[HISTORY: Adopted by the Borough Council of Montgomery Borough 12-12-1995 by Ord. No. 1995-19 (Ch. IV, Part 1A, of the 1996 Code of Ordinances). Amendments noted where applicable.]
Uniform construction codes — See Ch. 150.
BOCA National Fire Prevention Code. For the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, the Borough of Montgomery adopts as its Fire Prevention Code, The BOCA National Fire Prevention Code/1993, Ninth Edition, as published by the Building Officials & Code Administrators International, Inc. One or more copies of that code have been placed on file in the office of the Borough Secretary, and will remain on file there. That entire Fire Prevention Code, as affected by the deletion, amendment or modification of certain portions in the following sections and subsections of this chapter, is adopted, and is incorporated into the Borough's Code. From the date on which this chapter takes effect, the provisions of that Fire Prevention Code, as affected by this chapter, shall be in effect within the corporate limits of the Borough of Montgomery. In this chapter, the BOCA National Fire Prevention Code may be referred to as "the code" or "this code."
Amendments and changes in the published Fire Prevention Code. All amendments, changes, additions and deletions in the published 1993, Ninth Edition of the Fire Prevention Code referred to in Subsection A of this section, as made by the publisher of the code and transmitted to the Borough, prior to publication of a new edition of the code, shall be considered as part of this chapter and effective in the Borough, provided that copies of the publisher's changes and modifications are kept on file in the office of the Borough Secretary, preferably with notations of those changes made by the fire official of the Borough in the proper and pertinent places in the file copies of the published Fire Prevention Code referred to in Subsection A of this section. When any complete new edition of the published code, usually issued at three-year intervals, becomes available to the Borough, that edition may be adopted by the Borough in place of the ninth or later edition, by ordinance, either by amendment of this chapter or by enactment of a complete, self-contained ordinance, serving to adopt the new edition and to make necessary changes in the material comprising § 204-2 of this chapter.
The code is amended and modified in the following respects:
Wherever the words "name of jurisdiction" appear in brackets in the Code, the words "Borough of Montgomery" shall be inserted in place of those bracketed words. Likewise, the words "Borough of Montgomery" shall be substituted for the word "jurisdiction," where the latter word appears singly in the code, without being prefaced by the words "under the."
The term "chief appointing authority of the jurisdiction" and the term "chief authority of the jurisdiction," as used in the code, shall mean the Borough Council.
The term "chief administrative officer," as used in the code, shall mean the Borough Solicitor.
The term "legal counsel of the jurisdiction" shall mean the Borough Solicitor.
The term "code official" shall mean the Code Enforcement Officer of Montgomery Borough, the Police Chief, or the Fire Chief of the Borough, who, in this capacity, may be referred to as the "Fire Marshal," and the term shall also include a duly authorized representative of the code official or Fire Marshal.
The word "department," as used in this code, shall mean the code official in his official capacity under this code, and any of his subordinates in the performance of functions under this code.
Section F-101.1 of the Code is amended to read as follows:
F-101.1 Title: These regulations shall be known as the Fire Prevention Code of the Borough of Montgomery hereinafter referred to as "this code."
The following new section shall be added directly after Section F-102.3 of the code:
F-102.4 Validity of other laws, regulations and ordinances: Nothing in this code shall be construed to prevent the enforcement of other laws, state regulations and ordinances of this Borough which prescribe more restrictive or stricter requirements or limitations. When any provision specified in this code for health, safety and welfare is more restrictive than other provisions, this code shall control; but, in any case, the most rigid requirements of either this code or other laws, regulations or ordinances shall apply whenever they may be in conflict.
Section F-104.2 of the code is amended to read as follows:
F-104.2 Modifications: When there are practical difficulties involved in complying with any provision of this code, and upon application in writing by the owner of the property involved, or his representative, which application shall be kept on file in the office of the Borough Secretary, the code official shall have power to authorize modifications of specific provisions and requirements of this code. Such modifications may involve alternative methods or materials, or other types of modifications. Such authorization shall be granted where there are practical difficulties in the way of carrying out the strict letter of the code, providing that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of every such modification, when granted or allowed, and the decision of the code official on the matter shall be submitted to Council and kept on file with the Borough Secretary, and a signed copy shall be furnished to the applicant.
Section F-104.2.1 of the code is deleted since its provisions, with minor modifications, are included in Section F-104.2 as amended in Subsection I of this section.
Section F-105.1 of the code is amended to read as follows:
F-105.1 Enforcement officer: It shall be the duty and responsibility of the code official to enforce the provisions of this code.
Section F-105.2 of the code shall be deleted.
Section F-105.5 of the code is amended to read as follows:
F-105.5 Restriction of employees: An official or employee connected with the enforcement of this code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a structure, to which any part of the code applies, or the preparation of construction documents thereof, unless that person is the owner of the structure; nor shall any such officer or employee engage in any work which conflicts with official duties or with the interests of the department.
Section F-106.6 of the code is amended to add the following provision at the end of the section:
Provided: Borough Council shall have authority, at its discretion, to abrogate any rule or regulation, or part thereof, in which case that rule, regulation or part shall cease to be in effect in the Borough.
