[HISTORY: Adopted by the Board of Supervisors of the Township
of East Lampeter as indicated in article histories. Amendments noted
where applicable.]
[Adopted 2-6-1989 by Ord. No. 126 (Ch. 7, Part 1, of the
2002 Code of Ordinances)]
This article shall be known and may be cited as the "Automatic
Sprinkler, Smoke Detector and Fire Safety Ordinance for the Township
of East Lampeter."
When used in this article the following terms shall have the
following meanings. The word "shall" is always mandatory.
An integrated system of underground and overhead piping designed
in accordance with NFPA 13 Standard and as more specifically hereinafter
described.
A level of a building having part or all of its height below
the average level of the adjoining ground.
The Board of Supervisors of the Township of East Lampeter.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A building or portion thereof, arranged for the use of one
or more individuals living together as a housekeeping unit on a permanent,
temporary, or transient basis which includes sleeping quarters and
which may or may not include sanitary facilities or facilities for
the preparation, storage or serving of food. A dwelling includes,
without limitation, retirement or nursing homes, tourist rooms and
motels.
The Fire Chief, or his designate, of the fire company primarily
responsible for the fire protection in any particular area of the
Township, and if necessary the Township Supervisors may appoint a
fire officer to be responsible in any area where the responsibilities
are not being filled by the chief of the first due fire company.
That type of construction in which the structural members
including walls, partitions, columns, floor and roof are constructed
of noncombustible materials with fire resistant ratings not less than
those specified by law.
The NFPA 13 Standard for the Installation of Sprinkler Systems,
1987 Edition, as prepared, printed and established by the National
Fire Protection Association effective February 12, 1987.
NFPA 13A Recommended Practice for the Inspection, Testing
and Maintenance of Sprinkler Systems, 1987 Edition, as prepared, printed
and established by the National Fire Protection Association effective
December 30, 1986.
NFPA 14 Standard for the Installation of Standpipe and Hose
Systems, 1986 Edition, as prepared, printed and established by the
National Fire Protection Association effective December 30, 1985.
NFPA 24 Standard for the Installation of Private Service
Mains, 1984 Edition, as prepared, printed and established by the National
Fire Protection Association effective February 7, 1984.
NFPA 72E Standard on Automatic Fire Detectors, 1984 Edition,
as prepared, printed and established by the National Fire Protection
Association effective July 5, 1984.
NFPA 74 Standard for the Installation, Maintenance and Use
of Household Fire Warning Equipment, 1984 Edition, as prepared, printed
and established by the National Fire Protection Association effective
December 28, 1983.
An individual appointed by the Board to administer the provisions
of this article.
Any individual, firm, association, corporation or the officers
or directors of a corporation.
The area or areas of a dwelling unit in which the bedrooms
or sleeping rooms are located. Where bedrooms or rooms ordinarily
used for sleeping are separated by other use areas (such as kitchens
or living rooms, but not bathrooms or closets), they shall be considered
separate sleeping areas for the purposes of this article. Each room
or suite of a hotel, motel shall be considered as a separate sleeping
area.
An Underwriter's Laboratories or FM approved device which
detects visible or invisible particles of combustion, which is capable
of providing an audible alarm of at least 85 decibels at a distance
of 10 feet. The smoke detector may be either an ionization or photoelectric
type.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or if there be
no floor above it, then the space between any floor and the next ceiling
above it. A story shall not include a basement.
A.
As to buildings for which a building permit is issued on or after
the effective date of this article and which are located in areas
served by public water or areas for which public water service has
been formally proposed, approved automatic fire sprinkler systems
shall be installed in all spaces in all of the following structures:
(1)
Every building containing at least 25,000 square feet of gross floor
area.
(2)
Every building having more than three stories or having a height
greater than 40 feet.
(3)
Hospitals.
(4)
Nursing homes.
(5)
Convalescent homes.
(6)
Rehabilitation centers.
(7)
Old age or institutional facilities.
(8)
All of the following buildings having an interior corridor or interior
passageway as the principal means of ingress or egress and containing
at least 10,000 square feet of gross floor area: motels, hotels, guest
homes, tourist homes, boarding homes, group homes and multiple occupancy
dwellings.
(9)
Basements which have at least 10,000 square feet of gross floor area
and at least one direct exterior entrance or exit.
(10)
Basements which have at least 5,000 square feet or more of gross
floor area but do not have at least one direct exterior entrance or
exit.
B.
