Township of Upper Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Providence 1-4-2010 by Ord. No. 506. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 33.
Department of Fire and Emergency Services — See Ch. 85.
Uniform construction codes — See Ch. 60.
This chapter shall be known and maybe cited as the "Upper Providence Township Fire Code."
In accordance with the Second Class Township Code, the Township of Upper Providence situate in Montgomery County, Pennsylvania hereby adopts the International Fire Code 2009 edition as the Upper Providence Township Fire Code. This adoption shall include all relative reference standards.
The intent of this Code is to regulate those health, safety and welfare issues in legally existing buildings that are critical to the safe occupancy of said buildings and issues that are critical to the safety of the community. This chapter shall not apply to new construction that is otherwise regulated or under construction under permits issued under the Pennsylvania Construction Code Act (Act 45 of 1999).[1] All provisions of the International Fire Code referenced herein regulating new construction, additions, alterations or repairs under the Pennsylvania Construction Code Act are hereby excluded from enforcement under this chapter. This chapter shall regulate and govern the safeguarding of 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 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 Director of Fire and Emergency Services of Upper Providence Township are hereby referred to, adopted and made part hereof, as fully set out in this chapter with the additions, insertions, deletions and changes, if any, prescribed herein.
[1]
Editor's Note: See 35 P.S. § 7210.101 et seq.
Section 202 of the International Fire Code 2009 edition shall have the following definitions added:
AUDIBLE WARNING DEVICE
A device, bell, horn or siren attached to the interior or exterior of a building which emits a warning sound loud enough to be heard outside of the building and which, when activated, can cause the police or Fire Department to respond.
FALSE ALARM
Any signal activated by an emergency alarm or device, any audible alarm or any other kind of direct or indirect signal or message given to the local Police or Fire Department or the Montgomery County Communications Center to which the Fire or Police Department responds which is not the result of a burglary, robbery, fire or similar emergency. (This definition supplements the definition already contained in the IFC 2009.)
FIRE DEPARTMENT
Any of the fire companies which service Upper Providence Township.
FIRE DEPARTMENT CONNECTION (FDC)
Any hose connection installed on a structure for the use of the Fire Department to supply water to the fire sprinkler system(s) and/or standpipe system for the intention of controlling a fire.
FIRE DEPARTMENT CONNECTION (FDC) EMBLEM
A sign consisting of a 12-inch-by-12-inch square made of reflective material with a solid red background with white symbols. Such symbols shall comply with the current NFPA standard.
FIRE MARSHAL
The Upper Providence Township Fire Marshal/fire code official with direct responsibility for enforcement of the fire code.
LEGALLY OCCUPIED
A structure that has received a legally issued certificate of occupancy from the State of Pennsylvania or the local authority having jurisdiction.
OUTDOOR FURNACE (also known as "outdoor wood-fired boiler")
A self-contained unit designed to provide heating or hot water to a building or structure which unit is located outside of that building or structure. This unit typically burns (but is not limited to) wood, coal or other carbon-based fuel resources.
PHASE 2 OUTDOOR WOOD-FIRED BOILER
An outdoor wood-fired boiler or furnace that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is labeled accordingly. Phase 2 outdoor wood- fired boiler models will be identified with a white hang tag.
The following modifications to standards of the International Fire Code 2009 edition are hereby adopted as follows:
A. 
In Section 101.1, insert "Upper Providence Township" as the name of the jurisdiction.
B. 
In Section 103, all references to the "Department of Fire Prevention" shall be understood to mean the Upper Providence Township Department of Fire and Emergency Services as established under Chapter 85 of the Code of the Township of Upper Providence.
C. 
In Section 103.1, the term "fire code official" shall be understood to mean the duly appointed Fire Marshal of Upper Providence Township.
D. 
Section 103.2, Appointment, shall be deleted and the following language substituted: "The fire code official position shall be filled as prescribed in the Code of the Township of Upper Providence."
E. 
Section 106.5, Periodic inspections, shall be added as follows.
106.5 Periodic inspections. The fire code official shall conduct periodic inspections on properties other than those properties erected under the provisions of the International Residential Code. Frequency of said inspections shall be determined by the fire code official based on his determination of fire risk regarding the use and level of maintenance of life safety systems in the structure.
F. 
