[Ord. 2020, 5/8/2006; as amended by Ord. 2159, 12/12/2016]
A certain document, three copies of which are on file in the
office of the Licensing and Inspections Director of the Borough of
Pottstown, being marked and designated as the "International Fire
Code, 2009 Edition," including Appendices B, D, E, F, and I (see International
Fire Code, Section 101.2.1, 2009 Edition), as published by the International
Code Council, be and is hereby adopted as the Fire Code of the Borough
of Pottstown, 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 the Borough of Pottstown
are hereby referred to, adopted and made a part hereof as if fully
set out in this Part, with the additions, insertions, deletions and
changes, if any, prescribed in §§ 202 and 203 of this
Part.
[Ord. 2020, 5/8/2006]
2.
The International Fire Code is amended by replacing and changing
the following:
[Added Ord. No. 2177, 6/11/2018]
A.
Chapter 1, Section 104.3, Right of entry, is amended by inserting "The fire code official may inspect all structures and premises for the purpose of ascertaining and causing to be corrected any condition liable to cause a fire, contribute to the spread of fire, interfere with firefighting operations, endanger life, or any violations of the provisions or intent of this code." before the first sentence.
B.
Chapter 1, Section 106.1, Inspection authority: Delete and substitute the following:
Section 106.1 Inspection authority. The fire code
official shall attempt to conduct annual inspections and/or examination
of all premises covered by the provisions of this code to confirm
compliance with this code. The fire code official is authorized to
enter and examine any building, structure, marine vessel, vehicle
or premises in accordance with Section 104.3 for the purpose of enforcing
this code.
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Exception: One- and two-family dwellings.
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C.
Chapter 1, Section 110.2.1, Posting: Add new section as follows:
Section 110.2.1 Posting. The fire code official
is authorized to post structures and premises ordered evacuated in
accordance with Section 110.2 with a placard prohibiting entry or
occupancy.
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D.
Chapter 1, Section 110.2.2, Placard removal: Add new section as follows:
Section 110.2.2 Placard removal. The fire code
official shall remove the placard when the unsafe condition or conditions
are remedied or have been eliminated. Any person who conceals, covers,
hides, removes, defaces or causes to be removed a placard without
the approval of the fire code official shall be guilty of a summary
offense.
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E.
Chapter 1, Section 114, Certificate of fitness: Add new section as follows:
Section 114 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
purpose of conducting any operation or performing an act for which
a certificate of fitness is required as set forth below.
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F.
Chapter 1, Section 114.1, Application: Add new section as follows:
Section 114.1 Application. The applicant shall
meet the standards and regulations established by the fire code official,
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 issuance of the certificate of fitness prior to any work commencing.
The applicant and employees engaging in the specified work shall have
strong familiarity and understanding of fire protection systems/fire
code application for which the certificate of fitness is requested.
An application on a form prescribed by the fire code official and
fee as established by resolution of Borough Council of the Borough
of Pottstown shall be submitted to the Pottstown Fire Department Fire
Chief for review and approval for each system described herein for
which an applicant secks to obtain a certificate of fitness.
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G.
Chapter 1, Section 114.2 Issuance: Add new section as follows:
Section 114.2 Issuance. Upon approval, a certificate
of fitness shall be issued and the applicant placed on a list of approved
vendors with the Borough of Pottstown, Pennsylvania, 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 established by resolution
of Borough Council per system for which they seek approval and listing.
Performance of work on a system described below in the Borough of
Pottstown, Pennsylvania, 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 provided herein.
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H.
Chapter 1, Section 114.3 Certificate categories. Add new section as follows:
Section 114.3 Certificate categories.
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CF-101 Automatic fire alarms. Installations/Inspections/Service
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CF-102 Sprinkler/Standpipes. Installations/Inspections/Service
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CF-103 Hood and duct systems. Installations/Inspections/Service
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CF-104 Wet, dry, clean agent suppression systems. Installations/Inspections/Service
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CF-105 Fire extinguishers. Installations/Inspections/Service
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CF-106 Fireworks/pyrotechnics. Displays/Demonstrations
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CF-107 Central stations. Retransmission/Recordkeeping/Reporting/Runner
Service
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CF-108 Blasting or demolition operations
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CF-109 Other
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I.
