[Adopted 8-12-2003 by Ord. No. 03-17; amended in its entirety 7-13-2004 by Ord. No.
04-06 (Ch. 5, Part 3, of the 1992 Code)]
[Amended 2-19-2019 by Ord. No. 19-01; 2-7-2022 by Ord. No. 22-01]
A.
The International Fire Code®, 2018
edition, including Appendix Chapters A, B, C, D, E, F, G, H, and I
(see International Fire Code Section 101.2.1, 2018 edition), as published
by the International Code Council, be and is hereby adopted as the
Fire Code of Middletown Township, in the State of Pennsylvania, 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 issuance of permits and collection 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 Middletown
Township are hereby referred to, adopted, and made a part hereof,
as if fully set out in this chapter, with the additions, insertions,
deletions and changes, if any, prescribed herein.
B.
Three copies of the aforesaid International Fire Code® shall be available for public inspection and
use during normal business hours in the office of the Secretary of
Middletown Township."
[Amended 2-19-2019 by Ord. No. 19-01; 2-7-2022 by Ord. No. 22-01]
A.
The following sections of the 2018 International Fire Code® are hereby revised as follows:
(1)
The term "fire code official" within the 2018 International
Fire Code® shall be revised throughout
to be referred to as the "Fire Marshal."
(2)
Amend Section 101.1, Title, by inserting "Middletown Township,
Bucks County, Pennsylvania," as the name of jurisdiction.
(3)
Amend Section 103.1, General. Delete the entire section, and
insert in its place the following language:
103.1 General. The department of Fire and Emergency
Management is established within the jurisdiction under the direction
of the Fire Marshal. The function of the department shall be fire
suppression and emergency management, and implementation, administration
and enforcement of the provisions of this code. The department director
will be herein referred to as the Fire Marshal.
(4)
Amend Section 103.3, Deputies. Delete the entire section, and
insert in its place the following language:
103.3 Deputies. In accordance with the prescribed
procedures of this jurisdiction and with the concurrence of the appointing
authority, the Fire Marshal shall have the authority to appoint all
department certified fire inspectors, other related technical officers,
inspectors and other employees.
(5)
Amend Section 109.1, Board of Appeals, to "Technical Code Review
Board of Appeals."
(8)
Add Section 109.4, Application for Appeal, as follows:
109.4 Application for appeal. Any person aggrieved
by the issuance, transfer, refusal, suspension, revocation or cancellation
of any permit or registration or by any notice, order or action of
the Fire Marshal may appeal to the Technical Code Review Board of
Appeals within 30 days after being given notice of the decision, action
or order of the Fire Official. The appeal shall be taken by filing
with the Director of Building & Zoning, in triplicate, a letter
addressed to the Board, describing the action appealed from and stating
the reason why the applicant considers the Fire Official's action
improper. Within 30 days after filing of the appeal, the Technical
Code Review Board shall hold a hearing on the appeal.
(9)
Amend Section 110.4, Violation penalties. Delete the entire
section, and insert in its place the following language:
110.4 Violation penalties. Persons who shall violate
a provision of this code or shall fail to comply with any of the requirements
thereof or who shall erect, install, alter, repair or do work in violation
of the approved construction documents or directive of the fire code
official, or of a permit or certificate used under provisions of this
code, shall be guilty of a summary offense, punishable by a fine of
not more than One Thousand Dollars ($1,000.00) or by imprisonment
not exceeding 30 days, or both such fine and imprisonment. Each day
that a violation continues after due notice has been served shall
be deemed a separate offense. In addition to the above penalties,
any person who shall violate the provisions of this Code, or fail
to comply therewith, or with any of the requirements thereof, shall
be subject, in the addition to the penalties imposed above, to the
monetary penalties for all court costs, legal costs, attorneys'
fees and other miscellaneous costs incurred by Middletown Township
during successful prosecution of that person by Middletown Township.
(10)
Amend Section 307.1.1, Prohibited Open Burning. Delete the entire
section, and insert in its place the following language:
307.1.1 Prohibited Open Burning. Open burning that
is offensive or objectionable because of smoke or
odor emissions or when atmospheric conditions or local circumstances
make such fires hazardous shall be prohibited.
(11)
Amend Section 401.3.2, Alarm Activations. Add Subsection 401.3.2.1,
Resetting of fire alarm systems, as follows:
401.3.2.1 Resetting of fire alarm systems. Where
a building's fire alarm system activates for other than testing
or maintenance, owners or occupants shall not reset the activated
system. The fire department upon arrival will verify the location
of the activated device(s) and reset the fire alarm system. A fire
alarm system reset prior to the fire department's arrival shall constitute
a false alarm.
