[HISTORY: Adopted by the Borough Council of the Borough of
Hellertown 6-16-2014 by Ord. No. 766.[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform Construction Codes — See Ch. 160.
[1]
Editor's Note: This ordinance also repealed former Ch. 200,
Fire Prevention, adopted 12-30-1964 by Ord. No. 338, as amended.
The Borough of Hellertown hereby adopts, for the purpose of
establishing rules and regulations for 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 in the Borough of Hellertown,
including administration, enforcement and penalties, the following
provisions of the International Fire Code, 2009 Edition, or any subsequent
edition(s), if any, save and except such portions as are hereinafter
deleted, modified, or amended, of which three copies have been and
are now filed in the office of the Code Enforcement Official and the
same is hereby adopted and incorporated by reference as fully as if
set out at length herein.
A.
Section 101.1, Title: Insert "Borough of Hellertown, Northampton
County, Pennsylvania" in place of the bracketed phrase [Name of Jurisdiction].
B.
Section 109.3, Violations penalties: Insert "summary offense" in
place of the bracketed phrase [specify offense] and insert "$1,000"
in place of the bracketed phrase [amount] and insert "five days" in
place of the bracketed phrase [number of days].
The provisions of this chapter shall not apply to construction,
alteration, or repairs to new structures, or the construction or alteration
of existing structures, land development, or new subdivisions under
the Municipalities Planning Code.
For the purpose of this chapter, the following terms shall have
the meanings respectively ascribed to them in this section unless
from the particular context it clearly appears that some other meaning
is intended. Other than the words in this section, those words which
are defined in the International Fire Code, 2009 Edition, shall have
the same definitions as that employed in the International Fire Code,
2009 Edition.
Buildings, facilities, or conditions that are already in
existence, constructed or officially authorized prior to the adoption
of this code.
Buildings, renovations, additions, facilities or conditions
not in existence prior to the adoption of this code. Such buildings,
facilities or conditions shall be regulated by the Pennsylvania Uniform
Construction Code, land development, or new subdivisions under the
Municipalities Planning Code.
A.
The following provisions set forth in Chapter 1 of the International Fire Code shall be adopted:
(1)
Sections 101.1 and 101.2-1 through 101.2-3.
(2)
Section 101.2-5.
(3)
Section 101.3.
(4)
Section 102.2-2.
(5)
Section 103 in its entirety.
(6)
Section 104.3.
(7)
Sections 104.10 and 104.10-1.
(8)
Sections 105.6 and 105.6.1 through 105.6.31 (Note: not Section 105.6.32).
(9)
Sections 105.6.33 through 105.6.46.
(10)
Section 105.6.39, as written in the 2009 International Fire
Code.
(11)
Sections 106.1 through 106.2.
(12)
Section 107 in its entirety.
(13)
Section 108 in its entirety.
(14)
Section 108.3, as amended to read: For the purpose of the International Fire Code, Edition 2009, the term "Board of Appeals" shall mean the Board of Appeals established under § 160-4 of the Code of Ordinances, known as the "UCC Board of Appeals."
(15)
Sections 109.1 through 109.3, as amended below:
(a)
Section 109.1 is deleted and the following is inserted: 109.1
Unlawful acts. It shall be unlawful for a person, firm or corporation
to utilize a building, occupancy, premises or systems regulated by
this code, or cause the same to be done, in conflict with or in violation
of any of the provisions of this code.
(b)
Section 109.3 is deleted and the following is inserted: 109.3
Violation penalties. Persons who shall violate a provision of this
code or shall fail to comply with any of the requirements thereof
or directive of the Fire Code Official 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.
(16)
Section 111.4 is amended by inserting "$300" and "$1,000," respectively,
in the appropriate location in Section 111.4, Failure to comply.
B.
Adopt Chapter 2 in its entirety.
C.
Adopt Chapter 3 in its entirety.
H.
Chapter 8. Adopt Section 807 in its entirety.