Section F-107.2 of the code is amended to read as follows:
F-107.2 Permits required: Permits shall be issued by the Code Enforcement Officer, and shall at all times: a) be kept on the premises designated on the permit; and b) be available for inspection by the code official or other authorized representative. Provided: no permit need be obtained from the Borough under this section where a license or permit is required by law or departmental regulation of the Commonwealth of Pennsylvania, and where a valid state license or permit is in the possession of the person desiring to engage in the precise activity authorized by the state license or permit.
Section F-107.2.1 of the code is amended to read as follows:
F-107.2.1 Application for permit: Application for a permit required under this code shall be made to the Borough Secretary on a form provided by the Borough. Every application shall be accompanied by the permit fee that is provided for in Section F-197.8 and shall also be accompanied by the construction documents as required by the code official for evaluation of the application. After investigation and approval by the code official, he shall authorize issuance of the permit.
Section F-107.8 of the code is amended to read as follows:
F-107.8 Permit fee: The fee for every permit issued by the Borough under this code, which shall be for the use of the Borough, shall be in accordance with the fee schedule adopted by resolution of Borough Council from time to time, pursuant to Section 2(13) of Ordinance No. 1995-16 adopting the BOCA National Building Code, 1993 Edition. No permit shall be issued until the permit fee has been paid to the Borough.
Section F-111.2 of the code is amended to read as follows:
F-111.2 Unlawful continuance: Any person who refuses to leave, interferes with the evacuation of other occupants or continues any operation after having been given an evacuation order, except such work as that person is directed to perform to remove an unsafe condition, shall be guilty of a violation of this code.
Section F-112.2 of the code is amended to read as follows:
F-112.2 Failure to correct violation: If the notice of violation is not complied with within the time specified by the code official, the code official shall report that fact, in writing, to the Mayor and to Borough Council. The Mayor may then direct the Police Department of the Borough to make any arrests for any offense against this code or order of the code official affecting the immediate safety of the public, and Council may direct the Borough Solicitor to institute the appropriate legal proceedings to restrain, correct, or abate the violation, or to require removal or termination of the unlawful occupancy of the building or structure in violation of any provision of this code or of any order or direction made under this code.
Section F-112.3 of the code is amended to read as follows:
F-112.3 Penalty for violation:
Section F-113.0 of the code, "Means of Appeal," and all subsections of that section, being Sections F-113.1 through F-113.7, are deleted, and the following new Section F-113.0 is substituted for the deleted material:
Section F-311.1 of the code is amended to read as follows:
F-311.1 Designation: The Fire Chief, in his capacity as Fire Marshal, shall require and designate public or private fire lanes as deemed necessary for the efficient and effective use of fire apparatus for the purpose of providing egress for occupants of buildings in the vicinity.
The following new section is added directly after Section F-311.3:
F-333.4 Prosecution for illegal parking in fire lanes: Prosecution of persons parking illegally in fire lanes shall be in the manner prescribed by the Vehicle Code of Pennsylvania, and in the section of the Borough's traffic and parking ordinance prescribing the penalty for parking in locations along the streets where parking is prohibited at all times.
Section F-3001.2 of the code is amended to read as follows:
Section F-3003.1 of the code is amended to read as follows:
F-3003.1 Manufacturing: The manufacture of any explosive material in any quantity is prohibited everywhere in the Borough unless that manufacture is authorized by a federal license and is conducted in accordance with recognized safety practices. Provided: This prohibition does not apply to hand loading of small arms ammunition prepared for personal use and not for resale.
Section F-3003.2 of the code is amended to read as follows:
F-3003.2 Storage: The storage of explosive materials is prohibited everywhere in the Borough, except for temporary storage utilized in connection with approved blasting operations. Provided: This prohibition shall not apply to wholesale and retail stocks of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive-actuated power tools in quantities involving less than 500 pounds (277 kg) of explosive material.
Chapter 31 of the code, Fireworks, and all sections and subsections contained in that chapter (Sections F-3101.1 through F-3103.6) are deleted and the following new chapter and section are substituted therefor:
[Amended 2-19-2019 by Ord. No. 2019-1]
In interpreting any of the provisions of the code hereby adopted, the following principles shall be governing:
The said code shall not supersede any provision of any law of the Commonwealth of Pennsylvania or of any regulation promulgated by any department or agency of the commonwealth by authority of law, where such law or regulation is in conflict with or identical to a provision of the said code. Provided, however, any provision of the said code that is stricter than or in addition to any state law or regulation governing a particular subject or activity shall be in effect and shall be enforced within the Borough of Montgomery, subject to the penalties prescribed in the code.
Mention in or regulation by the code hereby adopted of any specific use of property, or of any business or industry, shall not in itself authorize such use of property or the establishment or carrying on of any such business or industry in the Borough. It is hereby declared that the intent of the Borough Council is that permitted and prohibited uses of property in the Borough shall be governed by the Borough's Zoning Ordinance, its amendments and supplements.