[Adopted 11-10-2003 by Ord. No. 2438]
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009; 12-14-2020 by Ord. No.
3222]
The Township of Whitehall hereby adopts the
International Fire Code/2015 (hereinafter referred to as "code"),
with certain additions, amendments, deletions and insertions as hereinafter
set forth. Copies of the code and of this article are filed in the
office of the Mayor and the Department of Operations. The code and
this article shall collectively be considered and referred to as this
"code" both herein and in the code.
Subsection 101.1, Title, second line, the phrase
"The Township of Whitehall" shall be inserted for "(Name of Jurisdiction)."
[Amended 12-8-2008 by Ord. No. 2750; 5-13-2019 by Ord. No. 3151; 12-14-2020 by Ord. No. 3222]
A.Â
The following additions, amendments and deletions shall be made as
indicated:
(1)Â
Chapter 1, Administration, § 105.1 - General through § 105.6 - Required Operational Permits shall be adopted, and § 106, Inspections shall be adopted, and amended as follows:
106.1 Inspection authority. The Fire Code Official
or in his/her absence, the senior on-duty fire chief officer shall
order the following dangerous or hazardous conditions or materials
to be removed or remedied in accordance with this code:
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1. Dangerous conditions which are liable to cause or contribute
to the spread of fire in or on said premises, building or structure
or adjacent structures or to endanger the occupants thereof.
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2. Conditions which would interfere with the efficiency and
use of any fire protection equipment.
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3. Obstructions to or on fire escapes, stairs, passageways,
doors or windows which are liable to interfere with the egress of
occupants or the operation of the Fire Department in case of fire.
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4. Accumulations of dust or waste material in air conditioning
or ventilating systems or grease in kitchen or other exhaust ducts.
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5. Accumulations of grease on kitchen cooking equipment, or
oil, grease or dirt upon, under or around any mechanical equipment.
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6. Accumulations of rubbish, waste, paper, boxes, shavings,
or other combustible materials, or excessive storage of any combustible
material.
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7. Hazardous conditions arising from defective or improperly
used or installed electrical wiring, equipment or appliances.
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8. Hazardous conditions arising from defective or improperly
used or installed equipment for handling or using combustible, explosive
or otherwise hazardous materials.
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9. Dangerous or unlawful amounts of combustible, explosive or
otherwise hazardous materials.
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10. All equipment, materials, processes or operations which
are in violation of the provisions and intent of this code.
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11. When, in the Fire Code Official's opinion, there is actual
and potential danger to the occupants or those in the proximity of
any structure or premises because of, but not limited to, unsafe structural
conditions, or inadequacy of any means of egress, the presence of
explosives, explosive fumes or vapors, or the presence of toxic fumes,
gases or materials, the Fire Code Official may order the immediate
evacuation of the structure or premises. The Fire Code Official is
authorized to post structures and premises ordered evacuated with
a placard prohibiting entry or occupancy. The Fire Code Official shall
remove the placard when the unsafe condition or conditions are remedied
or have been eliminated.
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(2)Â
Section 109.4, Violation penalties, shall be amended
by deleting the words "amount" and "amount" and the brackets surrounding
said words and by substituting in place thereof "$500.00" and "$1,000.00"
respectively in such place; and inserting "30" for "number of days."
(3)Â
Section 111, Stop-work order, Subsection 111.4, Failure
to comply, is amended by deleting the words "amount" and "amount"
and the brackets surrounding said words and by substituting in place
thereof "$500.00" and "$1,000.00" respectively in such place.
(4)Â
Section 113, Fees, shall be amended as follows:
(a)Â
Section 113.2 shall be amended to read:
113.2 Schedule of permit and inspection fees. Permit
fees assessable by Whitehall Township for the administration and enforcement
of this Code shall be established by the governing body by resolution
from time to time. The building owner, business operator, tenant,
or contractor shall be responsible for all fees. Fees assessable by
Whitehall Township for the administration and enforcement undertaken
pursuant to this article shall be as established by the Board of Commissioners
in Appendix M of the Code of the Township of Whitehall, as amended
by resolution from time to time.[1]
(b)Â
The following new subsections shall be added:
113.6 Notice of activity. A notice of activity
shall be filed with the Whitehall Township Bureau of Fire for any
of the following conditions, activities or operations:
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1. The manufacture, possession, storage, sale, or other disposal
of explosives or blasting agents.