As to building additions for which building permits are issued on
or after the effective date of this article or, as to building additions
for which no building permit is required as to which construction
commences on or after the effective date of this article, an approved
automatic fire sprinkler system shall be installed in all spaces in
the addition in either of the following situations:
(1)
Where the addition is in excess of 25,000 square feet of gross floor
area.
C.
Notwithstanding the foregoing, there shall be no requirement that
an approved automatic fire sprinkler system be installed in any structure
primarily used for a barn, chicken house or other building used in
farming and not intended for human occupancy or in any building primarily
used for public worship unless the building of public worship is intended
to be used or will be used for other public purposes such as for schools,
public meetings or day-care centers.
A standpipe meeting the requirements of NFPA 14 shall be installed
and maintained in every building where necessary in order to render
the approved automatic fire sprinkler effective. Where an application
must be filed hereunder for an approved automatic fire sprinkler system,
the application shall include a statement as to whether a standpipe
system is to be included. If the statement concludes that a standpipe
system is not necessary, such statement shall be made by a fire protection
engineer and shall recite the facts relied upon to support such conclusion.
A.
Approved automatic fire sprinkler systems shall be installed in accordance
with the standards set forth in the NFPA 13. The installation shall
include one or more automatic water supplies. A portion of the sprinkler
system above ground shall be a network of specially sized or hydraulically
designed piping installed in a building, structure or area, generally
overhead, and to which sprinklers are attached in a systematic pattern.
The valve controlling each system rise shall be located outside the
building as a post-type valve in the underground supply piping or
as a through-the-wall valve in the system riser. Each sprinkler system
riser shall include a device for actuating an alarm when water flow
occurs. All outside control valves must be padlocked in the open position.
The sprinkler flow alarm may be a local alarm (on-property alarm)
only, or it may be tied into a central station alarm service company
or the fire department dispatching center in addition to the local
alarm. If the alarm is automatically transmitted off-site for dispatching
of the fire department, then an adjustable retard or time delay feature
must be provided to avoid false alarm signals caused by pressure fluctuations
in the water supply system; a small jockey pump to keep the building
system pressure higher than such fluctuations shall be required if
a building system transmits three or more false alarms within any
consecutive twelve-month period. The system components must be approved
by a recognized testing laboratory such as the Underwriter's Laboratories
or FM. The Board hereby adopts NFPA 13 by reference.
B.
Approved automatic fire sprinkler equipment systems and standpipe
systems shall be maintained in an operative condition at all times.
Except for temporary reductions or discontinued operation when necessary
to make tests, repairs, alterations or additions to the system, it
shall be unlawful for any owner or occupant to reduce the level of
the fire protection. Maintenance of automatic fire sprinkler systems
and equipment shall be in accordance with the standards set forth
in NFPA 13A.
C.
The owner or occupier shall notify all local fire departments servicing
the property in question before repairs, alterations, or additions
are started and shall notify those fire departments when the system
has been restored to service.
A.
The plans and specifications shall be prepared by a person fully
experienced and qualified in the design of automatic sprinkler systems
such as a fire protection engineer, an insurance company loss control
department or a contractor specializing in automatic sprinkler design
and installation. Systems must be properly designed for the building
features and the hazard created by the occupancy. Sprinkler discharge
densities must be designed for the hazard created by the occupancy.
Water supplies must be adequate for the sprinkler demand and hose
lines.
B.
All persons who are required to install automatic fire sprinkler
systems in accordance with the terms of this article shall submit
an application to the Permit Officer.
(1)
The application shall be in a form approved by the Permit Officer.
(2)
The application shall be accompanied by plans in sufficient detail
to show that the proposed automatic fire sprinkler system complies
with all the requirements of this article. The plans must contain
a certification signed by the person who prepared the plans and specifications
stating that the automatic fire sprinkler system has been designed
to comply with all the terms of this article.
(3)
The application shall be accompanied by an application fee. The fee
shall be established and may be amended from time to time by resolution
by the Board.
(4)
No building permit or zoning permit shall be issued by the Township
or the Township's representative with respect to a building for which
a permit is required for an automatic fire sprinkler system until
a certified set of plans and specifications for the approved automatic
fire sprinkler system has been filed by the applicant with the Permit
Officer. A second, complete certified set of plans and specifications
for the approved automatic fire sprinkler system shall be furnished
by the applicant to the fire department serving the building in question
within 10 days after the date the building or zoning permit is issued.
