[HISTORY: Adopted by the Board of Supervisors of the Township
of Perkiomen Adopted 2-4-2014 by Ord. No. 217. Amendments noted where
applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 129.
This chapter shall be known and may be cited as the "Perkiomen
Township Fire Code."
In accordance with the Second Class Township Code, the Township
of Perkiomen in Montgomery County, Pennsylvania, hereby adopts the
International Fire Code (2009 edition, as it may hereinafter be amended)
as the Perkiomen Township Fire Code. This adoption shall include all
relative reference standards and amendments set forth below.
The intent of this chapter 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. Unless otherwise specifically addressed
in the Pennsylvania Construction Code Act (Act 45 of 1999), all provisions
of the International Fire Code referenced herein shall apply 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. Each and all of the regulations,
provisions, penalties, conditions and terms of said Fire Code on file
in the office of the Code Enforcement Officer of Perkiomen Township
are hereby referred to, adopted and made part hereof as if fully set
out in this chapter, with the additions, insertions, deletions and
changes, if any, prescribed herein.
The definitions section of the International Fire Code (2009
edition) shall have the following additions or amendments:
The Fire Marshal, or other person designated by the Fire
Marshal, Code Enforcement Officer or Fire Chief, shall be charged
with the administration and enforcement of the Township Fire Code.
Perkiomen Township Fire Company or any other fire company/department
assigned to cover Perkiomen Township.
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 controlling a fire.
The person duly appointed to the position of Fire Marshal
by the Perkiomen Township Board of Supervisors. This term shall include
any duly appointed Deputy or Assistant Fire Marshal.
Also known as "outdoor wood-fired boiler." A self-contained,
external unit designed to provide heating or hot water to a building
or structure. Such a unit typically burns (but is not limited to)
wood, coal or other carbon-based fuel resources.
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 Btu (British thermal unit) output and is
labeled accordingly. Phase 2 outdoor wood-fired boiler models will
be identified with a white hang tag.
An outdoor fire which burns material other than rubbish and
is not contained in an incinerator, outdoor fireplace, portable outdoor
fireplace, outdoor cooking grill, outdoor patio stove, chiminea or
factory-built metal novelty stove. Such a fire has a total fuel area
of three feet or less in diameter and two feet or less in height and
is intended primarily for pleasure, religious, ceremonial, cooking,
warmth or similar purposes. Only seasoned split or cut firewood is
permitted to be burned in such a fire.
The following modifications to the standards of the International
Fire Code (2009 edition) are hereby adopted:
A.
In Section 101.1, insert "Perkiomen Township" as the name of the
jurisdiction.
B.
Section 103.2, Appointment, shall be deleted and the following language
substituted: "The Fire Marshal position shall be filled by the Board
of Supervisors of the Township of Perkiomen."
C.
Section 106.5, Periodic inspections, shall be added as follows:
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106.5 Periodic inspections. The Fire Code Official
may conduct periodic inspections on properties other than those properties
erected under the provisions of the International Residential Code.
The frequency of said inspections shall be determined by the Fire
Code Official based on his determination of fire risk after giving
due consideration to the use and level of maintenance of life safety
systems in the structure.
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D.
Section 109.3, Violation penalties, shall be amended to read: "Persons
who shall violate a provision of this chapter or shall fail to comply
with any of the requirements thereof or who shall erect, install,
alter, repair or do work in violation of the approved construction
documents or directive by the Fire Code Official, or of a permit or
certificate used under provisions of this chapter, shall be guilty
of a summary offense, punishable by a fine of not more than $1,000
or by imprisonment not exceeding 90 days, or both such fine and imprisonment.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense."
E.
Section 109.3.2 shall be added as follows:
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109.3.2 Assessments for Violations of Chapter 5 of the
International Fire Code, as amended.
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The Fire Code Official shall serve upon any person who violates
any provision of this chapter a notice indicating the violation of
this chapter. The notice shall contain instructions to the responsible
person to pay an assessment in the amount indicated in the Township
Fee Schedule. Further, if the responsible person should report to
the office of the Code Enforcement Officer and pay the sum indicated
within eight business days after the date of the notice of the violation,
the person responsible for the violation shall not be prosecuted under
Section 109.3.
