[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.
The following additions, amendments and deletions shall be made as indicated:
(1)
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:
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)
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)
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)
Section 113, Fees, shall be amended as follows:
(a)
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.
(b)
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:
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)
Section 107.10 Certificates of fitness. Add Section 107.10, Certificates of fitness as follows:
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)
Chapter
3, General Requirements, shall be adopted, and amended as follows:
(a)
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)
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.
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)
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)
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.
(9)
Chapter
7, Fire and Smoke Protection Features and Chapter
8, Interior Finish, Decorative Materials and Furnishings shall be adopted.
(10)
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)
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.
(12)
Chapter
11, Construction Requirements for Existing Buildings, is adopted.
(13)
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)
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)
Chapter
23, Motor Fuel Dispensing Facilities and Repair Garages, is adopted to the extent same is not preempted by Pennsylvania and federal law.
(16)
Chapter
25, Fruit and Crop Ripening, and Chapter
26, Fumigation and Insecticidal Fogging, are adopted to the extent same are not preempted by Pennsylvania and federal law.
(17)
Chapter 28, Lumber Yards, is adopted with the exception of Section 2804, Fire Protection.
(18)
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)
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)
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)
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)
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)
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)
Chapter 56, Explosives and Fireworks, is adopted to the extent same is not preempted by Pennsylvania and federal law.
(25)
Chapter 57, Flammable and Combustible Liquids, is adopted to the extent same is not preempted by Pennsylvania and federal law.
(26)
Chapter 61, Liquefied and Petroleum Gases, is adopted to the extent same is not preempted by Pennsylvania and federal law.
(27)
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)
Chapter 80, Referenced Standards, is adopted.
(29)
The following Appendices are adopted:
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.