Fire Prevention Code, see Chapter 5, Code Enforcement
[Ord. 813, 12/19/2001, § 1]
As used in this Part, the following terms shall have the meanings
indicated unless a different meaning clearly appears from the context.
Borough of Stroudsburg, Monroe County, Pennsylvania.
Any receptacle, such as a patio hearth, chiminea or stone
fireplace that is used for the purpose of cooking or personal warmth.
A fire outside of any building in which any material is burned
for disposal purposes in the open or in a receptacle other than in
a grill or similar decorative receptacle used for the purpose of outside
barbecues or warmth.
Any fire maintained in a commercially constructed grill or
masonry constructed grill for the purposes of heating, cooking and
preparing food for the purpose of consumption.
Any individual, partnership, association, corporation, department,
bureau, agency or other legal entity.
[Ord. 813, 12/19/2001, § 2]
Within the Borough limits, no person shall: ignite, feed, cause, allow, permit or maintain on any property any open fire outside of any building for any purpose of disposal of trash, rubbish or garbage other than that specifically allowed for in § 7-103 below.
[Ord. 813, 12/19/2001, § 3]
1.
The activities prohibited in the Part are subject to the following
exceptions:
B.
Open fires shall be permitted at any time when the same is conducted
during an official act or exercise, preapproved by the Borough Council
or the Stroudsburg Volunteer Fire Department.
C.
Open fires shall be permitted at any time when the same is preapproved
by Borough Council or the Stroudsburg Fire Department for the following
purposes:
D.
It shall be lawful at any time to burn charcoal or wood fires kindled
for the purpose of outside barbecues, providing the fire is confined
to the structures as defined in this Part and is for the heating,
cooking and preparing of food or for personal warmth.
[Ord. 813, 12/19/2001, § 4]
Authority is hereby granted to the Stroudsburg Fire Department
to extinguish any fire within the Borough of Stroudsburg when the
Fire Chief of said Department deems that conditions warrant such action.
[Ord. 813, 12/19/2001, § 5]
[Ord. 813, 12/19/2001, § 6]
The Borough Council of the Borough of Stroudsburg hereby designates
the Code Enforcement Officer, in addition to the Borough police officers,
who shall have the power to enforce the provisions of this Part.
[Ord. 813, 12/19/2001, § 7]
Any person who shall violate any provisions of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300, and, in default of payment, to imprisonment for a term not to
exceed 30 days. Each day the violation exists shall constitute a separate
offense.
[Ord. 86, 12/7/1910,
§ 1; as amended by Ord. 599, 12/19/1983; and by Ord. 839, 6/2/2004]
The several fire companies of the Borough of Stroudsburg, together
with the Fire Chief and two Assistant Fire Chiefs, shall constitute
the Fire Department of the said Borough. New companies may be added
thereto from time to time as the Town Council may deem necessary.
[Ord. 86, 12/7/1910,
§ 2; as amended by Ord. 599, 12/19/1983]
The several companies composing the Fire Department of the Borough
shall each and every of them elect annually, the following officers,
to wit: one Captain, and one first lieutenant, one second lieutenant,
one engineer, and one assistant engineer, who shall hold their respective
offices for 12 successive months and shall also elect or appoint such
other officers whose duties shall not conflict with the duties of
the officers hereinbefore named, as they from time to time may desire.
[Ord. 86, 12/7/1910,
§ 3; as amended by Ord. 227, 4/20/1938§ 1; by Ord. 599, 12/19/1983; and by Ord. 839, 6/2/2004]
The several corporations composing the Fire Department of the
Borough shall each, in 1938, and triennially thereafter, at the time
of their annual election of officers and at such other times as Borough
Council shall appoint, select delegates to meet the delegates of other
corporations composing said Fire Department, in convention, for the
nomination of one Fire Chief, and two Assistant Fire Chiefs of said
Department, who shall hold their respective offices until the first
Thursday in April, in the third calendar year after the year of their
confirmation, or until their successors are nominated and confirmed
by Borough Council.
[Ord. 86, 12/7/1910,
§ 4; as amended by Ord. 227, 4/20/1938 § 2; and by Ord. 839, 6/2/2004]
1.
Each Company shall be entitled to five delegates in such convention.
The President of Borough Council shall preside at such convention,
but shall have no vote, and the Borough Secretary shall act as clerk
thereof and make report to the Borough Council at the stated or adjourned
meeting next succeeding the meeting of such convention, of the person
nominated thereat for Fire Chief and the number of votes cast for
him at such convention, and the persons nominated for Assistant Fire
Chief and the number of votes cast for such officers, and the total
number of delegates in such convention. A majority of all delegates
in such convention shall be necessary to a nomination.
2.
