[HISTORY: Adopted by the Borough Council of the Borough of
Mount Union 11-12-1979 by Ord. No. 906 (Ch. VII, Part 1, of the
1980 Code of Ordinances). Amendments noted where applicable.]
The Borough of Mount Union, for the purpose of prescribing regulations
for safeguarding life and property from the hazards of fire and explosion
arising from the storage, handling and use of hazardous substances,
materials, and devices and from conditions hazardous to life and property
in the use or occupancy of buildings or premises, hereby adopts the
Fire Prevention Code known as the "BOCA Basic Fire Prevention Code/1978,
Fourth Edition," save and except such portions thereof as are hereinafter
deleted, modified or amended, copies of which have been and are now
filed in the office of the Borough Secretary, and the same is hereby
adopted and incorporated as fully as if set out at length herein,
and from the date on which this chapter shall take effect, the provisions
thereof shall be controlling in all the subjects therein contained
within the corporate limits of the Borough of Mount Union.
The Fire Prevention Code is hereby changed and amended in the
following respects:
A.
Wherever the word "municipality" shall be used in the said code,
it shall be construed to mean the "Borough of Mount Union."
B.
Section F-105.5.1 of the said code is hereby amended to read:
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F-105.5.1 Penalty for violations. Any person violating
any provision of this code or who shall fail to comply with any of
the requirements thereof shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300, and costs of prosecution, or,
in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days, provided that each violation of any provision
of this code, and each day the same is continued, shall be deemed
a separate offense.
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C.
Section F-301.2 of the said code is hereby amended to read:
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F-301.2 Prohibitions and restrictions; permit required. No person shall kindle or maintain any bonfire or rubbish fire or
authorize any such fire to be kindled or maintained in or upon any
public street, alley, sidewalk, or public ground. During construction
or demolition of buildings or structures, no waste materials or rubbish
shall be disposed of by burning on the premises or in the immediate
vicinity without first having obtained a permit or other proper authorization
from the Code Enforcement Officer, provided that nothing herein shall
prevent the use of outdoor cooking equipment placed by the Borough
or other public authorities in parks or other public grounds for cooking
purposes only.
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D.
Section F-301.3 of the said code is hereby amended to read:
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F-301.3 Location and time restricted. No person
shall kindle or maintain any bonfire or rubbish fire or authorize
any such fire to be kindled or maintained on any private land unless:
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1.
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The location is not less than 50 feet from any structure, and
adequate provision is made to prevent fire from spreading to within
50 feet of any structure; or
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2.
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The fire is contained in an approved waste burner located safely
not less than 15 feet from any structure.
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Except where special permission has been provided by the Code
Enforcement Officer, no such bonfire or rubbish fire shall be kindled
or maintained at any time between sunset or sunrise.
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E.
Section F-2800.2 of the said code is hereby amended to substitute
the term "Borough Council" for the term "fire official" wherever the
latter term shall occur therein.
F.
Section F-2800.4 of the said code is hereby amended to read:
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F-2800.4 Definition. "Fireworks" shall be defined
in the same manner as the state fireworks law (1939, P.L. 134, Section
1), as amended,[1] and shall include nothing not included within the definition
of "fireworks" in the said law.
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[1]
Editor's Note: See 35 P.S. § 1271.
G.
Section F-2801.1 and F-2801.2 of the said code are hereby amended
to substitute the term "Borough Council" for the term "fire official"
wherever the latter term shall appear therein.
H.
Section F-2801.4 of the said code is hereby amended to substitute
the words "Code Enforcement Officer" for the words "fire official."
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulations,
as the case may be, shall control where the requirements are the same
as or in excess of the provisions of the code hereby adopted. The
code shall control in all cases where the state requirements are less
strict than those contained in the code hereby adopted.
