[HISTORY: Adopted by the Borough Council of the Borough of
Carlisle 4-9-2009 by Ord. No. 2118, approved 4-22-2009; amended in its entirety 11-13-2014 by Ord. No. 2207, approved 11-13-2014. Subsequent
amendments noted where applicable.]
There is hereby adopted in its entirety by the Borough Council
of the Borough of Carlisle, that certain fire code known as the "International
Fire Code/2009," as published by the International Code Council, Inc.,
save and except such portions as are hereinafter deleted, modified,
or amended. Copies of this chapter and the said International Code
are on file in the office of the Borough of Carlisle. Any amendments
or supplements by said publisher to the 2009 Code, after its initial
publication are not intended to be adopted hereby.
The provisions of this chapter shall take effect upon enactment and shall govern in accordance with Section 102 (Applicability) of the International Fire Code/2009 as modified in § 128-3C below.
A.
The following insertions are made as indicated in the International
Fire Code/2009:
B.
The following section is added to the International Fire Code/2009
to state as follows:
(1)
In SECTION 109 VIOLATIONS:
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109.2.5 Exception. The notice requirements of this
section shall not apply where the code official determines that a
violation of this code presents an immediate threat to public health,
safety or welfare, in which instance the code official may directly
prosecute as authorized under Section 109.2.3.
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C.
The following sections of the International Fire Code/2009 are revised
to state in their entirety as follows:
(1)
In SECTION 101 GENERAL:
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101.2.1 Appendixes. The provisions in Appendixes
B through G, inclusive, shall apply and are specifically adopted.
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(2)
In SECTION 102 APPLICABILITY:
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102.3 Change of use or occupancy. No change shall
be made in the use or occupancy of any structure that would place
the structure in a different division of the same group or occupancy
or in a different group of occupancies, unless such structure is made
to comply with the requirements of this code and the Pennsylvania
Uniform Construction Code or other applicable building code, plumbing
code, mechanical code, property maintenance code, fuel gas code and
electrical code as lawfully adopted by the Borough of Carlisle elsewhere
in the Code of the Borough of Carlisle. Subject to the approval of
the fire code official, the use or occupancy of an existing structure
shall be allowed to be changed and the structure is allowed to be
occupied for purposes in other groups without conforming to all the
requirements of this code and the other above-referenced standards
for those groups, provided the new or proposed use is less hazardous,
based on life and fire risk, than the existing use.
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102.4 Application of other codes. Construction,
repairs, alterations and expansions to a structure, demolition of
structures and changes of occupancy shall be done in accordance with
the procedures of the Pennsylvania Uniform Construction Code or other
applicable building code, plumbing code, mechanical code, property
maintenance code, fuel gas code and electrical code as lawfully adopted
by the Borough of Carlisle elsewhere in the Code of the Borough of
Carlisle. All references in the International Fire Code/2009 to the
International Building Code, International Plumbing Code, International
Fuel Gas Code, International Mechanical Code and the ICC Electrical
Code shall apply instead to the applicable code adopted by the Borough
of Carlisle. Where there is a confect between the provisions of the
International Fire Code/2009 and the provisions of any other law or
chapter of the Code of the Borough of Carlisle, the more restrictive
provisions shall control.
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102.7 Referenced codes and standards. Except as
modified by section 102.4, the codes and standards referenced in the
International Fire Code/2009 shall be those that are listed in Chapter
45 of that code and shall be considered part of the requirements of
that code to the prescribed extent of each such reference. Where differences
occur between the provisions of that code and the referenced standards,
the more restrictive provisions shall control.
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(3)
In SECTION 103 FIRE CHIEF AND FIRE CODE OFFICIALS:
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103.1 General. The responsibility for administration
and enforcement of the International Fire Code/2009 is hereby conferred
upon the Borough's fire code official who shall have that authority
identified as the "fire code official" throughout the International
Fire Code/2009.
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103.2 Appointment. Pursuant to applicable authority,
the fire code official shall be appointed by the Borough Council or
hired by the Borough Manager, as the case may be, and shall serve
accordingly.
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(4)
In SECTION 108 MEANS OF APPEAL:
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108.1 Application for appeal. Any person affected by a decision of the fire code official or a notice or order issued under the International Fire Code/2009 shall have the right to appeal to the Board of Appeals pursuant to Chapter 5 (Appeals, Board of) of the Code of the Borough of Carlisle, which adopted and established a Board of Appeals which shall hear matters pertaining to the International Fire Code/2009, inter alia. An application for appeal shall be based on a claim that the true intent of the International Fire Code/2009 or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the International Fire Code/2009 do not fully apply, or the requirements of the International Fire Code/2009 are adequately satisfied by other means.
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(5)
In SECTION 111 STOP WORK ORDER:
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111.4 Failure to comply. Any person who shall continue
any work after having been served with a stop work order, except such
work as that person is directed to perform to remove a violation or
unsafe condition, shall be subject to prosecution as a summary offense
and the penalties set forth in Section 109. In addition, the Borough
of Carlisle may seek such other civil or criminal remedies as it deems
appropriate, which remedies are preserved herein.
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(6)
In SECTION 202 GENERAL DEFINITIONS:
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FIRE CHIEF. The Fire Chief employed by the Borough
of Carlisle.
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FIRE CODE OFFICIAL. The Fire Chief, the Deputy
Fire Chief as appointed by Borough Council from time to time, and
all code enforcement officers employed by the Carlisle Borough Codes
Department.