(5)
After the installation of the approved automatic fire sprinkler system,
and before the building or addition is occupied, the Township and
the fire department serving the building in question must receive
a certification signed by the individual who prepared the plans and
specifications for the approved automatic fire sprinkler system and
by the building owner or the owner's representative which states that
the automatic fire sprinkler system has been fully and completely
installed in accordance with the requirements of this article and
the plans and specifications submitted, that the automatic fire sprinkler
system is fully operational and that the building owner or the owner's
representative is aware of the duty to maintain the automatic fire
sprinkler system in operational condition at all times.
Within 90 days from the effective date of this article, the
owner of each new or existing occupied dwelling unit shall install
or cause to be installed smoke detectors in each dwelling unit as
provided in this article.
A.
At least one smoke detector shall be installed to protect each separate
sleeping area.
B.
At least one smoke detector shall be installed at the head (top)
of each stairway leading up to an occupied area in such a manner as
to assure that rising smoke is not obstructed in reaching the detector
and that the detector intercepts rising smoke before it reaches the
sleeping area.
C.
An approved fire detection system may be installed instead of smoke
detectors. An approved fire detection system is one that meets the
requirements of this article and is installed in accordance with NFPA
72 E or NFPA 74, whichever is applicable.
In new residential dwellings, smoke detectors shall be wired
directly (hard wired) to the building's power supply. Battery-operated
detectors will be permitted in new buildings which are not equipped
nor intended to be equipped with electrical service. In existing dwellings,
it is preferred that smoke detectors be hard wired to the power supply;
however, smoke detectors may be powered by self-monitored battery
or operated in a plug-in outlet which is outfitted with a plug restrainer
devices; provided, that the outlet is not controlled by any switch
other than the main power supply. All smoke detectors which are not
wired to the building's power supply shall meet the standards of NFPA
72 E or NFPA 74, whichever is applicable.
All smoke detectors shall be maintained in good operating order.
Maintenance shall include, but is not limited to replacing batteries
when necessary, keeping smoke detectors connected to an electrical
source so that they remain capable of transmitting an audible signal
in the presence of smoke. Occupants other than the owner shall refer
any maintenance problems to the building owner. The removal or destruction
of any smoke detector by any person except an owner or the owner's
agent for the purpose of immediate replacement is forbidden.
Whenever there is a change of occupancy of any dwelling unit
occasioned by or incidental to a sale, lease or sublease of the unit,
it shall be the duty of the grantor, seller, lessor or sub-lessor
to demonstrate to the new occupant, prior to occupancy, that all smoke
detectors required by this article are installed and in proper working
condition.
All hotels, motels, apartments, theaters, restaurants or other
places of public assembly shall have smoke detectors or automatic
fire alarm systems installed as may be required by the Department
of Labor and Industry of the Commonwealth of Pennsylvania. Each individual
sleeping unit (room) in those structures must also have an Underwriter's
Laboratory or FM approved single station smoke detector as a self-contained
unit which sounds an alarm only at that location.
The Code Enforcement Officer shall have the authority to enter
and examine any building or structure for the purpose of inspection
in any of the following circumstances:
A.
With respect to a new building or an addition to an existing building
for which an automatic fire sprinkler system, standpipe system or
smoke detector is required, the Code Enforcement Officer is authorized
to inspect the building prior to issuance of a use and occupancy permit.
B.
The Code Enforcement Officer is authorized to enter any building
after a fire.
C.
The Board of Supervisors may authorize the Code Enforcement Officer
to inspect a building in other situations where information is submitted
to the Board of Supervisors which substantially demonstrates that
a violation of this article exists and is reasonably likely to result
in loss of life, substantial bodily injury or property damage.
A.
Public notification of means of egress. Hotels, motels, boarding
homes, and similar occupancies designed for, intended for, or used
by transients, shall post in each occupancy unit the procedure and
phone number used to directly notify the public fire company. In addition,
any such establishment with interior corridors as a means of egress
shall post a floor plan which shows at least two means of egress from
each unit. This information shall be posted at eye level on the back
of every exit door leading into a corridor or on the back of a door
leading directly to the outside.
B.
Maintenance of means of egress. The building owner or occupant shall
maintain the required exitways fully accessible and usable without
obstructions at all times when the building is occupied. Fire doors
in enclosed stairwells must be kept closed at all times unless equipped
with a Underwriter's Laboratory or FM approved smoke detector operated
hold-open or release door.