Chapter 1, Section 114.4, Additional categories: Add new section as follows:
Section 114.4 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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J.
Chapter 5, Section 506.1, Where required: Insert the following sentence: "The owner or agent of all new and existing buildings in which fire protection systems are present which were or are required by Pennsylvania law or Borough of Pottstown ordinance shall provide a fire department key box or boxes to be installed in a location approved by the fire code official," after the first sentence.
K.
Chapter 9, Section 901.6.2, Records: Delete and substitute the following:
Section 901.6.2 Records. Records of all system
inspections, tests and maintenance required by the referenced standards
shall be maintained on the premises for a minimum of three years and
shall be copied to the fire code official, by the company performing
the inspection(s), through the approved third-party reporting system
vendor at the fee of agreed upon by the vendor and Council. The fee
is per inspection payable directly to the vendor.
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L.
Chapter 9, Section 903.4, Sprinkler system supervision and alarms: Add the following sentence: "All new fire protection systems (automatic and manual fire alarm systems or suppression systems) where required by the Pennsylvania State Law or Pottstown Borough ordinance shall be connected to an approved central station service system according to the referenced edition of NFPA relating to central station service. Any exceptions shall be approved by the fire code official." at the end.
M.
Chapter 9, Section 903.4.1, Signals: Remove and replace with the following:
Section 903.4.1 Signals. Alarm, supervisory and
trouble signals shall be distinctly different and shall be automatically
transmitted to an approved central station service system to the referenced
edition of NFPA relating to central station service. Any exceptions
shall be approved by the fire code official.
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N.
Chapter 9, Section 907.1.2, Fire alarm and shop drawings: Insert a new line as follows: "Wet stamped seal and signature from P.E. or minimum of current NICET Level III." after last line.
O.
Chapter 9, Section 907.2, Where required-new buildings and structures, is amended by deleting the words "Section 907.2.23" and substituting in place "Section 907.26." This section is further amended by adding an additional paragraph which reads as follows: "In all buildings provided with an approved automatic sprinkler system, there shall also be a complete automatic and manual fire alarm system and automatic detection system in all mechanical areas and all means of egress in addition the automatic detection systems required in Sections 907.2.1 through 907.2.25."
P.
Chapter 9, Section 907.2.1, Group A, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
Q.
Chapter 9, Section 907.2.2, Group B, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
R.
Chapter 9, Section 907.2.3, Group E, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
S.
Chapter 9, Section 907.2.4, Group F, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
T.
Chapter 9, Section 907.2.6, Group I, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
U.
Chapter 9, Section 907.2.7, Group M, is amended by adding the words "A complete and automatic and" to the beginning of the first sentence.
V.
Chapter 9, Section 907.2.24, Height and area: Insert the following section:
Section 907.2.24 Height and area. In all buildings
four or more stories in height or more than 30 feet (9,144 mm) in
height or more than 5,000 (464 m2) square
feet in area shall have a complete automatic fire alarm system installed
throughout the building in accordance with NFPA 72.
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W.
Chapter 9, Section 907.2.25, Hazardous areas: Insert the following section:
Section 907.2.25 Hazardous areas. Smoke detectors
shall be installed in the following hazardous areas in addition to
a fire suppression system: trash rooms, painting rooms, laundry collection
rooms, furnace room, boiler room, mechanical/electrical rooms, and
rooms of similar use as determined by the fire code official.
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X.
Chapter 9, Section 907.2.26, Sprinklered buildings: Insert the following section:
Section 907.2.26 Sprinklered buildings. In all
buildings provided with approved sprinkler systems, a complete automatic
fire alarm system shall be provided in all means of egress, mechanical
rooms, in addition to the automatic fire detection systems required
in Section 907.2.10.1 through and including Section 907.2.25.
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Y.