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(6.1)
In Section 506 Key Boxes:
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506.1 Where required. The following structures
shall be equipped with a key lock box:
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•
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Commercial or industrial structures protected by an automatic
alarm system or automatic suppression system, or such structures that
are in a manner that restricts access during an emergency;
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•
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Multifamily residential structures that have restricted access
through locked doors and have a common corridor for access to the
living units;
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•
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Governmental structures and nursing care facilities.
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506.1a All newly constructed structures subject to this section
shall have the key lock box installed and operational prior to the
issuance of an occupancy permit. All structures in existence on the
effective date of this section and subject to this section shall one
year from the effective date of this section have a key lock box installed
and operational.
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506.1b The owner or operator of a structure subject to this
ordinance is required at all times to keep a key(s) in the lock box
that will allow access to the structure. The key boxes shall contain
the following:
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•
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Keys to locked points of egress, whether in interior or exterior
of such building;
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Keys to locked mechanical rooms;
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Keys to locked elevator room and controls;
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•
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Keys to any fence or secured areas;
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•
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Keys to any other area that may be required by the Codes Official
or Borough Fire Chief after a written notice;
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•
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A card containing the emergency contact people and phone numbers
for such building; and
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•
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Keys to areas of the building where fire alarm panels and fire
protection systems are located.
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506.1c The lock box identified by Codes Official or Borough
Fire Chief shall be installed on the front of the building (side A)
near the main entry door and between six and eight feet above ground
unless approved at a higher or lower level by the Codes Official and/or
Borough Fire Chief.
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506.1d The Borough Codes Department, upon consultation with
the Borough Fire Chief, shall be authorized to implement rules and
regulations for the use of lock box systems, shall designate the type
of key lock box system to be implemented with the Borough of Carlisle,
and shall have the authority to require all structures to use the
designated system.
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506.1e All existing buildings shall comply with Section 506
one year from its effective date. All newly constructed buildings
not yet occupied or buildings currently under construction and all
buildings or businesses applying for a certificate of occupancy, shall
comply immediately upon approval of Section 506.
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506.1.1 Locks. An approved lock shall be installed
on gates or similar barriers when required by the Codes Official.
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506.2 Key Box Maintenance. The operator of the
building shall immediately notify the Codes Official and provide the
new key when a lock is changed or rekeyed. The key to such lock shall
be secured in the key box.
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(7)
In SECTION 3204 STORAGE:
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3204.3.1.1 Location. Stationary containers shall
be located in accordance with Section 3201. Containers of cryogenic
fluids shall not be located within diked areas containing other hazardous
materials.
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Storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited within the limits of the C-1 Central Business District (See Chapter 255, Zoning, of the Code of the Borough of Carlisle and the Zoning Map of the Borough of Carlisle).
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(8)
In SECTION 3404 STORAGE:
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3404.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits of the C-1 Central Business District. (See Chapter 255, Zoning, of the Code of the Borough of Carlisle and the Zoning Map of the Borough of Carlisle.)
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(9)
In SECTION 3406 SPECIAL OPERATIONS:
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3406.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited within the limits of the C-1 Central Business District. (See Chapter 255, Zoning, of the Code of the Borough of Carlisle and the Zoning Map of the Borough of Carlisle.)
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(10)
In SECTION 3804 LOCATION OF CONTAINERS:
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3804.2 Maximum capacity within established limits. Within the C-I Central Business District (See Chapter 255, Zoning, of the Code of the Borough of Carlisle and the Zoning Map of the Borough of Carlisle.), the aggregate capacity of any one installation for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570L).
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D.
The following sections or provisions of the International Fire Code/2009
are hereby replaced with the sections specified in Paragraph C above
or, if not so revised, deleted in their entirety:
(1)
Section 101.2.1, Appendices.
(2)
Section 102.3, Change of use or occupancy.
(3)
Section 102.4, Application of other codes.
(4)
Section 102.6, Referenced codes and standards.
(5)
The title for Section 103 and Sections 103.1 through 103.3, inclusive,
and 103.4.1 in their entirety.
(6)
Section 108, Board of Appeals, in its entirety (includes Sections
108.1 through 108.3, inclusive).
(7)
Section 111.4, Failure to comply.
(8)
Section 202, Definitions of "Fire Chief' and "Fire Code Official."
(9)
Section 3204.3.1.1, Location.
(10)
Section 3404.2.9.5.1, Locations where above-ground tanks are
prohibited.
(11)
Section 3406.2.4.4, Locations where above-ground tanks are prohibited.
(12)
Section 3804.2, Maximum capacity within established limits.
E.
Appendix J of the International Fire Code/2009 is hereby adopted
and incorporated in its entirety in this chapter.
Nothing in this chapter or in the International Fire Code/2009
hereby adopted shall be construed to affect any suit or proceeding
pending in any court, or any rights acquired or liability incurred
or any cause or causes of action required or existing under this chapter
as previously existing; nor shall any just or legal right or remedy
of any character be lost, impaired or affected by this chapter.
This chapter, together with the International Fire Code/2009,
shall be known, and may be cited, as the "Carlisle Fire Code."
In recording the ordinance adopting this chapter, the Borough
Secretary is directed to attach an accompanying notation stating where
the full text of the code shall have been filed for public inspection.
Note: A copy of the International Fire Code/2009 is available for
public inspection in the Codes and Engineering Department of the Borough
of Carlisle (53 West South Street, Carlisle, Pennsylvania), between
the hours of 7:30 a.m. and 4:30 p.m., weekdays, except during Borough-observed
holidays.
The invalidity of any section or provision of this chapter,
including the International Fire Code/2009, herein adopted, shall
not invalidate other sections or provisions thereof.