Upon such report being made by the Borough Secretary, the Borough
Council shall vote in confirmation of or in rejection of such nomination,
and if a nomination is confirmed by a majority of Borough Council,
such officer shall be sworn to perform the duties of the office to
which he has been elected. If a nomination is rejected by the Borough
Council, the Council President thereof shall then fix a time for the
reassembling of such convention, when another nomination shall be
had in which no vote cast in favor of a nomination of such person
rejected by the Council shall be counted. In the event of a failure
to make a nomination at such conventions, or a re-nomination after
a rejection, the Borough Council shall be at liberty to direct the
convention to reassemble at a time to be fixed by the Council for
the purpose of making a nomination, or to themselves elect such officers.
The nomination shall be held triennially on the third Tuesday in March
of the years hereinbefore designated for the selection of delegates
and at such other times as the Council of the Borough shall by vote
or motion appoint.
[Ord. 86, 12/7/1910,
§ 5; as amended by Ord. 839, 6/2/2004]
The Borough Council shall have the right and power at any and
all times to remove from office the Fire Chief or Assistant Fire Chiefs
of the Fire Department for cause shown, and should a vacancy happen
in such offices or either of them by death, resignation, removal from
Borough or otherwise, the Borough Council shall immediately order
a convention of delegates of the several corporations to nominate
a successor to such official to fill his unexpired term.
[Ord. 86, 12/7/1910,
§ 6]
Should any vacancy happen in the office of any Line Officer
of any company, the same shall be filled for the unexpired term by
an election by the company wherein the vacancy exists.
[Ord. 86, 12/7/1910,
§ 7]
The Borough Council shall have the right and power at any and
all times to suspend or expel any company from the department, and
upon such action being taken the company suspended or expelled shall
deliver up to the Fire Committee of Borough Council or such officer
of the Fire Department as the Borough Council shall designate all
apparatus and property of the Borough in the custody of such company.
[Ord. 86, 12/7/1910,
§ 8; as amended by Ord. 599, 12/19/1983]
The Fire Chief shall in times of fire have full control of the
fire apparatus of the Borough. He shall have command of the general
companies, and all orders given by him shall be obeyed by each and
every member of the Fire Department, and at all times he shall have
general supervision of all property in the department and shall at
least once a month inspect the same and see that the same is kept
in good condition. He shall make report concerning the condition thereof
to Borough Council at least yearly and more often as occasion demands.
When urgency requires he shall have power to order repairs made to
the same at the expense of the Borough, upon obtaining consent of
the Borough Manager thereto.
[Ord. 86, 12/7/1910,
§ 9; as amended by Ord. 599, 12/19/1983; and by Ord. 839, 6/2/2004]
In the absence of the Fire Chief, his duties shall be performed
by the Assistant Fire Chiefs. Upon the death, resignation or removal
from the Borough of the Fire Chief, his duties shall devolve upon
and be performed by the Assistant Fire Chiefs until his successor
is duly confirmed.
[Ord. 86, 12/7/1910,
§ 10]
It shall be the duty of the Captain of any company to take command
of the company to which he belongs at every fire or alarm of fire,
to obey every and all orders of the Fire Chief and Assistant Fire
Chief, to observe that each member of his company does his full duty,
to grant leave of absence to a member of his company at a fire when
he may deem it proper and to see that all apparatus left in the charge
of his company is kept in good condition and ready for use. All orders
given by him shall be obeyed by each and every member of the company
of which he is Captain.
[Ord. 86, 12/7/1910,
§ 11]
It shall be the duty of the Lieutenant of every company to aid
the Captain of his company in the discharge of his duties, and in
the absence of the Captain to act in his stead.
[Ord. 86, 12/7/1910,
§ 12; as amended by Ord. 839, 6/2/2004]
Upon an alarm of fire being given, it shall be the duty of each
company to respond with their apparatus forthwith, and it shall be
the duty of each and every member of the Fire Department to repair
to the headquarters of the company of which he is a member and to
assist in taking the apparatus to the fire, and to remain under the
control of and obey the orders of the Captain and the Lieutenant of
his company, and the Fire Chief and Assistant Fire Chiefs of the Department
until the services of the company shall, in the opinion of the Fire
Chief, be no longer necessary. When the apparatus has been returned
to headquarters and cared for and roll is called they are at liberty
to depart.
[Ord. 86, 12/7/1910,
§ 13; as amended by Ord. 839, 6/2/2004]
In the absence of the Fire Chief and the Assistant Fire Chief
of the Fire Department at any fire, the Captain of the first company
reaching the fire shall act as such Fire Chief, and his duty as Captain
of his company shall be performed by his highest subordinate officer
present.
