[Ord. No. 206, 2/8/1971]
There is hereby adopted by the Elizabethville Borough for the
purpose of prescribing regulations governing conditions hazardous
to life and property from fire or explosion, those certain portions
of the code known as the Fire Prevention Code recommended by the National
Board of Fire Underwriters, which are hereinafter set forth, the same
are hereby adopted from the date on which this Part shall take effect,
the provisions thereof shall be controlling within the limits of the
Borough of Elizabethville.
[Ord. No. 206, 2/8/1971]
It is the intent of this Part to prescribe regulations consistent
with nationally recognized good practice for the safeguarding to a
reasonable degree of life and property from the hazards of fire and
explosion arising from the storage, handling and use of hazardous
substances, materials and devices, and from conditions hazardous to
life or property in the use or occupancy of building or premises.
Compliance with standards of the National Board of Fire Underwriters
or other approved nationally recognized safety standards shall be
deemed to be prima facie evidence of compliance with this intent.
[Ord. No. 206, 2/8/1971]
The provisions of this code shall apply equally to new and existing
conditions except that existing conditions not in strict compliance
with the terms of this code shall be permitted to continue where the
exceptions do not constitute a distinct hazard to life or property
in the opinion of the Chief of the Fire Department.
[Ord. No. 206, 2/8/1971]
The Chief of the Fire Department, or any inspector thereof,
may at all reasonable hours, enter any building or premises for the
purpose of making any inspection, or investigation which, under the
provisions of this code, he or they may deem necessary to be made.
[Ord. No. 206, 2/8/1971]
1.
It shall be the duty of the Chief of the Fire Department to inspect
all buildings and premises except the interiors of dwellings, as often
as may be necessary for the purpose of ascertaining and causing to
be corrected any conditions liable to cause fire, endanger life from
fire, or any violations of the provisions or intent of this code and
of any other ordinance affecting the fire hazard.
2.
The Chief of the Fire Department, or an inspector upon the complaint
of any person or whenever he or they shall deem it necessary, shall
inspect any buildings and premises within their jurisdiction.
[Ord. No. 206, 2/8/1971]
1.
Whenever inspectors of the Fire Department as mentioned in § 5-105 shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, he or they shall order such dangerous conditions or materials to be removed or remedied in such manner as may be specified by the Chief of the Fire Department.
A.
Dangerous or unlawful amounts of combustible or explosive or otherwise
hazardous materials.
B.
Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible or explosive or otherwise
hazardous materials.
C.
Dangerous accumulations of rubbish, waste paper, boxes, shavings
or other highly flammable materials.
D.
Accumulations of dust or waste material in air conditioning or ventilating
systems or of grease in kitchen or other exhaust ducts.
E.
Obstructions to or on fire escapes, stairs, passageways, doors or
windows, liable to interfere with the operations of the Fire Department
or egress of occupants in case of fire.
F.
Any building or other structure which, for want of repairs, lack
of adequate exit facilities, automatic or other fire alarm apparatus
or fire extinguishing equipment, or by reason of age of dilapidated
condition, or from any other cause, creates a hazardous condition.
[Ord. No. 206, 2/8/1971]
1.
The service of orders for the correction of violations of this code
shall be made upon the owner, occupant or other person responsible
for the conditions, either by delivering a copy of same to such person
or by delivering the same to and leaving it with any person in charge
of the said premises, or in case no such person is found upon the
premises, by affixing a copy thereof in a conspicuous place on the
door to the entrance of the said premises. Whenever it may be necessary
to serve such an order upon the owner of premises such order may be
served either by delivering to and leaving with the said person a
copy of the said order or, if such owner is absent from the jurisdiction
of the officer making the order, by sending such copy by registered
mail to the owner's last known post office address.
2.
If buildings or other premises are owned by one person and occupied
by another under lease or otherwise, the orders issued in connection
with the enforcing of this code shall apply to the occupant thereof,
except where the rules or orders require the making of additions to
or changes in the premises themselves, such as would immediately become
real estate and be the property of the owner of the premises; in such
cases the rules or orders shall affect the owner and not the occupant
unless it is otherwise agreed between the owner and the occupant.
[Ord. No. 206, 2/8/1971; as amended by Ord. No. 252, 6/13/1983;
and by Ord. No. 288, 8/8/1994]
Storage of large quantities of waste paper, rags or other combustible
materials shall not be in a building of wood frame or ordinary construction
unless approved by the Fire Department.