(12)
Amend Section 507.5.1.1, Hydrant for Standpipe Systems. Delete
the entire section, and insert in its place the following language:
507.5.1.1 Hydrant for Sprinkler and Standpipe Systems. Buildings equipped with a sprinkler and/or standpipe system installed
in accordance with sections 903 and 905 shall have a fire hydrant
within 100 feet (30,480 mm) of the fire department connection. Exception:
The distance shall be permitted to exceed 100 feet (30,480 mm) where
approved by the Fire Marshal.
(13)
Add Section 907.11, False Fire/Detector Alarms, as follows:
907.11 False Fire/Detector Alarms. A false alarm
is an event that triggers an alarm system when no actual emergency
is present.
False alarms include, but are not limited to:
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Error or mistake - Any action by any person, which
results in the activation of any alarm system when no emergency exists.
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Malfunction - Any activation of any alarm system
caused by a flaw in the normal operation, design, installation, or
maintenance of the system, by faulty equipment, or by a change in
the environment or premises upon, or within which, the alarm system
is operating.
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Intentional misuse - Any activation of an alarm
system when one knows there is no emergency present.
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All False alarms are subject to the fines established in the
most recent township fee schedule.
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(14)
Add Section 5607.16, Certificate of Insurance required for blasting,
as follows:
5607.16 Certificate of Insurance required for blasting. Before a permit to conduct blasting is issued, as required under
section 105.5.16, the applicant for such permit shall file an insurance
certificate for not less than Five Million Dollars ($5,000,000.00)
to the Township for the blasting, with the Township as an additional
insured with a specific reference to the blasting activities.
(15)
Add Section 5607.17, Blasting Procedures,
as follows:
5607.17 Blasting Procedures. The following procedures
are to be followed prior to the blasting operations:
1.
Blasting operations must be conducted between 08:00 and 16:00 hours,
Monday through Friday "ONLY".
2.
Prior to the commencement of blasting operations, the Fire Marshal's
Office must be notified.
3.
All blasters must verify with the code official his/her blaster's
license issued by the ATF.
4.
No smoking is permitted within 100 feet of the blasting site.
5.
No open flame devices are permitted within 100 feet of the blasting
area.
6.
A distance of 150 feet shall be maintained between the magazines
and the blasting area.
7.
Before a shot is fired, the blasters must assure all people, vehicles,
equipment and surplus of explosives are at a safe distance from the
blast site.
8.
A loud audible warning signal shall be sounded prior to the commencement
of the shots being fired, and at the conclusion of the blast shot.
9.
All blasting operations require ground vibration monitoring at the
site or nearest building.
(16)
Add Section 5607.18, Blasting Plan
Required, as follows:
5607.18 Blasting Plan Required. Before a blasting
permit is issued the applicant must submit a plan for the blasting
activities. Such a plan shall be drawn to scale (the scale must be
shown on the plan) and shall include, but not be limited to, the following
information:
1.
A plan of the blast-affected area showing all existing natural topographic
features and significant subterranean features, including, but not
limited to, ground slope, water courses, ponds, lakes and dams, existing
vegetative types (i.e., trees, brush etc.); existing and/or proposed
utilities and/or easements; buildings and structures, roadway(s),
subdivisions and/or property lines, private and public water supply
systems, etc.
2.
A plan showing the location and direction of the proposed shot line,
the bottom elevation of the blast shot, the depth or bottom elevation
of the bedrock along with the entire proposed shot line, the distance
and/or proximity of the nearest residences to the line of blast.
3.
A summary of shot details, including, but not limited to, the following
information: blasting agent, general schedule of blasting activities
including the number of blasts, blast per day, and anticipated time
of commencement and completion of blasting activities, number of holes
per shot.
4.
Any further information as determined by the Fire Marshal, which
may be required to be reviewed or submitted to evaluate the potential
threat to public health, safety and welfare.
(17)
Add Section 5607.19, Notification, as follows:
5607.19 Notification: Prior to the issuance of
a blasting permit, the applicant shall notify all property owners
within five hundred feet (500') of the blast-affected area; this
notification shall be done five (5) working days prior to the blasting
activities by certified mail, returned receipt requested. Issuance
of the blasting permit may be withheld by the Fire Code Official if
an applicant fails to provide evidence of compliance with this code.
