Township of Spring Garden, PA Article IV Adoption of Fire Prevention Code

[Adopted 1-11-2023 by Ord. No. 2023-03[1]]

[1] Editor's Note: This ordinance also repealed former Art. IV, Adoption of Fire Prevention Code, adopted 12-14-1994 by Ord. No. 94-5 (Ch. 7, Part 2, of the 1994 Code). See § 145-21 for additional information.

§ 145-18 Adoption of code.

A certain document, three copies of which are on file in the office of the Manager of Spring Garden Township, being marked and designated as the International Fire Code, 2018 Edition, including all appendix chapters applicable (See International Fire Code Section 101.2.1, 2018 Edition.), as published by the International Code Council, be and is hereby adopted as the Fire Code of Spring Garden Township, York County, in the Commonwealth 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 Spring Garden Township are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 145-19 of this article.

§ 145-19 Modifications to code.

The following sections are hereby revised and the information to be filled in with the appropriate blanks shall be as follows:

A. Section 101.1. Insert: Spring Garden Township.

B. Section 110.4. Insert: Misdemeanor; $10,000, but not less than $500; 90 days.

C. Section 112.4. Insert: $500; $10,000.

D. Section 1103.5.3. Insert: January 1, 2035.

§ 145-20 Establishment of geographic limits.

The geographic limits referred to in certain sections of the 2018 International Fire Prevention Code are hereby established as follows:

A. Section 5704.2.9.6.1. Insert: Spring Garden Township, York County, Pennsylvania.

B. Section 5706.2.4.4. Insert: Spring Garden Township, York County, Pennsylvania.

C. Section 5806.2. Insert: Spring Garden Township, York County, Pennsylvania.

D. Section 6104.2. Insert: Spring Garden Township, York County, Pennsylvania.

§ 145-21 Repealer; exceptions.

Ordinance No. 94-5 of Spring Garden Township, York County, Pennsylvania entitled "BOCA National Fire Code of 1990" and all other ordinances or parts of laws in conflict herewith are hereby repealed except and unless the following applies:

A. Older buildings that have been properly updated and were constructed and/or renovated with proper permitting prior to the adoption of this code will still fall into the code under which they were constructed, unless there is a renovation which expands useful space more than 25% of the existing space as permitted, or there is an improvement made which increases the value of the property in question by more than 25% of its fair market value.

B. Nothing in the 2018 International Fire Code shall require equipment or installation for buildings that passed previous inspections and were properly permitted unless there is a new UCC permit required for renovations or change in occupancy.

C. The adoption of the International Fire Code will not impact existing commercial occupancies or businesses unless a UCC permit must be obtained for renovation or change of nature of use, or unless the occupancy has fallen into disrepair, or unless previously required systems, services and devices have been illegally removed.

D. References in the International Fire Code that direct back to the UCC, IBC or IEBC shall be handled either by Spring Garden Township or by York Area United Fire and Rescue.

§ 145-22 Applicability of appendixes.

The appendixes within the 2018 International Fire Code that do not apply and are not adopted herein are Appendixes K, L and M. All other remaining appendixes as contained in the 2018 version of the International Fire Code are adopted accordingly as they provide specific benefit within the land development process as well as with other aspects of York Area United Fire and Rescue planning and operations.

§ 145-23 Severability.

If any section, subsection, sentence, clause or phrase of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this article. The Board of Commissioners hereby declares that it would have passed this article, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

§ 145-24 Effect on other matters.

Nothing in this legislation 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 Section 4 of this Ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation.

§ 145-25 When effective.

This article and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect 60 days from after the date of its final passage and adoption.