[HISTORY: Adopted by the Borough Council of the Borough of
Colwyn 11-18-1968 by Ord. No. 298, approved 11-18-1968 amended in its entirety 6-18-2009 by Ord. No.
538. Amendments noted where applicable.]
A.
There is hereby adopted by reference, as if the same were fully described
herein, the ICC International Fire Code, being particularly the 2003
edition thereof, prepared and promulgated by the International Code
Council, and the NFPA 101 Life Safety Code, being particularly the
2003 edition thereof, prepared and promulgated by the National Fire
Protection Association, except as modified in this chapter. Such codes
shall be referred to as the Fire Code.
B.
As the ICC International Fire Code and the NFPA 101 Life Safety Code
set forth in Subsection A hereof are amended, supplemented or added
to, such amendments, supplements or additions shall also be established
as the law of the Borough. As any future amendments or editions of
such Codes described in Subsection A hereof are published, they shall
be adopted by the Borough.
A.
In the event of a conflict between a provision of the Fire Code adopted
in § 65-1 and a provision of any commonwealth statute, the
more stringent provision shall prevail.
C.
In the event of a conflict between a provision of the ICC International
Fire Code and a provision of the NFPA 101 Life Safety Code, the Fire
Marshal shall determine which provision shall prevail.
The failure or neglect of a person responsible under the Fire
Code adopted in § 65-1 to comply with any section of such
Code, or to comply with an order of the Fire Marshal pursuant to such
Code, shall be deemed a violation of this chapter.
Section F-107.6 of the ICC International Fire Code,[1] as adopted in § 65-1, is hereby amended to add
the following sections:
A.
Plans, specifications and engineering details. All costs for the
preparation of plans, specifications and/or engineering details shall
be the responsibility of the applicant.
B.
Professional services. Where applications for design are files or
the magnitude of construction is such that the Code Official determines
that such applications require the performance of professional services,
including, but not limited to, plan review or site inspection by the
Borough, all fees and costs relating to the performance of those professional
services incurred by the Borough shall be borne by the owner.
Section 108.3 of the ICC International Fire Code, as adopted
in § 65-1, is hereby amended as follows:
The Fire Commissioner may establish mutual aid agreements with
neighboring fire departments for the purpose of assisting each other
in fulfilling their respective duties and responsibilities.
B.
Duties.
(1)
The Fire Marshal shall enforce the Fire Code, as adopted in § 65-1,
and he or she shall have such other duties as are set forth in this
chapter.
(2)
He or she may issue citations for any violation of any of the provisions
of such Fire Code or this chapter.
(3)
References in the ICC International Fire Code, as adopted in § 65-1,
or the NFPA 101 Life Safety Code, as adopted in § 65-1,
to the "fire chief" or "fire official" shall mean the Fire Marshal,
unless otherwise expressly specified in this chapter, and the Fire
Marshal shall assume all duties and responsibilities ascribed to him
or her.
A.
The Mayor may assign one police officer to work with the Fire Marshal
and the Assistant Fire Marshal in investigations and legal matters.
B.
Such police officer shall attend a course in arson investigation
within six months of his or her appointment.
C.
Such police officer shall also have the power of arrest as conveyed
by the Commonwealth statute.
Chapter 5 of the ICC International Fire Code, as adopted in
§ 65-1, is hereby amended to add the following:
A.
All signs and markings required by the Fire Marshal on private property
shall be installed by the property owner within 30 days of receipt
of written notice by the Marshal.
B.
The cost of all such signs and markings shall be the responsibility
of the property owner.
C.
The Code Enforcement Officer shall not issue a certificate of occupancy
for new construction, or for renovations, until such signs and markings
are in place.
D.
The Code Enforcement Officer shall not issue a housing occupancy
certificate until such signs and markings are in place.
E.
No person shall obstruct or block any fire lane or fire zone, provided
that such lane or zone has been designated by the Fire Marshal and
is properly posted.
A.
Before a fire alarm, fire detection or fire suppression system is
installed, enlarged or extended; a permit therefor shall be obtained
from the proper Code Officer.
B.
Plans and specifications for such devices or systems shall be submitted
to the proper Code Officer for review prior to the issuance of the
permit.
C.
Single-family dwellings are exempt from this section, provided that
such system is not connected by any means, including tape dialer,
to an external monitoring source, including the County Emergency Communications
Board.
A.
New construction. All new construction in the Borough, whether residential,
commercial, institutional or industrial, shall be equipped with smoke
detectors of a type approved by the Underwriters' Laboratories
(UL) and/or Factory Mutual (FM).
B.
Existing structures.
(1)
An existing structure in the Borough, whether residential, commercial,
institutional or industrial, shall comply with all provisions of this
chapter prior to the transfer of title, at the time such property
is offered for sale or, in the case of rental property, prior to the
occupancy by a new tenant. Institutional or commercial properties
shall have three years in which to comply with this subsection, provided
that such property has not been subject to transfer of title, sale
or new occupancy prior to this time.
(2)
In the case of transfer of title, it is the responsibility of the
owner of record prior to the transfer of title to have such property
comply with all provisions of the Fire Code adopted in § 65-1.