J.
Chapter 10. Adopt Section 1030 it its entirety.
K.
Chapter 12. Adopt Sections 1205 and 1207 in their entirety.
L.
Chapter 13. Adopt Chapter 13 in its entirety.
M.
Chapter 15. Adopt Chapter 15 in its entirety.
N.
Chapter 17. Adopt Chapter 17 in its entirety.
P.
Chapter 20. Adopt Chapter 20 in its entirety.
Q.
Chapter 21. Adopt Chapter 21, Section 2107 in its entirety.
U.
Chapters 26 through 27 are adopted in their entirety.
V.
Chapter 33, Explosives and Fireworks, is hereby amended by modifying and amending portions thereof as hereinafter set forth:
1.
Statement
of purpose. This part has as its purpose the protection of the health,
safety and welfare of the general public through limiting the use
of fireworks. Fireworks contain explosives which can damage property
and endanger human life when misused, or used under conditions which
create hazards which would not exist for the presence of such conditions.
This Part 2 will allow for outdoor display of fireworks to be put
on by professional, competent pyrotechnicians in a safe manner.
2.
Definitions.
a.
Words
employed herein which are defined in the International Fire Code,
2009 Edition, shall have the same definition as that employed in the
International Fire Code, 2009 Edition.
b.
Display
Property. The lot, parcel or tract of real estate on which a permitted
outdoor display of fireworks is to be conducted.
3.
Incorporation of International Fire Code. Chapter 33, Explosives and Fireworks, of the International Fire Code, 2009 Edition, shall constitute reasonable rules and regulations for displays of consumer fireworks and "display fireworks," as set forth in the Act of November 30, 2004, P.L. 1598, No. 204 § 5, Title 35 P.S. Health and Safety, Chapter 13A, entitled Fireworks and Explosives in § 1275.2, incorporated into this chapter by reference. Supervised public displays permitted; permits, and the provisions thereof are hereby incorporated by reference as if set forth here at length. In the event of any irreconcilable conflict between the provisions of the International Fire Code and this section, those provisions which provide greater safety and protection to person and property of which is more restrictive on the conduct of outdoor display of fireworks shall apply.
4.
Delegation of authority. The Borough Council of Hellertown Borough hereby authorizes the Hellertown Borough Fire Code Official to act as its duly authorized agent to enforce the requirements of Title 35 P.S. Health and Safety, Chapter 13A, Fireworks and Explosives, § 1275.2, Supervised public displays permitted; permits, to grant permission and issue permits for outdoor displays of fireworks, provided that the permit applicant fully meets the requirements of the International Fire Code, including, without limitation, the requirements of Chapter 33, Explosives and Fireworks, and including, but not limited to, Section 3308, Fireworks displays, thereof, and the additional rules and regulations set forth in this section.
5.
Permit
required for displays. It shall be unlawful, and in violation of this
section, for any person or entity to conduct an outdoor display of
fireworks within the limits of the Borough of Hellertown unless a
permit therefor has first been issued by the Hellertown Borough Fire
Code Official.
6.
Permit
applications. All applications for a permit for an outdoor display
of fireworks shall be made, in writing, by use of a Hellertown Borough
application form, and submitted to the Hellertown Borough Fire Code
Official with all required information, documentation and plans not
later than 45 days prior to the scheduled display. No permit shall
be issued for any late application.
7.
Permittee
to be owner of display property. The applicant and proposed permittee
shall be the record owner of the display property, other than displays
conducted on Borough property, with the permission of the Borough.
8.
Structures
disallowed in display site. The permittee shall ensure that there
are no dwellings, buildings, or any other structures (including tents)
located within the display site, whether or not the dwelling, building
or structure will be unoccupied during the display, and whether or
not the dwelling, building or other structure provides protection
through substantial noncombustible or fire-resistant construction
for the occupants. No permit shall be issued for any outdoor display
of fireworks where plans submitted to the Hellertown Borough Fire
Code Official evidence, at the sole discretion of the Borough Fire
Code Official, that there are or will be dwellings, buildings, or
any other structures (including tents) located within the display
site.