(18)
Amend Section 5607.8, Blasting Area Security, by inserting the
following paragraph:
All roadways within three hundred and fifty feet (350')
shall be posted with warning signs; the signs shall be posted in both
directions of traffic and contain the following information:
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WARNING - BLASTING AREA
"NO MOBILE RADIO TRANSMITTING DEVICES
ARE TO BE USED IN THIS AREA"
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The sign shall display in bold 6" letters in height
and of contrasting color.
[Amended 9-22-2014 by Ord. No. 14-05; 2-19-2019 by Ord. No. 19-01]
A.
There is hereby adopted by the Township of Middletown the fire control
measures and regulations as set forth hereinbelow for the purpose
of controlling conditions which could impede or interfere with the
fire-suppression forces:
(1)
Compliance with orders. A person shall not willfully fail or
refuse to comply with any lawful order or direction of the Fire Official
or to interfere with the compliance attempts of another individual.
(2)
Vehicles crossing fire hose. A vehicle shall not be driven or
propelled over any unprotected fire hose of the Fire Department when
laid down on any street, alley, way, private drive or any other vehicular
roadway without the consent of the Fire Official in command of said
operation.
(3)
Definition of authorized emergency vehicle. "Authorized emergency
vehicles" shall be restricted to those which are defined and authorized
under the laws of the Commonwealth of Pennsylvania.
(4)
Operation of vehicles on approach of authorized emergency vehicle.
Upon the approach of any authorized emergency vehicle, giving audible
and visual signal, the operator of every vehicle shall immediately
drive the same to a position as near as possible and parallel to the
right-hand edge or curb of the street or roadway, clear of any intersection,
and shall stop and remain in that position until the authorized emergency
vehicle or vehicles shall have passed, unless otherwise directed by
the Fire Official or police officer.
(5)
Vehicles following fire apparatus. It shall be unlawful for
the operator of any vehicle, other than an emergency vehicle, to follow
closer than 500 feet to any fire apparatus traveling in response to
an emergency call or to drive any vehicle within the block or immediate
area where fire apparatus has stopped in answer to an emergency call.
(6)
Unlawful boarding or tampering with Fire Department equipment.
A person shall not without proper authorization from the Fire Official
in charge of said Fire Department emergency cling to, attach himself
to, climb upon or into, board or swing upon any Fire Department emergency
vehicle, whether the same is in motion or at rest, or sound the siren,
horn, bell or other sound-producing device thereon, or manipulate
or tamper with, or attempt to manipulate or tamper with, any levers,
valves, switches, starting devices, brakes, pumps or any equipment
or protective clothing on or a part of any Fire Department emergency
vehicle.
(7)
Damage, injury: Fire Department equipment, personnel. It shall
be unlawful for any person to damage or deface or attempt or conspire
to damage or deface any Fire Department emergency vehicle at any time
or to injure or attempt to injure or conspire to injure Fire Department
personnel while performing their duties.
(8)
Blocking fire hydrants and Fire Department connections.
(a)
It shall be unlawful to obscure from view, damage, deface, obstruct
or restrict the access to any fire hydrant or any Fire Department
connection for the pressurization of any 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)
If upon expiration of the time mentioned in a notice of violation
obstructions or encroachments are not removed, the Municipal Fire
Official or designee may cite or shall proceed to remove same. Any
cost incurred in the performance of necessary work shall be paid from
the municipal treasury on certification of the Fire Official and with
the approval of the Manager, and the legal authority of the municipality
shall institute action for the recovery of such costs.
(9)
Hydrant use approval. A person shall not use or operate any
fire hydrant intended for use of the Fire Department for Township-approved
purposes unless such person first secures a permit for such use from
the Municipal Fire Official or the water company having jurisdiction.
This subsection shall 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.
(10)
Public water supply. The Fire Official shall recommend to the
Township 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. A fire hydrant shall not be placed
into or removed from service until approved by the Municipal Fire
Official.
(11)
Yard systems. All new and existing shipyards, oil storage plants,
lumberyards, amusement or exhibition parks and educational or institutional
complexes and similar occupancies, and uses involving high fire or
life hazards and 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 be provided with property-placed
fire hydrants. Such fire hydrants shall be capable of supplying fire
flows as required by the Municipal Fire Official and shall be connected
to a water system in accordance with accepted engineering practices.
The Municipal Fire Official shall designate and approve the number
and location of fire hydrants. The Municipal Fire Official may require
the installation of sufficient fire hose and equipment, housed in
accordance with the approved rules, and may require the establishment
of a trained fire brigade when the hazard involved requires such measures.
Private hydrants shall not be placed into or removed from service
until approved by the Fire Official.
