upland.
[Added 3-11-2008 by Ord. No. 4-2008]
A.
The code
hereby adopted shall be enforced by the Borough Council of the Borough
of Upland or any person that said Borough Council shall designate.
B.
Fire lane
enforcement. Fire lane regulations shall be enforced by the Fire Marshal
and/or his or her duly authorized representative or any Upland Borough
police officer.
[Added 2-10-2009 by Ord. No. 1-2009]
(1)
It is
hereby found that there exists in certain areas of the Borough of
Upland certain streets and/or parking zones, or portions thereof,
which because of their inadequate width restrictions, limited passage
areas for fire emergency vehicles and/or posted fire zone areas are
likely to affect the public health, safety and general welfare, whether
it be on private or public sectors of the Borough of Upland.
(2)
It shall
hereafter be unlawful and in violation of this subsection for any
person to park any car, truck, bus, tractor, trailer or any other
motor vehicle of any kind or nature in any firesafety zone in the
Borough of Upland.
(3)
Any
person violating any provisions of this subsection, for each and every
such violation, shall pay a fine of $15 and any cost of prosecution.
Such fines shall be paid to the Borough of Upland in the form of United
States currency. Failure to pay such fine shall constitute further
prosecution at the local District Magistrate's office.
[Added 3-11-2008 by Ord. No. 4-2008]
A.
The Borough Council of the Borough of Upland shall
have the power to modify any of the provisions of the Code hereby
adopted upon application in writing by the owner or the 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 Upland thereon shall be entered
upon the records of the Borough of Upland and a signed copy shall
be furnished to the applicant.
B.
This Code may be modified from time to time, by a
resolution of the Council of the Borough of Upland.
[Added 3-11-2008 by Ord. No. 4-2008]
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 Upland.
[Added 3-11-2008 by Ord. No. 4-2008]
A.
It shall be the duty of the person designated by the
Borough Council of the Borough of Upland, who shall be appointed to
the position of Fire Marshal, 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, ampitheaters 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, statue or law.
[Added 3-11-2008 by Ord. No. 4-2008]
It shall be the duty of the Borough Council
of the Borough of Upland or the person that said Borough Council shall
designate to investigate and to recommend to said Borough Council
such additional ordinances or resolutions or amendments to existing
ordinances as he or she or they may deem necessary for safeguarding
life and property against fire.
[Added 3-11-2008 by Ord. No. 4-2008]
It shall be the duty of the Borough Council
of the Borough of Upland or the person that said Borough Council shall
designate to investigate the cause, origin and circumstances of every
fire occurring in the Borough of Upland, 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
fire. The person designated by said Borough Council or the Police
Department of the Borough of Upland shall take charge immediately
of the physical evidence and 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.
[Added 3-11-2008 by Ord. No. 4-2008;
amended 2-12-2019 by Ord. No. 4-2019]
A.
The person designated by the Borough Council under this article shall
make periodic inspections, when ordered to do so by the Borough Council
or when circumstances warrant an inspection but, said inspections
for both commercial and residential properties shall be conducted
at least once per year, 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 person designated by Borough Council under this article may,
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 any inspection or investigation
which he or she or they may deem necessary for the prevention of fire
and to secure the safety of persons from fire.
[Added 3-11-2008 by Ord. No. 4-2008]
There shall be a fee of $100 paid by the owner of the subject premises, payable to the Borough of Upland, for the performance of inspection services provided in § 85-12B. Such fee, from time to time, may be regulated by the Borough of Upland Council, by resolution of same.
[Added 3-11-2008 by Ord. No. 4-2008]
A.
Whenever the person designated by the 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 waste paper, boxes, shavings
or any highly flammable materials especially liable to fire, and which
are 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 the event of a fire,
he or she or they shall order the same to be removed, remedied or
repaired and such order shall forthwith be complied with by the owner
of the building or the 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 services 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.
[Added 3-11-2008 by Ord. No. 4-2008]
The person designated by the Borough Council
under this article shall keep records of all inspections and fires
and of all facts concerning the same.
[Added 3-11-2008 by Ord. No. 4-2008]
If, in the opinion of the person designated
by the Borough Council under this article, an immediate fire hazard
or condition dangerous to human life or property exists, the person
designated by the 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.