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F.
In Section 111.4, replace the last phrase as follows: "shall be liable
to pay a fine of not more than $1,000."
G.
In Section 113.1, add: "Fees for fire permits shall be in accordance
with a schedule adopted by resolution of the Board of Supervisors."
Technical amendments to the International Fire Code (2009 edition)
shall be as follows:
A.
Section 307 shall be amended as follows:
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SECTION 307 REGULATIONS OF OPEN BURNING AND RECREATIONAL
FIRES
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307.1.1 Prohibition of burning for disposal purposes.
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In accordance with the Municipal Waste Planning, Recycling,
and Waste Reduction Act of July 28, 1988 (P.L. 528, No. 101) ("Pennsylvania
Act 101"), as amended by Act 140 of 2006, and by Perkiomen Township
Ordinance No. 207, as amended, it shall be unlawful for any person
to openly burn any material, including the following, at any time
in any area within the municipality: household trash, books, magazines,
newspapers, cardboard, grass 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.
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307.1.2 Exclusions.
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The prohibition of open burning shall be in effect except when
the burning results from:
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(a)
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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 an authorized Fire Code Official.
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(b)
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A fire set for the purpose of instructing personnel in firefighting,
when approved by the Department of Environmental Protection's
regional office.
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(c)
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A fire set for the prevention and control of disease or pests,
when approved by the Department of Environmental Protection's
regional office.
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(d)
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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.
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(e)
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A fire set in conjunction with the production of agricultural
commodities in their unmanufactured state on the premises of the farm
operation.
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(f)
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A fire set solely for cooking food.
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(g)
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A fire set solely for ceremonial purposes.
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(h)
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A recreational fire.
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307.1.3 Regulations pertaining to permitted instances
of open burning.
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(a)
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Any such open burning as permitted in Section 307.1.2(a) through
(h) shall be located at least 50 feet from any building, structure
or combustible materials and at least 25 feet from any public street,
right-of-way or property line.
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(b)
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A permit from the Township is required for any open burning
as permitted in 307.1.2 items (a), (c), (d), (e) and (g). A fee may
be charged for said permit in accordance with any duly adopted resolution
of the Board of Supervisors, as may be modified from time to time.
However, the Fire Code Official may suspend open burning at any time
it is determined that, in his/her opinion, any of the following conditions
exist:
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(i)
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Smoke, embers and/or ash emission is likely to cause damage
to property or vegetation of any adjacent property.
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(ii)
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Smoke, embers and/or ash emission is, or may be, offensive,
objectionable or otherwise constitute a public nuisance or have a
harmful effect upon human or animal health.
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(iii)
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Dry conditions or drought warrant a ban on all open burning,
in which case the Board of Supervisors of Perkiomen Township shall
be so advised.
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(iv)
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Any other condition exists which cannot be controlled or eliminated
and which could cause the fire to spread.
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(c)
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All open burning fires must be guarded or attended to by one
or more responsible adult persons, being at least 18 years of age,
at all times until such fire and open burning have been completely
extinguished.
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(d)
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Yard waste that is permitted to be burned on agricultural land,
as defined by the Perkiomen Township Zoning Ordinance, as amended,
must originate from the same parcel of land on which it is burned.
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(e)
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Nonorganic or recyclable materials, or any other combustibles
which may create large amounts of smoke, may not be openly burned.
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(f)
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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 Fire Code Official. This provision
does not pertain to recreational fires or fires used solely for cooking
food.
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307.1.4 Outdoor fireplaces, outdoor cooking grills, outdoor
patio stoves, chimineas and factory-built metal novelty stoves.
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(a)
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Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves,
chimineas and factory-built metal novelty stoves shall be permitted
upon private property in the Township solely for their intended purpose.
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(b)
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No person shall use outdoor fireplaces, outdoor cooking grills,
outdoor patio stoves, chimineas or factory-built metal novelty stoves
for the burning of material identified in Section 307.1.1. Only fuels
specified by the manufacturer shall be permitted to be burned. If
not specified, only seasoned and split or cut firewood is permitted
to be burned.