(3)
Smoke detectors shall be of a type approved by the Underwriters'
Laboratories (UL) and/or Factory Mutual (FM).
C.
Placement and number of smoke detectors.
(1)
Single-family dwellings shall have at least one smoke detector for
each floor.
(2)
Lodging or boarding homes shall have at least one smoke detector
for each room, including corridors or hallways, but excluding bathrooms
and kitchens. Additional detectors may be required by Fire Marshal.
(3)
Industrial and commercial properties shall have at least one smoke
detector for each 500 square feet of open floor space and one smoke
detector per office or room. Additional detectors may be required
by the Fire Marshal.
D.
Issuance of certificate. A certificate of occupancy or housing occupancy
certificate shall not be issued unless smoke detection equipment,
as required in this section, is present and functional. This provision
shall provide no legal liability to the Borough; the Borough shall
only ensure that at the time of the initial inspection of premises,
smoke detection equipment was present and functional.
No person shall interfere with, attempt to interfere with, conspire
to interfere with, obstruct, or restrict the mobility of or block
the path of travel of, a Fire Department emergency vehicle, including
rescue vehicles and/or ambulances, or interfere with, attempt to interfere
with, obstruct or hamper a Fire Department operation.
No person shall willfully fail or refuse to comply with a lawful
order or direction of the Fire Marshal, the Fire Chief or a duly authorized
representative thereof, or interfere with the compliance attempts
of another individual.
No person shall drive or propel a vehicle over an unprotected
fire hose of the Fire Department without the consent of the fire officer
in charge of the operation.
A.
No person shall obscure from view, damage, deface, obstruct or restrict
the access to a fire hydrant or a Fire Department connection for the
pressurization of fire-suppression systems, including fire hydrants
and Fire Department connections that are located on public or private
streets and access lanes or on private property.
B.
Such obstruction shall by removed by the Borough, unless the owner
removes such obstruction immediately. The cost of towing and storage
shall be borne by the owner of the object that causes the obstruction.
No person, without proper authorization from the fire official
in charge of Fire Department emergency equipment, shall cling to,
attach himself or herself to, climb upon or into, board or swing upon
a Fire Department emergency vehicle, whether the same is in motion
or at rest; sound the siren, horn, bell or other sound-producing device
thereon; or manipulate or tamper with, or attempt to manipulate or
tamper with, switches, starting devices, brakes, pumps, or equipment
or protective clothing on, or a part of, such vehicle.
No person shall damage or deface, or attempt or conspire to
damage or deface, any Fire Department emergency vehicle or equipment
at any time, or injure, attempt to injure or conspire to injure Fire
Department personnel while performing Departmental duties.
No person who possesses, occupies, or has control of any building
or premises in the Borough shall permit or cause therein or thereon
a fire hazard or any installation, construction, equipment, matter
or thing which, by reason of not being installed, constructed or maintained
according to recognized standards and practices for the prevention
of fire, creates or produces danger to any person, animal or property
from fire.
Whenever the Fire Marshal finds that, in a building or upon
any premises covered by the Fire Code adopted in § 65-1,
there is combustible or explosive matter, a dangerous accumulation
of rubbish or an unnecessary accumulation of wastepaper, boxes, shavings,
or highly flammable materials so situated as to endanger property,
or that there is an obstruction to or on a fire escape, stairway,
passageway, door or window which is liable to interfere with the operation
of the Fire Department or the egress of occupants in case of fire,
he or she shall order the same to be removed or remedied.
Owners and occupants of commercial, industrial, and institutional
buildings and multifamily dwellings using dumpsters to accumulate
trash, debris, and combustible refuse shall locate such dumpsters
at least 15 feet from the nearest structure on a suitable area designated
by the Fire Marshal or the Code Official appointed by Council.
Whenever the Fire Marshal finds a building or other structure
covered by the Fire Code adopted in § 65-1 which, for want
of repairs or the lack of sufficient fire escapes, automatic or other
fire alarm apparatus or fire-extinguishing equipment, or by reason
of age, dilapidated condition or for any other reason, is especially
liable to catch fire, and which is so situated as to endanger other
property or the occupants thereof, and whenever such officer or his
or her authorized representative finds, in a building covered by such
Fire Code, combustible or explosive matter or flammable conditions
dangerous to the safety of such building or the occupants thereof,
he or she shall order such dangerous conditions or materials to be
removed or to be remedied in accordance with this chapter. No person
shall fail to comply with such order.
No person shall operate a fire hydrant intended for use by the
Fire Department for fire-suppression purposes unless such person first
secures a permit for such use from the Fire Marshal. This section
does not apply to the use of such hydrants by a person employed by,
and authorized to make such use by, the water company having jurisdiction.
The Fire Marshal shall recommend to the Borough Manager the
location or relocation of new or existing fire hydrants and the placement
or replacement of inadequate water mains located upon public property
and deemed necessary to provide an adequate fire flow and distribution
pattern. No fire hydrant shall be placed into or removed from service
until it is approved by the Fire Marshal.
