[Adopted 11-13-1995 by Ord. No. 95-16]
This article shall be known as "the Uwchlan
Township Fire Prevention Code."
A certain document, three copies of which are on file in the office of the Zoning Officer of the Township of Uwchlan, being marked and designated as "The BOCA National Fire Prevention Code, Ninth Edition, 1993," as published by The Building Officials and Code Administrators International, Inc., is hereby adopted as the Fire Prevention Code of the Township of Uwchlan, Chester County, in the State of Pennsylvania, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said BOCA National Fire Prevention Code 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 § 106-25 of this article.
Ordinance No. 90-15 of the Township of Uwchlan,
entitled "Uwchlan Township Fire Prevention Code," and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
[Amended 11-11-1996 by Ord. No. 96-16; 3-24-1997 by Ord. No.
97-05]
That the following sections are hereby revised
as follows:
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The Uwchlan Township Fire Prevention Code is
hereby amended by deleting Section F-108.1 and inserting the following:
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F-108.1. Inspection: The Code Official shall
annually inspect all structures and premises (except single-family
dwellings and dwelling units in two-family and multiple-family dwellings),
for the purposes of protecting the health, safety and welfare of the
citizens of Uwchlan Township and the general public, and for the purposes
of ascertaining and causing to be corrected any conditions liable
to cause fire, contribute to the spread of fire, interfere with fire-fighting
operations, endanger life or any violations of the provisions or intent
of this code or any other ordinance affecting fire safety.
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The Fire Protection Code shall be amended by
inserting a new Section F-108.5 as follows:
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F-108.5. Inspection Fees: The owner, tenant
and/or operator of the premises or structure subject to the inspection
required by Section F-108.1 shall be responsible for the payment of
an inspection fee as set from time to time by resolution of the Board
of Supervisors.[1]
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Upon completion of the annual-inspection, the
Township shall invoice the owner, tenant and/or operator of the structure
or premises for the amount of the fee as set forth above. In the event
the fee is not paid, the amount will be collected as a municipal claim
in the manner authorized by law.
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Section F-112.3, concerning violation penalties,
is deleted in its entirety and in place thereof it is hereby substituted
with the following:
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F-112.3. Penalty for violations. Any person
who violates or permits the violation of any provision of this code
or fails to comply with any order issued pursuant to any section thereof,
in addition to any other remedy available under law or equity, shall
be subject to a criminal fine in an amount not to exceed $1,000, plus
the costs of prosecution, including reasonable attorneys' fees, for
each violation. In default of payment thereof, the defendant may be
sentenced to imprisonment for a term not exceeding 90 days. Each twenty-four-hour
period during which failure to comply continues shall constitute a
separate offense. Enforcement of this ordinance shall be by action
brought before a Magisterial District Judge in the same manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure. The Township's Solicitor may assume charge
of the prosecution without the consent of the District Attorney.[2]
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Section F-301.1, "Scope," is hereby deleted
and the following is inserted:
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F-301.1. Scope. The provisions of this article
are to provide a reasonable degree of safety to persons occupying
existing buildings that do not conform with the minimum requirements
of the Building Code listed in Appendix A by requiring the following
alterations to such existing buildings (a) when a use and occupancy
permit is sought or required pursuant to the Uwchlan Township Zoning
Ordinance or Ordinance No. 95-13 of Uwchlan Township; or (b) when
any permit is sought or required for an addition or alteration to
the existing building pursuant to Ordinance No. 95-13.
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The limits referred to in Section F-3003.2 of
the BOCA National Fire Prevention Code/1993 in which the storage of
explosive materials is prohibited are hereby established as follows:
"within the jurisdictional boundaries of Uwchlan Township."
Ordinance No. 90-15, dated November 12, 1990,
of Uwchlan Township is hereby repealed.
Nothing in this article or in the Fire Prevention
Code hereby adopted shall be construed to affect any suit or proceeding
impending in any court, or any rights acquired, or liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed as cited in Section 3 of this article;
nor shall any just or legal right or remedy of any character be lost,
impaired or affected by this article.