Section 109.3.2 shall be added as follows:
109.3.2 Existing building inspection violations. Any person who violates any provision of this chapter shall, upon conviction, be sentenced to pay a fine of not more than $1,000 and costs; provided, however, that it shall be the duty of the fire code official to report to the Director of Fire and Emergency Services all violations of any provision of this chapter, indicating, in each case, the section violated, the name of the owner or lessee involved in the violation, the location where the violation took place and any other facts that might be necessary in order to secure a clear understanding of the circumstances attending the violation. The fire code official or other person making the report shall serve upon the individual responsible the notice indicating the violation of this chapter. The notice shall contain instructions to the responsible person indicating a reasonable amount of time to correct named violations. Failure to correct named deficiencies within the specified time in the notice will result in a violation assessment in the amount indicated in the Township Fee Schedule. Further, if the responsible party should report to the office of the Director of Fire and Emergency Services and pay the sum indicated within 48 hours after the time of the notice, that act will save the violator from prosecution and from payment of the fine and costs prescribed in the first sentence of this section.
G. 
In Section 111.4, replace the last seven words as follows, "shall be liable to a fine of not more than $1,000."
H. 
In Section 113.1, add "Fees for fire permits shall be in accordance with a schedule adopted by resolution of the Board of Supervisors."
I. 
Section 907.9.6 shall be added as follows:
[Added 7-5-2011 by Ord. No. 515]
907.9.6 All owners or lessees of emergency alarms are responsible for the costs involved in the Fire or Police Department responding to false alarms in accordance with the following schedule: for the first alarm: a warning; for the second alarm: $100; for the third alarm: $300; for the fourth alarm: $400; for the fifth and each additional alarm: $500. The owner or lessee of a property with an alarm system shall notify the Fire Marshal of any alarm system under repair that may cause false alarms. Upon proper notification, the Fire Marshal shall allow reasonable time, not to exceed 14 calendar days from the date of notification, for repairs to be effected before imposing costs.
Technical amendments to the International Fire Code 2009 edition shall be as follows:
A. 
Section 307 shall be amended as follows:
SECTION 307 REGULATION OF OPEN BURNING
307.1. Prohibition of burning for disposal purposes.
1. 
In accordance with the Municipal Waste Planning, Recycling, and Waste Reduction Act of July 28, 1988, (P.L. 528, No. 101) ("Pennsylvania Act 101") and as amended by Act 140 of 2006, it shall be unlawful for any person to openly burn any material, including the following, at any time in any zone within the municipality: household trash, books, magazines, newspapers, cardboard and/or any items that are required to be recycled in the municipality under Pennsylvania Act 101, including yard waste, leaves and scrap lumber or any vegetation, plywood, drywall, plastic products, insulation materials, upholstered furniture, solid waste and/or construction waste as defined by the Pennsylvania Solid Waste Management Act and 25 PA Code 271.1, garbage, dead animals, human and animal excrement, human and animal hair, rubber products, including tires, hydrocarbon products or flammable liquids, asphalt or tar shingles or roofing materials, bedding, foam rubber, nylon, rayon, cotton, wool, polyester or other synthetic material, insulation from copper or other wiring.
307.1.1. Exclusions
2. 
The prohibition of open burning shall be in effect except when the burning results from:
(a) 
An open burning set to prevent or abate a fire hazard when approved by the Department of Environmental Protection's regional office and set by or under the supervision of a public officer.
(b) 
A fire set for the purpose of instructing personnel in firefighting, when approved by the Department of Environmental Protection's regional office.
(c) 
A fire set for the prevention and control of disease or pests, when approved by the Department of Environmental Protection's regional office.
(d) 
A fire set for the purpose of burning, clearing and grubbing waste; if within an air basin, an air curtain destructor must be used and must be approved by the Department of Environmental Protection's regional office.
(e) 
A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.
(f) 
A fire set solely for cooking food.
(g) 
A fire set solely for recreational or ceremonial purposes.
307.1.2. Regulations pertaining to permitted instances of open burning.
3. 
Any such open burning as permitted in Section 2 shall be located at least fifty feet or more from any building, structure or combustible materials, and at least 50 feet from any public street or right-of-way.
4. 
A permit from the Township is required for any instances of open burning as permitted in 307.1.1 items (a) through (g). A fee maybe charged for said permit by resolution of the Board of Supervisors, as may be modified from time to time. However, any Township or Fire Official may suspend open burning at any time when it is determined by any of them that, in their opinion, any of the following conditions exist:
(a) 
Smoke, embers and/or ash emission cause damage to property or vegetation of adjacent properties.
(b) 
Smoke, embers and/or ash emission are, or maybe, offensive, objectionable, a public nuisance or deleterious to human or animal health.
(c) 
Dry conditions or drought warrant a ban on all open burning, in which case the Board of Supervisors of the municipality shall be so advised in writing.
5. 
All fires in open burning must be guarded or attended to by one or more responsible adult persons, being individuals eighteen or over, at all times until such fire and open burning has been extinguished.
6. 
Yard waste that is permitted to be burned on agricultural land must originate from the same parcel of land on which it is burned.
7. 
Nonorganic or recyclable materials, or any other combustibles which may create large amounts of smoke, may not be openly burned.