Owners of new or existing shipyards, oil-storage plants, lumber
yards, amusement or exhibition parks, educational or institutional
complexes and similar occupancies and uses which involve high fire
or life hazards, which are located more than 150 feet from a public
street or which require quantities of water beyond the capabilities
of the public water distribution system, shall provide properly placed
fire hydrants. Such fire hydrants shall be capable of supplying fire
flows as required by the Fire Marshal, shall be connected to a water
system in accordance with the approved rules and may require the establishment
of a trained fire brigade when the hazard involved requires such measures.
No such private hydrant shall be placed into or removed from service
until approved by the Fire Marshal.
No person shall obstruct, remove, tamper with or otherwise disturb
a fire hydrant or fire appliance required to be installed or maintained
under the Fire Code adopted in § 65-1, except for the purposes
of extinguishing fire, training or testing, recharging or making necessary
repairs or when permitted by the Fire Marshal. Whenever a fire appliance
is removed as permitted in this section, it shall be replaced or reinstalled
as soon as the purpose for which it was removed has been accomplished.
Defective and nonapproved fire appliances or equipment shall be replaced
or repaired as directed by the Fire Marshal.
No person shall see, trade, loan or give away a fire extinguisher
which is not approved, or which is not in proper working order or
whose contents do not meet the requirements of the Fire Marshal. This
section does not apply to the sale, trade, or exchange of obsolete
or damaged equipment for junk when a unit is permanently disfigured
or marked with a permanent sign identifying the unit as junk.
No person shall erect, construct, place, or maintain a bump,
fence, gate, chain, bar, pipe, wood or metal horse or other obstruction
in or on any street in the Borough. As used in this section, "street"
means a roadway accessible to the public for vehicular traffic, including
but not limited to private streets or access lanes, as well as all
public streets and highways in the Borough. A person opening a street
for the purpose of making or repairing a utility connection must first
notify the Fire Marshal in writing stating the exact location and
length of time such opening will remain.
Chapter 27 of the International Fire Code, as adopted in § 65-1,
is hereby amended to add the following paragraph:
|
No permit shall be issued for a period in excess of one year.
A new application, along with the appropriate fees and certificate
of insurance, must be filed at least 30 days prior to the expiration
of the existing permit, if continuation thereof is desired.
|
Section 106.1 of the International Fire Code, as adopted in
§ 65-1, is hereby amended to add the following paragraph:
|
Inspections shall be performed by the Fire Marshal at least
once per year, except that health institutions and lodging and boarding
homes shall be inspected quarterly.
|
A.
All permits required by the Fire Code, as adopted in § 65-1,
shall be obtained upon written application on a form to be obtained
from the Fire Marshal, to be accompanied by a permit fee base on the
square footage of the property accounted for and paid by the property
owner or tenant to the Borough. As for compensation, the Fire Marshal
shall be paid 50% of each inspection fee.
B.
For an inspection by the Fire Marshal required by the Fire Code,
there shall be an inspection fee of $120 for a building of 1,000 square
feet or less; $220 for a building 1,001 to 2,000 square feet; and
$220 plus $10 for each additional 5,000 square feet or portion thereof.
All fees shall be accounted for and paid to the Borough by the property
owner or tenant of such property. Inspections in excess of one per
year, performed at the request of the owner, tenant or required by
an outside agency or by this chapter, will be performed at the fee
set forth in this subsection for each inspection. The Fire Marshal
shall file with the Borough Secretary a signed copy of each inspection
report. For a building in excess of 10,000 square feet, the Fire Marshal
shall be paid a fee of 40% of the total inspection fee. Fire inspections
are required annually per this chapter.
A.
HEATING EQUIPMENT
Definition. As used in this section:
A permanent device designed, installed or arranged for the
purpose of using power or fuel for heating purposes and all equipment
connected thereto, including internal and external supply or storage
tanks, piping, wiring, and all accessories.
B.
Permit to install, enlarge or repair.
(1)
No person shall install, erect, or enlarge any permanent heating
equipment or make repairs thereto if such repairs substantially alter
the construction or installation thereof, without first applying for
and obtaining a permit therefor from the proper Code Officer of the
Borough pursuant to this section.
(2)
An application for such permit shall state the name and address of
the applicant, the place where the work is to be performed, the trade
name of the heating equipment, the name of the manufacturer thereof,
the location and size of the flue and the smoke pipe leading to such
flue, and other information which the Code Officer may deem necessary.
C.
Standards. The installation, erection, enlargement, or repair of
permanent heating equipment and the storage and use of fuel, power,
range or other oils in connection therewith are subject to the provisions
of the Fire Code adopted in § 65-1.
D.
Master switch. No automatic permanent heating equipment shall be
installed without a master switch outside the furnace room or at the
nearest entrance to the basement where heating equipment is installed,
including electric water pumps, blowers, and circulating fans.
E.
Signal alarms for certain tanks. All two-hundred-seventy-five-gallon
fuel oil tanks shall be provided with signal alarms to prevent overfilling.
F.
Valves on supply and overflow lines. All fuel oil tanks buried in
the ground shall have manually operated valves on supply lines and
on overflow lines, which valves shall not be more than two feet from
the burners and shall be accessible.