[Ord. 86, 12/7/1910,
§ 14]
The Fire Committee of the Council shall have general supervision
over the Fire Department of the Borough, and of the fire apparatus,
and shall make report to the Borough Council of the condition thereof
as the occasion requires. They and all other members of Borough Council
shall have the right at all times, except at fires, to inspect the
apparatus.
[Ord. 86, 12/7/1910,
§ 15; as amended by Ord. 599, 12/19/1983]
Under no circumstances shall any of the fire apparatus be removed
from the Borough in case of fire in the neighborhood, or neighboring
towns, without first obtaining the consent of either the Manager or
the Chairman of the Fire Committee, and in the event of the absence
from town of both the Manager and the Chairman of the Fire Committee,
then the consent of the Fire Chief or his Assistant, and on all other
occasions without first obtaining the consent of the Borough Council.
Excepting therefrom those municipalities covered by a mutual aid agreement
with the Borough in case of an appeal for aid from such municipalities,
then and in such case the Fire Chief or the Assistant Fire Chief shall
have power and authority to order and direct one or more of the companies
of the department to respond to such appeal, with their apparatus.
[Ord. 86, 12/7/1910,
§ 16]
The several companies formed under this Part 2 shall each have the right and power to make such by-laws not inconsistent with this Part and such regulations as the Borough Council shall from time to time make as they shall deem proper, and to enforce obedience to the same by suspension or expulsion. Any company shall also have the right to suspend or expel any member for disobedience of orders, neglect of duty or conduct unbecoming a gentleman or fireman.
[Ord. 86, 12/7/1910,
§ 17; as amended by Ord. 599, 12/19/1983]
Ten members of the Fire Department shall constitute the Fire
Patrol, whose duty it shall be to preserve order at and around fires
in the Borough. Three members of each company shall be appointed by
the Fire Chief of the Fire Department, subject to the approval of
the Borough Council, and they shall be sworn into office as Fire Police
officers of the Borough, and they shall have like powers for the preservation
of peace and order in the Borough. One or more of the Fire Patrol
shall be appointed by the Fire Chief to conserve the injured property
after a fire whenever and as long as the same shall be necessary.
[Ord. 86, 12/7/1910,
§ 18]
Whenever any building in the Borough shall be on fire and in
danger of being destroyed by fire, or when any building within the
limits of the said Borough shall be on fire and there shall be danger
of the same being communicated to one or more other buildings, the
Fire Chief or other highest officer of the Fire Department at such
fire shall take such measures and give such orders as in the opinion
of the said official are or may be necessary for the purpose of controlling
the said fire and of extinguishing the same, and all members of the
Fire Department of the Borough present at said fire shall obey such
orders.
[Ord. 86, 12/7/1910,
§ 19; as amended by Ord. 599, 12/19/1983]
No person or persons shall interfere with any member of the
Fire Department at or in the immediate neighborhood of any fire or
at or in the immediate neighborhood of any building on fire in the
Borough, or in the performance of his duty.
[Ord. 86, 12/7/1910,
§ 20]
The Fire Chief or Assistant Fire Chief shall have the right
and authority to call one or more of the companies of the department
for a fire.
[Ord. 86, 12/7/1910,
§ 21; as amended by Ord. 599, 12/19/1983]
After an alarm of fire or a call for a drill has been given,
the Fire Department shall have the right of way upon the streets of
the Borough, in preference to any person, team, street car, vehicle
or animal of any kind and all persons and corporations using the streets
aforesaid are hereby required to yield the right of way to the Fire
Department or any part thereof in the performance of its duty.
[Ord. 86, 12/7/1910,
§ 22; as amended by Ord. 599, 12/19/1983]
The Fire Chief or Assistant Fire Chief or any other officers of the Fire Department provided in § 7-213, shall have authority to close any street or streets in the immediate neighborhood of any burning building either in part or wholly during the continuance of a fire, and no person not a member of the said department shall go within such closed portion.
[Ord. 86, 12/7/1910,
§ 23]
Any company returning from a fire, finding that they have hose
or other property which does not belong to them, shall immediately
return the same to the company to which it belongs.
[Ord. 86, 12/7/1910,
§ 24; as amended by Ord. 599, 12/19/1983]
No intoxicating liquors of any kind shall be allowed or consumed
on the apparatus floor used by a company or on apparatus working under
this department; or at any fire alarms, and any company permitting
the storing or drinking of any intoxicants on the apparatus floors
of their different premises, shall be liable to immediate expulsion
from the department.
[Ord. 86, 12/7/1910,
§ 25; as amended by Ord. 599, 12/19/1983]
It shall be unlawful for any carts or wagons, vehicles or street
cars, to cross any line of fire hose, except by permission of the
officer having charge of such line of hose.
[Ord. 86, 12/7/1910,
as amended by Ord. 599, 12/19/1983]