8. 
Any such open burning shall be permitted between the hours of 8:00 a.m. and 5:00 p.m. No burning or smoldering shall occur outside the above time period, unless prior permission is requested of and expressly granted by the Township.
307.1.3. Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves, chimeneas and factory-built metal novelty stoves.
9. 
Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves, chimeneas and factory-built metal novelty stoves shall be permitted upon private property within all zones of the Township solely for their intended purpose.
10. 
No person shall use outdoor fireplaces, outdoor cooking grills, outdoor patio stoves, chimneys and factory-built metal novelty stoves for the burning of material as outlined in Section 1.
11. 
Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves, chimneys and factory-built metal novelty stoves shall not be used indoors or in any enclosed areas that are not properly ventilated.
307.1.4. Indoor fireplaces; woodburning and coal stoves; solid-fuel heaters.
12. 
Fireplaces or woodburning or coal stoves shall be permitted inside residential private prop erty within all zones of the Township solely for the purpose of heating the dwelling unit.
13. 
Only seasoned firewood, coal or solid fuels recommended by the manufacturer maybe burned in such fireplaces, woodburning or coal stoves or solid-fuel heaters.
14. 
No person may use such fireplaces, woodburning or coal stoves or solid-fuel heaters for the burning of any material as outlined in Section 1.
15. 
Such fireplaces, woodburning or coal stoves or solid-fuel heaters shall not be used for such purpose when, in the judgment of a Township or fire official, a fire hazard is created by such use and operation and/or any danger is posed to the occupants therein or the neighboring buildings and/or occupants.
16. 
If the smoke, ashes and/or smell emitting to the outside atmosphere from the chimney, stove pipe or flue are objectionable or offensive to the general public, the operation of such fireplace, woodburning or coal stove or solid-fuel heater shall be suspended by any Township or fire official.
307.1.5. Handling of ashes and rubbish.
17. 
Ashes, smoldering coals, wood and embers or other material liable to spontaneously ignite shall not be deposited or allowed to remain within 10 feet of any combustible materials but shall be deposited in noncombustible containers. Rubbish of any kind shall not be allowed to accumulate.
B. 
In Section 307.4.3, delete the exception.
C. 
Section 307.4.4 shall be added and read as follows:
307.4.4 Portable outdoor and fixed outdoor fireplaces: shall be operated in accordance with §§ 307, 307.4 and 307.5.
D. 
Section 507.4.3 Shall be added and read as follows:
507.4.3 Private hydrants: All private fire hydrants shall be painted silver in a manner approved by the fire code official.
E. 
Section 603.10 shall be added and read as follows:
603.10 Outdoor wood - fired boilers and furnaces: No person shall install an outdoor wood-fired boiler or furnace that is not Phase 2 certified by the EPA. The use of such furnaces must follow all operating instructions supplied by the manufacturer. Any outdoor furnace must also comply with any other county, state or federal guidelines for the same. The only fuels allowed shall be those listed fuels recommended by the manufacturer. The following are prohibited: trash, plastics, gasoline, rubber, naphtha, household garbage, material treated with petroleum products (particle board, railroad ties and pressure-treated wood), leaves, paper products and cardboard. Users must follow the manufacturer's written instructions for recommended loading times and amounts. Lighter fluids, gasoline or chemicals to start the furnace are prohibited. The unit must be located with due consideration to the prevailing wind direction.
603.10.1 Stack location: With respect to any outdoor furnaces installed, such outdoor furnaces must be set back a minimum of 150 feet from any property line. If located more than 150 feet to any residence not served by the furnace, the stack must be at least to feet of the height above the ground and at least two feet above the peak of any residence less than 150 feet from said furnace.
602.10.2 Operation: No person shall use or operate new or existing outdoor wood-fired boilers between the dates of May 15 and September 15.
603.10.2 Permit required: Any resident wishing to install/operate an outdoor furnace must secure a permit from the Township of Upper Providence. The permit fees will be established from time to time by resolution of the Township Board of Supervisors.
F. 
Section 907 shall be amended as follows:
(1) 
Section 907.9.6 shall read as follows:
907.9.6 Owner - lessee responsibility: All owners or lessees of emergency alarms are responsible for the costs involved in the Fire or Police Department responding to false alarms in accordance with the fee schedule duly adopted by resolution of the Board of Supervisors.
(2) 
Section F-907.9.7 shall be supplemented as follows:
907.9.7 Disconnection: Upon receipt of information from the Fire or Police Department that any emergency alarm does not meet the requirements of this chapter and has been the source of false alarm activation, the Fire Marshal or Police Chief may determine that the emergency alarm shall be disconnected if not repaired within 30 days in order to relieve those Departments of the burden of responding to false alarms.