[Added 3-11-2008 by Ord. No. 4-2008]
A.
Whenever the person designated by the 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 firefighting 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
operators of fire-fighting or fire investigative agencies. He or 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 the Borough Council under this article
or by the Police Department of the Borough of Upland.
[Added 3-11-2008 by Ord. No. 4-2008]
The provisions of this article shall apply equally
to both public and private property and shall apply to all structures
and their occupancies.
[Added 3-11-2008 by Ord. No. 4-2008]
All annexes and appendixes of the International
Fire Code of the National Fire Protection Association presently in
effect or hereinafter enacted are made a part of this article.
[Added 3-11-2008 by Ord. No. 4-2008]
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
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 application's contents,
so long as there have been no changes.
[Added 3-11-2008 by Ord. No. 4-2008]
Before permits may be issued or renewed as required
by this article, the person designated by the Borough Council under
this article shall inspect and approve the receptacles, processes,
vehicles, buildings or storage places to be used for any such purpose.
[Added 3-11-2008 by Ord. No. 4-2008]
All permits required under this article shall
be on a form obtained from the person designated by the Borough Council
under this article and shall be obtained by the permittee upon payment
of said fee as hereinafter established by the Borough of Upland. A
record of all permits issued shall be kept by the person designated
by the Borough Council under this article and copies of same shall
be filed with the Borough Manager and the Borough's Emergency Management
Coordinator at the end of March, June, September and December of each
year.
[Added 3-11-2008 by Ord. No. 4-2008]
The person designated by the Borough Council
under this article to do the above-mentioned inspections shall receive
as compensation 50% of the fee for each permit issued.
[Added 3-11-2008 by Ord. No. 4-2008]
The recognized standards and practices for the
prevention of fire, for all inspection and for the issuances 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.
[Added 3-11-2008 by Ord. No. 4-2008]
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 the 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.
[Added 3-11-2008 by Ord. No. 4-2008]
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 the 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.
[Added 3-11-2008 by Ord. No. 4-2008]
Any person, firm, corporation, association,
company or like entity, whether for profit or not for profit, who
shall violate any provisions of this article shall upon conviction
thereof, be sentenced to pay a fine of not more than $1,000 and/or
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.
[Adopted 10-9-2012 by Ord. No. 16-2012]
A.
The Council of the Borough of Upland has determined that the health, safety and welfare of the citizens of the Borough of Upland are promoted and safeguarded by requiring certain at-risk structures, as defined below (See § 85-29, Definitions.), to have a key lock box installed on the exterior of the structure to aid the Upland Fire Company to gain access to the structure when the same is not occupied or when the occupants are unable to grant ingress to the Fire Company.
B.
Council has further determined that a key box system, when installed
properly, will reduce the need for forced entry into structures and
should avoid costly and time-consuming efforts in gaining access to
locked structures during an emergency.
The following words or phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
The following are considered to be at-risk structures for
the purposes of this article:
A device that automatically dials and relays a prerecorded
message to a central station or the fire Company.
A system or assembly of piping, valves, controls and sprinklers
which are designed and installed to comply with the NFPA standards,
which utilize water, foam, Co2, or other gas
to automatically react to suppress a fire.
Any structure used or intended for supporting or sheltering
any human occupancy.
An office of a private company to which remote alarm and
supervisory signaling devices are transmitted and where personnel
are in attendance at all times to supervise the circuits and investigate
signals.
The official of the Borough of Upland (Upland Fire Company
Fire Chief, Upland Borough Fire Marshal, and Code Enforcement Officer)
or designee responsible for enforcement of this article.
Equipment which automatically actuates a fire alarm when
the detecting element is exposed to fire, smoke, abnormal rise in
temperature or activation of a sprinkler or extinguishing system or
manually activated device.
Upland Fire Company No. 1, and/or any fire company dispatched
to provide fire/rescue protection and emergency services to the Borough
of Upland.
A high-security key vault, which is listed under the UL 1610
and the UL 1037 standards, master keyed with a Medeco Level 7 or equivalent
lock. Locks shall be keyed to the key configuration provided by the
Fire Company.