9.
Financial
responsibility requirements. After the permit application is approved,
but before a permit is issued by the Hellertown Borough Fire Code
Enforcement Official, the applicant or operator shall file with the
Hellertown Borough Fire Code Enforcement Official a corporate surety
bond of not less than $1,000,000, or a public liability insurance
policy for the same amount, for the purpose of the payment of all
potential damages to a person or persons or to property by reason
of the permitted display or the conduct of any act authorized by the
permit, and arising from any acts of the permittee, the operator,
and their agents, employees or subcontractors.
10.
Location
of display site on the display property. The display site shall be
situated on the display property at such location as is the greatest
distance from the nearest dwelling, building structure (including
tents), or public street while still meeting the International Fire
Code clearance and separation distance requirements.
11.
Revocation
of permit; cancellation or discontinuance of display. The permit for
any outdoor display of fireworks may be immediately revoked and the
display immediately cancelled or discontinued at any time deemed necessary
by the Hellertown Borough Fire Code Official or any authorized representative
of the Hellertown Borough Fire Company, at his/her sole and absolute
discretion, as a result of any noncompliance with any legal requirements,
including, without limitation, the requirement of this section, or
due to weather conditions such as drought, extremely low humidity,
or wind factors. Any permitted outdoor display of fireworks shall
be cancelled if wind gusts exceed 25 miles per hour as measured immediately
prior to the commencement of display, and shall be discontinued if
wind gusts exceed 25 miles per hour any time prior to the end of the
display. The display may also be ordered discontinued immediately
whenever, in the sole and absolute discretion of the Hellertown Borough
Fire Code Official, an authorized representative of a Hellertown Borough
Fire Company or the operator determines that a hazardous condition
exists, and shall not resume until such time as the hazardous condition
is corrected to the sole and absolute satisfaction of the Hellertown
Borough Fire Code Official or authorized Fire Company representative.
The permit shall be immediately revoked and the display shall be discontinued
in the event of accidental ignition of any form of combustible or
flammable materials as a result of falling debris from the display.
12.
Fire
company presence at and call for emergency medical services to display
property. The permittee shall make arrangements with a Hellertown
Borough Fire Company to ensure the presence at the display property
a Hellertown Borough fire pumper and/or other fire-fighting equipment
as determined by such fire company, and a minimum of three firefighters,
for a period beginning 30 minutes prior to the display and ending
30 minutes after the display is concluded. All costs related to the
provision of fire personnel and apparatus, and calls for emergency
medical services and apparatus, shall be paid by the permittee in
an amount determined by Hellertown Borough.
13.
Traffic
control arrangements with Hellertown Borough Police Department. Not
less than 10 business days prior to conducting the display, the permittee
shall make arrangements acceptable to the Hellertown Borough Police
Department for traffic control. Traffic control shall be conducted
by either Hellertown Borough police officers, or special fire police
officers of the Dewey Fire Company No. 1. Traffic control measures
shall be sufficient to prevent motorists, whether or not attending
the display, from parking, stopping or standing motor vehicles within
the right-of-way or shoulder of that portion of any public street
abutting the display property, or that portion of any public street
in sufficiently close proximity to the display property to be affected
by the traffic to be generated thereby as determined by the Hellertown
Borough Police Department. The permittee shall submit to the Hellertown
Police Department for its review and approval its traffic control
plans. Such plans shall include provisions for handling ingress and
egress of motor vehicles to and from the display property, interior
circulation of vehicles within the display property, and demonstrate
adequate parking on the display property. In the event that the permittee
anticipates the necessity for additional parking facilities, other
than those available on the display property, the permittee may contract
with a nearby property owner or owners for overflow parking, provided
that either shuttle service from the overflow parking site to the
display property is provided; or safe pedestrian pathways are available
from the overflow parking to the display property. Such plans shall
be sufficiently detailed so as to permit meaningful review by the
Hellertown Police Department. All costs related to the provisions
of police officers and police vehicles shall be paid by the permittee
in an amount determined by Hellertown Borough. The permittee shall
not conduct the display unless such traffic control measures and plans
have been approved, in writing, by the Hellertown Police Department.
