Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
GENERAL REFERENCES
Bureau of Fire Prevention — See Ch. 246.
Enforcement of off-street parking provisions — See Ch. 444.
Open burning — See Ch. 610.
Fire protection in mobile home parks — See Ch. 1232.
[Ord. No. 307, passed 3-13-1997]
That certain document, a copy of which is on file in the office of the Township Secretary, being marked and designated as the BOCA National Fire Prevention Code, Tenth Edition, 1996, as published by Building Officials and Code Administrators International, Inc., is hereby adopted as the Fire Prevention Code of the Township for the control of buildings, structures and premises as therein provided, and each and all of the regulations, provisions, penalties, conditions and terms of the aforesaid BOCA National Fire Prevention Code are hereby adopted and made a part hereof as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, as prescribed in Section 1610.03.
In the event of a conflict between any of the provisions of the BOCA National Fire Prevention Code, as adopted in Section 1610.01, and any provision of this Part Sixteen - Fire Prevention Code, or any other provision of these Codified Ordinances, or any other local ordinance or resolution, the local provision shall prevail. In the event of a conflict between any of the provisions of the BOCA National Fire Prevention Code, as adopted in Section 1610.01, and a provision of any other technical code or standard applicable to or adopted by the Township, the stricter or higher standard shall prevail. In the event of a conflict between any of the provisions of the BOCA National Fire Prevention Code, as adopted in Section 1610.01, and any provision of State law, the State law shall prevail.
[Ord. No. 307, passed 3-13-1997]
The BOCA National Fire Prevention Code, as adopted in Section 1610.01, is hereby amended as follows:
A. 
F-101.1. Title (Amended): Insert "Upper Providence Township, Delaware County, Pennsylvania."
B. 
F-107.2.3 Permits (Amended): Insert: "Fees shall be as determined by resolution of Council, and the same may be amended from time to time and listed on the Schedule of Building Permit Fees."
C. 
Section F-113.0, Means of Appeal is amended to read:
F-113.1 Application for appeal: An owner or other person with a legal or equitable interest in the affected property may appeal to the Board of Appeals from an adverse decision of the code official. An application for appeal shall be based on a claim that the true intent of this code has been incorrectly interpreted, the provisions of this code do not fully apply or an alternative method or material can be used, consistent with the health, safety and welfare of the public. The appeal shall cite the provision(s) of the code for which the relief is requested and the reasons supporting the request for relief. The code official shall file a written response to the application for appeal with a copy to the appellant at least seven days prior to the hearing.
F-113.2 Membership of board of appeals: The members of the Township Planning Commission shall constitute the Board of Appeals.
F-113.3 Hearings: Hearings on the appeals shall occur at the next regularly scheduled Township Planning Commission meeting occurring at least 22 days from the date the application for appeal is filed or at such other time as the Board of Appeals establishes. The hearing procedures shall be established by the Board of Appeals. Recording and transcribing of testimony shall not be required.
F-113.4 Decisions of the Board of Appeals: The Board of Appeals shall make decisions upon the majority vote of a quorum of its members present and qualified to vote. The Board of Appeals may make its decisions based upon the written application for appeal with or without hearing.
F-113.5 Administration: The code official shall comply with the decisions of the Board of Appeals.
D. 
Section F-316.0, Propane Barbecue Grills is added to read:
F-316.1 General: This section shall apply to all R-2 use group multiple dwelling apartment houses, townhouses and condominiums where exit to the exterior building passes through a common means of egress.
F-316.2 Prohibited areas: Propane cooking equipment, such as barbecue grills, shall not be stored or used on any porch, balcony or any other portion of a building, within any room or space of a building, within five feet of any combustible exterior wall, or within five feet vertically or horizontally of an opening in any wall.
Exception: This shall not apply to any R-3 use group one and two-family owner occupied houses, townhouses and condominiums where exit to the exterior of the building passes through a private means of egress.
E. 
F-403.9 Conflicts (Added): In the event of conflict between this code and an existing Township ordinance, the existing Township ordinance shall prevail.
[Ord. No. 307, passed 3-13-1997]
The limits referred to in Section F-2601.2 of the BOCA National Fire Prevention Code, as adopted in Section 1610.01, in which the storage of explosive materials is prohibited, are hereby established as follows: the boundaries of Upper Providence Township.
No person shall violate any of the provisions of the BOCA National Fire Prevention Code, as adopted in Section 1610.01, or fail to comply therewith, or violate or fail to comply with any order made thereunder, or build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fail to comply with such an order as affirmed or modified by Council or by a court of competent jurisdiction within the time fixed by Council or by such court. The imposition of a penalty for any such violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and, when not otherwise specified, each 10 days that a given or prohibited condition or conditions are maintained shall constitute a separate offense.
Disposition of Fire Proceeds
[Ord. No. 422, passed 5-10-2007]
No insurance company, association or exchange doing business in the Commonwealth of Pennsylvania shall pay a claim to a named insured for fire damage to a structure located within the Township of Upper Providence where the amount recoverable for the fire loss to the structure under all policies exceeds $7,500 unless the insurance company, association or exchange is furnished with a certificate pursuant to 40 P.S. Section 638(b) as from time to time amended, and unless there is compliance with 40 P.S. Section 638(c) and (d), as from time to time amended, and the provisions of this chapter.
[Ord. No. 422, passed 5-10-2007]
The Township of Upper Providence hereby authorizes and adopts the procedures described in 40 P.S. Section 638(c) and (d) as from time to time amended.
[Ord. No. 422, passed 5-10-2007]
Nothing in this chapter shall be construed to limit the ability of the Township of Upper Providence to recover any deficiency. Furthermore, nothing in this chapter shall be construed to prohibit the Township of Upper Providence and the named insured from entering into an agreement that permits the transfer of funds to the named insured if some other reasonable disposition of the damaged property has been negotiated.
[Ord. No. 422, passed 5-10-2007]
Township Council of Upper Providence Township may by resolution adopt procedures and regulations to implement the provisions of 40 P.S. Section 638 et seq. and this chapter, and may by resolution fix reasonable fees to be charged for township activities or services provided pursuant to 40 P.S. Section 638 et seq. and this chapter, including but not limited to issuance of certificates and bills, performance of inspections and opening require separate fund accounts.
[Ord. No. 422, passed 5-10-2007]
Any owner of property, any named insured or any insuring agent who violates the provisions of Sections 1610.06 through 1610.09 of this chapter shall be subject to the penalty set forth in Section 202.99(a).
[Ord. No. 422, passed 5-10-2007]
The provisions of this chapter shall be severable and, if any of the provisions hereof shall be invalid or unenforceable, the remaining provisions of this chapter shall remain in effect.
[Ord. No. 422, passed 5-10-2007]
All ordinances or parts of ordinances conflicting with any of the provisions of this chapter are hereby repealed insofar as the same effects this chapter.
[Ord. No. 422, passed 5-10-2007]
This Ordinance shall become effective five days after passage.
[1]
Editor's Note: See Section 202.99(b), (c) and (d) for general Code penalty.