[HISTORY: Adopted by the Borough Council of the Borough of
Clifton Heights 6-13-1968 by Ord. No. 453 (Ch. 7, Part 2, of the
1988 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Fire Company — See Ch.
15.
Fire prevention — See Ch.
153.
No person, firm or corporation shall burn or cause to be burned
in any exterior area of his, her or its premises within the geographical
confines of the Borough of Clifton Heights any trash, rubbish, leaves,
cuttings, grass, weeds, papers, boxes, refuse or other debris, whether
such burning be in an open fire or an enclosed incinerator.
No person, firm or corporation in possession of, or having control
of, any building or premises in the Borough of Clifton Heights shall
permit or allow therein or thereon any 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 a danger
to persons or property from fire.
There is hereby created the office of Fire Marshal whose duty
shall be to enforce this chapter and the performance of duties hereinafter
more fully set forth. It shall be the duty of the Council of the Borough
of Clifton Heights to designate a person, a resident of the Borough
of Clifton Heights, to fill the said office for a period of one year,
corresponding to the calendar year and so on from year to year.
The Fire Marshal may, with the approval of Council, designate
one person as his authorized representative to assist in the performance
of his duties.
It shall be the duty of the Fire Marshal of the Borough of Clifton
Heights to enforce all laws and ordinances relating to the prevention
of fires; the storage and use of explosives and flammables; the installation
and maintenance of private fire alarm systems and fire-extinguishing
equipment; the maintenance and regulation of fire escapes; the means
and adequacy of exit, in case of fire, from all buildings covered
by this chapter and other places in which persons work or congregate
for any purpose; and to investigate the cause, origin and circumstances
of fires.
The Fire Marshal or his authorized representative may at all
reasonable hours and not less than twice yearly enter any public building
or any private building used for any business, commercial or industrial
purpose and any apartment or converted home with two or more apartments
for the purpose of making any inspection or investigation which he
may deem necessary for the prevention of fire and to secure the safety
of persons from fire.
The Fire Marshal, or his authorized representative, shall not
less than twice yearly inspect all hazardous manufacturing processes,
storages or installation of gases, explosives and flammable materials,
all interior fire alarms and automatic sprinkler systems, and such
other hazards or appliances as the Fire Marshal shall deem advisable
in the prevention of fire, and he shall make such orders as may be
necessary to make the aforesaid things or any of them comply with
recognized standards and practices for the prevention of fire.
Whenever the said Fire Marshal, or his authorized representative,
shall find that, in any building or upon any premises covered by this
chapter, combustible or explosive matter or dangerous accumulations
of rubbish or unnecessary accumulation of wastepaper, boxes, shavings,
or any highly flammable materials, and which are so situated as to
endanger property, or shall find obstructions to or on fire escapes,
stairs, passageways, doors or windows, liable to interfere with the
operation of the Fire Department or egress of occupants in case of
fire, he shall order the same to be removed or remedied.
Whenever the said Fire Marshal, or his authorized representative,
shall find any building or other structure covered by this chapter
which, for want of repairs, lack of sufficient fire escapes, automatic
or other fire alarm apparatus or fire-extinguishing equipment or by
reason of age, or dilapidated condition, or from any other cause,
is especially liable to fire, and which is so situated as to endanger
other property or the occupants thereof, and whenever such officer,
or his authorized representative, shall find in any building covered
by this chapter combustible or explosive matter or flammable conditions
dangerous to the safety of such building or the occupants thereof,
he shall order such dangerous conditions or materials to be removed
or to be remedied in accordance with recognized standards and practices
for the prevention of fire.
The Fire Marshal shall keep a record of fires and of all facts
concerning the same, including statistics as to the extent of such
fires, time, damage caused thereby. All such records shall be public.
Permits and/or licenses shall be required from the Fire Marshal
pursuant to this chapter to have, keep, store, use, manufacture, sell
and handle flammable materials and rubbish and to construct, operate
or maintain establishments hereinafter specified.
A. A permit shall constitute permission to establish, maintain, store
or handle materials or conduct processes which produce conditions
hazardous to life or property. It shall be specific as to location,
conditions and materials covered. It shall not be transferable, and
any change in use or occupancy of premises shall require a new permit.
It shall be issued for an indefinite period with power to revoke it
at any time for failure to comply with regulations.
B. A license shall be the authority issued by the Fire Marshal independently
or jointly with any other municipal authority for the conducting of
a business, trade, occupation or calling for a definite period.
C. Permits and/or licenses shall be required for the following:
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Transportation, storage or use of explosives
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Blasting
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Pyrotechnic displays
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Handling, use or display of nitrocellulose film
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Storage of nitrocellulose film
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Storing and handling of pyroxylin plastic over 100 pounds
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Manufacture of pyroxylin plastic articles
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Commercial incinerators
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Any establishment or dwelling covered by the Pennsylvania Fire
and Panic laws
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Dwellings converted to apartments
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Apartments
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Calcium carbide exceeding 100 pounds
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Acetylene generators exceeding five pounds' capacity
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Compressed and liquefied gases
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Garages
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Retail dealer in flammable liquids
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Oil refinery
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Jobber in flammable liquids
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Manufacturing and using flammable liquids
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Dry cleaning
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Storage of hazardous chemicals
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Refrigeration in excess of 20 pounds of refrigerant
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Matches in excess of 60 matchman's gross
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Public garage
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Automobile tire rebuilding plants
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Storage of packing cases
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Automobile wrecking and junkyard
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[Amended 8-15-1988 by Ord. No. 682]
All permits and licenses required herein and by the provisions
hereof shall be obtained upon written application on a form to be
obtained from the Fire Marshal to be accompanied by a permit or license
fee as established from time to time by the Borough Council to be
accounted for and paid by him to the Borough of Clifton Heights. A
record of all applications and permits issued shall be kept by the
Fire Marshal and filed with the Borough Secretary at the end of March,
June, September and December of each year.
The Fire Marshal shall receive as compensation 50% of each license
or permit issued.
The recognized standards and practices for the prevention of
fire shall be held to mean the standard practices and requirements
set forth by the National Board of Fire Underwriters, and as from
time to time adopted by said Board.
The owner, occupant or person in charge of or managing any building
or premises covered by this chapter shall forthwith, after notice
from the Fire Marshal so to do, correct any condition in such building
or premises, so that the premises, building, processes or materials
shall be in such condition as to comply with the recognized standards
and practices for the prevention of fire.
The Fire Marshal or his authorized representative shall not
solicit sales of any fire protective appliances in conjunction with
the enforcement of this chapter.
The failure or neglect of any person responsible hereunder to
comply with any order of the Fire Marshal and pursuant to the provisions
of this chapter shall be deemed to be a violation of this chapter.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000, plus costs, and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Every day that a violation of this chapter continues shall constitute
a separate offense.