14.
Enforcement
of requirements. The Hellertown Borough Fire Code Official and Hellertown
Borough police officers are authorized to enforce all legal requirements
relating to outdoor displays of fireworks, including the requirements
of this section or other Borough ordinance and/or state law, and,
in addition to criminal sanctions or civil remedies, he/she may revoke
any permit and order the cancellation and/or discontinuance of a display
upon any failure of refusal of the permittee to comply with such legal
requirements, including, without limitation, this chapter, other Borough
ordinances and/or state law, or upon any failure or refusal to comply
with the orders and directives of the Hellertown Borough Fire Code
Official, a Hellertown Borough police officer, or an authorized representative
of a Hellertown Borough Fire Company.
15.
Property
owners to be notified. The permittee shall notify, in writing, the
owners of all real estate located within 2,000 feet of all boundaries
of the display property. The notice shall be mailed by USPS certified
mail, return receipt requested, to such owners not later than 10 days
prior to the date on which the display is to take place, and proof
of such mailing shall be delivered to the Hellertown Borough Fire
Code Official not later than three days prior to the date on which
the display is to take place. The notice shall contain not less than
the following information: the name, address and phone number of the
permittee and of its contract person responsible for the display;
the name, address and phone number of the operator and of its contact
person directly responsible for conducting the display; the date,
time and location of the display; and a general statement describing
the display. The permittee shall not conduct the display unless such
proof of mailing has been delivered to the Hellertown Borough Fire
Code Official.
16.
Removal
of debris and trash from display area. The permittee shall remove
all combustible debris and trash from the display areas prior to the
commencement of the display.
17.
Inspection
and approval of discharge site setup. After the discharge site has
been completely set up, and prior to the commencement of the display,
the permittee shall cause the discharge site to be inspected and approved
by an authorized representative of a Hellertown Borough fire company.
The permittee shall not conduct the display unless such approval has
been obtained.
18.
Removal
of display debris. In the event that any property owner or occupant
notifies the Borough, the permittee, or the operator that debris from
the display has fallen on such property, the permittee shall remove
such debris from such property within 24 hours' notice to the
permittee or the operator from the owner, occupant, or the Borough.
In all matters that are regulated by the laws of the Commonwealth
of Pennsylvania or by regulations of departments or agencies of the
commonwealth promulgated by authority of law, such laws or regulation,
as the case may be, shall control where requirements thereof are more
restrictive than the provisions of this International Fire Code.
[Added 2-21-2017 by Ord.
No. 816[1]]
The Borough hereby creates the position of Fire Marshal. The
Borough shall determine the duties of the Borough Fire Marshal as
permitted by the Borough Code and Act 291 and shall designate which
department and position the Borough Fire Marshal shall hold within
the Borough.
Ordinance No. 338 and Ordinance No. 430 of the Borough of Hellertown,
entitled Fire Prevention Code, as amended, and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this
chapter is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this chapter.
The Borough Council hereby declares that it would have passed this
chapter, and each section, subsection, clause or phrase thereof, irrespective
of the fact that any one or more sections, sentences, clauses and
phrases are declared unconstitutional.
Nothing in this chapter or in the Fire Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 200-8 of this chapter, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
That the Fire Code Official is hereby ordered and directed to
cause a summary of this chapter to be published one time in a newspaper
of general circulation and make available its full content to the
Borough of Hellertown.
This chapter and the rules, regulations, provisions, requirements,
orders and matters established and adopted hereby shall take effect
and be in full force and effect 30 days from and after the date of
its final passage and adoption.
