[Adopted 9-10-1974 (Ch. 56, Art. I, of the 1974 Code)]
[Amended 9-23-1985]
There is hereby adopted by the Mayor and Council of the Borough of Westville, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the "Building Officials and Code Administrator's International, Inc. Basic/National Fire Prevention Code/1984," including all subsequent revisions and amendments thereto, except such portions as are hereinafter deleted, modified or amended by § 175-10 of this article, of which code not less than three copies have been and now are filed in the office of the Clerk of the Borough, and the same are hereby adopted and incorporated as fully as if set out at length herein, and, from the date on which this article shall take effect, the provisions thereof shall be controlling within the limits of the Borough of Westville.
[Amended 7-11-1989]
A.
The Fire Prevention Code shall be enforced by the Bureau of Fire
Prevention.
B.
The Fire District of the Borough of Westville shall employ a Fire
Official and such other technical inspectors as shall from time to
time be necessary.
C.
A report from the Fire Official shall be made annually and transmitted
to the Fire District and Chief Executive Officer of the municipality
relating to the enforcement of the Fire Prevention Code. It shall
contain all proceedings under this code with such statistics as the
Fire District may wish to include therein. The report shall also recommend
any amendments to the code which, in the judgment of the Fire Official
and Fire Districts, shall be desirable.
[Amended 7-11-1989]
As used in this article and in the code adopted thereby, the
following terms shall have the meanings indicated:
The Attorney for the Fire District of the Borough of Westville.
The Fire District of the Borough of Westville.
The Borough of Westville.
The limits referred to in Section 12.5b of the Fire Prevention
Code, in which storage of explosives and blasting agents is prohibited,
are hereby established as follows: the entire Borough.
A.
The limits referred to in Section 16.22a of the Fire Prevention Code, in which storage of flammable liquids in outside aboveground tanks is prohibited, are hereby established as follows: the entire Borough except for those areas designated as being in the industrial district as described in Chapter 205, Land Use and Development.
B.
The limits referred to in Section 16.61 of the Fire Prevention Code,
in which new bulk plants for flammable or combustible liquids are
prohibited, are hereby established as follows: the entire Borough.
The limits referred to in Section 21.6a of the Fire Prevention
Code, in which bulk storage of liquefied petroleum gas is restricted,
are hereby established as follows: the entire Borough.
The routes referred to in Section 12.7m of the Fire Prevention
Code, for vehicles transporting explosives and blasting agents, are
hereby established as follows: those streets and highways only which
are designated as being part of the state highway system.
The routes referred to in Section 20.14 of the Fire Prevention
Code, for vehicles transporting hazardous chemicals and other dangerous
articles, are hereby established as follows: those streets and highways
only which are designated as being part of the state highway system.
The fire lanes referred to in Section 28.16 of the Fire Prevention
Code are hereby established as follows: none.
[1]
Editor's Note: Former § 56-10, Amendments to
code, was repealed 9-23-1985.
The Chief of the Bureau of Fire Prevention shall have power
to modify any of the provisions of the Fire Prevention Code upon application
in writing by the owner or lessee or his duly authorized agent when
there are practical difficulties in the way of carrying out the strict
letter of the code, 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 Chief of the Bureau of Fire Prevention thereon shall be entered
upon the records of the Department and a signed copy shall be furnished
the applicant.
[Amended 7-11-1989]
Whenever the Chief of the Bureau of Fire Prevention shall disapprove
an application or refuse to grant a permit applied for, or when it
is claimed that the provisions of the code do not apply or that the
true intent and meaning of the Code have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Chief
of the Bureau of Fire Prevention to the Fire Commissioners of the
Fire District within 30 days from the date of the decision appealed.
[Amended 7-11-1989]
The Fire Commissioners of the Fire District shall determine
and specify, after giving affected persons an opportunity to be heard,
any new materials, processes or occupancies which shall require permits
in addition to those now enumerated in said code. The Chief of the
Bureau of Fire Prevention shall post such list in a conspicuous place
in his office and distribute copies thereof to interested persons.
A.
Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Chief of the Bureau of Fire Prevention or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance, respectively, upon conviction thereof, be punishable as set forth in Chapter 1, Article I, § 1-15, General penalty. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.[1]
B.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