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2. The transportation of explosives or blasting agents in or
through the Township.
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3. The use of explosives or blasting agents in the Township.
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4. The operation of a terminal for handling explosives or blasting
agents.
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5. The delivery to or receipt of explosives or blasting agents
from a carrier at its terminal between the hours of sunset and sunrise.
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6. The transportation of blasting caps or electric blasting
caps on the same vehicle with explosives.
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113.7 Filing of notice of activity. The
notice of activity together with adequate documentation of insurance
coverage, at a minimum of $50,000, shall be filed with the Whitehall
Township Bureau of Fire prior to the commencement, undertaking or
establishment of any condition or operation listed. The notice of
activity shall be filed by the individual, person, corporation, firm
or entity which shall be engaged in, practice, or establish the condition,
activity or operations set forth in this subsection. In addition,
any person, firm, corporation, or entity practicing or engaged in
the manufacture, display, sale or discharge of fireworks shall file
a notice of activity with the Fire Code Official prior to the commencement
or establishment of such manufacture, sale, or discharge. The notice
of activity shall be made in writing on a form as prescribed by the
Whitehall Township Bureau of Fire.
(5)Â
Section 107.10 Certificates of fitness. Add Section 107.10, Certificates
of fitness as follows:
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107.10. Certificates of fitness.
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1. Certificate of fitness. No person shall engage in the following
activities without a certificate of fitness issued by the Fire Code
Official. A certificate of fitness shall be obtained by all applicants/vendors
[companies or person(s)] for the purposes of conducting any operation
or performing an act for which a certificate of fitness is required
as set forth below.
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2. Application. The applicant shall meet the standards and regulations
established by the Fire Marshal, including possession of a certificate
of insurance covering the work requested, workers' compensation for
employees as required by federal, state or local mandated regulations,
laws, and statutes. Additionally, an exhibition of appropriate levels
of education, training, certification, and experience shall be submitted
to the Fire Code Official for review and certificate of fitness issuance
prior to any work commencing. The applicant and all employees engaging
in the specified work shall have a strong familiarity and understanding
of fire protection systems/fire code application for which a certificate
of fitness is requested. An application on a form prescribed by the
Fire Marshal and a fee as established by resolution of Whitehall Township
Board of Commissioners per system, shall be submitted to the Department
of Fire and Rescue Services - Fire Code Official's office for review
and approval for each system described herein for which an applicant
seeks to obtain a certificate of fitness.
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3. Issuance. Upon approval, a certificate of fitness shall be
issued and the applicant placed on a list of approved vendors within
the Whitehall Township authorizing them to perform the type of work
categorized per the approved certificate of fitness. Certificates
of fitness shall be valid for one year, January 1 through December
31 of each calendar year. Certificate holders must reapply each calendar
year, and provide the fee as established by the Board of Commissioners
of Whitehall Township per system for which they seek approval and
listing. Performance of work on a system described below in the Whitehall
Township without a certificate of fitness shall cause the violator
to be precluded from applying for a certificate of fitness for a period
of one calendar year, and subject the violator to fines, double fee
costs, citations, and additional costs as provided for herein.
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4. Certificate categories.
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CF-101 Automatic fire alarms installation/service/inspection
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CF-102 Sprinkler/standpipe installation/service/inspection
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CF-103 Hood and duct systems installation/service/inspection
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CF-104 Wet, dry, clean agent suppression systems installation/service/inspection
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CF-105 Central stations Retransmission, record keeping/reporting/runner's
service
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CF-106 Fire Extinguishers to the extent not regulated under
the PA Uniform Construction Code installation/service/inspection
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CF-107 Fireworks/pyrotechnics Displays/demonstrations
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CF-108 Blasting or demolition operations
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CF-109 Other
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5. Additional categories. The Fire Code Official may require
a certificate of fitness for certain processes which pose an unusual
risk to the public safety or in cases or as part of the code modification
process.