[Ord. No. 206, 2/8/1971; as amended by Ord. No. 252, 6/13/1983]
1.
Kindling of Fire on Land of Others Restricted. No person shall kindle
a fire upon the land of another without permission of the owner thereof
or his agent.
2.
Hot Ashes and Other Dangerous Materials. No person shall deposit
hot ashes or cinders, or smoldering coals or greasy or oily substances
liable to spontaneous ignition, into any combustible receptacle, or
place the same within 10 feet of any combustible materials, except
in metal or other noncombustible receptacles. Such receptacles, unless
resting on a noncombustible floor or on the ground outside the building,
shall be placed on noncombustible stands, and in every case shall
be kept at least two feet away from any combustible wall or partition
or exterior window opening.
3.
Accumulation of Waste Materials. Accumulations of waste paper, hay,
grass, straw, weeds, litter or combustible or flammable waste or rubbish
of any kind shall not be permitted to remain upon any roof or in any
court, yard, vacant lot or open space. All weeds, grass, vines or
other growth, when same endangers property, or is liable to be fired,
shall be cut down and removed by the owner or occupant of the property.
4.
Storage of Readily Combustible Materials.
A.
Permit Required. No person shall store in any building or upon any
premises in excess of 3,500 cubic feet gross volume of combustible
empty packing cases, boxes, barrels or similar containers, or rubber
tires, or baled cotton, rubber or cork, or other similarly combustible
material without a permit.
B.
Storage Requirements. Storage in buildings shall be orderly, shall
not be within two feet of the ceiling, and not so located as to endanger
exit from the building. Storage in the open shall not be more than
20 feet in height, shall be so located with respect to adjacent buildings
as not to constitute a hazard, and shall be compact and orderly.
5.
Chimneys and Heating Appliances to Be Maintained in Safe Conditions.
All chimneys, smoke stacks or similar devices for conveying smoke
or hot gases to the outer air and the stoves, furnaces, restaurant
type cooking equipment, incinerators, fire boxes or boilers to which
they are connected shall be constructed and maintained in such a manner
as not to create a hazardous condition.
[Ord. No. 206, 2/8/1971; as amended by Ord. No. 325, 11/12/2007]
The Fire Prevention Code shall be enforced by the Chief of the
Fire Department, or any duly sworn law enforcement officer.
[Ord. No. 327, 5/12/2008]
The Borough of Elizabethville hereby elects to administer and
enforce the provisions of the Pennsylvania Construction Code Act,
Act 45 of 1999 (35 P.S. §§ 7210.101 to 7210.1103),
as amended from time to time, and its regulations.
[Ord. No. 327, 5/12/2008]
The Uniform Construction Code, contained in 34 Pa. Code, Chapters
401 to 405, as amended from time to time, is hereby adopted and incorporated
herein by reference as the municipal building code of the Borough
of Elizabethville.
[Ord. No. 327, 5/12/2008]
1.
Administration and enforcement of the Uniform Code within the Borough
of Elizabethville shall be undertaken in any of the following ways
as determined from time to time by resolution of the Borough Council:
A.
By the designation of an employee of the Borough of Elizabethville
to serve as the municipal code official to act on behalf of the Borough
of Elizabethville.
B.
By the retention of one or more construction code officials or third-party
agencies to act on behalf of the Borough of Elizabethville.
C.
By agreement with one or more other municipalities for the joint
administration and enforcement of this Act through an intermunicipal
agreement.
D.
By entering into a contract with another municipality for the administration
and enforcement of this Act on behalf of this the Borough of Elizabethville.
E.
By entering into an agreement with the Pennsylvania Department of
Labor and Industry for plan review, inspections and enforcement of
structures other than one family or two family dwelling units and
utility and miscellaneous use structures.
[Ord. No. 327, 5/12/2008]
A Board of Appeals shall be established by resolution of the
Borough Council in conformity with the requirements of the relevant
provisions of the Uniform Code, as amended from time to time, and
for the purposes set forth therein. If at any time enforcement and
administration is undertaken jointly with one or more other municipalities,
said Board of Appeals shall be established by joint action of the
participating municipalities.
[Ord. No. 327, 5/12/2008]
All relevant ordinances, regulations and policies of the Borough
of Elizabethville not governed by the Uniform Code shall remain in
full force and effect.
[Ord. No. 327, 5/12/2008]
Fees assessable by the Borough of Elizabethville for the administration
and enforcement undertaken pursuant to this Part and the Uniform Code
shall be established from time to time by resolution of the Borough
Council.