Chapter 9, Section 907.7, Monitoring: Delete and replace with the following:
Section 907.7 Monitoring. Fire alarm systems required
by this chapter or by Pennsylvania State Law or Pottstown Borough,
Pennsylvania, ordinance shall be monitored by a listed central station
as defined in NFPA 72. A certificate or placard shall be issued by
a recognized listing organization that has listed the prime contractor
for all newly installed fire alarm systems in commercial occupancies
in accordance with NFPA 72. This regulation shall apply to all fire
alarm systems that are newly installed in commercial occupancies in
which permits are required by Pennsylvania State Law or Borough of
Pottstown, Pennsylvania, ordinance. Any existing fire alarm system
in a commercial occupancy wherein the fire alarm control panel and/or
alarm system components are to be replaced shall be considered newly
installed for the purpose of this section. Also where there is reasonable
cause due to noncompliance or faulty conditions, the fire code official
may require an existing fire alarm system to meet the same requirements
as a newly installed system. Central station service in full compliance
with the referenced edition of NFPA 72 relating to central station
service shall be maintained at the protected property, so long as
the requirements for the fire alarm system exists.
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Exception:
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Monitoring by a listed central station is not required for:
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Single-and remote-station smoke alarms required by Section 907.2.11.
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Smoke detectors in Group 1-3 occupancies.
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Automatic sprinkler systems in one- and two-family dwellings.
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[Ord. 2020, 5/8/2006; as amended by Ord. 2045, 11/13/2007]
The following sections are hereby added:
A.
Appendices B, D, E, F, and I are adopted and incorporated herein
by reference.
[Amended by Ord. 2159, 12/12/2016]
B.
Section 105.1.1. Permits Required. A permit shall be required for
all activities, uses and other operations specified in the Fire Prevention
Code adopted herein. Such permits shall be issued in accordance with
the provisions of this Part and the International Fire Code adopted
herein.
(1)
Prior to the issuance of any permits or certificates, as required
by this Code, the Fire Marshal shall inspect and approve the processes,
operations, vehicles, buildings, systems and storage places, as specifically
set forth below.
(2)
The payment and collection of all fees shall be in the manner established
by the Director of Administration and Finance. Any and all permit
fees not paid within 30 days shall be subject to an added 10% late
charge to cover added costs of collection.
(3)
The following list shall include the places or functions which shall
require the Fire Marshal permit or certification. The inspection shall
be performed annually, except where noted to the contrary. Fees for
said inspections shall be set from time to time by resolution of the
Borough Council.
Auto wrecking yards/scrap yards
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Bowling lane refinishing, per-lane charge
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Child/adult day care
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100 plus capacity
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7 to 99 capacity
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1 to 6 capacity
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Circuses/carnivals
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(Per-day fee plus cost of 2 firefighters)
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Class A combustible storage
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Over 2,500 square feet
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2,500 square feet to less
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Compressed gas storage
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Dry-cleaning operations
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Educational institutions (post-secondary)
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Colleges, universities, business schools
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Class A 1,500 students and up
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Class B 1,000 to 1,499 students
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Class C 0 to 999 students
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Explosive use, each separate occasion
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Explosives, ammunition, blasting agents - storage
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Fireworks display/storage fee plus cost of men and trucks as
required by Fire Marshall
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Flammable and combustible liquids storage
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Less than 660 gallons, tank farms not included
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Flammable and combustible liquids storage tank farms (bulk storage)
660 plus gallons
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Fumigations/insect fogging operations
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Garages/auto repair
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Hazardous materials/chemicals stored, shipped, handled
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Heliports
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High-rise buildings/75 feet and up
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Hospitals, nursing homes, rehabilitation centers and fees for
additional permits as required
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Hotels/motels
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3 floors or fewer
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More than 3 floors
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Knitting mills/cotton
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L.P. gas installation, less than 500 water gallons per installation
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L.P. gas installation, 500 to 2,000 water gallons
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Fee for installation
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Yearly fee thereafter
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L.P. gas installation, more than 2,000 water gallons, per year
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Lumberyards/woodworking operations
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Machine shops, metal-turning operations
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Magnesium-handling processes
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Manufacture and storage of cellulose nitrate (pyroxylin) film
or plastic
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Organic coatings operations
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Paint removal/portable torch, residential
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Places of Assembly
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Class A, 1,000 plus
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Class B, 300 to 999
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Class C, 50 to 299
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Class D, less than 50
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Prisons, detention facilities (secured)
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Retail stores
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Spray painting/undercoating operations
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Stadiums, race tracks, other external forms of amusement
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Storage and/or manufacture of matches
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Storage of cylinders and containers
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5 or fewer
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Over 5 and fewer than 20
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Over 20
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Tents, canopies, and other membrane structures as required by
the Fire Marshall, based upon the following criteria:
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Flame propagation criteria of the applicable edition of NFPA
#701;
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The requirements of the then-current edition of the ICC Electrical
Code; and
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The number of portable fire extinguishers as required by the
then-current version of the IFC.