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6. Fees. Fees for certificates of fitness shall be in accordance with the fee schedule as adopted by the Board of Commissioners of Whitehall Township in Appendix M of the Code of the Township of Whitehall, (Chapter A29), as amended by resolution from time to time. The initial annual fee for a certificate of fitness shall be $50.
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(6)Â
Chapter 3, General Requirements, shall be adopted, and amended as follows:
(a)Â
Section 301.2, Permits, shall be amended by adding the following
sentence at the end of Section 301.2: No person shall ignite, cause
to be ignited, and permit to be ignited or maintain any open burning
without first securing a permit from the Fire Code Official.
(b)Â
Section 307.4, Location, shall be amended to add the following
subsections:
307.4.4 Open-flame cooking devices. Charcoal burners
and other open-flame cooking devices shall not be operated or stored
on combustible balconies or within 10 feet (3,048 mm) of combustible
construction.
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Exceptions:
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1. One- and two-family dwellings.
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2. Where buildings, balconies and decks are protected by an
automatic sprinkler system.
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3. LP-gas cooking devices having an LP-gas container with a
water capacity not greater than 2.5 pounds [nominal one pound (0.454
kg) LP-gas capacity].
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307.4.5 Outdoor wood-fired boiler appliance. An accessory structure, designed and intended, through the burning
of wood, for the purpose of heating the principal structure or any
other site, building, or structure on the premises. Also known as
an "outdoor wood-fired furnace."
Prohibition. No person shall install an outdoor
wood-fired boiler in Whitehall Township until federal or state regulations
pertaining to the manufacturing and installation of wood-fired boilers
are adopted by the State of Pennsylvania as part of the Uniform Construction
Code, and subsequently by Whitehall Township.
(7)Â
Chapter 4, Emergency Planning and Preparedness and Chapter 5, Fire Service Features, shall be adopted with the exception of Section 510, Emergency Responder Radio Coverage. Section 506.1, Where required, shall be amended by adding the following sentence at the end of Section 506.1: The owner or agent of all new and existing buildings in which fire protection systems are present which were or are required by Whitehall Township or Pennsylvania law, ordinance, or order, shall provide access Knox-Box® key boxes,
Knox-Box® key switches, Knox-Box® pad locks, or other secured boxes as specified
by the Fire Code Official, to be installed in a location(s) approved
by the Fire Code Official. All such Knox-Boxes®, and related Knox-Box® accessories, or similar products, shall be in conformity with Chapter 7, Part 2, Article III, §§ 7-19 through 7-23 of the Whitehall Township Ordinances.
(8)Â
Chapter 6, Building Services and Systems, shall be adopted with the exception of the following sections: 604.2.9, High-rise buildings through 604.2.16, Underground buildings; 604.3, Critical circuits; 608.9, Smoke detection.
(10)Â
Chapter 9, Fire Protection Systems. The following sections shall be adopted: 903.6, Where required in existing buildings and structures; 905.11, Existing buildings; and 907.3, Fire safety functions.
(11)Â
Chapter 10, Means of Egress, is adopted, with the exception of Section 1030, Emergency escape and rescue. In addition, the following section shall be added:
Section 1032, Overcrowding. Overcrowding, admittance
of any person beyond the approved occupant load established by the
Whitehall Township Building Code or other building code or Whitehall
ordinance under which the building was constructed, or obstructing
aisles, passageways or any part of the means of egress shall not be
allowed. The Fire Code Official, upon finding any condition that constitutes
a life safety hazard, shall be authorized to cause the event to be
stopped until such condition or obstruction is corrected.
(13)Â
Chapter 20, Aviation Facilities, is adopted with the exception of the following sections: 2005, Portable Fire Extinguishers, to the extent not regulated under the Pennsylvania Uniform Construction Code; and 2007, Helistops and Heliports.