It shall be unlawful for any unauthorized person to use an official
badge, uniform or other credentials so as to impersonate a fire officer
for the purpose of gaining access to any building, structure, marine
vessel, vehicle, or premises in this jurisdiction.
Any application for or acceptance of any permit requested or
issued pursuant to this article constitutes agreement and consent
by the person making the application or accepting the permit to allow
the Code Enforcement Officer or the fire officer, as the case may
be, to enter the premises at a reasonable time, to conduct such inspections
as are permitted by this article.
The fire officer shall have the authority to investigate the
cause, origin, and circumstances of any fire or explosion involving
a loss of life, injuries to persons, or destruction or damage to property,
in accordance with the Pennsylvania State Police Fire Marshal Act
of April 27, 1927, P.L. 450, as amended. When in the opinion of the
fire officer reasonable cause exists that the fire or explosion may
have been of incendiary origin, the fire officer shall have the authority
to take custody of all physical evidence relating to the cause of
the fire or explosion and to continue the investigation to conclusion.
Proprietary information which may relate to trade secrets of processes
shall not be made part of the public record except as may be directed
by a court of law.
In all areas served by public water, or within 1,000 feet of
public water mains, and private, commercial, or industrial properties
having a private fire protection water system, the Township may require
the developer, or building owner for new construction, to provide
public fire hydrants or private fire hydrants. Such hydrants shall
be located in such a manner that proficient firefighting operations
are not impaired and shall be designed and installed in accordance
with NFPA 24.
The Township may require and designate public or private fire
lanes as deemed necessary for the effective use of fire apparatus.
Fire lanes shall be maintained free of obstructions and vehicles and
marked in the manner prescribed by the Township.[1]
The Fire Chief of the area where a building will be constructed
shall be notified and given two weeks to review any plans for any
hotel, motel, apartments, theaters, restaurants, boarding homes, places
of public assembly and buildings in excess of 10,000 square feet in
size. The Fire Chief may then make any comments or suggestions for
firesafety to the Township.
[Amended 6-3-2002 by Ord. No. 232]
A.
Any person who or which shall violate any of the provisions of this
article shall, upon conviction thereof by summary proceedings before
any Magisterial District Judge having jurisdiction, be sentenced to
pay the costs of enforcement and a fine in accordance with the following
schedule of fines. Upon default of payment of said fine and costs,
the defendant may be sentenced to a term of imprisonment not to exceed
90 days. Such fine and costs shall be in addition to other remedies
provided for in this article and shall be enforceable and recoverable
in the manner provided by applicable law. All fines collected for
the violation of this article shall be paid to the Treasurer of the
Township for the general use of the Township.
B.
Schedule of fines.
(1)
First violation by the owner or occupant of a single or multifamily
dwelling of the obligation to install and maintain a smoke detector;
$50; provided, however, that if the violator demonstrates, to the
satisfaction of the Township, that a smoke detector has been installed
in accordance with this article within 90 days of the date of the
sentence, the fine shall be returned to the violator.
(2)
First violation in all other situations, $50.
(3)
Second and subsequent violations, not to exceed $1,000.
The imposition of the penalties prescribed in this article shall
not preclude the Township from instituting appropriate actions to
prevent unlawful erection or construction or to restrain, correct
or abate a violation of this article or to prevent illegal use or
occupancy of any structure, building, land or premises or to stop
an illegal act, conduct, use or occupancy of a structure, building,
or land.
[Adopted 9-8-2008 by Ord. No. 275]
As used in this article, the following terms shall have the
meanings indicated:
The normal fire protection district located within East Lampeter
Township covered by the Hand-In-Hand, Lafayette, Ronks, Witmer, Paradise-Leaman
Place, Eden, Lampeter or Gordonville Fire Companies.
The Fire Chief or his designee.
A UL Listed box, size and style, approved by the Fire Official
that meets the requirements and uses the same security key code adopted
by the Fire Department.
A switch that allows a person with a key (but no one else)
to override an electronic system. A key switch can also control the
emergency power shutoff system allowing for access by the Fire Department.
The person or persons charged with the responsibility for
the occupancy of a building or the owner of a business which is the
occupant of such building.
A Fire Department Connection (FDC) Plug and Cap approved
for use in East Lampeter Township by the Fire Official.
A padlock approved by the Fire Official that utilizes the
approved key code utilized by the Fire Department.
When a building within the fire district is protected by an
automatic fire suppression and/or standpipe system, it shall be equipped
with a key box, installed at a location approved by the Fire Official.