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Theaters, no stage
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Underground storage, flammable/combustible liquids exceeding
50,000 gallons
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Use of open flames at public performances, fee plus cost of
one inspector
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Welding and cutting, residents and transients up to 5 times
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C.
Section 3404.3.5.1.1. Storage, handling or use of Class II and Class
III combustible liquids for use in portable heating devices shall
be prohibited in residential dwelling units.
D.
Section 3404.2.14.3. Existing Tanks; Fuel-Oil Tank Piping for Oil-Burning
Equipment. Existing aboveground tank installation previously approved
which constitutes a hazard shall not be continued. The Code Official
shall periodically inspect the existing installation for safety and
to determine if the installation or operation is conducted or maintained
in a safe manner. The Code Official shall have the authority to require
unsafe tanks to be removed from service. The current addition of the
National Fire Protection Association's Standard 31, Standard for the
Installation of Oil-Burning Equipment, shall apply to all such installations
and shall include that all fill pipe and bent pipe material shall
be wrought-iron or steel and shall be of at least two-inch diameter
iron pipe size. All connections shall be made using standard fittings.
This shall apply to all new and existing installations.
E.
Section 308.3.1.2. Prohibited Storage. Portable LPG containers, 20
pounds or less, usually used as barbecue and mobile campers, are prohibited
for storage inside any dwelling unit. This includes any use and/or
storage on an attached porch or balcony.
F.
Section 503.1.4. Fire Lanes. The Fire Chief/Marshall shall inspect
all multiple-dwelling, retail, commercial, hospital, public and industrial
buildings, private alleys and off-street parking areas to determine
and establish fire lanes within or about such areas. The Fire Chief/Marshall
shall notify the owner or occupant of such places of the areas where
designated fire lanes exist, and such owner or occupant shall mark
and place such fire lane with markings and signs as approved by the
Fire Chief/Marshall. No vehicle shall stop and park in such fire lanes,
except for loading or unloading of merchandise at places designated
by the Fire Chief/Marshall or for the momentary discharge or pickup
of passengers.
G.
Section 906.1.1. Residential Buildings. Fire extinguishers shall
be required in all two- or multifamily unit structures and/or a two-and-one-half-pound
ABC dry powder in each kitchen area.
H.
Section 603.4.2. Unvented Space Heaters; Gas-Fired. All gas-fired
appliance installations shall require a permit prior to installation.
The applicant must submit a sketch that demonstrates the location
of the heater(s) and pipe routings. In addition, a description of
the gas supply must be submitted. All gas-fired heaters must have
an oxygen depletion sensor (ODS) ignition system that will enable
the unit to shut down in the event of oxygen depletion. All piping
shall be color-coded, with a yellow pipe indicating the gas line,
and a carbon monoxide detector shall be mounted at an appropriate
location in relating to the location of the heater. This section shall
apply to all existing and new gas-fired appliance installations.
I.
Section 3404.2.9.4.1. Residential and Commercial Oil, Fire, Heating
Units and Heating Oil Tank Installations. When replacing or installing
any heating units or installing above-ground oil tanks in basements
or other locations, all heating oil supply/return lines shall be installed
overhead or along the wall at the floor line, so the line is visible
at all times to inspect for leaks. The underground tank fuel line
will be encased in a conduit of nondestructive materials.
J.
Section 3404.3.2.4. Maintenance: Outside Installation — Aboveground
— All tanks having a water capacity of 499 gallons or more.
(1)
3404.3.2.4.1. All installations shall be placed on a poured, wire-reinforced
concrete pad. Thickness shall be determined by the weight of the tank.
(2)
3404.3.2.4.2. All tank installations must have a protective fence
installed with the height to be determined by the size of the tank.