Lock that secures perimeter or fire access gates, sprinkler
systems and shutoff valves constructed of a heavy-duty steel body
with a weather-resistant cover that is opened by the Knox® master
key.
A wet or dry system of piping, valves, outlets and related
equipment designed to provide water at specified flow rates and pressures
and installed exclusively for fighting fires.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures that have incurred damage from any and
all causes regardless of the actual repair work performed.
Each building within the Borough of Upland, which is protected
by an automatic fire suppression or standpipe system and not manned
during a twenty-four-hour, seven-day-a-week operation, shall be equipped
with a key box. The key box shall be at a location approved by the
Code Official. The said key box shall be a Knox-Box® type and
size approved by the Code Official.
When a building is protected by an automatic fire alarm system,
as defined above, the Code Official shall require a key box to be
installed at that location. The key box shall be at a location approved
by the Code Official. The said key box shall be a Knox-Box® type
and size approved by the Code Official.
The Code Official shall require a key box to be installed for
any facility, firm, or corporation which handles, uses, or stores
hazardous materials and/or is required to prepare the emergency services
material safety data sheets (MSDS) or hazardous chemical inventory
forms under the Superfund Amendments and Reauthorization Act of 1986
(SARA Title III).[1] All pertinent documents shall be stored in a lock box
document vault. This includes any facility, firm or corporation operating
structures that handle, use or store hazardous materials. The key
box shall be at a location approved by the Upland Borough Code Official.
The said key box shall be a Knox-Box® type and size approved by
the Code Official.
[1]
Editor's Note: See 42 U.S.C. § 9601 et seq.
When a property contains a building or structure that is protected
by a locked fence or gate, the Code Official may require a Knox®
Padlock be installed at a location approved by the Code Official upon
consultation with the Upland Fire Company, or other first responding
fire company.
A.
The owner or operator of a structure subject to this article is required,
at all times, to keep a key(s) in the lock box that will allow access
to the structure. The contents of the lock box shall be as follows:
(1)
Keys to locked points of ingress or egress, whether on the interior
or exterior of such buildings.
(2)
Keys to all mechanical rooms.
(3)
Keys to all locked electrical rooms.
(4)
Keys to elevator and their control rooms.
(5)
Keys to any fenced or secured areas.
(6)
Keys to the fire alarm panels.
(7)
Keys (special) to reset pull stations or other fire protective devices.
(8)
Keys to any other areas as requested by the Code Official, after
written notice has been given.
(9)
A card containing the emergency contact people and phone numbers
for such building.
(10)
An inventory of the keys is to be posted inside all lock boxes,
as per approval of the Code Official.
B.
In lieu of having the interior keys in the exterior lock box, a second
lock box may be located within the main lobby of the building to hold
these keys.
A.
The lock box identified by the Code Official shall be installed on
the front of the building (side 1) near the main entry door and between
six and eight feet above the ground, unless approved at a higher or
lower level by the Code Official. The Borough of Upland must provide
written notice and provide the owner 30 days to install a lock box.
B.
A permit/registration with the Borough of Upland is required prior
to the installation of a Knox-Box®, in order to verify the proper
mounting location and installation of said Knox-Box®.
C.
If a permit/registration fee is required, the fee will be set forth
in the Upland Borough Fee Schedule, and may be changed from time to
time by resolution of the Council of the Borough of Upland.
A.
This article shall take full effect on the first day following the
date of its adoption.
A.
After the effective date of this article, all newly constructed or
substantially improved buildings, not yet occupied, or buildings currently
under construction and all buildings or businesses applying for a
use and occupancy certificate (U&O) shall comply with this article.
B.
Existing buildings that are not in compliance herewith on the effective
date of this article shall comply with all requirements of this article
within 18 months of the said effective date of this article.
Any person, entity or corporation who has violated any provisions
of this article or who has failed to comply with any order issued
by the Code Official, or has failed to comply with any order issued
pursuant to any section thereof, shall, upon conviction before the
proper judicial authority, be punished by a fine of not more than
$600. Each day a violation continues shall be considered a separate
offense.