(14)Â
Chapter 21, Dry Cleaning, is adopted with the exception of Section 2108.4, Portable Fire Extinguishers, to the extent not regulated under the Pennsylvania Uniform Construction Code.
(15)Â
Chapter 23, Motor Fuel Dispensing Facilities and Repair Garages, is adopted to the extent same is not preempted by Pennsylvania and federal law.
(17)Â
Chapter 28, Lumber Yards, is adopted with the exception of Section
2804, Fire Protection.
(18)Â
Chapter 30, Industrial Ovens, is adopted with the exception of Section
3006.3, Fire Extinguishers, to the extent not regulated under the
Pennsylvania Uniform Construction Code.
(19)Â
Chapter 31, Tents and Other Membrane Structures, is adopted to the
extent that it does not conflict with the provisions of the Uniform
Construction Code, and all advisories issued for same pertaining to
permanent structures as defined therein.
(20)Â
Chapter 34, Tire Rebuilding and Storage, is adopted with the exception
of Section 3408.2, Fire Extinguishers, to the extent not regulated
under the Pennsylvania Uniform Construction Code.
(21)Â
Chapter 35, Welding and Hot Work, is adopted with the exception of
Section 3504.2.6, Fire Extinguishers, to the extent not regulated
under the Pennsylvania Uniform Construction Code.
(22)Â
Chapter 36, Marinas, is adopted with the exception of Section 3604.4,
Fire Extinguishers, to the extent not regulated under the Pennsylvania
Uniform Construction Code.
(23)Â
Chapter 51, Aerosols, is adopted with the exception of Sections 5101,
General, through 5106, Retail Display, as they apply to Levels 2 and
3 aerosol products.
(24)Â
Chapter 56, Explosives and Fireworks, is adopted to the extent same
is not preempted by Pennsylvania and federal law.
(25)Â
Chapter 57, Flammable and Combustible Liquids, is adopted to the
extent same is not preempted by Pennsylvania and federal law.
(26)Â
Chapter 61, Liquefied and Petroleum Gases, is adopted to the extent
same is not preempted by Pennsylvania and federal law.
(27)Â
Chapter 65, Pyroxylin (Cellulose Nitrate) Plastics, is adopted with
the exception of Section 6504.2, Fire Extinguishers, to the extent
not regulated under the Pennsylvania Uniform Construction Code.
(28)Â
Chapter 80, Referenced Standards, is adopted.
(29)Â
The following Appendices are adopted:
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Appendix A, Board of Appeals; However this Appendix is revised
entirely to read: Any appeal from any decision of the Fire Code Official
shall be heard by the Whitehall Township Building Code Board of Appeals
pursuant to and consistent with the practice and procedures established
for or by such Board. The application for appeal shall be filed on
a form obtained from the Department of Operations within 20 days after
the Code Official's decision or within 20 days after the notice was
served.
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Appendix B, Fire-Flow Requirements for Buildings
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Appendix C, Fire Hydrant Locations and Distribution
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Appendix D, Fire Apparatus Access Roads
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Appendix E, Hazard Categories
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Appendix F, Hazard Rankings
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Appendix G, Cryogenic Fluids
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Appendix H, Hazardous Materials Management Plan
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Appendix I, Fire Protection Systems — Noncompliant Conditions
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Appendix J, Building Information Sign
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Appendix K, Construction Requirements for Existing Ambulatory
Care Facilities
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Appendix L, Requirements for Fire Fighter Air Replenishment
Systems
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Appendix M, High-Rise Buildings — Retroactive Sprinkler
Requirement
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The provisions of this article and of the code
hereby adopted, insofar as they are the same as those 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. Any code or ordinance or part of any code or ordinance
in conflict with this code and this article is hereby repealed. The
provisions of this article and of the code hereby adopted shall not
be construed to affect any suit or proceeding pending 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; nor shall any just or legal right or remedy of any character
be lost, impaired or affected by this code or this article.
