City of Pittston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Pittston 7-17-2013 by Ord. No. 2013-7. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 36.
Alarm systems — See Ch. 130.
Open burning — See Ch. 173.
Uniform construction codes — See Ch. 191.
Fire and safety inspections — See Ch. 248.
Property maintenance — See Ch. 370.
This chapter may be referred to as the "Pittston City Fire Prevention Code."
An ordinance designated File of Council No. 9 of 1972, enacted on December 13, 1972, has been continuously in effect as the Fire Prevention Code Ordinance for the City of Pittston. It is the purpose of this chapter to continue enforcement of a Fire Prevention Code for the City of Pittston, without interruption, and to adopt a more current model Fire Prevention Code for the City to use for this purpose.
A certain document, a copy of which is on file in the office of the City Administrator, being marked and designated as the International Fire Prevention Code, 2009 Edition, not including any appendix chapters, as published by the International Code Council, be and is hereby adopted as the Fire Code of the City of Pittston, Luzerne County, Pennsylvania, regulating and governing the safeguarding of life and 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 as herein provided, providing for the issuance of permits and collection of fees therefor, and each of the regulations, provisions, penalties, conditions and terms of said Fire Prevention Code on file in the office of the City Administrator are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes set forth in § 260-4 of this chapter.
A. 
The following sections of the International Fire Prevention Code, 2009 Edition, are hereby revised as specified:
(1) 
Section 101.1: insert "City of Pittston."
(2) 
Section 109.3: insert "summary offense," "punishable by a fine of not less than $500 and not more than $1,000" and "30 days."
(3) 
Section 111.4: insert "not less than $500 and not more than $1,000."
(4) 
Section 103, Department of Fire Prevention: delete Section 103.1, General, Section 103.2, Appointment, and Section 103.3, Deputies, and insert § 260-6 of this chapter. Retain Section 103.4, Liability, and Section 103.4.1, Legal defense, as set forth in the Fire Prevention Code.
(5) 
Section 108, Board of Appeals: delete, and replace with § 260-5 of this chapter.
(6) 
Chapter 9, Fire Protection Systems. No fire-protection system shall be required in a residential home or commercial building that is not required by the Commonwealth of Pennsylvania Uniform Construction Code (UCC) (Act 45 of 1999, as amended).[1]
[1]
Editor's Note: See 35 P.S. §§ 7210.101 to 7210.1103.
B. 
Uniform Construction Code. Wherever the Commonwealth of Pennsylvania Uniform Construction Code (UCC) modifies or supersedes the Fire Prevention Code, the UCC shall be followed.
C. 
Wherever applicable City ordinances set forth additional, more stringent requirements or limitations, they shall be followed.
D. 
Chapter 173, Burning, Open, of the Code of the City of Pittston shall also apply to any open flames or fires or outdoor burnings.
Any person aggrieved by the enforcement of this chapter may file an appeal with the City of Pittston Building and Property Maintenance Code Board of Appeals (see Chapter 7, Article II), which shall serve as the Fire Code Board of Appeals pursuant to Section 108, Board of Appeals, in Chapter 1, Scope and Administration, of the Fire Prevention Code. The appeal shall be on a written form provided by the Board, must be filed within 20 days of the date of enforcement, and no appeal shall be considered filed until payment of any fee required by the City Council is remitted in full. Upon receipt of an appeal, the Board shall convene a public hearing within 30 days and render a decision within 10 days of the hearing. Filing of an appeal shall stay enforcement action, except that action taken under Section 110, Unsafe Buildings, of the International Fire Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Where the City of Pittston Property Maintenance Code (Chapter 370, Property Maintenance, of the Code of the City of Pittston) provides for fire prevention within the Property Maintenance Code (Chapter 7), the Code Enforcement Officer or the Fire Code Inspector is empowered to enforce those provisions of the Property Maintenance Code dealing with fire prevention.
This chapter shall be enforced by a City Fire Prevention Code Inspector as directed by the City Administrator. In the performance of official duties, the Fire Code Inspector shall be indemnified in accordance with Section 103.4.1 of the Fire Code. In addition to the enforcement of this chapter and all duties and powers identified in the job description, the Fire Code Inspector shall have all of the powers and duties as prescribed under Section 2104, Fire Marshal, of the Third Class City Code, Act of June 23, 1931 (P.L. 932, No. 317), reenacted and amended June 28, 1951, as amended (P.L. 662, No. 164).[1]
[1]
Editor's Note: See 53 P.S. § 35101 et seq.
Wherever a permit or fee is required for administration of the Fire Prevention Code, the City Council shall set forth such permit and fee regulations by means of an adopted resolution of the City Council.