(3)
3404.3.2.4.3. Proper warning signs must be provided, including the
following: "U.M. NUMBERS: PROPANE, DANGER, NO SMOKING." If in an area
of a parking lot, "NO PARKING"; if in a parking area, proper bumper
or bollards must be installed.
(4)
3404.3.2.4.4. All installations must be maintained properly, including
painting, grass cutting and maintaining the fence in proper repair.
K.
Section 603.6.1.1. Existing Chimneys Without Flues. It shall be required
to have a flexible, stainless steel, acid-resistant, properly sized
sleeve installed in a chimney if U.L. listed or approved.
L.
Amendments to Chapter 3 of the International Fire Code.
[Added by Ord. 2084, 8/8/2011; amended by Ord. 2159, 12/12/2016;
and by Ord. 2166, 7/10/2017]
(1)
The following definitions set forth in Section 302, Definitions, of Chapter 3, General Requirements, of the International Fire Code, are hereby amended and shall provide as follows:
302. Definitions.
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ACCESS-CONTROLLED DOOR - A controlled door that requires permission
from an access-controlled system to allow either entry (ingress) or
exit (egress) or both through the door, whether free egress is allowed
or not.
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M.
Section 505.1, Address Identification, of Section 505, Premises Identification, of Chapter 5, Fire Service Features, of the International Fire Code, 2009 Edition, is amended to read as follows:
[Added by Ord. 2107, 2/11/2013]
505.1 Address Identification. New and
existing buildings shall have approved address numbers, building numbers
or approved building identification placed in a position that is plainly
legible and visible from the street or road fronting the property
and to the rear of properties visible from alleys and half streets.
These numbers shall contrast with their background. Address numbers
shall be arabic numbers or alphabetical letters. Numbers shall be
a minimum of four inches high with a minimum stroke width of 0.5 inch.
Where access is by means of a private road and the building cannot
be viewed from the public way, a monument, pole or other sign or means
shall be used to identify the structure.
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[Ord. 2020, 5/8/2006]
The geographic limits referred to in certain sections of the
2003 International Fire Code are hereby established as follows:
A.
Section 3204.3.1.1: geographic limits in which the storage of flammable
cryogenic fluids in stationary containers is prohibited: in accordance
with NFPA 55.
B.
Section 3404.2.9.5.1: geographic limits in which the storage of Class
I and Class II liquids in aboveground tanks outside of buildings is
prohibited: in accordance with NFPA 30.
C.
Section 3406.2.4.4: geographic limits in which the storage of Class
I and Class II liquids in aboveground tanks is prohibited: in accordance
with NFPA 30.
D.
Section 3804.2: geographic limits in which the storage of liquefied
petroleum gas is restricted for the protection of heavily populated
or congested areas: in accordance with NFPA 58 and PA LP Gas Law,
known as the "Propane and LP Gas Act."
[Ord. 2020, 5/8/2006]
All ordinances, or parts of ordinances, including but not limited to Part 2, BOCA National Fire Prevention Code, of Chapter 5, Code Enforcement, of the Code of Ordinances of the Borough of Pottstown, as amended, which shall be inconsistent with this Part shall be and the same expressly are, repealed.
[Ord. 2020, 5/8/2006]
Nothing in this Part or in the Fire 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 § 205 of this Part; nor shall any just or legal
right or remedy of any character be lost, impaired or affected by
this Part.
[Ord. 2020, 5/8/2006; as amended by Ord. 2159, 12/12/2016]
It is the intent of the Burgess and Town Council of the Borough
of Pottstown to adopt the 2009 edition of the International Fire Code.
However, in the event that the State of Pennsylvania prepares and
adopts a later version as amended and modified by the Pennsylvania
Uniform Construction Code (Act 45), 34 Pennsylvania Code Part XIV,
that most recent tri-annual edition of the Fire Code that is in equivalent
cycle with the adopted UCC will become the most recent edition of
the Fire Code and shall become part of the Code of Ordinances of the
Borough of Pottstown without the need for the adoption of any future
amending ordinance.
[Ord. 2020, 5/8/2006]
This Part and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect immediately upon enactment.