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(c)
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No outdoor fireplaces, outdoor cooking grills, outdoor patio
stoves, chimineas or factory-built metal novelty stoves shall be used
indoors or in any enclosed area that is not properly ventilated.
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(d)
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Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves,
chimineas and factory-built metal novelty stoves must be guarded or
attended by one or more responsible adult persons, being individuals
at least 18 years of age, at all times until such fire has been completely
extinguished.
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(e)
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Outdoor fireplaces, outdoor patio stoves, chimineas and factory-built
metal novelty stoves shall be used in accordance with the manufacturer's
instructions and shall not be operated within 15 feet of a structure
or combustible material.
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(f)
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Outdoor cooking grills shall be used and located according to
the manufacturer's instructions.
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(g)
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Outdoor fireplaces, outdoor cooking grills, outdoor patio stoves,
chimineas and factory-built metal novelty stoves do not require a
fire permit; however, the Fire Code Official may suspend burning at
any time when it is determined that, in his/her opinion, any of the
following conditions exist:
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(i)
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Smoke, embers and/or ash emission is likely to cause damage
to property or vegetation of adjacent properties.
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(ii)
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Smoke, embers and/or ash emission are, or may be, offensive,
objectionable or otherwise constitute a public nuisance or have a
deleterious effect upon human or animal health.
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(iii)
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Dry conditions or drought warrant a ban on all open burning,
in which case the Board of Supervisors of the Perkiomen Township shall
be so advised.
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(iv)
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The unit and all its appurtenances were not built to manufacturers'
specifications.
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(v)
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Any other condition exists which cannot be controlled or eliminated
and which could cause the fire to spread.
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307.1.5 Indoor fireplaces; wood-burning and coal stoves;
solid-fuel heaters.
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(a)
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Fireplaces or wood-burning or coal stoves shall be permitted
inside residential private property in the Township solely for the
purpose of heating the dwelling unit.
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(b)
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Only seasoned firewood, coal or solid fuels recommended by the
manufacturer may be burned in such fireplaces, wood-burning or coal
stoves or solid-fuel heaters.
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(c)
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No person may use such fireplaces, wood-burning or coal stoves
or solid-fuel heaters for the burning of any material identified in
Section 307.1.1.
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(d)
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Such fireplaces, wood-burning or coal stoves or solid-fuel heaters
shall not be used for such purpose when, in the judgment of the Fire
Code 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.
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(e)
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If the smoke, ashes and/or smell emitting to the outside atmosphere
from the chimney, stove pipe or flue are objectionable or offensive
to adjacent property owners or to the general public, the operation
of such fireplace, wood-burning or coal stove or solid-fuel heater
may be suspended by any Fire Code Official.
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307.1.6 Handling of ashes and rubbish.
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Ashes, smoldering coals, embers or other material with the potential
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.
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B.
Sections 307.2, 307.2.1, 307.3, 307.4, 307.4.1, 307.4.2, and 307.4.3
of the International Fire Code (2009 edition, as it may hereinafter
be amended) shall be deleted.
C.
Section 603.10 shall be added and read as follows:
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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.
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603.10.1 Location of outdoor boilers and furnaces: With respect to any outdoor wood-fired boiler or furnace permitted
or installed after the date of enactment of this chapter, any such
unit must be set back a minimum of 150 feet from any property line.
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603.10.2 Stack height requirements for new outdoor wood-fired
boilers: No person shall install an outdoor wood-fired boiler
unless it has a permanent attached stack with a minimum stack height
of 10 feet above the ground.
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603.10.3 Permit required: Any resident wishing
to install/operate an outdoor furnace must secure a permit from the
Township. The permit fees will be established from time to time by
resolution of the Township Board of Supervisors.
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D.
Section 1418, Cleanup of damaged or demolished property, shall be
added and read as follows:
1418 Cleanup of damaged or demolished property: The owner or owners of any property damaged or demolished by fire,
flood, tornado or other reason shall be responsible for removing all
debris from the property within 60 days after the fire, flood, tornado
or other reason.
All Township ordinance provisions which are inconsistent herewith
are hereby repealed.