When a building is protected by an automatic alarm system and
or access to or within a building, or an area within that building,
is unduly difficult because of secured openings, and where immediate
access is necessary for life saving or firefighting purposes, it shall
be equipped with a key box, to be installed at a location approved
by the Fire Official.
When an existing building is protected by a monitored alarm
system, a sprinkler system, and or an audible on site alarm, it shall
be equipped with a key box, to be installed at a location approved
by the Fire Official within six months of being notified by the Township
of the requirements of this article.
The key box shall be a Knox-Box as approved and agreed upon
by the Fire Official and the building owner.
In buildings storing or dispensing Hazardous materials, a hazardous
materials cabinet may be required to store material safety data sheets
and other information as required by the Fire Official.
When a property is accessed through a gate or cross arm that
impedes ingress through required fire lanes by means of a key or swipe
card, it shall be equipped with a key switch to be installed at a
location approved by the Fire Official.
When requested by the Fire Official, a property that is protected
by a locked fence or gate and where immediate access to the property
is necessary for life saving and firefighting purposes, it shall be
equipped with a security padlock to be installed at a location approved
by the Fire Official. It shall then be the responsibility of the responsible
party to see that the fence or gate is secured properly so that the
security padlock is accessible.
When requested by the Fire Official, a construction site that
is to be secured by a locked fence or gate, such site shall be subject
to the same requirements as properties protected by security padlocks
during the duration of construction or until the fence or gate is
removed. The security padlock will be obtained by placing a security
deposit with the first due covering fire company in an amount set
to cover replacement of security padlock should it be lost or damaged.
Once the deposit has been made, a Fire Official will come to the construction
site and explain the use of the security padlock. It shall then be
the responsibility of the construction company to see that the fence
or gate is secured properly so that the security padlock is accessible.
When a building is protected by an automatic sprinkler and/or
standpipe system and the fire department connection is exposed to
vandalism, the Fire Official may require that a security cap be installed.
The requirements of this article are not applicable to one and
two-family dwellings. However, the occupants of one and two-family
dwellings are encouraged to participate voluntarily by using a residential
security box.
The key boxes shall be located and shall contain, but not be
limited to the following items as designated by the Fire Official.
A.
Labeled keys or key cards to locked points of egress, whether in
interior or exterior of such buildings.
B.
Labeled keys or key cards that are current.
C.
Labeled keys or key cards to the locked mechanical rooms.
E.
Labeled keys or key cards to any other areas that may be required
by the Fire Official.
F.
A card containing the emergency contact people and phone numbers
for each occupancy.
G.
Floor plans of the rooms within the building may also be required,
showing locations of shutoffs.
H.
The material safety data sheets for all hazardous materials, as required.
I.
The key box shall be installed at a location agreed upon by the Fire
Official.
J.
The key box may have an optional tamper switch, wired on a separate
zone, that will activate a trouble alarm if anyone tampers with the
box.
K.
The installation of the key box shall be made in accordance with
the manufacturer's recommendation in addition to the approval of the
Fire Official.
Alert decals, approved by the Fire Official, to alert fire companies
of the presence of security features covered by this article, will
be displayed on any outside doors or windows as designated by the
Fire Official.
Township-based fire companies Hand-In-Hand, Lafayette, Ronks,
Witmer, Paradise-Leaman Place, Eden, Lampeter and Gordonville Fire
Companies are allowed to share the key box keys for their service
area with other Township-based fire companies.
After four months following passage of this article, all keys
currently in possession of the Fire Department will be returned to
the responsible party.
Compliance with this article shall be a condition precedent
to obtaining a building permit for all buildings for which building
permits have not been received as of the effective date of this article
and for receiving Certificates of Occupancy for all buildings for
which Certificates of Occupancy have not been received before the
effective date of this article. The requirements of this article,
other than these requirements concerning building permits and certificates
of occupancy, shall be applicable for all other buildings for which
occupancy permits have been received prior to the effective date of
this article.
Every violation of this article shall constitute a summary offense
which may be enforced by action brought before a Magisterial District
Judge under the Pennsylvania Rules of Criminal Procedure. Conviction
of a violation shall include a criminal fine not to exceed $1,000
per violation. Each day that a violation exists or is permitted to
continue to exist shall constitute a separate offense. In addition
to summary criminal enforcement, the provisions of this article may
be enforced by the Township through an action in equity brought in
the Court of Common Pleas of Lancaster County. All fines and penalties
collected for the violation of this article shall be paid to the Township
Treasurer.