(12)
Maintenance of fire-suppression equipment. A person shall not
obstruct, remove, tamper with or otherwise disturb any fire hydrant
or fire appliance required to be installed or maintained under the
provisions of the Fire Prevention Code except for the purpose of extinguishing
a fire, for training or testing purposes, recharging or making necessary
repairs or when permitted to do so by the Fire Official. Whenever
a fire appliance is removed as herein permitted, 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 Official.
(13)
Sale of defective fire extinguishers. A person shall not sell,
trade, loan or give away any form, type or kind of fire extinguisher
which is not approved by the Municipal Fire Official, or which is
not in proper working order, or the contents of which do not meet
the requirements of the Code. The requirements of this subsection
shall not apply to the sale, trade or exchange of obsolete or damaged
equipment for junk when said units are permanently disfigured or marked
with a permanent sign identifying the unit as junk.
(14)
Street obstructions. A person or persons shall not erect, construct,
place or maintain bumps, fences, gates, chains, bars, pipes, wood
or metal horses or any other type of obstruction in or on any street
within the boundaries of the municipality. The word "street" as used
in this article shall mean roadway accessible to the public for vehicular
traffic, including, but not limited to, private streets or access
lanes as well as public streets and highways within the boundaries
of the Township.
(15)
Fire (heat and smoke) detection and suppression systems. Fire
(heat and smoke) detection and suppression systems are required in
accordance with the following schedule:
(a)
Less than 3,500 square feet. A simplified detection system in
accordance with NFPA 72 is required. This type of system must have
a minimum of two detectors interconnected to an audible and visual
alarm inside the property and a flashing or rotating blue light visible
from the street and in the vicinity of the front door outside the
property, with pull stations at the exit doors.
(b)
Three thousand five hundred one to 4,999 square feet. A supervised
hard-wired detection system in accordance with NFPA 72 is required
in all rooms and spaces except closets less than 24 square feet. The
detectors must be interconnected to an audible and visual alarm inside
the property and a flashing or rotating blue light visible from the
street and in the vicinity of the front door outside the property,
with pull stations at the exit doors.
(c)
Five thousand to 9,999 square feet. A supervised, monitored,
addressable hard-wired fire detection system in accordance with NFPA
72 is required in all rooms and spaces except closets less than 24
square feet. The detectors must be interconnected to an audible and
visual alarm inside the property and a flashing or rotating blue or
clear light visible from the street and in the vicinity of the front
door outside the property, with pull stations at the exit doors.
(d)
Ten thousand square feet and above. A monitored fire-suppression
system in accordance with NFPA 13, 13R and 13D is required. If this
is the sole type of fire detection within the building (no smoke or
heat detection system) an audible, visible notification appliance
and pull stations at the exit doors must be connected to the suppression
system and placed inside the property.
B.
All plans should be in accordance with the current year of the International
Codes, NFPA, and ANSI standards on accessibility. All fire alarm systems
shall be installed in accordance with NFPA 72 and International Fire
Code (IFC) most-current edition.
C.
At the completion of a job, a written certification letter is required
stating compliance with the applicable codes and standards; if the
system is a monitored system, provide who will be monitoring and servicing
the system; three after-hour emergency contacts for the property must
be provided and a copy of the NFPA 72 certification test(s).
D.
An annual system certification is required for all occupancies in
Middletown Township. All fire system and sprinkler systems require
a permit for Middletown Township.
[Amended 2-19-2019 by Ord. No. 19-01; 2-7-2022 by Ord. No. 22-01]
The Township will use National Fire Protection Association ("NFPA")
codes, standards and practices referenced in the Uniform Construction
Code (including the codes encompassed therein such as the 2018 International
Plumbing Code®), and the 2018 International
Fire Code® in the manner directed by
such codes.
A.
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements thereof are
the same as or in excess of the provisions of this article. This article
shall control in all cases where the state requirements are not as
strict as those contained herein.
B.
Whenever the provisions or requirements of this article are in conflict
with other provisions or requirements of the ordinances of the Township
of Middletown, the most restrictive or those imposing the higher standards
shall govern except as otherwise provided herein.
The provisions of this article, so far as they are the same
as those of ordinances and/or codes in force immediately prior to
the enactment of this article, are intended as a continuation of such
ordinances and codes and not as new enactments. The provisions of
this article shall not affect any act done or liability incurred,
nor shall they affect any suit or prosecution pending or to be instituted
to enforce any right or penalty or to punish any offense under authority
of any of the repealed ordinances.[1]
